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

• (ii) on a website or other electronic means of communication by a producer, or as appropriate a distributor, he or she shall, at each point where the retail price is quoted or, as appropriate, the ordering and financial transaction confirming the purchase of such electrical and electronic equipment is undertaken, show the retail price of that specific item of electrical and electronic equipment which shall be 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]”,

• (iii) in a distributor’s catalogues, brochures or, as appropriate, direct mail communications he or she shall include the following wording in letters not less than 2mm high-“Included in these prices is a contribution to recycling costs”, or

• (iv) in any advertisement, the distributor concerned shall include the following wording in letters not less than 2mm high- “Included in these prices is a contribution to recycling costs”.

• (f) Notwithstanding paragraph (d), each distributor shall make available at the point of sale to the purchaser concerned an invoice, receipt or docket which shall state “Price of electrical items includes a contribution to recycling costs.”

• (13) Without prejudice to sub-regulation (2), in the event that the business of a producer is transferred in whole or in part to another person or persons, the producer shall remain responsible for the full costs of financing the environmentally sound management of electrical and electronic equipment which he or she has placed on the market in the State, until such time that he or she demonstrates that the person or persons to whom a transfer has been made is or are competent and in agreement to meet all the obligations of the producer in respect of any such electrical and electronic equipment, including fulfilling the obligation of producers to finance the environmentally sound management of waste electrical and electronic equipment, in accordance with the provisions of sub-regulation (1) and the requirement of producers to meet all recovery targets in accordance with the provisions of regulation 23.

• (14) Without prejudice to sub-regulation (2), in the event that the business of a producer—

• (a) ceases to trade,

• (b) goes into liquidation, examination or, receivership or

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 201of the Companies Acts 1963 to 2009,

the financial guarantee provided for in sub-regulation (3) shall not be used by any person or persons, including the liquidator, examiner, receiver or, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, subordinated creditors, other than for fulfilling the obligations of the producer concerned as laid down in sub-regulation (1).

• (15) Without prejudice to sub-regulations (3) and (4), the one month EURIBOR rate to be applied shall be the rate applicable on the last day of the month that electrical and electronic equipment is placed on the market in the State.

Collection of waste electrical and electronic equipment by a producer or authorised representative

• (2) A producer or authorised representative shall ensure that the collection and transport of separately collected waste electrical and electronic equipment is carried out in a way which allows optimal conditions for preparing for re-use, recycling, recovery and the minimisation of emissions of hazardous substances.

• (3) Prior to any further transfer for treatment, a producer or authorised representative shall provide for the separation at their collection points of waste electrical and electronic equipment that is to be prepared for re-use from other separately collected waste electrical and electronic equipment by granting access for personnel from approved preparing for re-use of waste electrical and electronic equipment organisations that have been approved and registered by the registration body.

• (4) Where a producer or authorised representative fails to comply with the requirements of sub-regulation (1) a local authority may make alternative arrangements for the environmentally sound management of any waste electrical and electronic equipment relating to products of a type and brand supplied by that producer and may obtain from the producer or authorised representative in addition to the actual costs of the environmentally sound management, any other costs incurred including, but not exclusive to, administrative, logistical and storage costs, at a rate or rates as to be determined by the local authority concerned together with an agency fee not exceeding 10% of the total costs incurred.

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

• (a) he or she places on the market in the State on and from 13 August 2005 or,

• (b) placed on the market in the State prior to 13 August 2005 that is replaced by him or her with new equivalent products or with new products fulfilling the same function.

• (2) Where waste arising from electrical and electronic equipment for users other than private households which was placed on the market in the State prior to 13 August 2005 is not being replaced with products of equivalent type or new products fulfilling the same function, the final user of that waste shall be responsible for—

• (a) its delivery to an authorised facility carrying out the treatment of waste electrical and electronic equipment,

• (b) recording the quantity delivered and treated at an authorised facility, and

• (c) financing its treatment, recovery and environmentally sound disposal.

• (3) Without prejudice to sub-regulation (1), a distributor to users other than private households, shall supply each purchaser with details of the producer responsible for financing the environmentally sound management of each item of—

• (a) electrical and electronic equipment placed on the market in the State on and from 13 August 2005 when it reaches end of life or,

• (b) waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market in the State prior to 13 August 2005 that is being replaced by him or her with new equivalent products or with new products fulfilling the same function.

Alternative Financing Arrangements

• (2) Where producers and users of electrical and electronic equipment for users other than private households conclude agreements stipulating other financing methods provided for in sub-regulation (1), each—

• (a) producer shall in advance of the sale of electrical and electronic equipment notify that user in writing of any or all of the obligations that transfer to the final user concerned in connection with the environmentally sound management of the waste electrical and electronic equipment, and where appropriate, of his or her obligations to fulfil the provisions of regulations 22 and 23, and

• (b) final user shall by the 31 January of each year, in respect of the previous calendar year, provide each producer or authorised representative concerned with adequate information to meet his or her record keeping obligations under regulation 24, and to demonstrate that—

• (i) all waste electrical and electronic equipment was treated in accordance with the provisions of regulation 22, and

• (ii) the targets as laid down in regulation 23 for the environmentally sound management of waste electrical and electronic equipment have been achieved.

