S.I. No. 149/2014 - European Union (Waste Electrical and Electronic Equipment) Regulations 2014

INDEX

PART I PRELIMINARY AND GENERAL

1.

2.

3.

4.

PART II REGISTRATION BODY

5.

6.

7.

8.

9.

10.

11.

12.

13.

PART III MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

PART IV APPROVED BODIES

31.

32.

33.

34.

35.

36.

PART V FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES

37.

38.

39.

40.

PART VI MISCELLANEOUS

41.

42.

43.

44.

45Commencement.

SCHEDULE 1 CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT COVERED BY THESE REGULATIONS DURING THE TRANSITIONAL PERIOD

SCHEDULE 2 INDICATIVE LIST OF ELECTRICAL AND ELECTRONIC EQUIPMENT WHICH FALLS UNDER THE CATEGORIES SET OUT IN SCHEDULE 1

SCHEDULE 3 CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT COVERED BY THESE REGULATIONS FROM 15 AUGUST 2018

SCHEDULE 4 INDICATIVE LIST OF ELECTRICAL AND ELECTRONIC EQUIPMENT WHICH FALLS UNDER THE CATEGORIES SET OUT IN SCHEDULE 3

SCHEDULE 5 INFORMATION TO BE COMPILED AND PROVIDED WHEN APPLYING FOR REGISTRATION AND INFORMATION REQUIRED FOR REPORTING IN ACCORDANCE WITH REGULATION 11

SCHEDULE 6 REQUIREMENTS REGARDING NOTICES IN ACCORDANCE WITH REGULATIONS 14, 25 AND 30

SCHEDULE 7 CALCULATION OF THE AMOUNT EQUAL TO INTEREST COMPOUNDED ON A DAILY BASIS IN ACCORDANCE WITH REGULATION 16

SCHEDULE 8 TECHNICAL REQUIREMENTS FOR STORAGE (INCLUDING TEMPORARY STORAGE) OF WEEE PRIOR TO TREATMENT

SCHEDULE 9 SELECTIVE TREATMENT FOR MATERIALS AND COMPONENTS OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

SCHEDULE 10 MINIMUM RECOVERY TARGETS IN ACCORDANCE WITH ARTICLE 11 OF THE DIRECTIVE

SCHEDULE 11 MINIMUM REQUIREMENTS FOR SHIPMENTS OF USED EEE SUSPECTED TO BE WEEE

SCHEDULE 12 INFORMATION TO BE PROVIDED IN PLANS IN ACCORDANCE WITH REGULATION 25

SCHEDULE 13 SYMBOL FOR THE MARKING OF ELECTRICAL AND ELECTRONIC EQUIPMENT INDICATING SEPARATE COLLECTION IN ACCORDANCE WITH REGULATION 28

SCHEDULE 14 INFORMATION TO BE PROVIDED BY DISTRIBUTORS IN APPLICATIONS FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH REGULATION 40

SCHEDULE 15 ADDITIONAL RULES TO THOSE SPECIFIED IN PART I OF THE WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) REGULATIONS 2007 ( S.I. NO. 821 OF 2007 ) AS AMENDED BY THE WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) (AMENDMENT) REGULATIONS 2008 ( S.I. NO 86 OF 2008 ) IN RESPECT OF REGISTERED ACTIVITIES IN ACCORDANCE WITH REGULATION 42

SCHEDULE 16 INFORMATION TO BE PROVIDED IN APPLICATIONS FOR REGISTRATION IN ACCORDANCE WITH REGULATION 42

S.I. No. 149 of 2014

EUROPEAN UNION (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th March, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment, hereby make the following Regulations:

PART I PRELIMINARY AND GENERAL

Citation

Purpose of Regulations

Interpretation of Regulations

“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);

“active implantable medical device” means an active implantable medical device within the meaning of point (c) of Article 1(2) of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices which is electrical and electronic equipment (EEE);

“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“all reasonable times” means all times when members of the public have access to a place where electrical and electronic equipment is distributed;

“approved body” means an appropriate body corporate approved by the Minister in accordance with regulation 33;

“approved preparing for re-use of WEEE organisation” means a preparing for re-use of electrical and electronic equipment organisation approved and registered by the national registration body for the purposes of regulation 17(3);

“authorised facility” means a facility that has been granted a waste/site authorisation in the form of a waste licence, a waste facility permit or a certificate of registration;

“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purpose of the Act of 1996 or any Part or section thereof;

“authorised representative” means any natural or legal person established within the State who has been appointed by written mandate from a producer, established in another Member State to fulfill the obligations of that producer, pursuant to these Regulations in the State;

“battery” or “accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);

“blocked bank account” means a deposit account or accounts, whose sole purpose is to provide financial resources for the environmentally sound management of waste electrical and electronic equipment, lodged with an undertaking or undertakings holding a valid banking licence issued in accordance with the provisions of the Central Bank Act 1971 (No. 24 of 1971);

“captive insurer” means an insurance company the purpose of which is to provide insurance cover exclusively to the risks of the undertaking or undertakings to which it belongs or of an undertaking or undertakings of the group of which the captive insurance undertaking makes part;

“Central Statistics Office” means the Office established under section 8(1) of the Statistics Act 1993 (No. 21 of 1993);

