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

Type Statutory Instrument

Publication 2014-03-28

Last updated 2025-09-16

State In force superseded text

Text As published

Source Irish Statute Book

articles 44

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2025-09-16, S.I. No. 427/2025 - European Union (Waste Electrical and Electronic Equipment) (Amendment…

Reform history JSON API

(3) Waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles, may be accepted and stored at a collection point pending onward transport to an authorised facility, or a temporary facility established with the approval of, or designated by, the appropriate local authority, to which members of the public have access for the deposit of waste electrical and electronic equipment from private households, where—

(a) the quantities of waste electrical and electronic equipment being stored at any one time do not exceed—

(i)540 cubic metres of waste electrical and electronic equipment from private households, other than waste specified in paragraphs (ii) and (iii).

(ii)12,000 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, as appropriate,

(iii)300 kgs of mobile phones, and

(b) the waste electrical and electronic equipment shall be stored for a period not exceeding 30 days.

(4) Sub-regulation 3 shall only apply where—

(a) the restrictions imposed on the sources, maximum quantities and duration of storage of waste electrical and electronic equipment from private households are not exceeded at any time, and a—

(i) licensed or, as appropriate, authorised facility has notified the Agency or, as appropriate, the relevant local authority of its intentions to accept waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles and has received written approval from the Agency or, as appropriate, the relevant local authority to this request, or

(ii) registration certificate has been granted under sub- regulation 5 by the Agency or, as appropriate, the relevant local authority in relation to the reception of waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles at the facility, and

(b) the activity is being carried on in accordance with the technical requirements specified in Schedule 8 and the rules specified in—

(i) Part I of the Fourth Schedule 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, and

(ii) Schedule 15 of these Regulations

and complies with the general requirements laid down in Article 10 of Directive 2008/98/EC.

(5)(a) A person may accept and store waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i), at a collection point through deliveries by commercial vehicles pending onward transport to an authorised facility, where a registration certificate has been granted in lieu of a waste permit in relation to the carrying on of the said activity at that facility.

(b) The Agency or, as appropriate, a local authority may, on application being made to it in accordance with these Regulations, grant a registration certificate (with or without conditions) or refuse to grant such a certificate, in relation to the carrying on at a facility of the said activity.

(i) in the case of an activity carried on by, or on behalf of, a local authority, to the Agency,

(ii) in the case of an activity carried on by a person other than a local authority, to a local authority in whose functional area the relevant facility is located.

(d) An application for a registration certificate must be made in writing and shall contain the information specified in Schedule 16, where appropriate.

(e) A fee of €300 shall accompany an application for a registration certificate.

(f) A local authority or, as appropriate, the Agency shall decide on an application for a registration certificate within four weeks from the date of submission of a valid application.

(g) Notwithstanding paragraph (f), where an applicant demonstrates that he or she has applied for a registration certificate to the Agency or, as appropriate, the relevant local authority in respect of a collection point prior to 13 February 2006, such a collection point shall, in the period before a registration certificate is granted or refused, be deemed to be registered in accordance with the terms of paragraph (a).

Product Design

43.

(1) Each producer shall—

(a) be prohibited from preventing waste electrical and electronic equipment from being prepared for re-use through specific design features or manufacturing processes, unless such specific design features or manufacturing processes present overriding advantages with sustainable environmental practices or, as appropriate, health and safety requirements, and

(b) ensure that eco-design requirements facilitating the preparation for re-use and treatment of WEEE established in the framework of Directive 2009/125/EC are applied,

(c) ensure that the design and production of electrical and electronic equipment, takes into account and facilitates the dismantling and recovery, in particular the re-use and recycling of waste electrical and electronic equipment, together with all the components and materials contained therein.

(2) Without prejudice to sub-regulation (1), the Minister from time to time may issue guidance concerning the design of and production of electrical and electronic equipment.

Preparation for re-use of waste electrical and electronic equipment

44.

Where appropriate each final user, distributor, local authority, approved body, producer or authorised representative and authorised facility in possession of waste electrical and electronic equipment shall give priority to preparing for re-use of WEEE and its components, sub- assemblies and consumables.

Commencement

45.

These Regulations shall come into operation on the day after the date on which notice of their making is published in Iris Oifigiúl.

Revocation

46.