Collection of waste electrical and electronic equipment

• (2) Final users of waste electrical and electronic equipment from private households shall be entitled to deposit such waste at civic amenity facilities at least free of charge.

• (3) Each producer or authorised representative shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection—

• (a) of waste electrical and electronic equipment arising from private households that was placed on the market in the State prior to 13 August 2005 in proportion to his or her current respective share of the market in the State by type of equipment as categorised in Schedule 1 and from 15 August 2018 by type of equipment as categorised in Schedule 3, or,

• (b) all waste electrical and electronic equipment from private households arising from electrical and electronic equipment that he or she has placed on the market in the State by type of equipment as categorised in Schedule 1 and from 15 August 2018 by type of equipment as categorised in Schedule 3 on, and from, 13 August 2005,

from collection points situated in the functional area of each local authority.

• (4) Each local authority may designate any premises of a distributor as a collection point, subject to the agreement of the distributor concerned and, where appropriate, an approved body established in accordance with the provisions of Part IV of these Regulations.

• (5) Each local authority-

• (a) shall only transfer waste electrical and electronic equipment to-

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

• (a) the producer 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,

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

• (I) 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,

• (II) 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

Storage of waste electrical and electronic equipment

Treatment and shipments of waste electrical and electronic equipment

• (a) producer that is responsible for financing the environmentally sound management of waste electrical and electronic equipment in accordance with the provisions of regulations 16 and 18 (1) or, as appropriate,

• (b) final user of waste electrical and electronic equipment from users other than from private households that—

• (i) is responsible for financing its environmentally sound management in accordance with the provisions of regulation 18(2), or

• (ii) avails of alternative financing methods as provided for in regulation 19(1),

• (a) shall ensure that all separately collected waste electrical and electronic equipment undergoes proper treatment which shall, as a minimum, include the removal of all fluids and a selective treatment as set out in Schedule 9 and

• (b) shall ensure that all separately collected waste electrical and electronic equipment is treated in accordance with the WEEELABEX normative requirements or any other equivalent EN treatment standards.

• (2) Any facility establishment or undertaking carrying out treatment operations shall obtain an appropriate permit that complies with the provisions 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 ) subject to any amendment that may be made to those regulations from time to time, which shall include all conditions necessary for:

• (a) the selective treatment of waste electrical and electronic equipment in accordance with Schedule 9,

• (b) the storage and treatment of waste electrical and electronic equipment as set out in Schedule 8, and

• (c) the achievement of the recovery targets as set out in Schedule 10,

from a local authority or, where appropriate, the Agency.

• (3) Without prejudice to sub-regulation (1), where waste electrical and electronic equipment is treated in a third country, the producer or authorised representative or, as appropriate, user of electrical and electronic equipment for users other than a private household who concludes an agreement stipulating other financing methods provided for in regulation 19(1) shall—

• (a) ensure that the shipment of WEEE is in compliance with Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply;

• (b) ensure that it is treated at a facility appropriately licensed or, as appropriate, permitted by the relevant authority or authorities in the third country concerned;

• (c) furnish documentary evidence to prove that the treatment took place in conditions that are equivalent to the requirements of the Directive.

• (4) In order to distinguish between EEE and WEEE, where the holder claims that he or she intends to ship or is shipping used EEE and not WEEE the requirements of Schedule 11 shall be complied with.

Recovery of waste electrical and electronic equipment

• (a) that he or she or a third party acting on his or her behalf meets, with regard to waste electrical and electronic equipment sent for treatment the minimum targets as set out in Schedule 10;

• (b) that recovery of waste electrical and electronic equipment is carried out using best available techniques.

Record keeping

• (a) the quantities, by weight or, as appropriate, by number of units, and categories of electrical and electronic equipment in each of the categories specified in Schedule 1,and from 15 August 2018 by type of equipment as categorised in Schedule 3, he or she placed on the market in—

• (i) each Member State of the European Union, and

• (ii) third countries, and

• (b) in accordance with the detailed rules for monitoring compliance as determined by Article 11 (4) of the Directive, the weight of waste electrical and electronic equipment, components, materials and substances when leaving (output) the collection facility, entering (input) and leaving (output) the treatment facility, and when entering (input) the recovery or recycling/preparing for re-use facility.

• (2) Records kept pursuant to sub-regulation (1) shall be—

• (a) retained at an address in the State by the person required to keep them for a period of at least six years, starting from the end of the year in which they were drawn up, and

• (b) made available to the Agency, a local authority or, as appropriate, an appropriate agency on request within a specified period or by a specified date.