“civic amenity facility” means a purpose-designed facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste electrical and electronic equipment arising from private households;

“collection” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;

“collection point” means—

• (i) a civic amenity facility, or

• (ii) other facility for the receipt, storage, including temporary storage or recovery of waste electrical and electronic equipment

subject to such a facility being appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act of 1996, or other such facilities as may be prescribed in Regulations;

“the Directive” means European Parliament and Council Directive 2012/19/EU of 4 July 2012 on waste electrical and electronic equipment;

“disposal” has the meaning given by Article 3 of, and Annex I of Directive 2008/98/EC of the European Parliament and of the Council;

“distance communication” is as defined in Article 2(4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts or, as appropriate, means sales and marketing services by electronic communication, voice telephony services, including telesales and telemarketing or non-electronic direct marketing services, including mail order;

“distributed” means

• (i) sold in exchange for any consideration including money whether or not by finance agreement, including but not exclusive to any loan, lease, hiring or deferred sale agreement or arrangement relating to any electrical and electronic equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place, or

• (ii) giving as a prize or otherwise making a gift;

“distributor” means any natural or legal person in the supply chain, who makes an EEE available on the market. This does not prevent a distributor from also being a producer;

“electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volt for direct current;

“environmental management costs” means the costs of the environmentally sound management of waste electrical and electronic equipment from private households arising from electrical and electronic equipment placed on the market in the State;

“environmentally sound management of waste electrical and electronic equipment” means the collection, storage, treatment and recovery or, as appropriate, disposal of waste electrical and electronic equipment in an environmentally sound manner;

“EURIBOR rate” means the Euro Interbank Offered Rate;

“final user” means any person who discards electrical and electronic equipment for which they have no further use or, as appropriate, who intends to, or is required to discard it, but shall not include any person who on behalf of, or as a service to any other person—

• (i) buys, sells or arranges for the purchase, sale or transfer of waste from one person to another, or

• (ii) arranges for the collection, recovery or disposal of waste;

“finance agreement” means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment, whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place;

“financing the environmentally sound management of waste electrical and electronic equipment” means the cost of collection from collection points, together with the treatment, recovery and environmentally sound disposal of waste electrical and electronic equipment including, where appropriate, the provision of receptacles to facilitate the segregation of waste electrical and electronic equipment at collection points and associated operational costs;

“hazardous waste” has the meaning given by Article 3 of, and Annex III of Directive 2008/98/EC of the European Parliament and of the Council;

“in vitro diagnostic medical device” means an in vitro diagnostic device or accessory within the meaning of respectively, point (b) or (c) of Article 1(2) of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices which is EEE;

“large-scale stationary industrial tools” means a large size assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility;

“large-scale fixed installation” means a large-size combination of several types of apparatus and, where applicable, other devices, which:

• (i) are assembled, installed and de-installed by professionals;

• (ii) are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; and

• (iii) can only be replaced by the same specifically designed equipment;

“making available on the market” means any supply of a product for distribution, consumption or use on the market of a Member State in the course of a commercial activity, whether in return for payment or free of charge;

“medical device” means a medical device or accessory within the meaning of, respectively, point (a) or (b) of Article 1(2) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices which is EEE;

“the Minister” means the Minister for the Environment, Community and Local Government;

“non-road mobile machinery” means machinery, with on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working;

“placing on the market” means the first making available of a product on the market within the territory of a Member State on a professional basis;

“preparing for re-use” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;

“prevention” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;

“producer” means any natural or legal person who, irrespective of the selling technique used, including distance communication within the meaning of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts:

• (i) is established in a Member State and manufactures EEE under his or her own name or trademark, or has EEE designed or manufactured and markets it under his or her name or trademark within the territory of that Member State,

• (ii) is established in a Member State and resells within the territory of that Member State, under his or her own name or trademark, equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in sub-regulation (i),

• (iii) is established in a Member State and places on the market of that Member State, on a professional basis, EEE from a third country or from another Member State; or

• (iv) sells EEE by means of distance communication directly to private households or to users other than private households in a Member State, and is established in another Member State or in a third country.

Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a ‘producer’ unless he or she also acts as a producer within the meaning of sub-regulations (i) to (iv);

“prosecutor” means the Agency, Director of Public Prosecutions or Local Authority;

“recovery” has the meaning given by Article 3 of, and Annex II to Directive 2008/98/EC of the European Parliament and of the Council;

“recovery facility” means a facility for the deposit, preparing for re-use, treatment, recycling or recovery of waste electrical and electronic equipment;

“recycling” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;

“registration body” means the person, association or body corporate approved by the Minister under section 53 J of the Act for the purposes of transposing Article 16(1) of the Directive;

“removal” means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, mixtures and components are contained in an identifiable stream or are an identifiable part of a stream within the treatment process. A substance, mixture or component is identifiable if it can be monitored to verify environmentally safe treatment;

“re-use” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;

“separate collection” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;

“the RoHS Directive” means European Parliament and Council Directive 2011/65/EU of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment;

“third countries” means countries or territories outside the geographical territory of the European Union;

“treatment” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;

“waste electrical and electronic equipment” (WEEE) means electrical and electronic equipment, which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 including all components, subassemblies and consumables which are part of the product at the time of discarding;

“waste electrical and electronic equipment from private households” means WEEE which comes from private households and WEEE which comes from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. Waste from EEE likely to be used by both private households and users other than private households shall in any event be considered to be WEEE from private households.