(1) The European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 ( S.I. No. 355 of 2011 ) as amended by the European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 ( S.I. No. 397 of 2011 ) and the European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2013 ( S.I. No. 32 of 2013 ) are revoked with effect from the date specified in regulation 45.

(2) This does not affect liability under the European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 ( S.I. No. 355 of 2011 ) as amended by the European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 ( S.I. No. 397 of 2011 ) and the European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2013 ( S.I. No. 32 of 2013 ) for any offences committed before the date specified in regulation 45.

(3) References to the European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 ( S.I. No. 355 of 2011 ) as amended by the European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 ( S.I. No. 397 of 2011 ) and the European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2013 ( S.I. No. 32 of 2013 ) in any Act or instrument made under such Act shall be construed as references to these Regulations

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

Large household appliances

Small household appliances

IT and telecommunications equipment

Consumer equipment and photovoltaic panels

Lighting equipment

Electrical and electronic tools (with the exception of large-scale stationary industrial tools)

Toys, leisure and sports equipment

Medical devices (with the exception of all implanted and infected products)

Monitoring and control instruments

10.

Automatic dispensers

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

Large household appliances

Large cooling appliances,

Refrigerators,

Freezers,

Other large appliances used for refrigeration, conservation and storage of food,

Washing machines,

Clothes dryers,

Dish washing machines,

Cooking Equipment,

Electric stoves,

Electric hot plates,

Microwaves,

Other large appliances used for cooking and other processing of food,

Electric heating appliances,

Electric radiators,

Other large appliances for heating rooms, beds, seating furniture,

Electric fans,

Air conditioner appliances,

Other fanning, exhaust ventilation and conditioning equipment.

Small household appliances

Vacuum cleaners,

Carpet sweepers,

Other appliances for cleaning,

Appliances used for sewing, knitting, weaving and other processing for textiles,

Irons and other appliances for ironing, mangling and other care of clothing,

Toasters,

Fryers,

Grinders, coffee machines, other small appliances used for cooking and other processing of food and equipment for opening or sealing containers or packages,

Electric knives,

Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care appliances,

Clocks, watches and equipment for the purpose of measuring, indicating or registering time,

Scales.

IT and telecommunications equipment

Centralised data processing:

Mainframes,

Minicomputers,

Printer units,

Personal computing:

Personal computers (CPU, mouse, screen and keyboard included),

Laptop computers (CPU, mouse, screen and keyboard included),

Notebook computers,

Notepad computers,

Printers,

Copying equipment,

Electrical and electronic typewriters,

Pocket and desk calculators and other products and equipment for the collection, storage, processing, presentation or communication of information by electronic means,

User terminals and systems,

Facsimile machine,

Telex,

Telephones,

Pay telephones,

Cordless telephones,

Cellular telephones,

Answering systems and other products or equipment of transmitting sound, images or other information by telecommunications.

Consumer equipment and Photovoltaic panels

Radio sets,

Television sets,

Video cameras,

Video recorders,

Hi-fi recorders,

Audio amplifiers,

Musical instruments and other products or equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image than by telecommunications,

Photovoltaic panels.

Lighting equipment

Luminaires for fluorescent lamps with the exception of luminaires in households,

Straight fluorescent lamps,

Compact fluorescent lamps,

High intensity discharge lamps, including pressure sodium lamps and metal halide lamps,

Low pressure sodium lamps,

Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs.

Electrical and electronic tools (with the exception of large-scale stationary industrial tools)

Drills,

Saws,

Sewing machines,

Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials,

Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses,

Tools for welding, soldering or similar uses,

Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means,

Tools for mowing or other gardening activities.

Toys, leisure and sports equipment

Electric trains or car racing sets,

Hand-held video game consoles,

Video games,

Computers for biking, diving, running, rowing, etc.,

Sports equipment with electric or electronic components,

Coin slot machines.

Medical devices (with the exception of all implanted and infected products)

Radiotherapy equipment,

Cardiology equipment,

Dialysis equipment,

Pulmonary ventilators,

Nuclear medicine equipment,

Laboratory equipment for in-vitro diagnosis,

Analysers,

Freezers,

Fertilization tests,

Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability.

Monitoring and control instruments

Smoke detector,

Heating regulators,

Thermostats,

Measuring, weighing or adjusting appliances for household or as laboratory equipment,

Other monitoring and control instruments used in industrial installations (e.g.in control panels).

10.