• (3) The provisions of sub-regulation (1) shall apply to waste electrical and electronic equipment from private households together with its components, materials and substances and waste electrical and electronic equipment from users other than private households together with its components, materials and substances.

WEEE waste management plans and reports

• (a) have prepared a plan specifying the steps to be taken by the said producer in order to comply with the requirements of these Regulations, including the steps which the producer has, or intends to take to ensure the environmentally sound management of waste electrical and electronic equipment, and

• (b) fix and maintain in a conspicuous position at or within one metre of each entrance to each of his or her premises, other than a premises used for the distribution of electrical and electronic equipment, a notice complying with the requirements specified in Part 3 of Schedule 6.

• (2) A plan in accordance with the provisions of sub-regulation (1) (a) shall contain at least the information set out in Part 1 of Schedule 12.

• (3) A producer or authorised representative shall, not later than the date on which it shall be required to supply to the registration body information on how it continues to meet its environmental responsibilities in that year—

• (a) have prepared a report specifying the steps taken by the said producer or authorised representative in order to comply with the requirements of these Regulations in the relevant period, and the results of those steps, and

• (b) fix and maintain, in a conspicuous position at or within one metre of each entrance to each of his or her premises, other than a premises used for the distribution of electrical and electronic equipment, a notice complying with the requirements specified in Part 4 of Schedule 6.

• (4) A report in accordance with the provisions of sub-regulation (3) (a) shall contain at least the information set out in Part 2 of Schedule 12.

• (5) A producer or authorised representative shall at least once every three years, and, not later than the date on which it shall be required to supply to the registration body information on how it continues to meet its environmental responsibilities in that year, have prepared a new plan in accordance with the provisions of sub-regulation (1)(a).

• (6) A producer or authorised representative shall on the date on which–

• (a) application for registration is made in accordance with the provisions of regulation 11(1), or

• (b) it shall be required to supply to the registration body information on how it continues to ensure the environmentally sound management of waste electrical and electronic equipment in accordance with regulations 16 and, or, 18 in that year—

submit to the Agency for its approval a copy of a plan or report prepared for the purpose of this regulation in a format specified by the Agency.

• (7) An administration fee determined by the Agency shall accompany a copy of a plan or report submitted to it in accordance with the provisions of sub-regulation (6).

• (8) A copy of a plan or report prepared for the purpose of this regulation shall be made available, free of charge, by the producer concerned to any person who so requests within 10 working days of the date of receipt of the request.

• (9) For the purpose of this regulation, “made available” includes sending the plan or report, as the case may be, by post, fax or electronic mail to a person who so requests.

Obligation of producers or authorised representatives to provide information to recovery facilities

• (a) preparation for re-use and treatment information,

• (b) information on the different electrical and electronic components, and materials, and

• (c) information on the location of hazardous substances and mixtures,

in each type of electrical and electronic equipment he or she placed on the market as far as it is needed by those recovery facilities.

Format of information to be provided to recovery facilities

Obligation of producers to provide information to users of electrical and electronic equipment

• (a) shall ensure that he or she or a third party acting on his or her behalf marks indelibly, visibly and legibly each item of electrical and electronic equipment he or she places on the market with the symbol shown in Schedule 13 in order to demonstrate it has been placed on the market since 13 August 2005 and that it should not be disposed of as unsorted municipal waste but segregated for separate collection, and

• (b) shall ensure when supplying a new product, that users are informed of—

• (i) the requirement not to dispose of waste electrical and electronic equipment as unsorted municipal waste and to have such waste electrical and electronic equipment collected separately,

• (ii) their role in contributing to re-use, recycling and other forms of recovery of waste electrical and electronic equipment,

• (iii) the return and collection systems available to them,

• (iv) the potential effects on the environment and human health as a result of the presence of hazardous substances in electrical and electronic equipment, and

• (v) the meaning of the symbol shown in Schedule 13.

• (2) Where due to the size or the function of the electrical and electronic equipment, it is not possible to comply with the provisions of sub-regulation (1) (a), then the symbol shall be printed on—

• (a) the packaging,

• (b) the instructions for use,

• (c) the warranty of the product, or

• (d) a flag or tag permanently attached to any power lead, cable, cord or strap that is permanently connected to said equipment.

Obligation of producers or authorised representatives to provide information to the Registration Body

• (a) declare, the quantities, by weight or, as appropriate, by number of units, of electrical and electronic equipment for private households and electrical and electronic equipment for users other than private households in each of the categories specified in Schedule 1 and from 15 August 2018 by type of equipment as specified in Schedule 3, he or she placed on the market in the State, to the registration body, or where any or all of the functions of the registration body have been devolved to a third party in accordance with the provisions of regulation 8(3), to the third party concerned—

• (i) by 31 January of each year in respect of the previous calendar year ending 31 December or, at reporting intervals as required by the registration body,

• (ii) on request within a specified period or by a specified date, in respect of any specified period or, as appropriate,

• (b) submit the vouched details, including copy invoices, of the cost incurred, from 13 August 2005 onwards, by him or her for the environmentally sound management of waste electrical and electronic equipment arising from private households, and electrical and electronic equipment for users other than private households to the registration body, or where any or all of the functions of the registration body have been devolved to a third party in accordance with the provisions of regulation 8(3), to the third party concerned.