Scope of Regulations

• (a) from 13 August 2012 to 14 August 2018 (transitional period), to EEE falling within the categories set out in Schedule 1. Schedule 2 contains an indicative list of EEE which falls within the categories set out in Schedule 1,

• (b) from 15 August 2018, to all EEE falling within the categories set out in Schedule 3. Schedule 4 contains a non-exhaustive list of EEE which falls within the categories set out in Schedule 3.

• (2) Without prejudice to paragraph (1) these Regulations shall not apply to any of the following EEE:

• (a) equipment which is necessary for the protection of the essential interests of the security of any Member State of the European Union including arms, munitions and war material intended for specifically military purposes;

• (b) equipment which is specifically designed and installed as part of another type of equipment that is excluded from or does not fall within the scope of these Regulations, which can fulfil its function only if part of that equipment;

• (c) filament bulbs.

• (3) In addition to the equipment specified in paragraph 2, from 15 August 2018, these Regulations shall not apply to the following EEE:

• (a) equipment designed to be sent into space;

• (b) large-scale stationary industrial tools;

• (c) large-scale fixed installations, except any equipment which is not specifically designed and installed as part of those installations;

• (d) means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved;

• (e) non-road mobile machinery made available exclusively for professional use;

• (f) equipment specifically designed solely for the purposes of research and development that is only made available on a business to business basis;

• (g) medical devices and in vitro diagnostic medical devices, where such devices are expected to be infective prior to end of life, and active implantable medical devices.

• (4) The registration body shall be the sole arbitrator in determining whether these Regulations apply to an item of electrical and electronic equipment in carrying out its functions in accordance with Regulation 8.

• (5) Nothing in these Regulations shall affect the application of existing EU legislation imposing requirements on-

• (a) safety and health;

• (b) chemicals, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;

• (c) waste management; or

• (d) product design.

PART II REGISTRATION BODY

Establishment of a Registration Body

• (2) Any person or persons, or association, or body corporate who undertakes all of the functions provided for in regulation 8 shall be known for the purposes of these Regulations as the ‘registration body’.

Grant or refusal of approval

• (2) An approval issued in accordance with sub-regulation (1) shall be conditional on the submission to the Minister of—

• (a) where appropriate, a copy of the—

• (i) articles of association of the body corporate, or

• (ii) memorandum of association or registered rules of the association or society, and

• (iii) the appropriate certificate issued by the Companies Registration Office or the Registrar of Friendly Societies,

• (b) the names and addresses in the State of the officers of the registration body and its board of directors or, as appropriate, Committee of Management,

• (c) the address of the registration body’s registered office and the address of the secretary, if different from the registered office,

• (d) a business plan in relation to the operation of the registration body,

• (e) where appropriate, proposals in relation to corporate governance,

• (f) proposals for the certification of producers or authorised representatives for the purpose of regulation 12,

• (g) proposals for determining the proportion of market share held by individual producers,

• (h) proposals for registration fee structures,

• (i) proposals for verifying the adequacy of financial guarantees,

• (j) proposals for approving preparing for re-use of waste electrical and electronic equipment organisations,

• (k) such other information as may be specified in writing by the Minister for the purposes of this regulation.

• (3) An approval in accordance with the provisions of sub-regulation (1) shall be subject to such conditions as the Minister may specify, including, but not exclusively,—

• (a) the period of approval which shall be for a period of not more than 10 years,

• (b) variance in the terms and conditions of approval,

• (c) revocation of approval, and

• (d) the nature of information (including financial accounts) to be recorded and maintained by the body concerned.

• (4) The Minister may, by notice in writing, from time to time vary any condition attached to an approval granted in accordance with the provisions of this regulation.

• (5) The registration body—

• (a) will be responsible for the effective carrying out of its functions, and

• (b) shall ensure that its financial costs are borne from its own resources.

Review and revocation of approval

• (2) Where the Minister proposes to review an approval, the Minister shall—

• (a) give notice in writing to the registration body of the proposal and the reasons therefore,

• (b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to a review, and

• (c) consider any submission so made.

• (3) Following the consideration of any submission in accordance with sub-regulation (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.

• (4) Where an approval, granted in accordance with the provisions of regulation 6 is due to expire, the registration body—

• (a) shall not later than six months before the expiry of the approval, notify the Minister whether or not it intends to continue or cease operating as the registration body, and

• (b) if intending to continue to operate as the registration body, shall not later than four months before the expiry of the approval, make a submission to the Minister in accordance with the provisions of said regulation.

• (5) Subject to sub-regulation (6), where it appears to the Minister that the registration body is not complying with conditions attached to such approval, he or she may revoke an approval granted in accordance with the provisions of regulation 6.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of regulation 6, the Minister shall—

• (a) give notice in writing to the registration body of the proposed decision and the reasons therefore,

• (b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to the proposed decision, and

• (c) consider any submission so made.

• (7) Once an approval in accordance with the provisions of regulation 6—

• (a) is revoked by the Minister, or

• (b) expires,

the registration body and any third party contracted to undertake any or all of the functions allotted to it, shall immediately transfer to the Minister, or to any party so directed by the Minister, or to the person or persons, or association, or body corporate who is in receipt of the next approval to act as the registration body for the purposes of this Part, all records, documentation and data in written and in electronic form, including the requisite software and programmes, together with any funds and assets that were obtained on account of the functions provided for in regulation 8 and powers that were vested in accordance with the provisions of regulation 9.

