Recycling
Waster Management Act
F228[PART VA
Recovery of End-of-Life Vehicles
]
Annotations
Amendments:
F228
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.
Annotations
Editorial Notes:
E501
This part is inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004, following s. 53A. This is despite the fact that s. 54 remains in Part V. Part VA and s. 53B therefore appear after s. 54 in this revision.
F229[
Interpretation and supplemental (Part VA).
53B.—(1) In this Part—
“Act of 1952” means the Finance (Excise Duties) (Vehicles) Act 1952;
“Act of 1992” means the Finance Act 1992;
“appropriate treatment and recovery”, in relation to a vehicle, means the treatment and recovery of the vehicle in accordance with the requirements of section 39;
“authorised recovery facility” means a facility at which the appropriate treatment and recovery of vehicles may take place;
“Directive” means the European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles;
“end-of-life vehicle” means a specified vehicle which is discarded or is to be discarded by its registered owner as waste;
“mechanically propelled vehicle” has the same meaning as it has in Chapter IV of Part II of the Act of 1992;
“producer”, in relation to a vehicle, means the person who imports into, or manufactures in, the State the vehicle;
“registered”, in relation to a vehicle, shall be construed in accordance with section 131 of the Act of 1992;
“registered owner” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) as amended for the time being, but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may be for the time being in force;
“specified vehicle” means—
(a) a category A vehicle or a category B vehicle within the meaning of Chapter IV of Part II of the Act of 1992, other than such a vehicle that falls within a class of vehicle specified in regulations under subsection (2) as being a class of vehicle excepted from this definition, and
(b) a vehicle that falls within a class of vehicle specified in regulations under subsection (2) as being a class of vehicle included in this definition.
(2) The Minister may make regulations specifying a class of mechanically propelled vehicle to be a class of vehicle excepted from, or included in, the definition of “specified vehicle” in this section (and such specification shall be made only where the Minister considers it necessary or expedient to do so in consequence of a Community act).]
Annotations
Amendments:
F229
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.
Editorial Notes:
E502
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E503
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
F230[
Producer responsibility for free treatment and recovery of end-of-life vehicles.
53C.—(1) The Minister may make regulations imposing the obligation specified in subsection (2) with effect from—
(a) the commencement of section 43 of the Protection of the Environment Act 2003 where the vehicle mentioned in that subsection is a vehicle registered on or after 1 July 2002,
(b) 1 January 2007 where the vehicle mentioned in that subsection is a vehicle registered before, on or after 1 July 2002.
(2) The obligation mentioned in subsection (1) is an obligation on the producer of the vehicle concerned to ensure that the registered owner of an end-of-life vehicle can deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery without (subject to section 53D(4)) any cost being incurred by the owner in respect of such deposit, treatment or recovery.
(3) Regulations under this section may provide for—
(a) the making of arrangements by producers of specified vehicles for the purpose of ensuring that the foregoing obligations of each of them under the regulations are fulfilled,
(b) the provision by producers of the financial resources (the “resources”) necessary to ensure that those foregoing obligations are fulfilled,
(c) the following matters in relation to the provision of the resources—
(i) the conferral of powers on a specified person or persons (who or each of whom is referred to in this section as a “collection authority”) with respect to securing and recovering the resources,
(ii) requiring the making of a declaration to a collection authority by a producer and specifying the particulars to be included in such a declaration,
(iii) the time at which an amount of resources shall be made available by a producer and the form and manner in which they shall be made available,
(iv) requiring specified records to be kept by specified persons in respect of matters connected with the making available of the resources and specifying the form of such records,
(v) enabling the making available of resources by specified producers to be deferred in specified circumstances,
(vi) requiring specified records and accounts to be kept by a collection authority in respect of resources made available or to be made available to it,
(vii) enabling the refund of resources made available by specified producers to be made to them,
(viii) enabling a collection authority to enter into arrangements with one or more specified persons whereby that person or those persons remit to the collection authority amounts by way of financial resources within a specified period of time after liability in respect of the making available of those amounts arises,
(ix) providing for the payment into the Environment Fund by a collection authority of amounts received by it by way of resources (subject to the deduction from such amounts of any amounts specified as being capable of being deducted therefrom for the purpose of defraying expenses incurred by it in securing or recovering the resources),
(d) the exemption of a person from all or any of the requirements of regulations under this section who is certified by an association or body corporate that is formed or established for the purpose of the carrying on of relevant activities, that is to say, ensuring that end-of-life vehicles can be deposited by their registered owners for the purpose of their being the subject of appropriate treatment and recovery in accordance with subsection (2), and is approved by the Minister in accordance with regulations under paragraph (a), to be either—
(i) a member or shareholder of that association or body corporate, as the case may be, or
(ii) participating, in a satisfactory manner, in a scheme for the carrying on of the relevant activities referred to in this paragraph or complying with any requirements specified by that association or body corporate, as the case may be, in relation to the carrying on of those activities,
(e)(i) the granting by the Minister of approvals for the purpose of regulations under paragraph (d) and the conditions which he or she may attach to such approvals, including conditions relating to—
(I) the financial and administrative arrangements to be made by the association or body corporate concerned,
(II) the relevant activities referred to in paragraph (d) to be carried on by the association or body corporate concerned and the manner in which they are to be carried on,
(III) targets to be achieved by the association or body corporate concerned with respect to the carrying on of those activities by it,
(ii) enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,
(iii) the means by which an association or body corporate shall determine, for the purpose of regulations under paragraph (d), whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,
(iv) the grant and revocation by an association or body corporate of a certificate for the purpose of regulations under paragraph (d) and the notifications to be given by it in respect of such a grant or revocation to the person concerned and other specified persons,
(f) the exemption of a producer from all or any of the requirements of regulations under this section (being a producer who is not otherwise so exempted by virtue of regulations under paragraph (d)) where he or she shows to the satisfaction of the Minister or another person specified for this purpose that he or she has put arrangements in place to ensure that each end-of-life vehicle produced by him or her can be deposited by the registered owner thereof for the purpose of its being the subject of appropriate treatment and recovery in accordance with subsection (2),
(g) any matters consequential on, or incidental to, the foregoing.
(4) A person who fails to comply with a provision of regulations under this section shall be guilty of an offence.]
Annotations
Amendments:
F230
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.
Editorial Notes:
E504
Offence under subs. (4) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E505
Offence under subs. (4) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E506
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E507
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
F231[
Requirement to deposit mechanically propelled vehicle for recovery, etc.
53D.—(1) In this section—
“essential components of a vehicle” means the engine and coachwork of a vehicle;
“national vehicle records” means the records established and maintained under section 60 of the Finance Act 1993.
(2) Where the registered owner of a mechanically propelled vehicle decides to discard the vehicle as waste he or she shall deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery.
(3) Subject to subsection (4), that deposit, treatment and recovery shall, if the vehicle is a specified vehicle, occur without any cost being incurred by the registered owner.
(4) The Minister may make regulations providing that—
(a) subsection (3) shall not apply where the specified vehicle to be deposited—
(i) does not contain the essential components or other specified components of a vehicle,
(ii) contains waste which has been added to the vehicle, or
(iii) was not the subject of a licence taken out under section 1 of the Act of 1952 or, as the case may be, section 21(3) of the Finance (No. 2) Act 1992 for such period or periods as may be specified preceding the deposit,
(b) subsection (3), in so far as it provides that the deposit of the specified vehicle shall occur without any cost being incurred by the registered owner, shall not apply unless specified conditions are complied with.
(5) Subject to any regulations under this section, the operator of an authorised treatment facility shall—
(a) issue, in relation to the vehicle, a certificate (in this section referred to as a “certificate of destruction”) to the registered owner on the deposit by him or her of a mechanically propelled vehicle at the facility for appropriate treatment and recovery,
(b) notify, in such form as the Minister may determine, the Minister of the fact of that certificate having been issued and of such particulars contained in it as the Minister may determine (and the form that is so determined may be a form that is not legible if it is capable of being converted into a legible form).
(6) The Minister shall note on the national vehicle records such of the particulars contained in certificates of destruction as he or she considers appropriate and which have been notified to him or her under subsection (5)(b).
(7) The operator of an authorised treatment facility shall not transfer a mechanically propelled vehicle which has been deposited with him or her in accordance with subsection (2) to any other person save for the purpose of its being the subject of appropriate treatment and recovery at another authorised treatment facility.
(8) A mechanically propelled vehicle in respect of which a certificate of destruction has been issued shall not be subsequently—
(a) registered,
(b) licensed under section 1 of the Act of 1952 or section 21(3) of the Finance (No. 2) Act 1992,
(c) used in a public place, or
(d) exported.]
Annotations
Amendments:
F231
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.
Editorial Notes:
E508
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E509
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
F232[
Regulations for purposes of section 53D, etc.
53E.—(1) The Minister may make—
(a) regulations for the purposes of section 53D, and
(b) regulations providing for such supplementary, consequential or incidental provisions as the Minister considers necessary or expedient for the purpose of giving full effect to the provisions of the Directive to which that section relates.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to all or any of the following matters—
(a) requiring specified documentation, information and particulars to be submitted by the registered owner of a mechanically propelled vehicle on the occasion of the vehicle being deposited at an authorised treatment facility pursuant to section 53D(2),
(b) requiring specified documentation, information and particulars to be submitted by the operator of an authorised treatment facility to specified persons on the occasion of a mechanically propelled vehicle being deposited at that facility pursuant to section 53D(2),
(c) requiring specified documentation, information and particulars to be submitted by the operator of an authorised treatment facility to specified persons on the occasion of a mechanically propelled vehicle’s appropriate treatment and recovery at that facility being completed,
(d) specifying the period within which a mechanically propelled vehicle deposited at an authorised treatment facility pursuant to section 53D(2) must undergo appropriate treatment and recovery,
(e) the form of a certificate of destruction,
(f) the keeping and preservation of records and information relating to certificates of destruction issued by operators of authorised treatment facilities,
(g) the recognition in the State of certificates of destruction (being certificates issued under the laws of another Member State of the European Union implementing the Directive) in respect of mechanically propelled vehicles registered in the State,
(h) specifying the persons to whom specified information and particulars derived from national vehicle records may be provided,
(i) any matters consequential on, or incidental to, the foregoing.]
Annotations
Amendments:
F232
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.
Editorial Notes:
E510
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).
E511
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.
E512
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E513
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
F233[
Offences for failure to comply with section 53D, etc.
53F.—A person who fails to comply with—
(a) subsection (2), (3), (5), (7) or (8) of section 53D, or
(b) a provision of regulations under section 53E,
shall be guilty of an offence.]
Annotations
Amendments:
F233
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.
Editorial Notes:
E514
Offence under section prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E515
Offence under section prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E516
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E517
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
F234[PART VB
Waste Electrical and Electronic Equipment
]
Annotations
Amendments:
F234
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
F235[Interpretation (Part VB)
53G.—In this Part save where the context otherwise requires—
“civic amenity facility” means a purpose-designed facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste electrical and electronic equipment arising from private households;
“collection point” means —
(i) a civic amenity facility, or
(ii) other facility for the receipt, storage or recovery of waste electrical and electronic equipment
subject to such a facility being appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act, or other such facilities as may be prescribed in Regulations;
“dangerous substance or preparation” means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC2 or, as appropriate, Directive 1999/45/EC of the European Parliament and of the Council3;
“distance communication” is as defined in Article 2(4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts4 or, as appropriate, means sales and marketing services by electronic communication, voice telephony services, including telesales and telemarketing or non-electronic direct marketing services, including mail order;
“distributor” means any person who provides electrical and electronic equipment on a commercial basis to the party who is going to use it;
“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA of European Parliament and Council Directive 2002/96/EC on waste electrical and electronic equipment and designed for use with a voltage rating not exceeding 1,000 volt for alternating current and 1,500 volt for direct current;
“environmental management costs” means the costs of the environmentally sound management of waste electrical and electronic equipment from private households arising from electrical and electronic equipment placed on the market prior to 13 August 2005;
“environmentally sound management of waste electrical and electronic equipment” means the collection, storage, treatment and recovery or, as appropriate, disposal of waste electrical and electronic equipment in an environmentally sound manner;
“final user” means any person who discards electrical and electronic equipment, for which they have no further use or, as appropriate, who intends to or is required to discard it, but shall not include any person who on behalf of or as a service to any other person—
(a) buys, sells or arranges for the purchase, sale or transfer of waste from one person to another, or
(b) arranges for the collection, recovery or disposal of waste;
“finance agreement” means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place;
“producer” means any person who, irrespective of the selling technique used, including by means of distance communication—
(a) manufactures and sells electrical and electronic equipment under his or her own brand,
(b) resells electrical and electronic equipment produced by other suppliers under his or her own brand,
(c) imports electrical and electronic equipment on a professional basis into the State,
(d) exports electrical and electronic equipment on a professional basis from the State to another Member State of the European Union, or
(e) distributes electrical and electronic equipment from a producer who is deemed not to be registered under the provisions of regulations made in accordance with section 53J;
with the exception of a person or persons exclusively engaged in the provision of financing under or pursuant to any finance agreement unless also acting as a producer within the meaning of subparagraphs (a) to (e);
“recovery” means any of the applicable operations provided for in Annex IIB to Council Directive 75/442/EEC of 15 July 1975 on waste1;
“recycling” means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding energy recovery which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of the heat;
“reuse” means any operation by which waste electrical and electronic equipment or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers;
“RoHS Directive” means European Parliament and Council Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment;
“treatment” means any activity after the waste electrical and electronic equipment has been handed over to a facility for de-pollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery or, as appropriate, the disposal of the waste electrical and electronic equipment;
“waste electrical and electronic equipment” means electrical and electronic equipment, which is waste within the meaning of article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, including all components, subassemblies and consumables which are part of the product at the time of discarding;
“waste electrical and electronic equipment from private households” means waste electrical and electronic equipment which comes from private households, and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;
“WEEE Directive” means European Parliament and Council Directive 2002/96/EC of 27 January 2003 on waste electrical and electronic equipment and shall be read in accordance with European Parliament and Council Directive 2003/108/EC of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment.]
Annotations
Amendments:
F235
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
Editorial Notes:
E518
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E519
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
1 O.J. No. L194/39, 25 July, 1975
2 O.J. No. L 196/1, 16 August, 1967
3 O.J. No. L 200/1, 30 July, 1999
4 O.J. No. L 144/19, 04 June, 1997
F236[
Regulations for purposes of promoting, supporting or facilitating the prevention, minimisation, or restriction of hazardous substances in waste
53H.—(1) The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations—
(a) prohibiting, or restricting the use of specified hazardous substances, in any electrical and electronic equipment, including electric light bulbs and luminaires placed on the market,
(b) imposing the obligation specified in subsection (2), and
(c) providing for the removal of electrical and electronic equipment containing specified hazardous substances from the market.