Automatic dispensers

Automatic dispensers for hot drinks,

Automatic dispensers for hot or cold bottles or cans,

Automatic dispensers for solid products,

Automatic dispensers for money,

All appliances which deliver automatically all kinds of products.

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

Temperature exchange equipment

Screens, monitors and equipment containing screens having a surface greater than 100 cm2

Lamps

Large equipment (any external dimension more than 50cm) including, but not limited to:

Household appliances,

IT and telecommunication equipment,

Consumer equipment,

Luminaires,

Equipment reproducing sound or images,

Musical equipment,

Electrical and electronic tools,

Leisure and sports equipment,

Medical devices,

Monitoring and control instruments,

Automatic dispensers,

Equipment for the generation of electric currents.

This category does not include equipment included in categories 1 to 3.

Small equipment (no external dimension more than 50 cm) including, but not limited to:

Household appliances,

Consumer equipment,

Luminaires,

Equipment reproducing sound or images,

Musical equipment,

Electrical and electronic tools,

Toys, leisure and sports equipment,

Medical devices,

Monitoring and control instruments,

Automatic dispensers,

Equipment for the generation of electric currents.

This category does not include equipment included in categories 1 to 3 and 6.

Small IT and telecommunication equipment (no external dimension more than 50 cm).

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

Temperature exchange equipment

Refrigerators,

Freezers, Equipment which automatically delivers cold products,

Air conditioning equipment,

Dehumidifying equipment,

Heat pumps,

Radiators containing oil and other temperature exchange equipment using fluids other than water for the temperature exchange.

Screens, monitors and equipment containing screens having a surface greater than 100 cm2

Screens,

Televisions,

LCD photo frames,

Monitors,

Laptops,

Notebooks.

Lamps

Straight fluorescent lamps,

Compact fluorescent lamps,

Fluorescent lamps,

High intensity discharge lamps- including pressure sodium lamps and metal halide lamps,

Low pressure sodium lamps,

LED.

Large equipment

Washing machines,

Clothes dryers,

Dish washing machines,

Cookers,

Electric stoves,

Electric hot plates,

Luminaires,

Equipment reproducing sound or images,

Musical equipment (excluding pipe organs installed in churches),

Appliances for knitting and weaving,

Large computer-mainframes,

Large printing machines,

Copying equipment,

Large coin slot machines,

Large medical devices,

Large monitoring and control instruments,

Large appliances which automatically deliver products and money,

Photovoltaic panels.

Small equipment

Vacuum cleaners,

Carpet sweepers,

Appliances for sewing,

Luminaires,

Microwaves,

Ventilation equipment,

Irons,

Toasters,

Electric kettles,

Clocks and watches,

Electric shavers,

Scales,

Appliances for hair and body care,

Calculators,

Radio sets,

Video cameras,

Video recorders, Hi-fi equipment,

Musical instruments,

Equipment reproducing sound or images,

Electrical and electronic toys,

Sports equipment,

Computers for biking, diving, running, rowing, etc.

Smoke detectors,

Heating regulators,

Thermostats,

Small electrical and electronic tools,

Small medical devices,

Small Monitoring and control instruments,

Small appliances which automatically deliver products,

Small equipment with integrated photovoltaic panels.

Small IT and telecommunication equipment (no external dimension more than 50 cm)

Mobile phones,

GPS,

Pocket calculators,

Routers

Personal computers,

Printers,

Telephones.

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

Part 1 Information to be provided for the purpose of registration.

Name and address of the producer or authorised representative (postal code and location, street name and number, country, telephone and fax number, e-mail and contact person). In the case of an authorised representative, the contact details of the producer that is represented must also be supplied.

National identification code of the producer, including European tax number or national tax number of the producer.

Category of EEE set out in Schedule 1 or 3 as appropriate.

Type of EEE (household or other than household equipment).

Brand name of EEE.

Information on how the producer meets its responsibilities: individual or collective scheme, including information on financial guarantee.

Selling technique used (e.g. distance selling).

Declaration stating that the information provided is true.

Part 2 Information to be submitted for reporting

National identification code of the producer.

Reporting period.

Category of EEE set out in Schedule 1 or 3, as appropriate.

Quantity of EEE placed on the national market, by weight.

Quantity, by weight of EEE separately collected, recycled (including prepared for re-use), recovered and disposed of within the State or shipped within or outside the Union.

Note: information set out in points 4 and 5 must be given by category.