Functions of the Registration Body

• (a) establish and maintain a register (hereafter in this Part referred to as ‘the register’) of producers placing electrical and electronic equipment on the market in the State,

• (b) establish and maintain a register of approved preparing for re-use of waste electrical and electronic equipment organisations,

• (2) The registration body shall be required to—

• (a) provide for the maintenance of an online register of all producers placing electrical and electronic equipment on the market in the State,

• (b) provide for the determination of the proportion of market share held by each individual producer placing electrical and electronic equipment on the market in the State and notify him or her accordingly,

• (c) provide for the verification that each producer has adequate financial guarantees in place,

• (d) cause proper accounts to be kept of all income and expenditure of the registration body in each calendar year, or in the first two years of its operations the relevant part thereof, and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the registration body,

• (e) in the first six months of each year, make a report to the Minister of its activities during the preceding calendar year, or in the first two years of its operations the relevant part thereof, which shall include a summary of all income and expenditure and balance sheet for that calendar year, or in the first two years of its operations the relevant part thereof, and audited accounts in respect of the calendar year, or in the first two years of its operations the relevant part thereof, prior to that,

• (f) provide such information regarding the operation of the registration body as the Minister may from time to time require,

• (g) notify the relevant local authority or, as appropriate, the Agency where it is evident to the registration body that a producer or authorised representative has failed to comply with any provision or provisions of these Regulations and to provide information to the relevant local authority or, as appropriate, the Agency in such format and at such frequency as may be determined by the local authority or the Agency as appropriate,

• (h) provide links to other national registers on its website,

• (i) approve preparing for re-use of waste electrical and electronic equipment organisations for the purposes of regulation 17(3),

• (j) cooperate and facilitate the electronic exchange of appropriate information with other national registers established in other Member States,

• (k) submit to the Minister for his or her approval, the criteria for approving preparing for re-use of waste electrical and electronic equipment organisations

having regard to any conditions that the Minister may apply in approving the registration body in accordance with the provisions of regulation 6.

• (3) Without prejudice to sub-regulations (1) and (2) the registration body may, where appropriate, procure the services of a—

• (a) person or persons,

• (b) association or associations or, as appropriate,

• (c) body corporate or bodies corporate,

to undertake any or all of the functions allotted to it.

• (4) No person serving or appointed to serve on the board of directors or, as appropriate, Committee of Management of the registration body shall have any current engagement or, as appropriate, material interest with any—

• (a) economic operator with obligations under or, as necessary,

• (b) approved body established in accordance with the provisions of Part IV of these Regulations.

Powers of the Registration Body

• (a) determine applications for registration of producers and to issue approvals or refusals in accordance with the provisions of regulation 12,

• (b) issue certificates of registration and registration numbers,

• (c) obtain a statement from the external auditors of any producer, or any approved body established in accordance with the provisions of Part IV of these Regulations acting on behalf of a producer, relating to financial information or, as appropriate, examine the records of any producer, or approved body acting on behalf of a producer relating to—

• (i) the quantities, by weight or, as appropriate, by number of units, of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market by a producer,

• (ii) details of financial guarantees, and

• (iii) market data including the quantities, by weight or, as appropriate, by number of units, of electrical and electronic equipment placed on the market by a producer.

• (d) determine applications from any person or persons, or association, or body corporate to register as an approved preparing for re-use of waste electrical and electronic equipment organisations for the purposes of regulation 17(3),

• (e) receive annual subscriptions, or make charges (hereafter in this Part referred to as ‘the fees’) to provide for the effective carrying out of its functions,

• (f) set the level of any such fees which it may review from time to time.

• (2) Without prejudice to sub-regulation (1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in sub-regulation (1)(c) shall transfer to the third party concerned.

• (3) Without prejudice to sub-regulation (2), a third party empowered to determine the total quantity of collected waste electrical and electronic equipment attributable to each individual producer including the members of any approved body established in accordance with the provisions of Part IV of these Regulations, shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form—

• (a) concerning the quantity of collected waste electrical and electronic equipment attributable to or, as necessary,

• (b) that may be used to identify or, as necessary, calculate the market share of,

any individual producer other than to the individual producer concerned.

Obligation of producers, or authorised representatives to register with the Registration Body

• (2) A producer who is established in the State and who places EEE onto the market in any other Member State by means of distance communication shall appoint an authorised representative in that Member State as the person responsible for fulfilling the obligations of that producer, pursuant to the Directive, in that Member State;

• (3) The registration body, an approved body or the Agency shall not fulfil the functions of an authorised representative for the purposes of these Regulations.

• (4) Appointment of an authorised representative shall be by written mandate.

• (5) Each producer that has placed electrical and electronic equipment on the market in the State shall be obliged to—

• (a) be registered with the registration body;

• (b) declare to the registration body or, as appropriate, a third party acting on its behalf that any electrical and electronic equipment that he or she has placed on the market is marked in accordance with the provisions of regulation 28(1),

• (c) display the registration number issued to him or her in accordance with the provisions of regulation 12 on any invoice, credit note, dispatch and delivery docket issued to a distributor by him or her, and

• (d) pay the fees as may be determined by the registration body or, as appropriate, a third party acting on its behalf,

• (e) provide to the registration body the information set out in Part 2 of Schedule 5 as required.