(2) The obligation mentioned in subsection (1) is an obligation on a producer with effect from a date specified in regulations, or in an order made by the Minister, to—
(a) take into account and facilitate the dismantling and recovery and, in particular, the reuse and recycling of waste electrical and electronic equipment, including materials and components contained therein, in the design and production of electrical and electronic equipment,
(b) encourage waste electrical and electronic equipment, including materials and components contained therein, to be reused through specific design features or manufacturing processes, unless such specific design features or manufacturing processes present overriding advantages with regard to the protection of the environment or, as appropriate, safety requirements, and
(c) ensure that electrical and electronic equipment, including materials and components contained therein, placed on the market does not contain substances specified in regulations under this section.
(3) The provisions of subsection (2) shall also apply to distributors or producers, as appropriate, operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.
(4) A person who fails to comply with a provision of regulations under this section, shall be guilty of an offence.]
Annotations
Amendments:
F236
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
Editorial Notes:
E520
Offence under subs. (4) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E521
Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.
E522
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005); revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), reg. 35(1), in effect as per reg. 34; subject to transitional provision and construed as per reg. 35(2) and (3).
F237[
Distributor and producer responsibility for the take back, treatment and recovery of waste electrical and electronic equipment
53I.—(1) The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations —
(a) imposing the obligation specified in subsection (2); and
(b) providing that subsection 2(a) may not apply where the waste electrical and electronic equipment contains waste other than that deriving from electrical and electronic equipment.
(2) The obligation mentioned in subsection (1) is an obligation, with effect from a date to be specified in regulations, or in an order made by the Minister, on—
(a) a distributor to take back from the final user on a one-for-one basis at least free of charge waste electrical and electronic equipment from private households that is replaced by equipment of equivalent type or has fulfilled the same functions as the supplied electrical and electronic equipment, other than contaminated waste electrical and electronic equipment that presents a health and safety risk, unless such contamination is on account of a distributor’s liability under the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980);
(b) a producer to finance the environmentally sound management of—
(i) waste electrical and electronic equipment arising from private households deposited at a collection point in respect of electrical and electronic equipment which that producer originally—
(I) places on the market on or after 13 August 2005, and
(II) placed on the market prior to 13 August 2005 in proportion to that producer’s respective share of the market by type of equipment when the respective costs occur,
(ii) waste electrical and electronic equipment from users other than private households in respect of electrical and electronic equipment which—
(I) that producer places on the market on or after 13 August 2005, and
(II) was placed on the market prior to 13 August 2005, and that producer replaces with new products of equivalent type or new products fulfilling the same function,
(c) a final user to finance the environmentally sound management of waste electrical and electronic equipment other than from private households, that is not being replaced with new products of equivalent type or new products fulfilling the same function.
(3) The provisions of subsection (2) shall also apply to distributors or producers, as appropriate, operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.
(4) Regulations under this section may provide for—
(a) the making of arrangements by distributors or producers, separately or in combination, for the purpose of ensuring that the obligations of each of them under the regulations are fulfilled,
(b) the provision by distributors or producers, as appropriate, of the financial resources (the “resources”) necessary to ensure that those foregoing obligations are fulfilled,
(c) the following matters in relation to the provision of the resources—
(i) the conferral of powers on a specified person or persons for the purpose of operating a scheme to provide for the environmentally sound disposal of waste electrical and electronic equipment (here and after is referred to in this section as an “approved body”) with respect to securing and recovering the resources,
(ii) requiring the submission of information by a distributor or producer, as appropriate, as may be prescribed in regulations made under this section to the approved body,
(iii) the time at which an amount of resources shall be made available by a distributor or producer, as appropriate, and the form and manner in which they shall be made available,
(iv) requiring specified records to be kept by specified persons in respect of matters connected with the making available of the resources and specifying the form of such records,
(v) enabling the making available of resources by specified distributors or producers, as appropriate, to be deferred in specified circumstances,
(vi) requiring specified records and accounts to be kept by an approved body in respect of the resources made available to it or to be made available to it,
(vii) enabling the refund of resources made available by specified distributors or producers, as appropriate, to be made to them,
(viii) enabling an approved body to enter into arrangements with a producer or, as appropriate, a distributor whereby that producer or, as appropriate, that distributor remits to the approved body amounts by way of financial resources within a specified period of time after liability in respect of the making available of those amounts arises,
(d) the exemption of a person or persons from all or any of the requirements of regulations under this section who is certified by an approved body to be either—
(i) a member or shareholder of that approved body, as the case may be, or
(ii) participating in a satisfactory manner, in a scheme for the carrying on of the relevant activities referred to in this paragraph or complying with any requirements specified by that approved body.
(e)(i) the granting by the Minister of approvals for the purpose of regulations under paragraph (d) and the conditions which he or she may attach to such approvals, including conditions relating to—
(I) the financial and administrative arrangements to be made by the approved body concerned,
(II) the relevant activities referred to in paragraph (d) to be carried out by an approved body and the manner in which they are to be carried out,
(III) targets to be achieved by the approved body concerned with respect to the carrying on of those activities by it,
(ii) enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,
(iii) the means by which an approved body shall determine, for the purpose of regulations under paragraph (d), whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,
(iv) the grant and revocation by an approved body of a certificate for the purpose of regulations under paragraph (d) and the notifications to be given by it in respect of such grant or revocation to the person concerned and other specified persons,
(f) the exemption of a distributor or producer, as appropriate, from all or any of the requirements of regulations under this section (being a distributor or producer, as appropriate, who is not otherwise exempted by virtue of regulations under paragraph (d)) where he or she shows to the satisfaction of the Minister or another person specified for this purpose that he or she has put arrangements in place to ensure that the take back of each item of waste electrical and electronic equipment can be deposited by the final user thereof for the purpose of its being deposited at a collection point or, as appropriate, at a civic amenity facility or for the purposes of the environmentally sound management of that waste electrical and electronic equipment, as appropriate in accordance with subsection (2),
(g) the making of arrangements relating to the display of environmental management costs, for a period of time specified in regulations made under paragraph (d), by a distributor or producer, as appropriate, to the purchasers of electrical and electronic equipment,
(h) any matters consequential on, or incidental to the foregoing.
(5) Nothing in subsection 4(a) shall be construed as authorising distributors or, as appropriate, producers to —
(a) make arrangements which are prohibited by section 4(1) of the Competition Act, 2002 (No. 14 of 2002) or, as appropriate, by Article 81 of the Treaty of Rome, or, as appropriate,
(b) act in a manner prohibited by section 5(1) of the Competition Act 2002 (No. 14 of 2002) or, as appropriate, by Article 82 of the Treaty of Rome.
(6) A person who fails to comply with a provision of regulations made under this section, shall be guilty of an offence.]
Annotations
Amendments:
F237
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
Editorial Notes:
E523
Offence under subs. (6) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E524
Offence under subs. (6) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E525
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E526
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
F238[
Registration
53J.—(1) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may make regulations relating to the granting of an approval by the Minister to any person, association or body corporate (who is referred to in this section as the “registration body”) including himself or herself for the purpose of carrying out of certain registration functions as provided for in regulations made under this Section.
(2) Regulations under this section may provide for—
(a) the requirement of each producer to register with the registration body,
(i) to fulfil his or her obligations under the WEEE Directive, and provide to the registration body specified —
(I) details of a third party who may be authorised to act on his or her behalf in relation to the recovery of waste electrical and electronic equipment,
(II) details of financial guarantees as required under Article 8.2 of the WEEE Directive,
(III) data relating to the quantities of products placed on the market and the form and manner in which the data shall be made available, and
(IV) details of any environmental management costs applied on electrical and electronic equipment.
(ii) to submit evidence verifying his or her compliance with the requirements of the RoHS Directive by providing to the satisfaction of the registration body, as appropriate, all or any information and data pertaining thereof;
(b) the requirement of each producer to satisfy the registration body that he or she or a third party acting on his or her behalf contributes in full to his or her share of the costs of the environmentally sound management of waste electrical and electronic equipment;
(c) the provision by producers of the financial resources (the “fees”) necessary to ensure that those foregoing obligations are fulfilled;
(d) the collection arrangements relating to the fees remitted by producers for the purposes of registering, including—
(i) the conferral of powers on any specified person or persons to collect and recover fees relating to registration,
(ii) the time at which the payment of the registration fees shall be made by producers and the form and manner of such payment, and
(iii) enabling the registration body to enter into arrangements with one or more specified persons whereby that person or those persons remit to the registration body amounts by way of the fees within a specified period of time after liability in respect of the making available of those amounts arises,
(e) empowering the registration body to—
(i) examine the audited accounts of a producer or an approved body, as appropriate, or require a producer to submit to the registration body documentary evidence in order to verify, validate or require a producer to submit documentary evidence of market share;
(ii) take whatever action is deemed appropriate by the registration body to ensure compliance with the RoHS Directive and the WEEE Directive; and
(iii) keep and preserve records and particulars relating to information submitted by a producer or an approved body for the purposes of registration;
(f) enabling the refund of registration fees paid by specified producers to be made to the relevant producers;
(g) the submission of specified documentation, information and particulars to a specified person or, as appropriate, specified persons;
(h) the removal from the register of any producer who does not comply with a provision of regulations under this section;
(i) the granting of a certificate of registration or, as appropriate, a certificate of renewal of registration by the registration body;
(j) the refusal of the registration body to grant a certificate of registration or, as appropriate, a certificate of renewal of registration;
(k) requiring the acceptance of decisions made by the registration body;
(l) enabling the Minister to monitor the activities of the registration body and seek the submission of reports which the Minister may require from time to time; and
(m) any matters consequential on, or incidental to the foregoing.
(3) The provisions of subsection (2) shall also apply to producers operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.
(4) Without prejudice to sub-section (1) where a person or persons, or association, or body corporate undertakes the registration function only one registration body shall be permitted to perform these functions at any one time.
(5) Without prejudice to sub-section (2) where a person or persons, or association, or body corporate undertakes the registration function it may procure any or all of the functions allotted in accordance with regulations under this section.
(6) A person who fails to comply with a provision of regulations under this section, shall be guilty of an offence.]
Annotations
Amendments:
F238
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
Editorial Notes:
E527
Offence under subs. (6) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E528
Offence under subs. (6) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E529
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E530
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
F239[
Obligation to mark electrical and electronic equipment placed on the market
53K.—(1) The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations imposing the obligation specified in subsection (2).
(2) The obligation mentioned in subsection (1) is an obligation on a producer to ensure that each item of electrical and electronic equipment placed on the market with effect from a date or dates to be specified in regulations, or in an order or orders made by the Minister, made under this section, incorporates a mark to—
(a) indicate it should not be disposed of as unsorted municipal waste
(b) identify the producer,
(c) indicate that the electrical and electronic equipment is placed on the market after a specific date, or, as appropriate,
(d) indicate that the electrical and electronic equipment placed on the market after a specific date does not contain specified hazardous substances.
(3) The provisions of subsection (2) shall also apply to producers operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.
(4) Regulations under this section may provide for—
(a) the appropriate application of symbols and marks on—
(i) electrical and electronic equipment, or
(ii) the packaging, the instructions for use and the warranty of the equipment concerned
(b) any matters consequential on, or incidental to, the foregoing.
(5) A person who fails to comply with a provision of regulations under this section, shall be guilty of an offence.]
Annotations
Amendments:
F239
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
Editorial Notes:
E531
Offence under subs. (5) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E532
Offence under subs. (5) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E533
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E534
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
F240[
Obligation to provide information to users of electrical and electronic equipment
53L.—(1)The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations imposing the obligation specified in subsection (2).
(2) The obligation mentioned in subsection (1) is an obligation on a distributor or producer, as appropriate, to ensure that purchasers of electrical and electronic equipment with effect from a date to be specified in regulations, or in an order made by the Minister, are informed of—
(a) the environmental benefits of not disposing of waste electrical and electronic equipment as unsorted municipal waste and of transferring such waste electrical and electronic equipment for appropriate reuse, treatment, recycling and recovery,
(b) the return and collection systems available to them,
(c) their role in contributing to reuse, recycling and other forms of recovery of waste electrical and electronic equipment,
(d) the potential effects on the environment and human health as a result of the presence of hazardous substances in electrical and electronic equipment, and
(e) the meaning of any symbols specified in regulations made under section 53K.
(3) The provisions of subsection (2) shall also apply to distributors or producers, as appropriate, operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.
(4) Regulations under this section may provide for—
(a) specified requirements relating to the provision of information to purchasers of electrical and electronic equipment placed on the market,
(b) any matters consequential on, or incidental to, the foregoing.
(5) A person who fails to comply with a provision of regulations under this section, shall be guilty of an offence.]
Annotations
Amendments:
F240
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
Editorial Notes:
E535
Offence under subs. (5) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E536
Offence under subs. (5) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E537
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E538
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
F241[
Obligation to provide information to recovery facilities
53M.—(1) The Minister may following consultation with the Minister for Enterprise, Trade and Employment, make regulations imposing the obligation specified in subsection (2) with effect from a date specified in the regulations, or in an order made by the Minister.
(2) The obligation mentioned in subsection (1) is an obligation on a producer to ensure that reuse and treatment information, the different components and materials, including the location of dangerous substances and preparations for each type of electrical and electronic equipment placed on the market from the date specified in the regulations, or in the order made by the Minister, is furnished to recovery facilities carrying out the maintenance, upgrade, refurbishment, treatment, recycling and recovery of waste electrical and electronic equipment.
(3) The provisions of subsection (2) shall also apply to producers operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.
(4) Regulations under this section may provide for—
(a) specified requirements relating to the provision of information to recovery facilities carrying out the maintenance, upgrade, refurbishment, treatment recycling and recovery of waste electrical and electronic equipment,
(b) any matters consequential on, or incidental to, the foregoing.
(5) A person who fails to comply with a provision of regulations under this section, shall be guilty of an offence.]
Annotations
Amendments:
F241
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.
Editorial Notes:
E539
Offence under subs. (5) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E540
Offence under subs. (5) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E541
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E542
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
Circular Economy and Miscellaneous Provisions Act 2022
An Act to provide for the making by the Minister for the Environment, Climate and Communications of a circular economy strategy; to provide for the establishment of the Circular Economy Fund; to make provision in relation to the Environment Fund; to provide for the establishment by the Environmental Protection Agency of a circular economy programme; to provide for a levy on certain single-use items; to provide for the prohibition on the supply of certain single-use items; to give further effect to Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 20151 and Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 20192 ; to provide for the making of a national food waste prevention strategy; to make provision for the use by local authorities of closed circuit television and mobile recording devices in certain circumstances and for that purpose to amend the Waste Management Act 1996 and the Litter Pollution Act 1997 ; to provide for the inclusion of targets in respect of re-used and repaired products and materials in waste management plans; to provide for the introduction of a requirement for segregated waste bins and incentivised charging for the commercial sector; to make provision in relation to the operation of the National Waste Collection Permit Office; to provide for a waste recovery levy; to provide for the making by the Minister for the Environment, Climate and Communications of regulations to regulate end-of-waste and by-product notifications to the Environmental Protection Agency; for the purpose of giving further effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 20083 ; for those purposes to amend the Waste Management Act 1996 ; to provide for a prohibition on certain licences relating to coal, lignite and oil shale and for that purpose to amend the Minerals Development Act 1940 and the Minerals Development Act 2017 ; to make provision in respect of applications to the Environmental Protection Agency for licences, reviews of licences or revised licences in circumstances where an order under section 181(2)(a) of the Planning and Development Act 2000 has been made, or is proposed to be made, by a Minister of the Government for development comprising or for the purposes of the activity to which the application relates and for that purpose to amend the Environmental Protection Agency Act 1992 ; to give further effect to Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 20194 and for that purpose to amend the Electricity Regulation Act 1999 ; and to provide for related matters.