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

Part 1 Requirements regarding a notice in accordance with the provisions of regulation 14(6).

A notice for the purpose of regulation 14(6) shall—

(a) be not less in dimension than 42 centimetres in height and 29.7 centimetres in width or 29.7 centimetres in height and 42 centimetres in width,

(b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a yellow background and affixed, on a durable material, so as to be easily visible and legible,

“WASTE MANAGEMENT ACT 1996

[Name of distributor] participates in a scheme operated by [Name of undertaking approved by local authority] which has been approved by [Name of local authority] for the collection of waste electrical and electronic equipment. [Name of undertaking approved by local authority] accepts waste electrical and electronic equipment at [address of premises accepting waste electrical and electronic equipment]. [Name of distributor] is therefore not required to accept waste electrical and electronic equipment on these premises. ”

Part 2 Requirements regarding a notice in accordance with the provisions of regulation 30(3).

A notice for the purpose of regulation 30(3) shall—

(a) be not less in dimension than 29.7 centimetres in height and 21 centimetres in width or 21 centimetres in height and 29.7 centimetres in width,

(b) be so printed in bold type in black indelible ink with a times new roman font size of at least 24 or equivalent and line space of at least 1.25 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(d) bear the following wording—

“FREE RECYCLING

WASTE MANAGEMENT ACT 1996

Waste Electrical and Electronic Equipment (WEEE) is taken back free of charge in this store on a one-for-one, like-for-like basis.

Each local authority must also accept household WEEE free of charge at its recycling facilities.

All WEEE must be recycled and should not be placed in any of your household wheelie bins.

Make sure you always recycle all your old electrical goods.”

Part 3 Requirements regarding a notice in accordance with the provisions of regulation 25(1).

A notice for the purpose of regulation 25(1) shall—

(a) be not less in dimension than 42 centimetres in height and 29.7 centimetres in width or 29.7 centimetres in height and 42 centimetres in width,

(b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(d) state the following—

“WASTE MANAGEMENT ACT 1996

As a self-complying producer of EEE, we undertake to finance the management of WEEE arising unless an alternative arrangement has been agreed at the time of purchase. For more information on the provisions made for the management of WEEE, please contact our offices. If your old equipment was bought prior to 2005 and you are replacing the equipment with new equipment supplied by us, we will take back your old equipment free of charge and dispose of it in an environmentally sound manner. ”

(e) be affixed until the preparation of a subsequent report in accordance with the provisions of regulation 25(3).

Part 4 Requirements regarding a notice in accordance with the provisions of regulation 25(3).

A notice for the purpose of regulation 25(3) shall—

(a) be not less in dimension than 42 centimetres in height and 29.7 centimetres in width or 29.7 centimetres in height and 42 centimetres in width,

(b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(d) state the following—

“WASTE MANAGEMENT ACT 1996

A report specifying the steps taken by [name of producer] for the purpose of recovering waste electrical and electronic equipment is available at these premises and, if so requested, will be sent by post, fax or electronic mail. ”

Part 5 Requirements regarding a notice in accordance with the provisions of regulation 30(4).

A notice for the purpose of regulation 30(4) shall—

(a) be not less in dimension than 29.7 centimetres in height and 21 centimetres in width or 21 centimetres in height and 29.7 centimetres in width,

(b) be so printed in bold type black indelible ink with a times new roman font size of at least 20 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

(d) bear the following wording—

“FREE RECYCLING

WASTE MANAGEMENT ACT 1996

Waste Electrical and Electronic Equipment (WEEE) is taken back free of charge in this store on a one-for-one, like-for-like basis. Waste batteries including rechargeable batteries are taken back free of charge in this store. You are not obliged to make any purchase when returning old batteries here. Each local authority must also accept household WEEE and small batteries free of charge at its recycling facilities. All WEEE and waste batteries must be recycled and should not be placed in any of your household wheelie bins. Make sure you always recycle all your old electrical goods and batteries.”

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

The full costs of the environmentally sound management of waste electrical and electronic equipment shall be calculated,

(a) where the EURIBOR is recorded as a numeral,

C = Current substantiated costs of the environmentally sound management of waste electrical and electronic equipment on date electrical and electronic equipment is placed on the market.

R = One month EURIBOR rate to three decimal places plus 5.000.