• (6) A producer who—

• (a) fails to comply with any of the provisions of sub-regulation (5), or

• (b) is deemed not to be registered in accordance with regulation 12(2) or,

• (c) is refused an application for renewal of registration in accordance with the provisions of regulation 12(4),

shall not place electrical and electronic equipment on the market.

• (7) Any producer who is not in possession of a valid Certificate of Registration in accordance with the provisions of regulation 12 shall not display any registration number issued by the Registration Body on any invoice, credit note, dispatch and delivery docket, website or at any place.

Registration, information and reporting

• (2) An application for registration in accordance with the provisions of sub-regulation (1) shall be made in writing, or electronically and shall contain at least the information set out in Part 1 of Schedule 5 and shall be accompanied by a declaration from the applicant detailing arrangements for providing adequate financial guarantees that will be required in accordance with the provisions of regulations 16 and or 18 as appropriate.

• (3) An application for registration in accordance with the provisions of sub-regulation (1) shall be accompanied by the fee determined by the registration body.

• (4) A producer or authorised representative shall notify the registration body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for registration within 10 working days of such change.

• (5) An application for registration in accordance with the provisions of sub-regulation (1) shall be accompanied by a declaration that all electrical and electronic equipment he or she places on the market complies with the requirements of the RoHS Directive.

• (6) An application for registration in accordance with sub-regulation (1) shall be accompanied by a copy of a valid certificate granted in accordance with the provisions of Part IV of these Regulations stating that such a producer is participating in a satisfactory manner in a scheme for the environmentally sound management of waste electrical and electronic equipment.

• (7) A producer or authorised representative shall be required by the registration body to supply information indicating how that producer continues to ensure the environmentally sound management of waste electrical and electronic equipment in accordance with regulations 16 and, or 18, on an annual basis and not later than January 31st in each calendar year.

• (8) Information provided in accordance with the provisions of sub-regulation (7) shall be made in writing, or electronically and shall include confirmation that the information specified in Part 1 of Schedule 5 remains correct.

• (9) The registration body may charge a fee for the processing of information under this regulation.

• (10) A producer or authorised representative shall de-register by informing the registration body in writing or electronically that it has ceased to be a producer.

• (11) The information for the purposes of sub-regulation (10) shall indicate how the producer has ensured the environmentally sound management of waste electrical and electronic equipment in accordance with regulations 16 and, or 18, up until the last date on which it has placed electrical and electronic equipment on the market.

Certification of producers, or authorised representatives

• (a) who makes an application, or

• (b) on whose behalf an application has been made,

in accordance with the provisions of regulation 11 shall be registered by the registration body provided that the requirements of regulations 10 and 11 are complied with.

• (2) A producer or authorised representative shall not be deemed to be registered until a Certificate of Registration and registration number has issued by the registration body or, as appropriate, a third party acting on its behalf.

• (3) The registration body or, as appropriate, a third party acting on its behalf shall issue a Certificate of Registration bearing a unique registration number as expeditiously as possible and, in any event, within—

• (a) six weeks of the date of receipt of an application for registration, or

• (b) two weeks after the date of receipt of further information or particulars requested by the registration body in connection with such an application,

whichever is the later.

• (4) Without prejudice to sub-regulations (1) and (3), the registration body may refuse or as appropriate revoke a registration in accordance with the provisions of this regulation where it considers that a producer, or authorised representative has, in the preceding twelve month period, or any part of that period failed to—

• (a) achieve the targets specified in regulation 23 and Schedule 10 or

• (b) maintain satisfactory records in accordance with the provisions of regulation 24 or

• (c) provide the information specified in regulations 11, 25, 26, 28, 29 or 30 or

• (d) comply with the provisions of Regulations made for the purposes of transposing the RoHS Directive.

Distance Sellers

• (1) if established in another Member State appoint an authorised representative in accordance with the provisions of regulation 10,

• (2) register in accordance with the provisions of regulation 11,

• (3) notify the registration body or, as appropriate, a third party acting on its behalf at the time of registration that he or she supplies electrical and electronic equipment by means of distance communication and confirm that all such equipment placed on the market in the State complies with the requirements of these Regulations,

• (4) upon a request from the—

• (a) registration body or, as appropriate, a third party acting on its behalf or,

• (b) local authority in the functional area where the registered office or, if not a company, the principal place of business of the producer or their authorised representative is located or,

• (c) Agency, undertake to provide it with information that demonstrates, to its satisfaction, that he or she has complied with his or her obligations in accordance with the provisions of Article 12 of the Directive to provide financing for the environmentally sound management of waste electrical and electronic equipment from private households deposited at collection points in the Member State of the European Union where the final user of the equipment resides and is complying with his or her obligations in accordance with the provisions of Article 13 of the Directive to finance the environmentally sound management of waste electrical and electronic equipment from users other than private households.

• (5) display the registration number issued to him or her in accordance with regulation 12 on his or her website.