[21st July, 2022]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Circular Economy and Miscellaneous Provisions Act 2022.
(2) This Act, other than Part 7 , shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
Definitions
2. In this Act—
“Act of 1996” means the Waste Management Act 1996 ;
“Act of 1997” means the Litter Pollution Act 1997 ;
“Agency” means the Environmental Protection Agency;
“enactment” means—
(a) an Act of the Oireachtas,
(b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or
(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);
“local authority” has the meaning given to it by the Local Government Act 2001 ;
“Minister” means the Minister for the Environment, Climate and Communications;
“prescribed” means prescribed by regulations made by the Minister.
Regulations
3. (1) The Minister may make regulations for the purpose of enabling any provision of this Act to have effect or to provide for any matter referred to in this Act as prescribed or to be prescribed and different regulations under this section may be made in respect of different classes of matter the subject of the prescribing concerned.
(2) Without prejudice to the provisions of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations concerned.
(3) Every regulation made under this Act and every order made under section 8 (3) shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulations or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Expenses
4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.
Repeals and revocations
5. (1) Section 72 of the Act of 1996 is repealed.
(2) Section 74 of the Act of 1996 is repealed.
(3) The following statutory instruments are revoked:
(a) Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 );
(b) Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 ( S.I. No. 605 of 2001 ).
PART 2
Provisions relating to the circular economy
Interpretation (Part 2)
6. In this Part—
“circular economy” means an economic model and the policies and practices which give effect to that model in which—
(a) production and distribution processes in respect of goods, products and materials are designed so as to minimise the consumption of raw materials associated with the production and use of those goods, products and materials,
(b) the delivery of services is designed so as to reduce the consumption of raw materials,
(c) goods, products and materials are kept in use for as long as possible thereby further reducing the consumption of raw materials and impacts harmful to the environment,
(d) the maximum economic value is extracted from goods, products, and materials by the persons using them, and
(e) goods, products and materials are recovered and regenerated at the end of their useful life;
“Circular Economy Fund” means the fund established under section 8 ;
“circular economy programme” has the meaning given to it by section 10 ;
“circular economy strategy” has the meaning given to it by section 7 ;
“climate action plan” has the meaning given to it by section 4 (1)(a) of the Climate Action and Low Carbon Development Act 2015 ;
“environmental levy” has the meaning given to it by section 11 ;
“lightweight plastic bag” means a plastic bag with a wall thickness less than 50 microns but does not include a very lightweight plastic bag;
“material wastage”, in relation to a single-use item or class of single-use items, means the likelihood of the item or class to be discarded and become waste after the primary purpose for which it is used has been fulfilled;
“National Biodiversity Action Plan” means the National Biodiversity Action Plan 2017-2021 published by the Government on 5 October 2017 or any document published by the Government which amends or replaces that plan;
“National Development Plan” means the National Development Plan 2018-2027 published by the Government on 16 February 2018 or any document published by the Government which amends or replaces that plan;
“National Disability Inclusion Strategy” means the National Disability Inclusion Strategy 2017-2021 published by the Government on 14 July 2017 or any document published by the Government which amends or replaces that strategy;
“National Marine Planning Framework” means the National Marine Planning Framework within the meaning of section 69 (6) of the Planning and Development (Amendment) Act 2018 ;
“National Planning Framework” means the National Planning Framework referred to in Chapter IIA of Part II of the Planning and Development Act 2000 ;
“National Policy Statement on the Bioeconomy” means the National Policy Statement on the Bioeconomy published by the Government on 12 March 2018 or any document published by the Government which amends or replaces that statement;
“oxo-degradable plastic” means plastic materials that include additives which catalyse the fragmentation of the plastic material into micro-fragments;
“oxo-degradable plastic bag” means a plastic bag made of oxo-degradable plastic;
“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such material, container or wrapping as may be prescribed;
“plastic” means a polymer within the meaning of Article 3(5) of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council5 , to which additives or other substances may have been added, and which is capable of functioning as a main structural component of bags;
“plastic bag” means a bag, including, in particular, a lightweight plastic bag, oxo‑degradable plastic bag or very lightweight plastic bag, that—
(a) is made wholly or in part of plastic, and
(b) is suitable for use by a customer at the point of sale in a supermarket, service station or such other class or classes of retail premises as may be prescribed,
other than a bag which falls within a class of bag specified in regulations under section 11 (1) as being a class of bag excepted from this definition;
“premises” includes a building or any part of a building, any outdoor space surrounding or adjacent to the premises, whether or not used in conjunction with the premises, any land, premises, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway carriage or other vehicle (whether stationary or otherwise) and any storage container;
“product” has the meaning given to it by section 5 of the Act of 1996;
“re-usable” in relation to a product, means conceived, designed or placed on the market so as to accomplish, within a single life span of the product, multiple trips or rotations by being refilled for, or put to, the same purpose for which the product was conceived, designed or placed on the market;
“re-usable alternative item” means a re-usable container, re-usable cup or re-usable packaging that is an alternative to a single-use container, single-use cup or single-use packaging, as the case may be;
“relevant re-usable alternative item” means a re-usable alternative item that belongs to a class of re-usable alternative item prescribed under section 11 (1)(a)(v);
“Roadmap for Social Inclusion” means the Roadmap for Social Inclusion 2020-2025 published by the Government on 14 January 2020 or any document published by the Government which amends or replaces that roadmap;
“service station” has the meaning given to it by section 5 of the Act of 1996;
“single-use container” means a container which—
(a) is conceived, designed or placed on the market to hold food that is ready to be consumed without any further preparation such as by cooking, boiling or heating, and
(b) is not re-usable,
other than a container which falls within a class of container specified in regulations under section 11 (1) as being a class of container excepted from this definition;
“single-use cup” means a cup which—
(a) is conceived, designed or placed on the market to hold a beverage, and
(b) is not re-usable,
other than a cup which falls within a class of cup specified in regulations under section 11 (1) as being a class of cup excepted from this definition;
“single-use item” means a single-use container, single-use cup, single-use packaging, a relevant re-usable alternative item or a plastic bag, as the case may be;
“single-use packaging” means packaging which—
(a) is conceived, designed or placed on the market, and
(b) is not re-usable,
other than packaging which falls within a class of packaging specified in regulations under section 11 (1) as being a class of packaging excepted from this definition;
“supply”, in relation to a single-use item, includes the sale of the single-use item;
“United Nations Sustainable Development Goals” means the United Nations Sustainable Development Goals 1 to 17 set out in the document entitled “Transforming our World: The 2030 Agenda for Sustainable Development, published by the UN Department of Economic and Social Affairs 2015” or any document which amends or replaces that document;
“very lightweight plastic bag” means a plastic bag with a wall thickness less than 15 microns which is—
(a) required for hygiene purposes, or
(b) provided as primary packaging for loose food when this helps to prevent food wastage;
“Waste Action Plan for a Circular Economy” means the Waste Action Plan for a Circular Economy 2020-2025 published by the Government on 4 September 2020 or any document published by the Government which amends or replaces that Plan.
Circular economy strategy
7. (1) The Minister shall, prepare and submit to the Government for their approval, with such modifications (if any) as they consider appropriate, a strategy (in this Part referred to as a “circular economy strategy”) setting out the policy, objectives and priorities for the time being of the Government in relation to the circular economy.
(2) The first circular economy strategy shall be prepared and submitted under subsection (1) not later than 6 months after the date on which this section comes into operation and thereafter a circular economy strategy shall be prepared and submitted under that subsection not less than once in every period of 3 years after the date on which the most recent circular economy strategy was published in accordance with subsection (8).
(3) Before the Minister submits a circular economy strategy to the Government for their approval under this section, he or she shall—
(a) consult with—
(i) members of the public in such manner as he or she considers appropriate,
(ii) such bodies, as he or she considers appropriate, representing economically or socially disadvantaged persons or persons who have a disability, and
(iii) such other persons, if any, as he or she considers appropriate,
in relation to the proposed strategy, and
(b) ensure that a poverty impact assessment in respect of the strategy has been carried out.
(4) The Minister shall, as soon as may be, after a circular economy strategy has been approved by the Government in accordance with this section cause that circular economy strategy to be laid before each House of the Oireachtas.
(5) In making a circular economy strategy, the Minister shall, in particular, take the following into account:
(a) the Waste Action Plan for a Circular Economy;
(b) the climate action plan;
(c) the National Biodiversity Action Plan;
(d) the National Policy Statement on the Bioeconomy, including as it relates to technologies such as anaerobic digestion;
(e) the National Disability Inclusion Strategy;
(f) the Roadmap for Social Inclusion;
(g) the Programme for Government;
(h) the National Development Plan;
(i) the National Planning Framework;
(j) the National Marine Planning Framework;
(k) the law of the European Union;
(l) United Nations Sustainable Development Goals.
(6) (a) For the purposes of the development of the circular economy, the circular economy strategy—
(i) shall set out targets, in accordance with paragraph (b), in respect of each of the following sectors of the economy:
(I) construction;
(II) agriculture;
(III) retail;
(IV) packaging;
(V) textiles;
(VI) electronic equipment,
(ii) may set out targets, in accordance with paragraph (b), in relation to such sectors of the economy other than those referred to in subparagraph (i), if any, as the Minister considers appropriate, and
(iii) shall promote the use of criteria relating to the circular economy in public procurement.
(b) The targets to be set out in respect of a sector of the economy under paragraph (a)(i) or (ii) shall include any or all of the following as the Minister considers appropriate for the sector concerned:
(i) reductions in material resource consumption and the use of non-recyclable materials;
(ii) increases in the use of re-usable products and materials;
(iii) increased levels of repair and re-use of products and materials;
(iv) improved maintenance and optimised use of goods, products and materials.
(c) The Minister shall consult with such other Minister of the Government, if any, as he or she considers appropriate in relation to the targets to be set out in the strategy.
(d) The Minister shall, in relation to those sectors of the economy in respect of which targets have been set out in the strategy in accordance with this subsection, promote the entering into by participants in those sectors, on a voluntary basis, of sectoral agreements in respect of those targets.
(7) The circular economy strategy shall set out—
(a) actions that are reasonably necessary to support Government policy on the circular economy, including measures to inform, and promote dialogue with, the public regarding the challenges and opportunities in the transition to a circular economy, and
(b) actions necessary to meet the targets set out in the strategy.
(8) The Minister shall publish, on a website maintained by or on behalf of the Minister or the Government—
(a) the circular economy strategy approved by the Government under this section, and
(b) on an annual basis, a report prepared by or on behalf of the Minister on the implementation of the strategy and the progress made in relation to—
(i) reaching the targets set out in the strategy in accordance with subsection (6), and
(ii) the taking of the actions set out in the strategy in accordance with subsection (7).
Circular Economy Fund
8. (1) There shall stand established on the coming into operation of this section a fund which shall be known as the “Circular Economy Fund” and such monies (if any) that are standing to the credit of the Environment Fund on that date shall accrue to the benefit of the Circular Economy Fund on and from that date.
(2) Subject to subsection (3), the Minister shall manage and control the Circular Economy Fund.
(3) (a) The Minister may by order delegate the management and control of all or part of the Circular Economy Fund and any other functions under this section related to such management and control to a specified person and functions so delegated shall, accordingly, be performable by that person.
(b) An order under paragraph (a) may contain such ancillary and incidental provisions as the Minister considers necessary or expedient for the purposes of the delegation effected by the order.
(c) The Minister may give directions or issue guidelines to the person to whom a delegation is made under paragraph (a) in relation to the performance by the person of the functions delegated to the person by the order and that person shall comply with any such directions and perform those functions in accordance with any such guidelines.
(d) The Minister shall, before giving directions or guidelines under paragraph (c), consult with such other Minister of the Government, if any, as he or she considers appropriate.
(4) The Circular Economy Fund shall consist of such accounts in such financial institutions as the Minister may determine.
(5) The Minister shall keep all proper and usual accounts of all monies paid into the Circular Economy Fund and disbursements from the Circular Economy Fund.
(6) As soon as may be after the end of each financial year, the Minister shall submit the accounts of the Circular Economy Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of the accounts so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas as soon as practicable after he or she has received them.
(7) Subject to, and in accordance with, regulations under section 53C, 73 or 73A of the Act of 1996 or section 11 (1), there shall be paid into the Circular Economy Fund the amounts specified in those regulations of financial resources or levy collected or recovered thereunder.
(8) The Minister may, out of monies provided by the Oireachtas, pay into the Circular Economy Fund in any financial year, such amount as he or she determines, with the consent of the Minister for Public Expenditure and Reform, in relation to that financial year.
(9) Without prejudice to subsection (13), the Minister may, from time to time, pay out of the Circular Economy Fund such amount of monies as he or she considers appropriate for any or all of the following purposes:
(a) to assist, support or promote any programmes or schemes established for the prevention or reduction of waste or the establishment of such programmes or schemes;
(b) to assist, support or promote any programmes or schemes established to support the circular economy or the establishment of such programmes or schemes;
(c) to assist the establishment, equipping and, where appropriate, the operation of waste re-use and recycling activities generally, or recovery activities in respect of any specified class of waste;
(d) to assist, support or promote research and development with respect to any aspect of waste management or the circular economy;
(e) to assist, support or promote the production, distribution or sale of products of a particular class, being products which possess characteristics (whether characteristics of an inherent nature or related to the process by which the products are manufactured) likely to render them less harmful to the environment than other products falling within the same class;
(f) to assist, support or promote the development of initiatives by producers of products to prevent or reduce waste arising from activities carried out by them;
(g) to assist generally in the implementation of waste management plans made by local authorities in accordance with Part II of the Act of 1996 and the hazardous waste management plan prepared by the Agency in accordance with section 26 of that Act;
(h) to facilitate or assist the enforcement of the provisions of any enactment (including this Act) relating to waste management or the prevention of litter or otherwise relating to the protection of the environment;
(i) to facilitate or assist projects, commonly known as partnership projects, that involve local authorities and the purpose of which is to improve the quality of the environment in so far as it affects a particular local community or communities;
(j) to promote awareness of the need generally to protect the environment and, in particular, to assist, support or promote national and regional campaigns the objectives of which are to encourage such awareness;
(k) to promote or support education and training that would facilitate the achievement of the objectives of campaigns referred to in paragraph (j);
(l) to assist the provision of the necessary resources, whether human or material, to enable such education and training to be carried out or facilitate the improvement of any such resources that exist for the time being;
(m) to assist, support or promote initiatives undertaken by community groups, environmental groups or other such persons with respect to the protection of any aspect of the environment;
(n) to facilitate, assist, promote or support initiatives undertaken by international organisations or other persons outside the State in respect of the protection of the environment or sustainable development, or both;
(o) other purposes in respect of the protection of the environment.