A = Amount to be lodged to a blocked bank account on date electrical and electronic equipment is placed on the market.

as follows:

A = C X (1 + R36000) 360 X Number of Years*

The number of years must not be less than the projected average life of the electrical and electronic equipment concerned.

(b) where the EURIBOR is recorded as a percentage,

C = Current substantiated costs of the environmentally sound management of waste electrical and electronic equipment on date electrical and electronic equipment is placed on the market.

R = One month EURIBOR rate to three decimal places plus 5%.

A = Amount to be lodged to a blocked bank account on date electrical and electronic equipment is placed on the market.

as follows:

A = C X (1 + R%360) 360 X Number of Years*

The number of years must not be less than the projected average life of the electrical and electronic equipment concerned.

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

Sites for storage (including temporary storage) of WEEE prior to its treatment (without prejudice to the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste: impermeable surfaces for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers,

— weatherproof covering for appropriate areas.

Sites for treatment of WEEE:

— scales to measure the weight of the treated waste,

— impermeable surfaces and waterproof covering for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers,

— appropriate storage for disassembled spare parts,

— appropriate containers for storage of batteries, PCBs/PCTs containing capacitors and other hazardous waste such as radioactive waste,

— equipment for the treatment of water in compliance with health and environmental regulations.

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

As a minimum the following substances, mixtures and components have to be removed from any separately collected WEEE: polychlorinated biphenyls (PCB) containing capacitors in accordance with Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

— mercury containing components, such as switches or backlighting lamps,

— batteries,

— printed circuit boards of mobile phones generally, and of other devices if the surface of the printed circuit board is greater than 10 square centimetres,

— toner cartridges, liquid and paste, as well as colour toner,

— plastic containing brominated flame retardants,

— asbestos waste and components which contain asbestos,

— cathode ray tubes,

— chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons (HC),

— gas discharge lamps,

— liquid crystal displays (together with their casing where appropriate) of a surface greater than 100 square centimetres and all those back-lighted with gas discharge lamps,

— external electric cables,

— components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress for the 23rd time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

— components containing radioactive substances with the exception of components that are below the exemption thresholds set in Article 3 of and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation

— electrolyte capacitors containing substances of concern (height > 25 mm, diameter > 25 mm or proportionately similar volume).

These substances, mixtures and components shall be disposed of or recovered in compliance with Directive 2008/98/EC.

The following components of WEEE that is separately collected have to be treated as indicated: cathode ray tubes: the fluorescent coating has to be removed,

— equipment containing gases that are ozone depleting or have a global warming potential (GWP) above 15, such as those contained in foams and refrigeration circuits: the gases must be properly extracted and properly treated. Ozone-depleting gases must be treated in accordance with Regulation (EC) No 1005/2009,

— gas discharge lamps: the mercury shall be removed.

Taking into account environmental considerations and the desirability of preparation for re-use and recycling, points 1 and 2 shall be applied in such a way that environmentally-sound preparation for re-use and recycling of components or whole appliances is not hindered.

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

Part 1: Minimum targets applicable by category from 13 August 2012 until 14 August 2015 with reference to the categories listed in Schedule I:

(a) for WEEE falling within category 1 or 10 of Schedule 1,

— 80 % shall be recovered, and

— 75 % shall be recycled;

(b) for WEEE falling within category 3 or 4 of Schedule 1,

— 75 % shall be recovered, and

— 65 % shall be recycled;

— 70 % shall be recovered, and

— 50 % shall be recycled;

(d) for gas discharge lamps, 80 % shall be recycled.

Part 2: Minimum targets applicable by category from 15 August 2015 until 14 August 2018 with reference to the categories listed in Schedule 1:

(a) for WEEE falling within category 1 or 10 of Schedule 1,

— 85 % shall be recovered, and

— 80 % shall be prepared for re-use and recycled;

(b) for WEEE falling within category 3 or 4 of Schedule 1,

— 80 % shall be recovered, and

— 70 % shall be prepared for re-use and recycled;

— 75 % shall be recovered, and

— 55 % shall be prepared for re-use and recycled;

(d) for gas discharge lamps, 80 % shall be recycled.

Part 3: Minimum targets applicable by category from 15 August 2018 with reference to the categories listed in Schedule 3:

(a) for WEEE falling within category 1 or 4 of Schedule 3,

— 85 % shall be recovered, and

— 80 % shall be prepared for re-use and recycled;

(b) for WEEE falling within category 2 of Schedule 3,

— 80 % shall be recovered, and

— 70 % shall be prepared for re-use and recycled;

— 75 % shall be recovered, and

— 55 % shall be prepared for re-use and recycled;

(d) for WEEE falling within category 3 of Schedule 3, 80 % shall be recycled.