Obligation of distributors to provide information to users of electrical and electronic equipment

• (2) The obligation of sub-regulation (1) will be deemed to have been met if the information is provided in the instructions for use or, as appropriate, leaflets issued at the point of sale.

• (3) Notwithstanding sub-regulation (1), each distributor of electrical and electronic equipment for private households shall fix and maintain, in a conspicuous position within one metre of the point of sale or, as appropriate, display of electrical and electronic equipment a notice complying with the requirements specified in Part 2 of Schedule 6.

• (4) The obligation of sub-regulation (3) will be deemed to have been met if a distributor of electrical and electronic equipment and batteries or, as appropriate, accumulators, fixes and maintains in a conspicuous position within one metre of the point of sale or, as appropriate display of electrical and electronic equipment and batteries or, as appropriate, accumulators a notice complying with the requirements specified in Part 5 of Schedule 6.

• (5) Notwithstanding sub-regulation (1), any person advertising household electrical and electronic equipment will be required, in any advertisement, to include the following text;

“Waste Electrical and Electronic Equipment (WEEE) must never be placed in any of your household wheelie bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. Local authority civic amenity facilities also take back WEEE free of charge. WEEE recycling is free.”

• (6) The obligation of sub-regulation (5) will only be deemed to have been met if the information is clearly visible and understandable and is printed proportionately in text where each letter is at least 2mm in height.

• (7) Notwithstanding sub-regulations (5) and (6), any person advertising household electrical and electronic equipment and batteries may for the purposes of fulfilling the obligation in sub-regulation (5) and the obligation in article 33(3) of the Waste Management (Batteries and Accumulators) Regulations 2008 ( S.I. No. 268 of 2008 ), in any advertisement, include the following text;

“Waste Electrical and Electronic Equipment (WEEE) and waste batteries must never be placed in any of your household wheelie bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis.There is a container for small waste batteries in your local store. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge. WEEE and waste battery recycling is free”

provided the information is clearly visible and understandable and is printed proportionately in text where each letter is at least 2mm in height.

PART IV APPROVED BODIES

Exemption from certain requirements

• (a) private households shall be exempt from the requirements of regulations 16, 17, 20, 22, 23, 24 and 25 of these Regulations, or, as appropriate,

• (b) users other than private households, shall be exempt from the requirements of regulations 18, 20, 22, 23 and 25,

unless and until such certification is revoked by the approved body concerned or otherwise ceases to have effect/be in force, or approval granted by the Minister to the body concerned is revoked in accordance with the provisions of regulation 34.

Application to the Minister for approval

• (2) An application for approval in accordance with the provisions of sub-regulation (1) shall be made in writing and shall be accompanied by the following—

• (a) a copy of the articles of association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) proposals relating to corporate governance,

• (d) proposals for representation of micro, small and medium enterprises on the board of the approved body together with the names and addresses in the State of the officers of the body corporate and its board of directors,

• (e) a business plan in relation to the proposed scheme,

• (f) proposals for a contingency reserve,

• (g) proposals relating to co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in regulation 31 including proposals in relation to the collection of waste electrical and electronic equipment from collection points together with civic amenity facilities in the appropriate functional areas of all local authorities,

• (h) proposals for a scheme to be undertaken by the body corporate for the environmentally sound management of waste electrical and electronic equipment,

• (i) proposals for the achievement of the targets as laid down in regulation 23 for the environmentally sound management of waste electrical and electronic equipment under the proposed scheme,

• (j) proposals for determining and verifying the level of the environmentally sound management of waste electrical and electronic equipment under the proposed scheme,

• (k) a copy of the rules of membership of the body corporate together with details of the membership fee structure,

• (l) a—

• (i) declaration that no producer applying for membership will be discriminated against on the grounds—

• (a) of the quantity or, as appropriate, type of electrical and electronic equipment that he or she places on the market in the State or, as appropriate,

• (b) that the body concerned is only catering for or will only cater for—

• (A) a maximum pre-determined share of waste arisings from electrical and electronic equipment or, as appropriate,

• (B) waste arising from electrical and electronic equipment from a particular geographical location or locations,

in the State, and

• (ii) list of applications for membership—

• (a) received,

• (b) accepted, and

• (c) rejected together with the grounds for rejection.