(10) (a) Without prejudice to the generality of subsection (9), the Minister, or such other person as he or she may nominate, may invite proposals to avail of monies from the Circular Economy Fund for any or all of the purposes set out in paragraphs (a) to (o) of that subsection.
(b) An invitation under paragraph (a) shall be published on a website maintained by or on behalf of the Minister and shall outline the criteria to be used to assess proposals.
(11) Any payment of monies out of the Circular Economy Fund under any of paragraphs (a) to (o) of subsection (9) shall be made to the person or persons who carry on, or as the case may be, carried on, the activity which, in the opinion of the Minister, furthers the achievement of the purpose referred to in such of paragraphs (a) to (o) for which the payment is made.
(12) (a) Without prejudice to the preceding provisions of this section, the Minister may, after consulting with the Minister for Public Expenditure and Reform, prepare and publish guidelines in respect of an activity the carrying out of which furthers the achievement of the purpose for which the payment was made.
(b) Where the Minister has published guidelines in accordance with paragraph (a) in respect of an activity, a payment shall not be made out of the Circular Economy Fund in respect of the activity if that activity is carried on otherwise than in accordance with the guidelines.
(13) (a) The Minister may from time to time pay out of the Circular Economy Fund such amount of monies as he or she determines for the purposes of defraying, in whole or in part, the expenses incurred, on or after the establishment of the Fund, by him or her or by any person to whom functions are delegated under subsection (3), in connection with the administration of the Fund.
(b) Any monies paid out of the Circular Economy Fund under paragraph (a) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.
(14) The Minister may establish a committee to advise him or her with respect to the performance by him or her of his or her functions under subsection (9) or (12) and a committee so established may advise the Minister accordingly.
(15) In this section—
“financial year” means the financial year of the Circular Economy Fund;
“recovery activities” does not include incineration, whether with or without energy recovery, or export for incineration, whether with or without energy recovery;
“waste”, “re-use” and “recycling” have the meanings given to them by section 5 of the Act of 1996.
Provisions relating to Environment Fund
9. (1) Any monies accruing to the benefit of the Environment Fund on or before the coming into operation of this section which have not, on the date of such coming into operation, been credited to the Environment Fund shall accrue to the benefit of the Circular Economy Fund and shall be paid into the Circular Economy Fund.
(2) Any liabilities of the Environment Fund at the date on which this section comes into operation shall, on that date, become liabilities of the Circular Economy Fund and shall be discharged by the Minister from the Circular Economy Fund.
(3) A reference to the Environment Fund in any enactment (other than this Act and sections 5 and 74 of the Act of 1996) or instrument under an enactment shall, from the date on which this section comes into operation be construed as a reference to the Circular Economy Fund.
(4) The Minister shall, in respect of the period specified in subsection (6), prepare final accounts of the Environment Fund.
(5) The Minister shall submit the final accounts of the Environment Fund to the Comptroller and Auditor General for audit not later than 6 months after the coming into operation of this section and the Minister shall cause a copy of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas as soon as practicable after he or she receives them.
(6) For the purposes of subsection (4), the Minister may specify a period that is longer or shorter than a financial year of the Environment Fund.
Circular economy programme
10. (1) The Agency shall establish a programme (in this Part referred to as a “circular economy programme”) setting out measures to be taken by the Agency, including measures in respect of reporting and the provision of funding and education, to give effect to the objectives set out in the circular economy strategy.
(2) A circular economy programme—
(a) shall include the waste prevention programmes established by the Agency under section 27B of the Act of 1996, and
(b) shall—
(i) be integrated into waste management plans required under section 22 of that Act,
(ii) be integrated into other environmental policy programmes, as appropriate, or
(iii) operate as a separate programme.
(3) Where a circular economy programme is integrated into a waste management plan as referred to in subsection (2)(b)(i) or into any other environmental policy programme as referred to in subsection (2)(b)(ii), that plan or such other programme, as the case may be, shall clearly identify the measures and objectives referred to in subsection (1).
(4) The Agency shall, from time to time as it considers appropriate, but not less than once in each period of 6 years from the date on which the most recent circular economy programme was established, review the programme and make such revisions to it as it considers appropriate and a reference in this Part to such a programme shall, unless the context otherwise requires, be construed as being a reference to such a programme as so revised.
(5) On establishing a circular economy programme, the Agency shall—
(a) cause to be published in at least one national newspaper and on its website a notice of that fact, which notice shall also indicate how a copy of the programme may be obtained at a cost not exceeding the reasonable cost of making such a copy, and
(b) furnish a copy of the programme to—
(i) the Minister,
(ii) each local authority, and
(iii) any other public body that, in the opinion of the Agency, has an interest in the programme.
(6) In this section, “public body” means any of the following:
(a) a Minister of the Government;
(b) a local authority;
(c) the Health Service Executive;
(d) a university or institute of technology;
(e) an education and training board established under section 9 of the Education and Training Boards Act 2013 ;
(f) any other person, body or organisation established—
(i) by or under an enactment (other than the Companies Act 2014 ) or charter,
(ii) by any scheme administered by a Minister of the Government, or
(iii) under the Companies Act 2014 in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government;
(g) a company (within the meaning of the Companies Act 2014 ) a majority of the shares in which are held by or on behalf of a Minister of the Government;
(h) any other person, body, organisation or group that the Minister may prescribe for the purposes of this section.
Environmental levy
11. (1) Subject to subsection (3), the Minister may, with the consent of the Government, make regulations providing that there shall be chargeable, leviable and payable, a levy (in this Part referred to as an “environmental levy”) in respect of the following:
(a) the supply to a customer, in or at such class or classes of retail premises as may be prescribed for the purposes of this section, of any or all of the following:
(i) single-use cups;
(ii) single-use containers;
(iii) single-use packaging;
(iv) such class or classes of the single-use items referred to in subparagraphs (i) to (iii) as may be prescribed for the purposes of this section;
(v) such class or classes of re-usable alternative items as may be prescribed for the purposes of this section;
(b) the supply to a customer of plastic bags or such class or classes of plastic bags as the Minister may prescribe for the purposes of this section in or at any or all of the following:
(i) a supermarket;
(ii) a service station;
(iii) such other class or classes of retail premises as may be prescribed for the purposes of this section.
(2) In making regulations under subsection (1) in relation to the supply of a single-use item or a class or classes of single-use item or a class or classes of re-usable alternative item, the Minister shall have regard to the level of material wastage associated with the single-use item or, as the case may be, the class or classes of single-use item, or, as the case may be, the class or classes of re-usable alternative item, concerned, including by reason of—
(a) where an amount is charged for the supply of that item or class or classes of item, as the case may be, to a customer, that amount, or
(b) where no amount is so charged, that fact.
(3) Regulations may be made by the Minister under subsection (1) in relation to the supply of a single use item or a class or classes of single-use item or a class or classes of re-usable alternative item, as the case may be, only where he or she is satisfied that, in respect of the single-use item or, as the case may be, the class or classes of single-use item, or the class or classes of re-usable alternative items concerned, a suitable re-usable alternative item or class of such item or a suitable alternative item or class of such item with a lower level of material wastage, having regard to the purpose for which, and circumstances in which, the single-use item or class of single-use item or class of re-usable alternative item concerned is supplied, is, or could be made, readily available.
(4) The amount of the environmental levy in respect of each single-use item or, as the case may be, each class of single-use item or, as the case may be, each class of re-usable alternative item prescribed under subsection (1)(a)(v), shall be such amount as may be prescribed in respect of the single-use item concerned, or, as the case may be, the class or classes of single-use item concerned, having regard to the aim of—
(a) reducing the generation of waste, and
(b) reducing the use of the single-use item, or, as the case may be, the class of single-use item concerned,
and shall not, in any case, in respect of each single-use item supplied to a customer be less than €0.20 or more than €1.00.
(5) The Minister may, subject to subsections (6) and (7), alter the amount of the levy specified in regulations under subsection (1) for the purposes of promoting—
(a) a reduction in the generation of waste, and
(b) a reduction in the use of the single-use item or class of single-use item, as the case may be,
once and once only in each financial year beginning with the financial year following the financial year in which this section comes into operation.
(6) The amount to which the amount of the levy standing specified in regulations under subsection (1) may be altered shall, subject to subsection (7), be obtained by multiplying the amount of the levy standing specified for the time being in regulations made under subsection (1) by the figure specified in subsection (8) and if—
(a) the amount so obtained is not a whole number of cent, and
(b) the Minister considers it appropriate to do so and specifies in the regulations that the amount has so been rounded,
rounding (up or down as he or she thinks fit) the amount to the nearest whole number of cent.
(7) The Minister may, where he or she considers it appropriate for the purposes referred to in subsection (5), add, to the amount obtained in accordance with subsection (6), a figure which is not greater than 10 per cent of the amount of the levy standing specified in regulations under subsection (1) and if—
(a) the amount so obtained is not a whole number of cent, and
(b) the Minister considers it appropriate to do so, and specifies in the regulations that the amount has been so rounded,
rounding (up or down as he or she thinks fit) the amount to the nearest whole number of cent.
(8) The figure mentioned in subsection (6) is the quotient, rounded up to 3 decimal places, obtained by dividing the consumer price index number relevant to the financial year in which the regulations amending the levy are made by the consumer price index number relevant to the financial year in which the regulations amending the levy were last made.
(9) Regulations under subsection (1)—
(a) may make provision for any matter stated in this section or section 12 as prescribed or to be prescribed and different regulations may be made in respect of different classes of matter the subject of the prescribing concerned,
(b) shall provide for the matters referred to in section 12 (2) and
(c) may provide for the matters referred to in section 12 (3).
(10) In this section, “consumer price index number” means the All Items Consumer Price Index Number compiled by the Central Statistics Office and a reference to the “consumer price index number relevant to the financial year” is a reference to the consumer price index number at such date in that year as is determined by the Minister with the consent of the Minister for Finance.
(11) A relevant re-usable alternative item or a class of re-usable alternative item prescribed under subsection (1) (a) (v) shall not be considered to be a suitable re-usable alternative item or class of such item or a suitable alternative item or class of such item for the purposes of subsection (3) .
Payment etc. of environmental levy
12. (1) The environmental levy shall be payable by the person who carries on the business of selling goods or products—
(a) where section 11 (1)(a) applies, in or at such class of retail premises prescribed for the purposes of that section, and
(b) where section 11 (1)(b) applies, in or at the supermarket, service station or such other class of retail premises prescribed for the purposes of that section,
or if 2 or more persons each carry on such a business, whichever of them causes to be made the particular supply of the single-use item to which the levy relates.
(2) Regulations under section 11 (1) shall—
(a) specify the person or persons to whom the environmental levy shall be payable (who, or each of whom, is referred to in this Part as a “collection authority”),
(b) confer powers on a collection authority with respect to the collection and recovery of the environmental levy (and, for this purpose, the regulations may adapt, with or without modifications, the provisions of any enactment relating to the estimation, collection and recovery of, or the inspection of records or the furnishing of information in relation to, any tax charged or imposed by that enactment).
(3) Regulations under section 11 (1) may provide for any or all of the following:
(a) the times at which payment of the levy shall be made and the form of such payment;
(b) the notification to a collection authority by a person who carries on a business of the kind referred to in subsection (1) (being a business that involves the supply of single-use items in the circumstances mentioned in section 11 (1)(a) or (b) ), of that fact;
(c) the keeping of specified records by a person referred to in subsection (1) in respect of matters connected with liability to pay the levy and the form of such records;
(d) the furnishing of such records and other specified information relating to liability as aforesaid at specified intervals to a collection authority and the manner in which such records and information shall be so furnished;
(e) the giving of specified notices, at the time of a specified act being done that involves a single-use item referred to in section 11 (1)(a) or (b), in a specified manner and in a specified form, of the fact that a levy is payable (whether in relation to that act or a previous such act);
(f) the giving of notice in a supermarket, service station or other class or classes of retail premises as may be prescribed, in such form and manner as may be prescribed, of the fact that a levy is payable in respect of a single-use item referred to in section 11 (1);
(g) the specifying of a class of single-use cup, single-use container or single-use packaging excepted from the definition in section 6 of single-use cup, single-use container or single-use packaging, as the case may be, by reference to either or both of the following:
(i) one or more of the size, composition or intended use of the cup, container or packaging, as the case may be;
(ii) the place of supply of the cup, container or packaging, as the case may be;
(h) the specifying of a class or classes of bag excepted from the definition of plastic bag in section 6 by reference to either or both of the following:
(i) one or more of the size, composition or intended use of the bag;
(ii) the place of supply of the bag;
(i) exceptions in specified circumstances from the liability to pay the levy;
(j) the payment of the levy by specified persons to be deferred in specified circumstances;
(k) the keeping by collection authorities of such records and accounts that the Minister may prescribe in respect of the levy paid or payable to them;
(l) the refund of payments of the levy in such circumstances that the Minister may prescribe;
(m) the entering by a collection authority into arrangements with one or more persons whereby that person or those persons, by means of a scheme carried out by the person or persons for the discharge of the liabilities of others participating in the scheme in respect of the levy, collects amounts due in respect of the levy and remits them to the collection authority in consideration of the payment of specified sums by the authority to that person or persons;
(n) the payment into the Circular Economy Fund by collection authorities of amounts received by them on account of the levy (subject to the deduction from such amounts of any amounts specified as being capable of being deducted therefrom for the purposes of defraying expenses incurred by collection authorities in collecting or recovering the levy).
(4) Where any amount of the environmental levy becomes payable in accordance with regulations under section 11 (1) and is not paid, simple interest on the amount shall be paid by the person liable to pay the levy and such interest shall be calculated from the date on which the levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.
(5) Interest due in accordance with subsection (4) shall be payable to the collection authority specified in the regulations under section 11(1) and the provisions of those regulations relating to the recovery of the levy shall apply to the interest as if it were levy.
(6) For the purposes of subsection (4), the levy includes any estimated amount which has been included in a notice served by a collection authority on the person liable to pay the levy concerned provided such estimated amount has, in accordance with regulations under section 11 (1), become due and payable to the collection authority.
(7) Interest paid in accordance with subsection (4) shall be treated as the levy for the purposes of paragraph (n) of subsection (3) and section 8(7) .
Offences in relation to, recovery etc. of, environmental levy
13. (1) A person who fails to—
(a) pay a levy which is due and payable by virtue of regulations under section 11 (1),
(b) comply with a provision of regulations under that section, or
(c) comply with any term or condition, in as far as the term or condition relates to the payment of a levy under section 11 (1), of a scheme referred to in section 12 (3)(m), carried out by him or her or in which he or she has assented to participate (and which assent has not, by notice in writing given to the person carrying out the scheme before the failure occurs, been withdrawn),
shall be guilty of an offence.
(2) In proceedings for the recovery of levy or for an offence under subsection (1)(a), it shall be presumed, until the contrary is proved, that the single-use item in respect of which the levy concerned is alleged not to have been paid was a single-use cup, single-use container, single-use packaging, relevant re-usable alternative item, or plastic bag, as the case may be.