PART III MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

Distributor responsibility

• (a) be prohibited from distributing electrical and electronic equipment—

• (i) placed on the market in the State by a producer who or, as appropriate,

• (ii) supplied to him or her by any person who supplies electrical and electronic equipment placed on the market in the State by a producer who—

is not in possession of a valid Certificate of Registration in accordance with the provisions of regulation 12, and, as appropriate, does not display the registration number issued to said producer in accordance with the provisions of regulation 12 on any invoice, credit note, dispatch or delivery docket in respect of electrical and electronic equipment supplied to the distributor concerned,

• (b) ensure that when—

• (i) supplying a product, waste electrical and electronic equipment from private households can be returned to him or her at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment other than contaminated waste electrical and electronic equipment that presents a health and safety risk unless such contamination is on account of a distributor’s liability under the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980);

• (ii) supplying new EEE from a retail premises with a sales area relating to EEE of at least 400 m2 that provision is made for the in-store collection of very small Waste Electrical and Electronic Equipment (no external dimension more than 25cm) free of charge to end-users and with no obligation to buy EEE of any type;

• (iii) waste electrical and electronic equipment from private households is accepted for return by him or her, it is transported and stored in accordance with sections 34 and 39 of the Act of 1996,

• (2) A distributor which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number is exempt from the requirements of sub- regulation 14 (1)(b)(i).

• (3) Distributors shall fulfil the obligation in sub-regulation (1)(b)(i) in instances where the supplied electrical and electronic equipment—

• (a) is delivered to the purchaser and where the waste electrical and electronic equipment of equivalent type or which has fulfilled the same function as the supplied equipment—

• (i) is available at its place of ordinary use for immediate collection, and at the time of collection, is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, by collecting it on delivery, provided that the distributor has given at least 24 hours’ notice of delivery, or

• (ii) where such equipment is not available for immediate return—

• (a) on account of less than 24 hours’ notice having been given for collection, by arranging for and collecting it within 15 days of the date of delivery, provided that the waste electrical and electronic equipment concerned is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, and the distributor has given at least 24 hours’ notice of collection, or

• (b) by accepting it, at all reasonable times at any or every place of business from which he or she distributes electrical and electronic equipment.

• (b) has not been delivered to the purchaser, by accepting, at all reasonable times at any or every place of business from which he or she distributes electrical and electronic equipment, the waste electrical and electronic equipment of equivalent type, or which has fulfilled the same function as the supplied equipment.

• (4) Distributors, with the agreement of the appropriate local authorities who shall have regard to any guidelines which the Minister may issue from time to time, may make alternative arrangements for ensuring that the obligations in sub-regulation (1)(b)(i) are fulfilled by other means by a—

• (a) nominated distributor, or

• (b) group of distributors or, as appropriate,

• (c) a third party acting on their behalf,

provided they ensure that returning the waste electrical and electronic equipment is not thereby made more difficult for the final user and provided that the alternative arrangements remain at least free of charge for the final user.

• (5) When household electrical and electronic equipment from private households is distributed, distributors may indicate in writing to each purchaser an alternative collection point that is in place for accepting the waste electrical and electronic equipment, where alternative arrangements provided for in sub-regulation (4) have been agreed and provided that returning it is not thereby made more difficult for the final user and that the alternative arrangements remain at least free of charge for the final user.

• (6) A distributor to whom sub-regulation (4) applies shall fix and maintain, in a conspicuous position at or within one metre of each entrance to his or her premises, a notice complying with the requirements specified in Part 1 of Schedule 6.

• (7) Without prejudice to sub-regulation (3), distributors, their servants or agents shall be prohibited from offering orally or in written form—

• (a) any reduction or discount on the retail price for any item of electrical and electronic equipment for the purposes of the reduced or discounted or, as appropriate,

• (b) two retail prices for any item of electrical and electronic equipment for the purposes of the lower,

retail price being predicated on the distributor not having to fulfil his or her obligation in sub-regulation (1) (b) (i).

• (8) Without prejudice to sub-regulation (3), where a producer or, as appropriate, a distributor supplies electrical and electronic equipment by means of distance communication he or she shall—

• (a) ensure that waste electrical and electronic equipment from private households can be returned to him or her at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment other than contaminated waste electrical and electronic equipment that presents a health and safety risk unless such contamination is on account of the distributor’s liability under the Sale of Goods and Supply of Services Act, 1980 (No.16 of 1980);

• (b) place a visible and legible notice—

• (i) on his or her website or other electronic means of communication where—

• (a) electrical and electronic equipment being distributed is displayed,

• (b) the retail price of electrical and electronic equipment is quoted or, as appropriate,

• (c) the ordering and financial transaction confirming purchase of electrical and electronic equipment is undertaken or, as appropriate,

• (ii) in each of his or her catalogues, brochures or, as appropriate, mail-shots,

indicating that he or she will take back waste electrical and electronic equipment from private households at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment together with details of any or every place of business in the State from which he or she distributes electrical and electronic equipment or, as appropriate, an address in the State where he or she takes back waste electrical and electronic equipment,

• (c) display the registration number issued to him or her by the registration body on his or her website,

• (d) notify customers when distributing electrical and electronic equipment for private households by voice telephony services, including telesales and telemarketing, that he or she will take back waste electrical and electronic equipment from private households at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment together with details of any or every place of business in the State from which he or she distributes electrical and electronic equipment or, as appropriate, an address in the State where he or she takes back waste electrical and electronic equipment, and