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

In order to distinguish between EEE and WEEE, where the holder of the object claims that he or she intends to ship or is shipping used EEE and not WEEE, the holder shall have available for inspection the following to substantiate this claim:

(a) a copy of the invoice and contract relating to the sale and/or transfer of ownership of the EEE which states that the equipment is destined for direct re-use and that it is fully functional;

(b) evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of functionality) on every item within the consignment and a protocol containing all record information according to point 3;

(c) a declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste as defined by Article 3(1) of Directive 2008/98/EC; and

(d) appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load.

By way of derogation, point 1(a) and (b) and point 3 do not apply where it is documented by conclusive proof that the shipment is taking place in the framework of a business-to-business transfer agreement and that:

(a) the EEE is sent back to the producer or a third party acting on his or her behalf as defective for repair under warranty with the intention of re-use; or

(b) the used EEE for professional use is sent to the producer or a third party acting on his or her behalf or a third-party facility in countries to which Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations applies, for refurbishment or repair under a valid contract with the intention of re-use; or

(c) the defective used EEE for professional use, such as medical devices or their parts, is sent to the producer or a third party acting on his or her behalf for root cause analysis under a valid contract, in cases where such an analysis can only be conducted by the producer or third parties acting on his or her behalf.

In order to demonstrate that the items being shipped constitute used EEE rather than WEEE, holders shall ensure the following steps for testing and record keeping for used EEE to be carried out:

Step 1: Testing

(a) Functionality shall be tested and the presence of hazardous substances shall be evaluated. The tests to be conducted depend on the kind of EEE. For most of the used EEE a functionality test of the key functions is sufficient.

(b) Results of evaluation and testing shall be recorded.

Step 2: Record

(a) The record shall be fixed securely but not permanently on either the EEE itself (if not packed) or on the packaging so it can be read without unpacking the equipment.

(b) The record shall contain the following information:

(i) name of item (name of the equipment if listed in Schedule 2 or Schedule 4, as appropriate, and category set out in Schedule 1 or Schedule 3, as appropriate),

(ii) identification number of the item (type No) where applicable,

(iii) year of production (if available),

(iv) name and address of the company responsible for evidence of functionality,

(v) result of tests as described in step 1 (including date of the functionality test),

(vi) kind of tests performed.

In addition to the documentation requested in points 1, 2 and 3, every load (e.g. shipping container, lorry) of used EEE shall be accompanied by:

(a) a relevant transport document, e.g. CMR or waybill;

(b) a declaration by the liable person on its responsibility.

In the absence of proof that an object is used EEE and not WEEE through the appropriate documentation required in points 1, 2, 3 and 4 and of appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load, which are the obligations of the holder who arranges the transport, the National Transfrontier Shipment Office shall consider that an item is WEEE and presume that the load comprises an illegal shipment. In these circumstances the load will be dealt with in accordance with Articles 24 and 25 of Regulation (EC) No 1013/2006.

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

Part 1 Information to be provided in a plan in accordance with the provisions of regulation 25(1).

Name, address(es), telephone, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Persons Telephone No.:

Contact Persons Fax No.:

Contact Persons E-mail:

The location(s) of premises at which electrical and electronic equipment is produced by the producer.

The projected weight of electrical and electronic equipment that will be placed on the market in the State in the relevant period in each of the categories specified in Schedule 1 or Schedule 3 as appropriate.

The projected weight of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by the producer in the relevant period in each of the categories specified in Schedule 1 or Schedule 3 as appropriate.

The names, addresses and permit numbers of proposed authorised waste collectors or, as appropriate, recovery operators to be used for the collection, treatment and recycling of waste electrical and electronic equipment during the relevant period for the purposes of regulations 20 and 21.

The weight of waste electrical and electronic equipment

(a) prepared for re-use by and on behalf of the producer,

(b) recycled by and on behalf of the producer,

(i) in the State, and

(ii) outside the State

in the relevant period, in each of the categories specified in the Schedule 1 or Schedule 3, and any other information that the Agency may specify which is necessary for national reporting obligations.