(3) In proceedings for the recovery of levy or for an offence under subsection (1)(a), it shall be presumed, until the contrary is proved, that the number of single-use items supplied to customers in or at the retail premises concerned in the circumstances mentioned in section 11 (1) in a particular period was equal to the number of single‑use items acquired for the purposes of such supply in that period by the person who carried on, during that period, the business of selling goods or products in or at those retail premises or, if two or more persons each carried on, during that period, such a business in or at those retail premises, whichever of them caused to be made the particular supply of the single-use item concerned.
(4) A person guilty of an offence under subsection (1) shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding two years or both.
(5) If the contravention in respect of which a person is convicted of an offence under this section is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €1,000 or on conviction on indictment to a fine not exceeding €50,000.
(6) In imposing any penalty under subsection (4) or (5), the court shall, in particular, have regard to the risk or extent of environmental pollution and any remediation required, arising from the act or omission constituting the offence.
(7) In this section, “environmental pollution” has the meaning given to it by section 5 of the Act of 1996.
Prohibition on sale of certain single-use items
14. (1) Subject to subsection (3), the Minister may, with the consent of the Government, make regulations prohibiting the supply in the State of any or all of the following:
(a) single-use cups;
(b) single-use containers;
(c) single-use packaging;
(d) plastic bags;
(e) such class or classes of the single-use items referred to in paragraphs (a) to (d) as he or she may prescribe for the purposes of this section.
(2) In making regulations under this section, the Minister shall have regard to the level of material wastage associated with the single-use item or, as the case may be, the class or classes of single-use item, concerned.
(3) Regulations may be made by the Minister under this section in respect of a single-use item referred to in subsection (1) or a class or classes of such single use items, as the case may be, only where he or she is satisfied that, in respect of the single-use item or, as the case may be, the class or classes of single-use item concerned, a suitable re-usable alternative or a suitable alternative with a lower level of material wastage, having regard to the purpose for which and circumstances in which the single-use item or class of single-use item concerned is supplied, is, or could be made, readily available.
(4) Regulations under subsection (1) shall come into operation not earlier than 6 months after the date on which they are made.
(5) The Minister may, having regard to the need to protect the health or safety of the public, prescribe exemptions from the application of regulations made under this section.
(6) A person who fails to comply with a provision of regulations under subsection (1) commits an offence and sections 13 (4) to (7) shall apply in respect of that offence as they do to an offence under section 13 (1).
(7) The Minister shall, not later than 12 months after the coming into operation of this subsection, publish, on a website maintained by or on behalf of the Minister or the Government, a report prepared by or on behalf of the Minister examining how single‑use packaging used in the sale of fruit and vegetables can be reduced.
National food waste prevention strategy
15. (1) Subject to subsection (3), the Minister shall prepare and submit to the Government for their approval, with such modifications (if any) as they consider appropriate, a national food waste prevention strategy (to be known as “the national food waste prevention roadmap” and in this section referred to as “the national food waste prevention strategy”) setting out the policy, objectives and priorities for the time being of the Government in relation to food waste prevention.
(2) The first national food waste prevention strategy shall be prepared and submitted under subsection (1) not later than 6 months after the date on which this section comes into operation and thereafter a national food waste prevention strategy shall be prepared and submitted under that subsection not less than once in every period of 3 years after the date on which the most recent national food waste prevention strategy was published in accordance with subsection (4).
(3) In preparing the national food waste prevention strategy, the Minister shall take the following into account:
(a) the Circular Economy Strategy;
(b) the climate action plan;
(c) the National Biodiversity Action Plan;
(d) the National Policy Statement on the Bioeconomy;
(e) the National Disability Inclusion Strategy;
(f) the Roadmap for Social Inclusion;
(g) the Programme for Government;
(h) the European Union Farm to Fork Strategy;
(i) Food Vision 2030 Strategy;
(j) the law of the European Union;
(k) United Nations Sustainable Development Goals.
(4) A national food waste prevention strategy approved by the Government under this section shall be published on a website maintained by or on behalf of the Minister or the Government and the Minister shall, on an annual basis, publish on that website a report prepared by or on behalf of the Minister on the implementation of the strategy.
(5) In this section—
“European Union Farm to Fork Strategy” means the document entitled “A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system” published by the European Commission on 20 May 2020, or any document that amends or replaces that document;
“Food Vision 2030 Strategy” means the strategy entitled “Food Vision 2030 – A World Leader in Sustainable Food Systems” published by the Government on 2 August 2021, or any document which amends or replaces that strategy;
“food waste” has the meaning given to it by section 5 of the Act of 1996.
PART 3
Amendments to Act of 1996
Amendment of section 5 of Act of 1996
16. Section 5 of the Act of 1996 is amended in subsection (1)—
(a) by the insertion of the following definitions:
“‘Act of 2022’ means the Circular Economy and Miscellaneous Provisions Act 2022;
‘approval’, in relation to a proposal under section 14A(4), means an approval given under section 14A(5) or renewed under section 14A(11) in respect of the CCTV scheme which is the subject of the proposal;
‘approved CCTV scheme’ means a CCTV scheme which is the subject of a proposal in respect of which an approval is in being;
‘automatic number plate recognition device’ means a device which engages an automated method of recognising vehicle registration plates from a camera image;
‘biometric data’ has the meaning given to it by section 69 (1) of the Data Protection Act 2018 ;
‘body-worn recording device’ means a recording device affixed to or contained in the clothing, uniform or headgear of an authorised person;
‘CCTV scheme’ has the meaning given to it by section 14A(1);
‘closed circuit television’ or ‘CCTV’ means a system of recording devices the signals of which are not made publicly available but are monitored, or are capable of being monitored, by a local authority;
‘code of practice’ means a code of practice approved by the Minister in accordance with section 14C and includes part of a code of practice;
‘facial recognition device’ means a device or system of devices which, through automated use of biometric data, matches or categorises facial images captured by the device;
‘mobile recording device’ means a recording device, other than CCTV, and includes a body-worn recording device;
‘operation’, in relation to closed circuit television, includes the maintenance and monitoring of closed circuit television;
‘recording device’ means a device that is capable of recording or processing, or both, visual images or audio, or both, on any medium, from which a visual image or moving visual images may be produced and includes any accompanying document, and, where only visual images or moving visual images are concerned, includes any sound accompanying those images but does not include automatic number plate recognition devices or facial recognition devices;”,
and
(b) by the deletion of the definition of “Environment Fund”.
Amendment of section 7 of Act of 1996
17. Section 7 of the Act of 1996 is amended in subsection (5)(a) by the deletion of “other than an order under section 72(12) but”.
Amendment of section 10A of Act of 1996
18. Section 10A of the Act of 1996 is amended—
(a) in subsection (4)—
(i) by the substitution of the following paragraph for paragraph (a):
“(a) €2,000 where the relevant offence consists of a contravention of—
(i) Regulation 10(5)(a) of the WEEE Regulations,
(ii) Regulation 17(1)(a)(i) of the Batteries and Accumulators Regulations, or
(iii) Regulation 9(a) or 21(1)(a) of the Tyres and Waste Tyres Regulations,”,
(ii) in paragraph (b)—
(I) in subparagraph (iii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, or”,
(II) in subparagraph (iv), by the substitution of “the WEEE Regulations, or” for “the WEEE Regulations”, and
(III) by the insertion of the following subparagraph after subparagraph (iv):
“(v) Regulation 9(d), 14, 19 or 29(1)(b) of the Tyres and Waste Tyres Regulations,”,
and
(iii) in paragraph (c)—
(I) in subparagraph (ii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, or”,
(II) in subparagraph (iii), by the substitution of “WEEE Regulations, or” for “WEEE Regulations,” and
(III) by the insertion of the following subparagraph after subparagraph (iii):
“(iv) Regulation 24(2), 26(a), 26(b), 42(2) or 42(3) of the Tyres and Waste Tyres Regulations”,
and
(b) in subsection (6)—
(i) in paragraph (a)—
(I) in the definition of “authorised person”—
(A) in subparagraph (iii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, and”,
(B) in subparagraph (iv), by the substitution of “WEEE Regulations, and” for “WEEE Regulations;”, and
(C) by the insertion of the following subparagraph after subparagraph (iv):
“(v) in relation to a relevant offence referred to in paragraph (b)(v), an authorised person within the meaning of the Tyres and Waste Tyres Regulations;”,
and
(II) by the insertion of the following definition after the definition of “End of Life Vehicles Regulations”:
“‘Tyres and Waste Tyres Regulations’ means the Waste Management (Tyres and Waste Tyres) Regulations 2017 ( S.I. No. 400 of 2017 );”,
and
(ii) in paragraph (b)—
(I) in subparagraph (i), by the substitution of “contravention of Regulation 17(1)(a)(i), Regulation 17(3),” for “contravention of Regulation 17(3),”,
(II) in subparagraph (iii), by the substitution of “those regulations,” for “those regulations, or”,
(III) in subparagraph (iv), by the substitution of “those regulations, or” for “those regulations.”, and
(IV) by the insertion of the following subparagraph after subparagraph (iv):
“(v) an offence under Regulation 46 of the Tyres and Waste Tyres Regulations consisting of a contravention of Regulation 9(a), 9(d), 14, 19, 21(1) (a), 24(2), 26(a), 26(b), 29(1) (b), 42(2) or 42(3) of those Regulations.”.
Amendment of section 10B of Act of 1996
19. Section 10B of the Act of 1996 is amended—
(a) in subsection (1)—
(i) by the substitution of “a relevant offence” for “an offence under section 34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7)(d), to a waste collection permit”, and
(ii) in paragraph (b), by the substitution of “payment of the amount specified in subsection (3A)” for “payment of €500”,
(b) in subsection (3), by the substitution of “a relevant offence” for “an offence under section 34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7) (d), to a waste collection permit”,
(c) by the insertion of the following subsection after subsection (3):
“(3A) The amount to be specified in a fixed payment notice in respect of a relevant offence is—
(a) €500 where the relevant offence consists of—
(i) a contravention of section 32(1A)(a) or 32(2),
(ii) a contravention of a condition attached, under section 34(7)(c) or 34(7)(d), to a waste collection permit,
(iii) a contravention of section 34(1)(a),
(iv) an offence under section 34(10A), or
(v) an offence under section 39(9), in so far as the offence consists of a contravention of a provision of regulations made under section 39(4) prohibiting, other than in accordance with those regulations, the recovery or disposal in a specified manner of a specified class or classes of waste, including a class or classes of household waste,
or
(b) €1,000, where the relevant offence consists of a contravention of section 32(1).”,
and
(d) by the insertion of the following subsection after subsection (4):
“(5) In this section, ‘relevant offence’ means—
(i) an offence under section 32(6)(a), in so far as the offence consists of a contravention of section 32(1), 32(1A)(a) or 32(2), or
(ii) an offence under section 34(1)(c), in so far as the offence consists of—
(I) a contravention of a condition attached, under section 34(7)(c) or 34(7)(d), to a waste collection permit,
(II) a contravention of section 34(1)(a),
(III) an offence under section 34(10A), or
(IV) an offence under section 39(9), in so far as the offence consists of a contravention of a provision of regulations made under section 39(4) prohibiting, other than in accordance with those regulations, the recovery or disposal in a specified manner of a specified class or classes of waste, including a class or classes of household waste.”.
Operation of CCTV for certain purposes
20. (1) The Act of 1996 is amended by the insertion of the following section after section 14:
“14A. (1) An authorised person may submit a proposal in accordance with subsection (4) for the installation and operation of closed circuit television in the functional area of, or any particular area within the functional area of, a local authority (in this Part referred to as ‘a CCTV scheme’), for the purposes of—
(a) deterring environmental pollution, and
(b) facilitating the deterrence, prevention, detection and prosecution of offences under this Act.
(2) A proposal made under subsection (1) shall include—
(a) details of the location, number and technical specification of the devices to be used in the CCTV scheme,
(b) details of the geographical areas to be covered by the CCTV scheme,
(c) a plan prepared in accordance with subsection (3) for the purposes of this paragraph in respect of the CCTV scheme, and
(d) such other matters referred to in the code of practice approved under section 14C in respect of the operation of this section that relate to the installation and operation of the CCTV scheme.
(3) A plan prepared for the purposes of subsection (2)(c)—
(a) shall contain details of the arrangements proposed in respect of—
(i) the monitoring, recording and disclosure of the images, sounds or documents, produced pursuant to the CCTV scheme, and
(ii) the preservation of recordings made and documents produced pursuant to that scheme,
(b) shall include a data protection impact assessment in respect of the CCTV scheme carried out in accordance with section 84 of the Data Protection Act 2018 , and
(c) shall comply with—
(i) Part 5 of the Data Protection Act 2018 , and
(ii) the code of practice approved under section 14C for the purposes of the operation of this section.
(4) A proposal under subsection (1) shall be submitted to the chief executive of the local authority in whose functional area, or part thereof, the proposed CCTV scheme is to operate and he or she shall decide whether or not to approve the proposal.
(5) Subject to subsections (6) to (8), the chief executive—
(a) may approve, or approve, subject to such modifications, terms and conditions (if any) as he or she considers appropriate, a proposal submitted to him or her under this section, and
(b) where he or she approves a proposal, whether with or without modifications, terms and conditions, he or she shall specify the date on which the approval expires.
(6) In deciding whether or not to approve a proposal under subsection (5), in considering what, if any, modifications, terms and conditions are appropriate and in specifying the date on which an approval is to expire, the chief executive shall consider the extent to which the proposal is proportionate to, and necessary for, the purposes referred to in subsection (1) and he or she shall not approve a proposal unless he or she is satisfied that the proposal is proportionate to, and necessary for, those purposes.
(7) Where the chief executive approves a proposal under subsection (5)—
(a) the approval shall—
(i) be in writing,
(ii) set out such modifications, terms and conditions (if any) as he or she considers appropriate, and
(iii) state the date on which the approval shall expire,
and
(b) the CCTV scheme to which the approval relates shall be operated in accordance with the approval and with the code of practice approved under section 14C for the purposes of the operation of this section.
(8) Subject to subsections (11), (12) and (13), an approval given under subsection (5) shall expire not later than the date that is 5 years from the date on which the approval was given.
(9) The chief executive of a local authority in whose functional area, or part of whose functional area, an approved CCTV scheme is in operation and in respect of which an approval is in being—
(i) may, at any time, and
(ii) shall, not later than 5 years from the date on which the approval in respect of the CCTV scheme was given under subsection (5) and thereafter at intervals of not more than 5 years from the date of the immediately preceding review,
cause a review of the operation of that scheme to be carried out by an authorised person.
(10) An authorised person carrying out a review pursuant to this section shall consider—
(a) whether the approved CCTV scheme is being operated—
(i) in accordance with the approval in respect of the scheme, and
(ii) in compliance with the code of practice approved under section 14C for the purposes of the operation of this section,
(b) the extent to which the operation of the scheme during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes referred to in subsection (1), and
(c) such other matters that he or she considers appropriate having regard to the purposes referred to in subsection (1).
(11) Without prejudice to subsection (12), following a review carried out under subsection (10), the chief executive shall decide whether to—
(a) renew the approval given in respect of the scheme, subject to such modifications, terms and conditions, if any, as he or she considers appropriate, or
(b) revoke the approval,
and subsections (6) to (10) shall, with any necessary modifications, apply in respect of the decision of the chief executive under this subsection and, where renewed, the approval as so renewed.