• (e) without prejudice to paragraphs (b) and (d), accept any waste electrical and electronic equipment of equivalent type or which has fulfilled the same function as the supplied equipment—

• (i) provided that he or she has given at least 24 hours’ notice of delivery, by collecting it on delivery provided it is available at its place of ordinary use for immediate collection and at the time of collection is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, or

• (ii) where such equipment is not available for immediate return,—

• (a) on account of less than 24 hours’ notice having been given for collection, by arranging for and collecting it within 15 days of the date of delivery, provided that the waste electrical and electronic equipment concerned is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, and the distributor or producer concerned has given at least 24 hours’ notice of collection, or

• (b) by accepting it at—

• (I) any or every place of business in the State from which he or she distributes electrical and electronic equipment or, as appropriate,

• (II) an address in the State,

when occupied by the producer or authorised representative or, as appropriate, the distributor concerned or by any of his or her servants or agents.

• (9) Without prejudice to sub-regulations (3)(a) and (8)(c), any distributor shall be prohibited from requiring a customer to sign any document or make any declaration stating that any item of waste electrical and electronic equipment is not available for collection.

• (10) Where a third party distributes electrical and electronic equipment and or facilitates the take back of waste electrical and electronic equipment on behalf of a distributor, the requirements set out in sub-regulations (3) and 8(c) remain the obligation of the distributor concerned.

Transfer of waste electrical and electronic equipment by distributors

• (a) shall be prohibited from—

• (i) transferring to any person or persons waste electrical and electronic equipment, with the exception of—

• (a) a collector who is acting on behalf of—

• (I) the producer or authorised representative responsible for financing the environmentally sound management of the waste electrical and electronic equipment concerned in accordance with the provisions of regulation 16 or, as appropriate,

• (II) an approved body established in accordance with the provisions of Part IV or its representative or, as appropriate,

• (b) a producer who is responsible for financing the environmentally sound management of the waste electrical and electronic equipment concerned in accordance with the provisions of regulation 16 or, as appropriate,

• (c) an approved body established in accordance with the provisions of Part IV or its representative,

that is permitted in accordance with the provisions of section 34 of the Act, and

• (ii) selling waste electrical and electronic equipment from private households;

• (b) shall maintain records for a period of not less than two years to demonstrate the quantity of waste electrical and electronic equipment taken back, stored and removed from his or her premises or, as appropriate, any premises used for the storage of waste electrical and electronic equipment by the distributor concerned, and furnish such records in such form and at such frequency as may be specified by the Agency or the local authority.

• (2) The prohibition in sub-regulation (1)(a)(i) shall not apply in respect of electrical and electronic equipment returned to or accepted by a distributor under the provisions of the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980) and which is subsequently returned to the producer.

Financing the take back of waste electrical and electronic equipment from private households

• (a) his or her own products of electrical and electronic equipment for private households placed on the market in the State as and from 13 August 2005, and

• (b) all products of electrical and electronic equipment for private households placed on the market in the State prior to 13 August 2005 in proportion to his or her current share of the market by type of equipment as categorised in Schedule 1, and from 15 August 2018 by type of equipment as categorised in Schedule 3, as determined by the registration body or, as appropriate, a third party acting on its behalf, when the respective costs occur.

• (2) When a product is placed on the market in the State as referred to in sub-regulation (1)(a), the producer shall provide, within the twentieth working day of the month following its placement on the market in the State, a financial guarantee showing that the full cost of the environmentally sound management of waste electrical and electronic equipment will be financed when it is discarded by the final user.

• (3) The financial guarantee provided for in sub-regulation (2) shall consist of—

• (a) a blocked bank account into which at least shall be deposited,—

• (i) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from private households when it is placed on the market in the State, and

• (ii) the interest that would accrue on the amount referred to in paragraph (i) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for the period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of regulations 11(2) and 11(3)

as set out in Schedule 7 or,

• (b) an insurance policy or policies, covering at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by the producer concerned, with an undertaking or undertakings registered in accordance with the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ), other than a captive insurer, for a period of not less than the life of the product or,

• (c) self-insurance provided a producer maintains a minimum balance of €15,000,000 or 10% of annual turnover of electrical and electronic equipment in the State, whichever is the greater, in a blocked bank account, to cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by him or her, or,

• (d) a bond or bonds issued by an undertaking or undertakings—

• (i) registered in accordance with the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ) or, as appropriate,

• (ii) holding a valid banking licence issued in accordance with the provisions of the Central Bank Act 1971 (No. 24 of 1971),

covering at least—

• (a) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment when it is placed on the market in the State, and

• (b) the interest that would accrue on the amount referred to in paragraph (a) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for a period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of regulation 11(2),

as set out in Schedule 7

• (4) Each producer placing electrical and electronic equipment on the market in the State shall ensure when an existing form of financial guarantee is substituted for another form as provided for in—

• (a) sub-regulations (3)(a) and (3)(d), that the substitute financial guarantee shall cover at least—

• (i) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment that he or she has placed on the market in the State from 13 August 2005 onwards that has, at the time of substitution, not been discarded by the final user, and

• (ii) the interest that would accrue on the amount referred to in paragraph (i) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for a period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of regulation 11(2),

as set out in Schedule 7,

• (b) sub-regulation (3)(b), that the substitute financial guarantee shall cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by the producer concerned or,

• (c) sub-regulation 3(c), he or she maintains a minimum balance of €15,000,000 or 10% of annual turnover in the State, whichever is the greater, in a blocked bank account, to cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by him or her.