• (m) proposals for the certification of producers or for the purposes of regulation 31,

• (n) proposals relating to green procurement including promotion of compliance within their membership in the context of Green Public Procurement,

• (o) proposals relating to the dissemination of information to the public regarding the environmentally sound management of waste electrical and electronic equipment,

• (p) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister,

• (q) proposals relating to the dissemination of information to the public relating to waste prevention, including re-use of EEE and optimising the preparation for re-use of WEEE,

• (r) proposals for determining the level of preparation for re-use,

• (s) proposals for the promotion of waste prevention and optimising the preparation for re-use among producer membership,

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

• (u) declaration that all separately collected waste electrical and electronic equipment shall be treated in accordance with the WEEELABEX normative requirements or any other equivalent EN treatment standards.

Grant or refusal of approval

• (2) Subject to regulation 34, an approval granted by the Minister under this regulation shall be for a period not more than 5 years.

• (3) An approval in accordance with the provisions of sub-regulation (1) may be subject to such conditions as the Minister may specify, including conditions relating to—

• (a) the articles of association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) corporate governance,

• (d) the representation of micro, small and medium enterprises on the board of the approved body and the composition of the board of directors,

• (e) the business plan,

• (f) a contingency reserve,

• (g) co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in regulation 31 including the collection of waste electrical and electronic equipment from collection points together with civic amenity facilities in the appropriate functional areas of all local authorities,

• (h) any aspects of the scheme to be undertaken by the body corporate for the environmentally sound management of waste electrical and electronic equipment,

• (i) the achievement of the targets as laid down in regulation 23 for the environmentally sound management of waste electrical and electronic equipment,

• (j) the determination and verification of the effects of measures to be undertaken with regard to the environmentally sound management of waste electrical and electronic equipment,

• (k) the rules of membership of the body corporate and the membership fee structure,

• (l) non-discrimination against any producer on the grounds—

• (i) of the quantity or, as appropriate, type of electrical and electronic equipment that he or she places on the market in the State or, as appropriate,

• (ii) that the body concerned is only catering for or will only cater for—

• (a) a maximum pre-determined share of waste arising from electrical and electronic equipment or, as appropriate,

• (b) waste arising from electrical and electronic equipment from a particular geographical location or locations,

in the State,

• (m) the certification of producers or authorised representatives for the purpose of regulation 31,

• (n) green procurement,

• (o) measures to be undertaken by the body concerned relating to the dissemination of information to the public regarding the environmentally sound management of waste electrical and electronic equipment,

• (p) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister,

• (q) quantities and categories of WEEE to be accessed from collection points by approved preparing for re-use of WEEE organisations

• (r) any other matters the Minister may consider appropriate.

• (4) Without prejudice to sub-regulation (3), in the event that an approved body—

• (a) has its approval revoked in accordance with the provisions of regulation 34,

• (b) goes into liquidation, examination or, receivership or,

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 201 of the Companies Acts 1963 to 2009,

the contingency reserve provided for in sub-regulation (3)(f), shall not be used by any person or persons, including the liquidator, examiner, receiver or, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producers participating in the approved body concerned as laid down in these Regulations.

• (5) 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.

Review and revocation of approval

• (a) new targets for the environmentally sound management of waste electrical and electronic equipment need to be met,

• (b) it is necessary to ensure equitable distribution of producer responsibility obligations, or

• (c) for some other reason it is necessary in the interests of the environmentally sound management of waste electrical and electronic equipment,

he or she may review an approval granted in accordance with the provisions of regulation 33, or require the approved body to make a new application in accordance with the provisions of regulation 32 for a renewal of an approval.

• (2) Where the Minister proposes to review an approval granted in accordance with the provisions of regulation 33, or require the making of a new application in accordance with the provisions of regulation 32, the Minister shall—

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

• (b) specify a period of not less than four weeks within which the approved body may make a submission to the Minister in relation to a review, or make a new application in accordance with the provisions of regulation 32, as the case may be, and

• (c) consider any submission, or application so made.

• (3) Following the consideration of any submission or application 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, or grant a new approval in accordance with the provisions of regulation 33, as the case may be.

• (4) Where an approval granted in accordance with the provisions of regulation 33 is due to expire, the approved body concerned shall—

• (a) 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 an approved body, and

• (b) if intending to continue to operate as an approved body, shall not later than four months before the expiry of the approval, make an application to the Minister in accordance with the provisions of regulation 32.

• (5) Subject to sub- regulation (6), where it appears to the Minister that an approved body is not complying with conditions attached to such approval, or that relevant targets for the environmentally sound management of waste electrical and electronic equipment have not been or are not being met, the Minister may review or, as appropriate, revoke an approval granted in accordance regulation 33.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of regulation 33, the Minister shall—

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

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

• (c) consider any submission so made.

Use of logo adopted by an approved body

• (a) at any premises or, as appropriate,

• (b) on or in, any—

• (i) vehicle,

• (ii) product,

• (iii) packaging,

• (iv) advertisement or, as appropriate,

• (v) notice,

any logo or other mark or symbol designed and adopted by that approved body for use by producers or, as appropriate, distributors certified by that approved body for the purposes of regulation 31.