(12) The chief executive may at any time revoke an approval where the CCTV scheme to which the approval relates has been operated otherwise than—
(a) in accordance with the approval, or
(b) in accordance with the code of practice for the time being approved under section 14C for the purposes of the operation of this section.
(13) Where, in relation to an approved CCTV scheme, it is proposed that there are to be changes to the scheme, other than repairs or modifications that do not alter the extent of the coverage of the scheme or the capability of the devices used in the scheme, an authorised person shall make a proposal under subsection (1) in respect of those changes and this section shall apply, with any necessary modifications, in respect of that proposal and where an approval is given in respect of that new proposal, the existing approval shall be revoked.
(14) Where an approval expires and is not renewed or is revoked by a chief executive under this section, the local authority shall, not later than one month after the date on which the approval expired or is revoked, as the case may be, terminate the operation of the CCTV scheme concerned.
(15) Notice of the approval, review or revocation of a proposal under this section shall be published on the website of the local authority concerned.
(16) In this section, ‘chief executive’ has the same meaning as it has in section 2 of the Local Government Act 2001 .”.
(2) The Minister shall not make an order under section 1(2) for the purposes of bringing s ubsection (1) into operation until such time as a code of practice for the purposes of the operation of section 14A (inserted by subsection (1) ) of the Act of 1996 has been approved by the Minister under section 14C (inserted by section 22 ) of that Act and laid before each House of the Oireachtas in accordance with section 14C.
Operation of mobile recording device by authorised person for certain purposes
21. (1) The Act of 1996 is amended by the insertion of the following section after section 14A (inserted by section 20 ):
“14B. (1) An authorised person acting in the course of his or her duties under this Act may, in accordance with this section and with the code of practice approved under section 14C for the purposes of the operation of this section, operate a mobile recording device for the purposes of—
(a) preventing, investigating, detecting or prosecuting offences under this Act, or
(b) ensuring his or her personal safety or security in preventing, investigating, detecting or prosecuting offences under this Act.
(2) The operation of a mobile recording device under subsection (1) must be necessary for, and proportionate to, the purpose for which it is operated.
(3) A mobile recording device shall be operated by an authorised person in accordance with the code of practice approved under section 14C for the purposes of the operation of this section.”.
(2) The Minister shall not make an order under section 1 (2) for the purposes of bringing s ubsection (1) into operation until such time as a code of practice for the purposes of the operation of section 14B (inserted by subsection (1)) of the Act of 1996 has been approved by the Minister under section 14C (inserted by section 22 ) of that Act and laid before each House of the Oireachtas in accordance with section 14C.
Codes of practice for purposes of sections 14A and 14B
22. The Act of 1996 is amended by the insertion of the following section after section 14B (inserted by section 21 ):
“14C. (1) The Local Government Management Agency shall, as soon as practicable after the coming into operation of section 22 of the Act of 2022, prepare and submit to the Minister for his or her approval a draft code or codes of practice for the purposes of setting standards for the operation of each of sections 14A and 14B.
(2) A draft code of practice referred to in subsection (1) shall, in respect of the section to which it relates, include provisions in relation to the following:
(a) the procedures and standards to be followed in the operation of the section including, where section 14A applies, in the installation of devices to be used in a CCTV scheme;
(b) confidentiality, security, storage, access to, retention, deletion and any other processing of, data gathered in accordance with the section;
(c) the circumstances in which data gathered under the section is to be disposed of or destroyed;
(d) the rights of data subjects in so far as they relate to the operation of the section concerned;
(e) such other matters, if any, related to the operation of the section that the Local Government Management Agency considers appropriate,
and the code or codes of practice may contain different provisions in relation to different types of devices or systems, in relation to different categories of persons and in relation to the different circumstances in which such devices or systems are operated.
(3) In preparing a draft code of practice under this section, the Local Government Management Agency—
(a) shall carry out or cause to be carried out on its behalf an assessment of the likely impact on data subjects of types of processing of personal data contemplated by section 14A or 14B, as the case may be,
(b) shall ensure that the assessment referred to in paragraph (a) contains the following:
(i) a general description of the type of processing operations to which the assessment relates;
(ii) an assessment of the potential risks to the rights and freedoms of data subjects as a result of that processing;
(iii) a description of any safeguards, security measures or mechanisms proposed to be implemented by the local authority to mitigate any risk referred to in subparagraph (ii) and to ensure the protection of the personal data in relation to the types of processing contemplated by section 14A or 14B, as the case may be,
and
(c) shall ensure that the draft code takes account of the assessment referred to in paragraph (a).
(4) Before submitting a draft code or codes of practice to the Minister under this section, the Local Government Management Agency—
(a) shall consult with—
(i) the Minister,
(ii) the Minister for Housing, Local Government and Heritage,
(iii) the Minister for Justice, and
(iv) the Data Protection Commission,
(b) shall provide the assessment referred to in subsection (3) to the persons referred to in paragraph (a) before consulting with those persons, and
(c) may consult with any other person or body appearing to the Local Government Management Agency to have an interest in the operation of section 14A or 14B and such other person that the Minister may direct.
(5) The Minister may approve, with or without modifications, a code of practice submitted to him or her under this section.
(6) The Local Government Management Agency shall ensure that a code of practice approved by the Minister under this section is reviewed by it on a regular basis with the first review to be not later than 5 years from the date on which the code is first approved by the Minister, and, in the case of each subsequent review, not later than 5 years from the date of the previous review.
(7) The Local Government Management Agency shall consult with the persons referred to in subsection (4) when conducting a review under subsection (6).
(8) The Minister shall be informed in writing by the Local Government Management Agency of the outcome of a review under subsection (6).
(9) The Local Government Management Agency, following a review under subsection (6) or at any other time that it considers appropriate, may submit a further draft code of practice to the Minister to amend, revoke or replace, an existing code of practice, or to create a new code of practice or may request the Minister to renew the code which was the subject of the review.
(10) Subject to subsection (11), subsections (2) to (9) shall apply in relation to a draft code of practice submitted to the Minister under subsection (9) or a request made under that subsection to renew an existing code of practice as they apply to a draft code of practice submitted to the Minister under subsection (1).
(11) Subsection (10) shall not apply where the amendments being made to a code of practice are minor or technical only.
(12) A code of practice, renewed or approved, as the case may be, by the Minister under this section shall be laid before each House of the Oireachtas by the Local Government Management Agency and shall be published on a website maintained by or on behalf of the Minister or the Government.”.
Admissibility of evidence obtained under section 14, 14A or 14B
23. The Act of 1996 is amended by the insertion of the following section after section 14C (inserted by section 22):
“14D. (1) Evidence obtained under section 14, 14A or 14B—
(a) may be admitted as evidence in criminal proceedings, and
(b) shall not require the device from which it was obtained to be exhibited in court proceedings.
(2) Nothing in section 14, 14A or 14B is to be construed as prejudicing the admissibility of information or material obtained otherwise than as a result of operating a recording device under the provisions of this Act.
(3) Information obtained as a result of the operation of an approved CCTV scheme may be admitted as evidence in criminal proceedings notwithstanding any error or omission on the face of the approval given in respect of the scheme concerned, if the court, having regard in particular to the matters specified in subsection (4), decides that—
(a) the error or omission concerned was inadvertent, and
(b) the information ought to be admitted in the interests of justice.
(4) The matters referred to in subsection (3) are—
(a) whether the error or omission concerned was serious or merely technical in nature,
(b) the nature of any right infringed by the manner in which the information was obtained,
(c) whether there were circumstances of urgency relating to the giving of the approval, or
(d) the probative value of the information concerned.
(5) A failure to observe any provision of section 14, 14A or 14B or of any code of practice approved under section 14C on the part of any local authority or authorised person, shall not (without prejudice to the power of the court to exclude evidence) of itself affect the admissibility of any evidence thereby obtained.
(6) It shall be presumed, unless the contrary is shown, that—
(a) any device used in an approved CCTV scheme or any mobile recording device operated for the purposes of this Act is a device capable of producing accurate information or material without the necessity of proving that that device was in good working order,
(b) the information produced by the device, and any copies thereof, is accurate, and
(c) the device was operated in accordance with the relevant code of practice approved under section 14C in respect of its operation.
(7) A person who—
(a) falsifies, conceals, destroys or otherwise disposes of, information gathered by a recording device while it was or is being operated under this Act,
(b) permits the falsification, concealment, destruction or disposal, of such information, or
(c) knowingly causes damage to or destroys a recording device,
shall be guilty of an offence.
(8) A person shall not be guilty of an offence under subsection (7) where he or she—
(a) destroys or disposes, or
(b) permits the destruction or disposal,
of information gathered by a recording device in accordance with a code of practice approved under section 14C or otherwise in accordance with law.”.
Amendment of section 22 of Act of 1996
24. Section 22 of the Act of 1996 is amended—
(a) in subsection (6)(b), by the substitution of the following subparagraph for subparagraph (ix):
“(ix) appropriate qualitative or quantitative indicators and targets, including in respect of any or all of the following:
(I) the quantity of generated waste and its treatment;
(II) municipal waste that is disposed of or subject to energy recovery;
(III) the use of products and materials that have been re-used, re‑manufactured or repaired, or any combination thereof;”,
and
(b) by the substitution of the following subsection for subsection (9):
“(9) The Minister may make regulations relating to any matter to be set out or addressed in a waste management plan.”.
Amendment of section 27B of Act of 1996
25. Section 27B of the Act of 1996 is amended, in subsection (1), by the substitution of “section 22” for “Section 28”.
Amendment of section 34 of Act of 1996
26. (1) Section 34 of the Act of 1996 is amended—
(a) in subsection (3), by the substitution of “to refuse to grant the permit for stated reasons which may include the abandonment of the application by the applicant” for “to refuse to grant the permit”,
(b) in subsection (7)—
(i) in paragraph (b), by the substitution of “household waste or commercial waste” for “household waste” in each place where it occurs,
(ii) in paragraph (c)—
(I) in subparagraph (i), by the insertion of “or shall” after “may”,
(II) in subparagraph (iv), by the substitution of “is required to be delivered, or to which it is prohibited from being delivered,” for “is required to be delivered”,
(III) in subparagraph (viii), by the substitution of “concerned, and the form in which such records are to be kept and preserved and in which the information is to be supplied” for “concerned”,
(IV) in subparagraph (xxii)—
(A) by the substitution of “incorrect separation of waste in receptacles for segregated waste” for “incorrect separation of household waste from other waste in receptacles for segregated household waste”, and
(B) in clause (IV), by the substitution of “the receptacle;” for “the receptacle.”,
and
(V) by the insertion of the following subparagraphs after subparagraph (xxii):
“(xxiii) the achievement of such targets as may be specified in the permit in relation to recycling rates;
(xxiv) effecting and maintaining a record, document and data management system of such standard, or in accordance with such criteria, as the Minister may prescribe and which may include an electronic record, document and data management system;
(xxv) the requirement to collect waste where a waste service is not provided;
(xxvi) the requirement to effect and maintain a customer communication and awareness programme.”,
(iii) in paragraph (e), by the substitution of “household waste or commercial waste” for “household waste”,
(iv) in paragraph (f)—
(I) by the substitution of “transport of household waste or commercial waste, as the case may be,” for “transport of household waste”,
(II) in subparagraph (i)—
(A) by the substitution of “household waste or commercial waste, as the case may be, collected or transported, or both,” for “household waste collected or transported”, and
(B) by the substitution of “household waste or commercial waste, as the case may be, collected and transported” for “household waste collected and transported”,
and
(III) in subparagraph (iii), by the substitution of “household waste or commercial waste, as the case may be, incentivise waste prevention and segregation” for “waste incentivise household waste prevention and household waste segregation”,
and
(v) in paragraph (g)—
(I) in subparagraph (i), by the substitution of “household waste or commercial waste, as the case may be,” for “household waste” in each place where it occurs, and
(II) in subparagraph (ii), by the substitution of “household waste and commercial waste,” for “household waste”,
(c) in subsection (9)(a), by the substitution of “28 days” for “one month”,
(d) by the insertion of the following subsection after subsection (10A):
“(10B) A person shall not carry out any waste collection activity for, or on behalf of, the holder of a waste collection permit unless the person is an authorised waste collector.”,
(e) in subsection (11)(b)—
(i) by the insertion of the following subparagraph after subparagraph (iv):
“(iva) the bases upon which a local authority may consider an application to be abandoned;”,
and
(ii) by the insertion of the following subparagraph after subparagraph (x):
“(xa) requiring that a permit holder defray, or contribute towards, any costs incurred by the local authority or, as the case may be, the nominated authority (within the meaning of section 34B) concerned, in the ongoing maintenance of the waste collection permitting system;”,
and
(f) by the insertion of the following subparagraphs after subparagraph (xa) (inserted by paragraph (e)):
“(xb) targets in relation to recycling rates for permit holders;
(xc) standards or criteria, or both, in relation to record, document and data management by permit holders;”.
(2) The amendment effected by paragraph (c) of subsection (1) shall apply in respect of applications made under section 34 of the Act of 1996 after the coming into operation of that paragraph.
Amendment of section 34C of Act of 1996
27. Section 34C of the Act of 1996 is amended—
(a) in subsection (1), by the substitution of “subsection (7) or (9), or both,” for “subsection (7) ”,
(b) in subsection (3)—
(i) by the substitution of “household waste or commercial waste” for “household waste” in each place where it occurs, and
(ii) by the deletion of “within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011 ”,
(c) in subsection (6), by the substitution of “household waste or commercial waste” for “household waste”,
(d) in subsection (7), by the substitution of “household waste or commercial waste” for “household waste”,
(e) in subsection (8), by the substitution of “household waste or commercial waste” for “household waste”,
(f) by the insertion of the following subsections after subsection (8):
“(9) A local authority may establish and maintain a register of postcodes in respect of addresses in its functional area from which household waste or commercial waste is not—
(a) collected by an authorised waste collector,
(b) deposited at a waste facility, or
(c) otherwise disposed of or treated in accordance with this Act,
for the purposes of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act in relation to household waste or commercial waste.
(10) A local authority may, in performing its functions under this Act, use—
(a) the information specified in subsection (3) (a) that is provided to the local authority under subsection (2), and
(b) such data as is contained in a postcode database referred to in subparagraph (i) of paragraph (g) of section 65A(2) of the Act of 2011 that is provided to it pursuant to a licence referred to in the said paragraph (g),
for the purposes of establishing and maintaining a register under subsection (9).
(11) Where a local authority proposes to establish and maintain a register under subsection (9) in respect of its functional area, the chief executive of the local authority concerned shall satisfy himself or herself that the establishment and maintenance of the register is proportionate to, and necessary for, the purposes for which the register is to be so established and maintained.
(12) The chief executive of a local authority in respect of whose functional area a register is established and maintained under subsection (9)—
(a) may, at any time, and
(b) shall, not later than 5 years from the establishment of the register and thereafter at intervals of not more than 5 years from the date on which the chief executive was informed of the outcome of the immediately preceding review in accordance with subsection (13)(b),
cause a review of the register to be carried out by an authorised person.