• (5) A withdrawal or withdrawals from a blocked bank account provided for in sub-regulation (3) shall only be permitted for the purposes of—

• (a) financing the environmentally sound management of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market in the State from 13 August 2005 onwards,

• (b) the payment of any taxes on interest received to the appropriate agency or,

• (c) obtaining the interest earned from such an account less any—

• (i) taxes payable in accordance with the provisions of paragraph (b) or,

• (ii) charges levied by the financial institution holding or, as appropriate, managing such funds.

• (6) The closure of a blocked bank account provided for in—

• (a) sub-regulation (3)(a) shall only be permitted when—

• (i) all the liabilities and obligations, in accordance with the provisions of sub-regulation (1), of a producer who has ceased placing electrical and electronic equipment on the market in the State, have been discharged in full and the discharge of such liabilities is confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or

• (ii) a producer—

• (a) obtains a substitute financial guarantee provided for in sub-regulations 3(b) or, 3(c) or, 3(d), or

• (b) is accepted into membership of an approved body established in accordance with the provisions of Part IV or,

• (b) sub-regulation (3)(c) shall only be permitted when—

• (i) all the liabilities and obligations, as laid down in sub-regulation (1), of a producer who has ceased placing electrical and electronic equipment on the market in the State, have been discharged in full and the discharge of such liabilities is confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or

• (ii) a producer–

• (a) obtains a substitute financial guarantee provided for in sub-regulations 3(a), or 3(b) or, 3(d), or

• (b) is accepted into membership of an approved body, established in accordance with the provisions of Part IV, which agrees to accept all his or her outstanding liabilities and obligations, as laid down in sub-regulation (1).

• (7) A reduction in the outstanding liability of a bond or bonds provided for in sub-regulation (3)(d) shall only be permitted following the discharge of liabilities to finance the environmentally sound management of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market in the State from 13 August 2005 onwards and shall be limited to the costs incurred in discharging those liabilities.

• (8) The termination of a bond or bonds provided for in sub-regulation (3)(d) shall only be permitted when—

• (a) all the liabilities and obligations, in accordance with the provisions of sub-regulation (1), of a producer who has ceased placing electrical and electronic equipment on the market in the State, have been discharged in full, and the discharge of such liabilities is confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or

• (b) a producer—

• (i) obtains a substitute financial guarantee provided for in sub-regulations 3(a), or 3(b) or, 3(c), or

• (ii) is accepted into membership of an approved body established in accordance with the provisions of Part IV.

• (9) No person shall show a purchaser of electric and electronic equipment at the time of sale, the costs of financing the collection, treatment and environmentally sound disposal of Waste Electrical and Electronic Equipment from private households.

• (10) Notwithstanding sub-regulation 9, with effect from 1 July 2014, environmental management costs may be shown separately to the purchasers of electrical and electronic equipment at the time of sale of new products, provided the costs shown do not exceed the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment, of that equipment type.

• (11) Each producer or, as appropriate, distributor who displays environmental management costs shall be required to ensure that all costs shown do not exceed the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment, incurred by both producers and distributors, arising from electrical and electronic equipment placed on the market in the State.

(12)(a) Without prejudice to sub-regulation (11), any distributor who distributes electrical and electronic equipment supplied by a producer who displays environmental management costs shall be required to ensure that such costs are indicated in writing to each purchaser.

• (b) Notwithstanding paragraph (a), environmental management costs shall be indicated by the distributor concerned visibly and legibly in writing.

• (c) Notwithstanding paragraph (a), where a producer or, as appropriate, a distributor supplies electrical and electronic equipment by means of distance communication that was placed on the market in the State by a producer who displays an environmental management cost in accordance with the provisions of sub-regulation 10, he or she shall, in addition to complying with the provisions of paragraph (b) indicate environmental management costs visibly and legibly in writing.

• (i) on his or her website or other electronic means of communication or, as appropriate,

• (ii) in each of his or her catalogues, brochures or as appropriate, direct mail communications.

• (d) Notwithstanding paragraph (a), where, for the purposes of or in connection with the distribution by a person of electrical and electronic equipment, the price of the electrical and electronic equipment is stated orally or negotiated by the person or by a servant or agent of the person or is stated on the electrical and electronic equipment or on any container or wrapper in which the electrical and electronic equipment is packed or on a ticket or label attached to the electrical and electronic equipment or to such container or wrapper or in a catalogue or advertisement or in a notice or other document including a receipt, the price so stated shall be stated as a single amount inclusive of any charge made by the producer for any environmental management cost payable in respect of the electrical and electronic equipment.

• (e) Without prejudice to paragraph (d), where a price notice, relating to a specific item of electrical and electronic equipment placed on the market by a producer who displays an environmental management cost in accordance with the provisions of sub-regulation (10), is displayed-

• (i) in a distributor’s premises, he or she shall show the retail price of that specific item of electrical and electronic equipment inclusive of the environmental management cost and shall include the following wording- “Included in this price is a contribution to recycling costs of [amount of environmental management cost]”,