Notifications to local authorities and the Registration Body and provision of information to the Agency and the Central Statistics Office

• (a) not later than the 7th day of each month, notify—

• (i) each local authority of any producer or authorised representative situated within the functional area of the authority,

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

• (iii) the Agency

of any producer or authorised representative in respect of which a certificate for the purposes of regulation 31 has been granted or revoked within the preceding calendar month, and

• (b) furnish such information, in such form and at such frequency as may be specified by the Agency or the Central Statistics Office, in relation to activities carried out by producers or authorised representatives or recovery operators contracted by that body, for the purposes of complying with these Regulations.

PART V OFFENCES & FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES

Enforcement

• (2) The Agency shall cooperate with the competent authorities in other Member States and with the Commission to establish an adequate flow of information to ensure the proper implementation of the Directive.

• (3) The Agency shall be responsible for the enforcement of the provisions of regulations 8, 9, 10, 11, 12, 13, 14(8), 16, 18(1), 18(2) 19, 23, 24, 25, 26, 27, 28, 29, 31, 35, 36, and 43 of these Regulations within the State and shall take such steps as are necessary for this purpose.

• (4) Each local authority shall be responsible for the enforcement of the provisions of regulations 17, 30, 40 and 41 of these Regulations within their functional areas and shall take such steps as are necessary for this purpose.

• (5) The Agency or, as appropriate, the relevant local authority, shall be responsible for the enforcement of the provisions of regulations 14(1), 14(3), 14(4), 14(5), 14(6), 14(9), 15, 20, 21, 22 and 42 within the State and shall take such steps as are necessary for this purpose.

• (6) In carrying out its functions under these Regulations, the Agency or a local authority shall have the power to do any of the following:

• (a) require the producer or authorised representative or distributor concerned, by the service of a notice in writing, to furnish in writing to the Agency or a local authority, as the case may be, for the purpose of determining compliance with these Regulations, within such period (being not less than 14 days after the date of the service of the notice) and, if appropriate, thereafter at such frequency as may be specified in the notice, such records and documents including, but not exclusively, invoices, credit notes, dispatch or, as appropriate, delivery dockets as may be so specified;

• (b) direct a producer or authorised representative concerned, by the service of a notice in writing, to cease placing electrical and electronic equipment on the market in the State, within such period (being not less than 14 days after the date of the service of the notice), where the producer or authorised representative concerned is not in possession of a valid Certificate of Registration in accordance with Regulation 12;

• (c) direct a distributor, by the service of a notice in writing, to cease distributing electrical and electronic equipment, within such period (being not less than 14 days after the date of the service of the notice), where the electrical and electronic equipment has been supplied to the distributor concerned by a producer or authorised representative who is not in possession of a valid Certificate of Registration in accordance with Regulation 12;

• (d) serve a notice in writing on any person for any purpose relating to his or her obligations under these Regulations.

• (7) Information obtained under sub-regulation 5 by—

• (a) a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or the Agency so requests, be furnished to the Minister or the Agency or,

• (b) the Agency, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or an appropriate local authority so requests, be furnished to the Minister or the appropriate local authority,

as the case may be.

• (8) Any notice required to be served or given by or under these Regulations shall be addressed to the person concerned and served or given in one of the following ways—

• (a) by addressing it to the person by name and delivering it to him or her,

• (b) by leaving it at the address at which the person ordinarily resides,

• (c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides,

• (d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, or

• (e) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.

• (9) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under these Regulations may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.

• (10) For the purposes of this Regulation, a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

• (11) A person shall not at any time during the period of 3 months after a notice is affixed under paragraph (8)(e) remove, damage or deface the notice without lawful authority.

Powers of an authorised person

• (a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose, and

• (b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.

• (2) Subject to sub- regulation (7), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has given to the occupier of the dwelling not less than 24 hours’ notice in writing of his or her intended entry.

• (3) Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the certificate furnished to him or her under section 14(3) of the Act of 1996.

• (4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to this Regulation, the authorised person may therein, as appropriate—

• (a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,

• (b) make such copies of documents and records (including records in electronic form) found therein and take such samples,

• (c) carry out such surveys, take such levels, make such excavations and carry out such examinations of depth and nature of subsoil,

• (d) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,

• (e) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,

• (f) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

• (g) as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her, by or under these Regulations

(5)(a) An authorised person who, having entered any premises or boarded any vehicle, pursuant to this Regulation, considers that waste thereon or therein is such, or is being handled or transported in such manner, as to constitute a risk of environmental pollution, may direct the holder of such waste to take such measures as are considered by that authorised person to be necessary to remove that risk, including, the disposal of the waste, in such manner and place and within such period as the authorised person may specify.

• (b) If a holder of waste fails to comply with a direction of an authorised person under this paragraph, the authorised person may do all things as are necessary to ensure that the direction is carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the holder of the waste by him or her, or the person by whom he or she was appointed, as a simple contract debt in any court of competent jurisdiction.