(13) An authorised person carrying out a review pursuant to subsection (12) shall—
(a) consider—
(i) whether the register has been established and maintained, and the information contained therein used, in accordance with the guidance issued, revised or re-issued by the Minister under subsection (16),
(ii) the extent to which the maintenance of, and use of the information contained in, the register during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes for which the register has been established, and
(iii) such other matters that he or she considers appropriate having regard to the purposes for which the register has been established and is maintained,
and
(b) shall inform the chief executive, in writing, of the outcome of that review.
(14) Without prejudice to subsection (15), following a review carried out pursuant to subsection (12), the chief executive of the local authority shall decide whether the register is to continue to be maintained and where the chief executive decides that the register is to continue to be maintained, subsections (12) and (13) shall, with any necessary modifications, apply in respect of the register as so continued.
(15) The chief executive may at any time decide that a register established under subsection (9) is no longer to be maintained and, subject to Part 5 of the Data Protection Act 2018 , where the chief executive so decides, the local authority shall cease to maintain the register.
(16) The Minister shall issue guidance for the purpose of assisting local authorities in the establishment and maintenance of a register referred to in subsection (9) and the appropriate use of the information contained in such a register and may from time to time revise or re-issue that guidance.
(17) A local authority shall have regard to any guidance issued, revised or re-issued under subsection (16).
(18) (a) In establishing a register referred to in subsection (9), a local authority shall consult with its data protection officer and shall ensure that a data protection impact assessment within the meaning of section 84 of the Data Protection Act 2018 is carried out in accordance with that section.
(b) A local authority shall ensure that any such register is maintained, and the information contained therein is used, in compliance with Part 5 of the Data Protection Act 2018 .
(19) In this section—
‘Act of 2011’ means the Communications Regulation (Postal Services) Act 2011 ;
‘chief executive’ has the same meaning as it has in section 2 of the Local Government Act 2001 ;
‘data protection officer’ has the meaning given to it by section 88 (1) of the Data Protection Act 2018 ;
‘postcode’ has the meaning given to it by section 66 of the Act of 2011;
‘postcode database’ has the meaning given to it by section 65A(1) of the Act of 2011.”.
Amendment of section 73 of Act of 1996
28. Section 73 of the Act of 1996 is amended—
(a) in subsection (5C)—
(i) in paragraph (a), by the substitution of “paragraph (n) of section 12 (3) of the Act of 2022” for “paragraph (l) of section 72(6)”, and
(ii) by the substitution of the following paragraph for paragraph (b):
“(b) section 8 (7) of the Act of 2022.”,
and
(b) in subsection (8), by the substitution of “which regulations under section 11 (1) of the Act of 2022 may, by virtue of paragraphs (a), (c), (d) and (i) to (n) of section 12 (3) of that Act,” for “which regulations under section 72 may, by virtue of paragraphs (a), (c), (d) and (g) to (l) of subsection (6) of that section,”.
Waste recovery levy
29. The Act of 1996 is amended by the insertion of the following section after section 73:
“73A. (1) The Minister may, after consultation with such other Minister of the Government, if any, as the Minister considers appropriate, make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as, and in this section is referred to as, a ‘recovery levy’) in respect of—
(a) the carrying on of a specified class or classes of an activity referred to in the Fourth Schedule,
(b) the recovery by means of an activity referred to in the Fourth Schedule, or a specified class or classes of such activity, of a specified class or classes of waste,
(c) subject to subsection (2), the carrying on of an activity referred to in paragraph (a) and an activity referred to in paragraph (b), or
(d) the export of waste for recovery in so far as it relates to an activity referred to in any of paragraphs (a) to (c).
(2) Regulations under subsection (1)(c) shall not result in the recovery levy being payable twice in respect of a particular recovery of a particular quantity of waste.
(3) The amount of the recovery levy—
(a) shall be specified in the regulations under subsection (1),
(b) shall not exceed an amount of €120 per tonne, and
(c) may be specified in respect of the amount of waste sent for recovery or the amount of waste recovered.
(4) The Minister may—
(a) for the purposes of promoting either or both of the following:
(i) the prevention of the generation of waste;
(ii) the reduction of the quantity of waste recovered or sent for recovery by means of an activity referred to in subsection (1),
and
(b) subject to subsection (3)(b) and (5),
amend the amount of the recovery levy standing specified in regulations under subsection (1) once and once only in each financial year beginning with the financial year in which section 29 of the Act of 2022 comes into operation.
(5) The Minister shall, when amending the amount of recovery levy standing specified in regulations under subsection (1), substitute an amount that does not exceed the amount so standing specified by €50.
(6) Subject to subsection (3), regulations under subsection (1) may specify, in respect of the amount of the recovery levy payable under them, different amounts by reference to different activities referred to in any of paragraphs (a), (b) and (c) of subsection (1) in respect of which the recovery levy is so payable.
(7) The recovery levy shall be payable by—
(a) the person who carries on the waste recovery activity concerned, or
(b) where the waste is to be shipped for recovery, by the waste holder or such class of waste holder as may be prescribed.
(8) Where any amount of recovery levy becomes payable in accordance with regulations made under this section and is not paid, simple interest on the amount shall be paid by the person liable to pay the recovery levy and such interest shall be calculated from the date on which the recovery levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.
(9) Interest due in accordance with subsection (8) shall be payable to the Circular Economy Fund in the manner specified in the regulations under subsection (1) and the provisions of those regulations relating to the levy shall apply to the interest as if it were recovery levy.
(10) Interest paid in accordance with subsection (8) shall be treated as recovery levy for the purposes of—
(a) subsection (15), in relation to provision under that subsection for recovery levy by virtue of paragraph (n) of section 12 (3) of the Act of 2022, and
(b) section 8 (7) of the Act of 2022.
(11) Regulations under subsection (1) shall—
(a) provide that the recovery levy (not being levy chargeable by virtue of those regulations on the local authority) shall be payable to the local authority in whose functional area the waste recovery activity concerned is carried on, or, where the waste recovery activity is to take place outside of the State, the levy shall be payable to Dublin City Council, and
(b) confer on the local authority referred to in paragraph (a) powers with respect to the collection and recovery of the levy (and, for this purpose, the regulations may adapt, with or without modifications, the provisions of any enactment relating to the estimation, collection and recovery of, or the inspection of records or the furnishing of information in relation to, any tax charged or imposed by that enactment).
(12) Regulations under subsection (1) may, for the purpose referred to in subsection (13), restrict the extent to which a local authority may exercise a power to make a charge for the provision by it of any service in circumstances where, in the opinion of the Minister, such exercise is so as to enable the local authority to recoup amounts paid by it by way of recovery levy.
(13) The purpose referred to in subsection (12) is that of ensuring that the exercise of the power referred to in that subsection does not result in one or more categories of person paying a disproportionate amount of the total amount of charges a local authority could reasonably be expected to make in respect of the provision of services in the circumstances concerned.
(14) For so long as regulations under subsection (1) restrict the exercise of the power referred to in subsection (12), the enactment that confers that power shall be construed as if there were contained in it a provision the effect of which is to restrict the exercise of the power in the manner provided by the said regulations.
(15) Regulations under subsection (1) may provide, in relation to recovery levy, for all the matters which regulations under section 11 (1) of the Act of 2022 may, by virtue of paragraphs (a), (c), (d) and (i) to (n) of section 12 (3) of that Act, provide in relation to levy under section 11 and those paragraphs shall, accordingly, apply for the purposes of this section with any necessary modifications (including such modifications as will enable like provision with respect to the payment into the Circular Economy Fund of amounts received by a local authority on account of recovery levy to be made with respect to recovery levy chargeable on the local authority itself).
(16) A person who fails—
(a) to pay recovery levy which is due and payable by virtue of regulations under subsection (1), or
(b) to comply with a provision of regulations under subsection (1),
shall be guilty of an offence.”.
Powers to make regulations in respect of end-of-waste and by-products processes
30. The Act of 1996 is amended by the insertion of the following section after section 75:
“75A. (1) The Minister may make regulations in relation to notifications to the Agency under Regulation 27 or 28 of the European Union (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 ) (in this section referred to as a “notification”) and determinations or decisions, as the case may be, further to such notifications.
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any or all of the following:
(a) the form and content of a notification under the said Regulation 27 seeking a determination or under the said Regulation 28 seeking a decision and provision may be made for different forms and content for different circumstances or classes of circumstances or for different cases or classes of cases;
(b) the time within which a notification is to be made;
(c) the particulars, including, plans, documents and other information, to be submitted to the Agency for the purposes of the notification and the period within which they are to be submitted;
(d) requirements in relation to the submission by the person making that notification of such additional information or particulars relating to the notification to the Agency, including the period within which such additional information or particulars are to be submitted;
(e) the processing by the Agency of notifications;
(f) requirements in relation to the person making a notification defraying or contributing towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to the notification;
(g) the storage, movement, disposal, or other handling or processing of any material that is the subject of a notification either before or after a determination or decision, as the case may be, is made in respect of the notification;
(h) the nature of materials, including restrictions on particular materials, in respect of which a notification may be made;
(i) the circumstances in which the Agency or other public authority or body, as the case may be, may reject or refuse to consider a notification;
(j) the circumstances in which the Agency may waive the requirement for a notification;
(k) the attachment by the Agency of conditions to a determination or decision;
(l) the establishment and maintenance by the Agency of a register or registers in respect of such materials or classes of materials as may be specified in the regulations, and the conditions to be satisfied in respect of those materials or classes of materials in order to be registered;
(m) such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations.
(3) Regulations made under subsection (1) may provide for—
(a) the payment of fees,
(b) exemption from the payment of fees, or
(c) the waiver, remission, or refund (in whole or in part) of fees,
and different fees, exemptions, waivers, remissions or refunds may be provided for in different circumstances or classes of circumstances or for different cases or classes of cases.
(4) Where, under regulations made under subsection (1), a fee is payable in respect of a notification, the notification shall be deemed not to have been made until the date on which the Agency receives the fee.
(5) A person who, in relation to any matter to which regulations under this section relates, makes a statement in writing which, to his knowledge is false or misleading in a material respect, shall be guilty of an offence.
(6) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.”.
PART 4
Amendments to Act of 1997
Amendment of section 2 of Act of 1997
31. Section 2 of the Act of 1997 is amended by the insertion of the following definitions:
“‘Act of 2022’ means the Circular Economy and Miscellaneous Provisions Act 2022;
‘approval’, in relation to a proposal under section 23A, means an approval given under section 23A(5) or renewed under section 23A(11) in respect of the CCTV scheme which is the subject of the proposal;
‘approved CCTV scheme’ means a CCTV scheme which is the subject of a proposal in respect of which an approval is in being;
‘authorised person’ means a person who is appointed in writing by a local authority to be an authorised person for the purposes of this Act or any provisions thereof as the local authority determines;
‘automatic number plate recognition device’ means a device which engages an automated method of recognising vehicle registration plates from a camera image;
‘biometric data’ has the meaning given to it by section 69 (1) of the Data Protection Act 2018 ;
‘CCTV scheme’ has the meaning given to it by section 23A(1);
‘closed circuit television’ or ‘CCTV’ means a system of recording devices the signals of which are not made publicly available but are monitored, or are capable of being monitored, by a local authority;
‘code of practice’ means a code of practice approved by the Minister in accordance with section 23B and includes part of a code of practice;
‘facial recognition device’ means a device or system of devices which, through automated use of biometric data, matches or categorises facial images captured by the device;
‘operation’, in relation to closed circuit television, includes the maintenance and monitoring of closed circuit television;
‘recording device’ means a device that is capable of recording or processing, or both, visual images or audio, or both, on any medium, from which a visual image or moving visual images may be produced and includes any accompanying document, and, where only visual images or moving visual images are concerned, includes any sound accompanying those images but does not include automatic number plate recognition devices or facial recognition devices;”.
Operation of CCTV for certain purposes
32. (1) The Act of 1997 is amended by the insertion of the following section after section 23:
“23A. (1) An authorised person may submit a proposal in accordance with subsection (4) for the installation and operation of closed circuit television in the functional area of, or any particular area within the functional area of, a local authority (in this section referred to as ‘a CCTV scheme’), for the purposes of—
(a) deterring environmental pollution, and
(b) facilitating the deterrence, prevention, detection and prosecution of offences under this Act.
(2) A proposal made under subsection (1) shall include—
(a) details of the location, number and technical specification of the devices to be used in the CCTV scheme,
(b) details of the geographical areas to be covered by the CCTV scheme,
(c) a plan prepared for the purposes of this paragraph in accordance with subsection (3) in respect of the CCTV scheme, and
(d) such other matters referred to in the code of practice approved under section 23B in respect of the operation of this section that relate to the installation and operation of the CCTV scheme.
(3) A plan prepared for the purposes of subsection (2) (c)—
(a) shall contain details of the arrangements proposed in respect of—
(i) the monitoring, recording and disclosure of the images, sounds or documents, produced pursuant to the CCTV scheme, and
(ii) the preservation of recordings made and documents produced pursuant to that scheme,
(b) shall include a data protection impact assessment in respect of the CCTV scheme carried out in accordance with section 84 of the Data Protection Act 2018, and
(c) shall comply with—
(i) Part 5 of the Data Protection Act 2018, and
(ii) the code of practice approved under section 23B for the purposes of the operation of this section.
(4) A proposal under subsection (1) shall be submitted to the chief executive of the local authority in whose functional area, or part thereof, the proposed CCTV scheme is to operate and he or she shall decide whether or not to approve the proposal.
(5) Subject to subsections (6) to (8), the chief executive—
(a) may approve, or approve, subject to such modifications, terms and conditions (if any) as he or she considers appropriate, a proposal submitted to him or her under this section, and
(b) where he or she approves a proposal, whether with or without modifications, terms and conditions, he or she shall specify the date on which the approval expires.
(6) In deciding whether or not to approve a proposal under subsection (5), in considering what, if any, modifications, terms and conditions are appropriate and in specifying the date on which the approval is to expire, the chief executive shall consider the extent to which the proposal is proportionate to, and necessary for, the purposes referred to in subsection (1) and he or she shall not approve a proposal unless he or she is satisfied that the proposal is proportionate to, and necessary for, those purposes.
(7) Where the chief executive approves a proposal under subsection (5)—
(a) the approval shall—
(i) be in writing,
(ii) set out such modifications, terms and conditions (if any) as he or she considers appropriate, and
(iii) state the date on which the approval shall expire,
and
(b) the CCTV scheme to which the approval relates shall be operated in accordance with the approval and with the code of practice approved under section 23B for the purposes of the operation of this section.
(8) Subject to subsections (11), (12) and (13), an approval given under subsection (5) shall expire not later than the date that is 5 years from the date on which the approval was given.
(9) The chief executive of a local authority in whose functional area, or part of whose functional area, an approved CCTV scheme is in operation—
(a) may, at any time, and
(b) shall, not later than 5 years from the date on which the approval in respect of the CCTV scheme was given under subsection (5) and thereafter at intervals of not more than 5 years from the date of the immediately preceding review,
cause a review of the operation of that scheme to be carried out by an authorised person.