The projected weight of waste electrical and electronic equipment that will be disposed of or consigned for disposal by the producer in each of the categories specified in Schedule 1 or Schedule 3 as appropriate during the relevant period, and the proposed nature of the disposal operations involved.

Name(s) and address(es) of owner(s).

Part 2 Information to be provided in a report in accordance with the provisions of regulation 25(3).

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Persons Telephone No.:

Contact Persons Fax No.:

Contact Persons E-mail:

The location(s) of premises at which electrical and electronic equipment is produced by the producer.

The weight of electrical and electronic equipment placed on the market in the State in the relevant period in each of the categories specified in Schedule 1 or Schedule 3 as appropriate.

The weight of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market in the State by the producer in the relevant period in each of the categories specified in Schedule 1 or Schedule 3 as appropriate.

The names, addresses and permit numbers of authorised waste collectors or, as appropriate, recovery operators used for the collection, treatment and recycling of waste electrical and electronic equipment during the relevant period for the purposes of regulations 20 and 21.

The weight of waste electrical and electronic equipment—

(a) recovered by or on behalf of the producer, and

(b) accepted by recovery operators,—

(i) in the State, and

(ii) outside the Stare

in the relevant period, in each of the categories specified in Schedule 1 or Schedule 3 as appropriate.

The weight of waste electrical and electronic equipment disposed of or consigned for disposal by the producer in each of the categories specified in Schedule 1 or Schedule 3

(a) in the State, and

(b) outside the State

during the relevant period, and the nature of the disposal operations involved.

Name(s) and address(es) of owner(s).

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

The symbol—

(a) demonstrating that electrical and electronic equipment has been placed on the market since 13 August 2005, and

(b) indicating that electrical and electronic equipment should not be disposed of as unsorted municipal waste, but segregated for separate collection,

consists of the crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and indelibly and conform to the European Standard EN 50419.

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

Information to be provided for the purpose of registration.

Name, address(es), telephone, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the distributor.

Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Location(s) of premises at or from which waste electrical and electronic equipment is or will be stored.

Declaration that the maintenance of records specified in regulation 15 (1)(b) shall be adhered to.

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

(a) The register prescribed in paragraph 15 of Part I of the Fourth Schedule of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), which shall also be available on request or, as appropriate, for inspection by the local authority or, as appropriate, the Agency, shall also detail—

(i) The dates, time of collections and quantities of each waste consignment (by European Waste Catalogue code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent amendments) collected from the facility,

(ii) Names of the carriers, including vehicle registration details, in respect of waste collected from the facility, and

(iii) Origin of waste rejected from the facility.

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

An application for a registration certificate shall—

give the name, address and, where applicable, any telephone number and telefax number of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office,

give the location or postal address of the facility to which the application relates,

describe the nature of the facility concerned,

specify the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act,

specify the quantity of waste (in tonnes) and nature of the waste or wastes, which will be recovered or disposed of, as the case may be.

specify the code according to the European Waste List (Decision 2001/118) or subsequent amendments,

identify monitoring and sampling points and indicates proposed arrangements for the monitoring of emissions and the environmental consequences of any such emissions,

describe any proposed arrangements for the off-site treatment or disposal of wastes,

describe the existing or proposed measures, including emergency procedures, to prevent unauthorised or unexpected emissions and minimise the impact on the environment of any such emissions,

10.

describe the expected lifetime of the facility or activity

11.

planning permission number (if applicable),

12.

details of any proposed on-site traffic management system and the control procedures to be adopted to ensure the orderly movement of vehicles without creation of unreasonable nuisance and without detriment to the environment.

GIVEN under my Official Seal,

24 March 2014.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations replace the European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 ( S.I. No. 355 of 2011 ) as amended by the as amended by the European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 ( S.I. No. 397 of 2011 ) and the European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2013 ( S.I. No. 32 of 2013 ).

The purpose of these Regulations is to contribute to sustainable production and consumption by the prevention of waste electrical and electronic equipment (WEEE) and, in addition, by the re-use, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste. They also seek to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment.

They will facilitate in particular the achievement of the targets for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner established by Directive 2012/19/EU on waste electrical and electronic equipment.

The Regulations impose obligations on persons who supply electrical and electronic equipment to the Irish market, whether as retailers, importers or manufacturers. An exemption from these obligations is available to persons who participate in a scheme for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner operated by an approved body established in accordance with the provisions of Part IV of these Regulations.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

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