• (6) Any person who—

• (a) refuses to allow an authorised person to enter any premises or board any vehicle or to take any person or equipment with him or her in the exercise of his or her powers under these Regulations,

• (b) obstructs or impedes an authorised person in the exercise of his or her powers under these Regulations,

• (c) gives either to an authorised person, a relevant local authority or the Agency, information which to his or her knowledge is false or misleading in a material respect, or

• (d) fails or refuses to comply with any requirement of this Regulation or of an authorised person,

shall be guilty of an offence.

(7)(a) Where an authorised person in the exercise of his or her powers under this regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this paragraph authorising the entry by the authorised person into the premises.

• (b) If on application being made to him or her under this paragraph, a Judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in sub- regulation (4) or (5).

• (8) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this regulation, request a member of the Garda Síochána to assist him or her in the exercise of such a power.

• (9) An authorised person may enter on land for the purpose of assessing the suitability of the land for waste disposal; such an entry shall be subject to the relevant provisions of section 252 (other than subsection (7)) of the Planning and Development Act 2000 (No. 30 of 2000) as if it were an entry made under that section.

Offences

• (2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence on account of contravention or failure to comply with regulations of these Regulations may be commenced—

• (a) at any time within 24 months from the date on which the offence was committed, or

• (b) at any time within 24 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such persons knowledge,

whichever is the later: provided that no such proceedings shall be initiated later than 2 years from the date on which the offence concerned was committed.

• (3) Without prejudice to sub- regulation (2), a certificate signed by or on behalf of the person initiating the proceedings for an offence on account of contravention or failure to comply with regulations of these Regulations as to the date on which evidence relating to the offence came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

• (4) Any person who—

• (a) contravenes or fails to comply with a provision, or provisions, of these Regulations, or

• (b) provides information which is false or to his or her knowledge misleading in a material way, or

• (c) obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations

shall be guilty of an offence.

• (5) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of a person, being a director, manager, secretary or other officer of that body, or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (6) A person guilty of an offence under—

• (a) regulation 10, 13, 15, 29, or 30 of these Regulations is liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both.

• (b) any other regulation of these Regulations is liable

• (i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (ii) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.

• (7) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under a regulation of these Regulations, prosecuted by the Prosecutor, it shall, on the application of the Prosecutor (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency or local authority concerned.

• (8) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Prosecutor, the costs and expenses, measured by the court, incurred by the Agency or the local authority concerned in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers engaged by the Agency or, as appropriate, the appropriate local authority.

Registration of Distributors

• (2) Each local authority shall be required to provide for the maintenance of the register, and the inspection of each premises registered therein.

• (3) Each local authority shall issue certificates of WEEE Retailer Registration to distributors within its functional area who register each premises from which he or she, distributes electrical and electronic equipment or, as appropriate, uses for the storage of electrical and electronic equipment prior to its distribution.

• (4) A distributor shall, in respect of each premises from which he or she, distributes electrical and electronic equipment or, as appropriate, uses for the storage of electrical and electronic equipment prior to its distribution—

• (a) apply for registration, not later than the date of commencement of business, and

• (b) apply for renewal of such registration, not later than 31 January in each year following initial registration, subject only that a distributor or, as appropriate, a producer or authorised representative shall not be required to make such application within six months of initial registration, to the local authority in the functional area in which each premises at which he or she stores waste electrical and electronic equipment, accepted for return by him or her in accordance with the provisions of regulation 14(1)(b)(i), is situated.

• (c) display the certificate of WEEE Retailer Registration in each premises from which he or she, distributes electrical and electronic equipment or, as appropriate, uses for the storage of electrical and electronic equipment prior to its distribution.

• (5) An application for registration, or renewal of registration, in accordance with the provisions of sub- regulation (4) shall be made in writing, shall contain at least the information set out in Schedule 14 and shall be accompanied by a—

• (a) declaration from the applicant that transport and storage of waste electrical and electronic equipment shall be in accordance with the—

• (i) technical requirements as set out in Schedule 8, Part 1,

• (ii) provisions of—

• (a) sections 34(1) and 39(1) of the Act of 1996 or, as appropriate,

• (b) regulations 41 and 42, and

• (b) fee of €200.

• (6) The Minister may from time to time review and make an order, amending sub-regulation (5) by substituting for the amount standing specified in that sub-regulation for the time being a greater amount.

• (7) Without prejudice to sub-regulation (1), an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part IV of these Regulations shall, subject to sub- regulation (8) maintain a register for the purposes of this regulation.

• (8) An approval in accordance with the provisions of sub- regulation (7) shall be subject to such conditions as the Minister may specify, including but not exclusively—

• (a) the period of approval,

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

• (c) revocation of approval, and

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

• (9) 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.

• (10) Any association or body corporate representing distributors or approved body established in accordance with the provisions of Part IV of these Regulations that is approved in accordance with the provisions of sub- regulation (8)—

• (a) will be responsible for the effective carrying out of its functions, including issuing certificates of WEEE Retailer Registration to distributors who register each premises from which he or she, distributes electrical and electronic equipment or, as appropriate, uses for the storage of electrical and electronic equipment prior to its distribution,

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

• (11) Subject to sub- regulation (12), where it appears to the Minister that an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part IV of these Regulations that is approved in accordance with the provisions of sub- regulation (8) is not complying with conditions attached to such approval, he or she may revoke the approval.

• (12) Where the Minister proposes to revoke an approval granted in accordance with the provisions of sub- regulation (8), the Minister shall—

• (a) give notice in writing to the association or body corporate or the approved body established in accordance with the provisions of Part IV of these Regulations concerned of the proposed decision and the reasons therefore,

• (b) specify a period of not less than four weeks within which the association or body corporate or the approved body established in accordance with the provisions of Part IV of these Regulations concerned may make a submission to the Minister in relation to the proposed decision, and

• (c) consider any submission so made.

• (13) Once an approval in accordance with the provisions of sub-regulation (8)—

• (a) is revoked by the Minister, or

• (b) expires,

the association or body corporate or approved body established in accordance with the provisions of Part IV of these Regulations concerned shall immediately transfer to each appropriate local authority, all records, documentation and data in written and in electronic form, relating to the register provided for in sub- regulation (7), including the requisite software and programmes.

• (14) A distributor shall fulfil the obligation in sub- regulation (4) if he or she applies, to an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part IV of these Regulations that is approved in accordance with the provisions of sub- regulation (8), for the registration of each premises from which he or she, distributes electrical and electronic equipment or, as appropriate, uses for the storage of electrical and electronic equipment prior to their distribution.

• (15) Any distributor who registers each premises from which he or she, distributes electrical and electronic equipment or, as appropriate, uses for the storage of electrical and electronic equipment prior to their distribution in accordance with the provisions of sub- regulation (14) shall be deemed to have fulfilled the obligations provided for in sub- regulations (4) and (5).

• (16) Without prejudice to sub-regulations (4) and (5), where a third party premises is used for the storage of electrical and electronic equipment prior to distribution and the storage of waste electrical and electronic equipment taken back, the distributor registration applies only to the distributor concerned and not to the third party.

PART VI MISCELLANEOUS

Non-application of section 34(1)(a) of the Act

• (a) distributor, registered in accordance with the provisions of regulation 40—

• (i) taking back waste electrical and electronic equipment from private households or, as appropriate,

• (ii) depositing waste electrical and electronic equipment from private households at a collection point,

that is managed in accordance with the provisions of regulation 15, or

• (b) person or persons, acting on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number provided that the activity is confined to the transport of waste electrical and electronic equipment other than waste electrical and electronic equipment listed in category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations

provided that the waste electrical and electronic equipment is transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), other than a vehicle designed for the carriage of a skip or other demountable container.

• (2) the exemptions provided for in sub- regulation (1) shall not apply—

• (a) to contaminated waste electrical and electronic equipment that presents a health and safety risk,

• (b) unless transport of the waste electrical and electronic equipment is to an authorised facility where it will be managed in accordance with the technical requirements as set out in Schedule 8,

• (c) unless the waste electrical and electronic equipment will be prepared for re-use or eventually treated at an authorised facility in accordance with the technical requirements as set out in Schedule 9.

• (d) to the collection and transport of waste electrical and electronic equipment where-

• (i) such transport is not incidental to the main business activity of the person concerned, and or

• (ii) the quantity of waste electrical and electronic equipment transported by the person concerned exceeds 2 tonnes.

Non-application of section 39(1) of the Act

• (a) where electrical and electronic equipment is distributed, or a facility used by a distributor for the storage of electrical and electronic equipment prior to its distribution, and where the quantities of waste electrical and electronic equipment being stored at any one time does not exceed—

(i)45 cubic metres of household waste electrical and electronic equipment, other than waste specified in paragraphs (ii) and (iii),

(ii)1,000 units of waste electrical and electronic equipment listed in category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations or,

(iii)25 kgs of mobile phones.

provided it is managed in accordance with the provisions of regulation 15, and that such a place is registered and inspected in accordance with the provisions of regulation 40, or

• (b) owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number and where the quantities being stored at any one time does not exceed—

(i)90 cubic metres of household waste electrical and electronic equipment other than waste electrical and electronic equipment listed in category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations and waste specified in paragraph (ii),

(ii)50 kgs of mobile phones,

• (2) The exemptions provided for in sub-regulation (1) shall not apply—

• (a) to contaminated waste electrical and electronic equipment that presents a health and safety risk,

• (b) unless storage of the waste electrical and electronic equipment is in accordance with the technical requirements as set out in Schedule 8,

• (c) unless the waste electrical and electronic equipment will be prepared for re-use or eventually treated at an authorised facility in accordance with the technical requirements as set out in Schedule 9.