(10) An authorised person carrying out a review pursuant to this section shall consider—
(a) whether the approved CCTV scheme is being operated—
(i) in accordance with the approval in respect of the scheme, and
(ii) in compliance with the code of practice approved under section 23B for the purposes of the operation of this section,
(b) the extent to which the operation of the scheme during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes referred to in subsection (1), and
(c) such other matters that he or she considers appropriate having regard to the purposes referred to in subsection (1).
(11) Without prejudice to subsection (12), following a review carried out under subsection (10), the chief executive shall decide whether to—
(a) renew the approval given in respect of the scheme, subject to such modifications, terms and conditions, if any, as he or she considers appropriate, or
(b) revoke the approval,
and subsections (6) to (10) shall, with any necessary modifications, apply in respect of the decision of the chief executive under this subsection and, where renewed, the approval as so renewed.
(12) The chief executive may at any time revoke an approval where the CCTV scheme to which the approval relates has been operated otherwise than—
(a) in accordance with the approval, or
(b) in accordance with the code of practice for the time being approved under section 23B for the purposes of the operation of this section.
(13) Where, in relation to an approved CCTV scheme, it is proposed that there are to be changes to the scheme, other than repairs or modifications that do not alter the extent of the coverage of the scheme or the capability of the devices used in the scheme an authorised person shall make a proposal under subsection (1) in respect of those changes and this section shall apply, with any necessary modifications, in respect of that proposal and where an approval is given in respect of that new proposal, the existing approval shall be revoked.
(14) Where an approval—
(a) expires and is not renewed, or
(b) is revoked by the chief executive under this section,
the local authority shall, not later than one month after the date on which the approval expired or is revoked, as the case may be, terminate the operation of the CCTV scheme concerned.
(15) Notice of the approval, review or revocation of a proposal under this section shall be published on the website of the local authority concerned.
(16) In this section, ‘chief executive’ has the same meaning as it has in section 2 of the Local Government Act 2001 .”.
(2) The Minister shall not make an order under section 1(2) for the purposes of bringing subsection (1) into operation until such time as a code of practice in respect of the operation of section 23A (inserted by subsection (1)) of the Act of 1997 has been approved by the Minister under section 23B (inserted by section 33) of that Act and laid before each House of the Oireachtas in accordance with that section.
Code of practice for purposes of section 23A
33. The Act of 1997 is amended by the insertion of the following section after section 23A (inserted by section 32 ):
“23B. (1) The Local Government Management Agency shall, as soon as practicable after the coming into operation of section 33 of the Act of 2022, prepare and submit to the Minister for his or her approval a draft code of practice for the purposes of setting standards for the operation of section 23A.
(2) A draft code of practice referred to in subsection (1) shall include provisions in relation to the following:
(a) the procedures and standards to be followed in the operation of section 23A including in the installation of devices to be used in a CCTV scheme;
(b) confidentiality, security, storage, access to, retention, deletion and any other processing of, data gathered in accordance with section 23A;
(c) the circumstances in which data gathered under section 23A is to be disposed of or destroyed;
(d) the rights of data subjects in so far as they relate to the operation of section 23A;
(e) such other matters, if any, related to the operation of section 23A that the Local Government Management Agency considers appropriate,
and the code of practice may contain different provisions in relation to different types of devices or systems, in relation to different categories of persons and in relation to the different circumstances in which such devices or systems are operated.
(3) In preparing a draft code of practice under this section, the Local Government Management Agency—
(a) shall carry out or cause to be carried out on its behalf an assessment of the likely impact on data subjects of the types of processing of personal data contemplated by section 23A,
(b) shall ensure that the assessment referred to in paragraph (a) contains the following:
(i) a general description of the type of processing operations to which the assessment relates;
(ii) an assessment of the potential risks to the rights and freedoms of data subjects as a result of that processing;
(iii) a description of any safeguards, security measures or mechanisms proposed to be implemented by the local authority to mitigate any risk referred to in subparagraph (ii) and to ensure the protection of personal data in relation to the types of processing contemplated by section 23B,
and
(c) shall ensure that the draft code takes account of the assessment referred to in paragraph (a).
(4) Before submitting a draft code of practice to the Minister under this section, the Local Government Management Agency—
(a) shall consult with—
(i) the Minister,
(ii) the Minister for Housing, Local Government and Heritage,
(iii) the Minister for Justice, and
(iv) the Data Protection Commission,
(b) shall provide the assessment referred to in subsection (3) to the persons referred to in paragraph (a) before consulting with those persons, and
(c) may consult with any other person or body appearing to the Local Government Management Agency to have an interest in the operation of section 23A and such other person that the Minister may direct.
(5) The Minister may approve, with or without modifications, a code of practice submitted to him or her under this section.
(6) The Local Government Management Agency shall ensure that a code of practice approved by the Minister under this section is reviewed by it on a regular basis with the first review to be not later than 5 years from the date on which the code is first approved by the Minister, and, in the case of each subsequent review, not later than 5 years from the date of the previous review.
(7) The Local Government Management Agency shall consult with the persons referred to in subsection (4) when conducting a review under subsection (6).
(8) The Minister shall be informed in writing of the outcome of a review under subsection (6).
(9) The Local Government Management Agency, following a review under subsection (6) or at any other time that it considers appropriate, may submit a further draft code of practice to the Minister to amend, revoke or replace, an existing code of practice, or to create a new code of practice or may request the Minister to renew the code which was the subject of the review.
(10) Subject to subsection (11), subsections (2) to (9) shall apply in relation to a draft code of practice submitted to the Minister under subsection (9) or to a request to renew an existing code as they apply to a draft code of practice submitted to the Minister under subsection (1).
(11) Subsection (10) shall not apply where the amendments being made to a code of practice are minor or technical only.
(12) A code of practice renewed or approved, as the case may be, by the Minister under this section shall be laid before each House of the Oireachtas by the Local Government Management Agency and shall be published on a website maintained by or on behalf of the Minister or the Government.”.
Admissibility of evidence obtained under section 23A
34. The Act of 1997 is amended by the insertion of the following section after section 23B (inserted by section 33 ):
“23C. (1) Evidence obtained under section 23A—
(a) may be admitted as evidence in criminal proceedings, and
(b) shall not require the device from which it was obtained be exhibited in court proceedings.
(2) Nothing in section 23A is to be construed as prejudicing the admissibility of information or material obtained otherwise than as a result of operating a recording device under the provisions of this Act.
(3) Information obtained as a result of the operation of an approved CCTV scheme may be admitted as evidence in criminal proceedings notwithstanding any error or omission on the face of the approval given in respect of the scheme concerned, if the court, having regard in particular to the matters specified in subsection (4), decides that—
(a) the error or omission concerned was inadvertent, and
(b) the information ought to be admitted in the interests of justice.
(4) The matters referred to in subsection (3) are—
(a) whether the error or omission concerned was serious or merely technical in nature,
(b) the nature of any right infringed by the manner in which the information was obtained,
(c) whether there were circumstances of urgency relating to the giving of the approval, or
(d) the probative value of the information concerned.
(5) A failure to observe any provision of section 23A or of any code of practice approved under section 23B on the part of any local authority or authorised person, shall not (without prejudice to the power of the court to exclude evidence) of itself affect the admissibility of any evidence thereby obtained.
(6) It shall be presumed, unless the contrary is shown, that—
(a) any device used in an approved CCTV scheme for the purposes of this Act is a device capable of producing accurate information or material without the necessity of proving that that device was in good working order,
(b) the information produced by the device, and any copies thereof, is accurate, and
(c) the device was operated in accordance with the relevant code of practice approved under section 23B in respect of its operation.
(7) A person who—
(a) falsifies, conceals, destroys or otherwise disposes of, information gathered by a recording device while it was or is being operated under this Act,
(b) permits the falsification, concealment, destruction or disposal, of such information, or
(c) knowingly causes damage to or destroys a recording device,
shall be guilty of an offence.
(8) A person shall not be guilty of an offence under subsection (7) where he or she—
(a) destroys or disposes, or
(b) permits the destruction or disposal,
of information gathered by a recording device in accordance with a code of practice made under section 23B or otherwise in accordance with law.”.
Amendment of section 24 of Act of 1997
35. Section 24 of the Act of 1997 is amended by the substitution of “under this Act, other than under section 23C,” for “under this Act” in each place where it occurs.
Amendment of section 28 of Act of 1997
36. Section 28 of the Act of 1997 is amended in subsection (1) (b) by the substitution of “€250” for “€150”.
PART 5
Natural Resources
Chapter 1
Amendment of Minerals Development Act 1940
Amendment of section 8 of Minerals Development Act 1940
37. Section 8 of the Minerals Development Act 1940 is amended by the insertion of the following subsection after subsection (1):
“(1A) A prospecting licence granted by the Minister under this section after the coming into operation of section 37 of the Circular Economy and Miscellaneous Provisions Act 2022 shall not permit prospecting for coal, lignite or oil shale.”.
Chapter 2
Amendments to Minerals Development Act 2017
Amendment of section 17 of Minerals Development Act 2017
38. Section 17 of the Minerals Development Act 2017 is amended by the insertion of the following subsection after subsection (3):
“(4) A prospecting licence granted by the Minister under this section after the coming into operation of section 38 of the Circular Economy and Miscellaneous Provisions Act 2022, shall not permit prospecting for coal, lignite or oil shale.”.
Amendment of section 65 of Minerals Development Act 2017
39. Section 65 of the Minerals Development Act 2017 is amended by the substitution of “specified minerals other than coal, lignite and oil shales” for “specified minerals”.
Amendment of section 66 of Minerals Development Act 2017
40. Section 66 of the Minerals Development Act 2017 is amended by the substitution of “additional minerals other than coal, lignite and oil shales” for “additional minerals”.
PART 6
Amendment of Environmental Protection Agency Act 1992
Amendment of section 87 of Environmental Protection Agency Act 1992
41. Section 87 of the Environmental Protection Agency Act 1992 is amended—
(a) in subsection (1A), in paragraph (b) of the definition of “application for permission”, by the insertion of “181(2A),” after “177AE,”,
(b) in subsection (1B)—
(i) by the insertion of “or that involves development that is carried out or is proposed to be carried out by or on behalf of a Minister of the Government pursuant to an order made, or proposed to be made, under section 181(2)(a) of the Act of 2000 (in this section referred to as a ‘section 181(2)(a) order’),” after “grant of permission is required”,
(ii) in paragraph (a)(ii), by the insertion of “or was exempted, in accordance with that Act, from being so required” after “Act of 2000”, and
(iii) in paragraph (b)—
(I) by the insertion of “, or where a section 181(2)(a) order has been made, a copy of that order,” after “by the planning authority concerned or An Bord Pleanála”, and
(II) in subparagraph (ii), by the insertion of “or was exempted, in accordance with that Act, from being so required” after “Act of 2000”,
(c) by the substitution of the following subsection for subsection (1C):
“(1C) Where an application for a licence is made to the Agency in respect of an activity referred to in subsection (1B) but the applicant does not comply with that subsection, the Agency shall refuse to consider that application and shall inform the applicant accordingly.”,
(d) in subsection (1D), by the substitution of the following paragraph for paragraph (d):
“(d) ensure that—
(i) a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence, or
(ii) a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for the licence relates or An Bord Pleánala has refused to grant approval under section 181(2L) of the Act of 2000 in respect of the development before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence.”,
(e) in subsection (1E)—
(i) in paragraph (a)(i), by the insertion of “or by an approval granted under section 181(2L) of the Act of 2000, as the case may be,” after “referred to in subsection (1B)(b) ”, and
(ii) in paragraph (a) (ii), by the insertion of “or an approval granted under section 181(2L) of the Act of 2000, as the case may be,” after “referred to in subsection (1B)(b) ”,
(f) in subsection (2), by the insertion of the following paragraph after paragraph (aa):
“(ab) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,”, and
(g) in subsection (8) (a)—
(i) in subparagraph (iia), by the substitution of “An Bord Pleanála,” for “An Bord Pleanála.”, and
(ii) by the insertion of the following subparagraph after subparagraph (iia):
“(iib) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,”.
PART 7
Amendment of Electricity Regulation Act 1999
Amendment of Electricity Regulation Act 1999
42. The Electricity Regulation Act 1999 is amended—
(a) in section 11(1), by the insertion of “or a registration granted under Part IIIA” after “authorisation”;
(b) in section 12, by the insertion of “or a registration granted under Part IIIA” after “authorisation”, and
(c) by the insertion of the following Part after section 28:
“PART IIIA
Registration of market participants that are not electricity undertakings
Interpretation (Part IIIA)
28A. In this Part—
‘active customer’ means a final customer, or a group of jointly acting final customers, who consumes or stores electricity generated within its premises located within confined boundaries or, where so provided for in rules made by the Commission in that regard under Regulation 10 of the Regulations of 2022, within other premises, or who sells self-generated electricity or participates in flexibility or energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;
‘electricity activity’ means—
(a) in relation to a relevant market participant other than a relevant market participant that is an active customer or a citizen energy community, an activity referred to in the definition of “market participant” in Article 2(25) of the 2019 Internal Electricity Market Regulation,
(b) in relation to a relevant market participant that is an active customer, an activity referred to in the definition of “active customer” in Regulation 2(1) of the Regulations of 2022, and
(c) in relation to a relevant market participant that is a citizen energy community, an activity referred to in paragraph (c) of the definition of “citizen energy community” in section 2(1).
‘Register’ means the register established and maintained under section 28AB;
‘registration’ means a registration granted to a relevant market participant by the Commission under section 28AE;
‘Regulations of 2022’ means the European Union (Renewable Energy) Regulations 2022 ( S.I. No. 76 of 2022 );
‘relevant market participant’ means a market participant that is not an electricity undertaking;
‘terms and conditions’ means terms and conditions specified in a registration for the purpose of ensuring compliance by a relevant market participant with the obligations referred to in Article 59(1)(b) of the 2019 Internal Electricity Market Directive in so far as those obligations relate to the relevant market participant.
Register of relevant market participants
28AB. (1) The Commission shall establish and maintain a register of relevant market participants registered under this Part which shall, in particular, include—
(a) the name of the relevant market participant,
(b) the names, addresses and contact numbers of relevant contact persons, including, in the case of a body corporate, the names, addresses and contact details of the directors of the company,
(c) the address of the relevant market participant or in the case of a body corporate, its registered office,
(d) the electricity activity that is the subject of the registration,
(e) the date on which the relevant market participant will commence the electricity activity that is the subject of the registration.
(2) The Register may be in book form, electronic form or such other form as the Commission may determine.
(3) The holder of a registration to which an entry in the Register relates, shall as soon as practicable after the holder becomes aware of any error in the entry, or any change in circumstances that is likely to have a bearing on the accuracy of the entry, give notice in writing to the Commission of the error, or change in circumstances, as the case may be.
Registration for purpose of engaging in electricity activity
28AC. (1) Subject to subsection (2), a relevant market participant who wishes to engage in an electricity activity may not engage in the activity unless the relevant market participant has been registered under this Part in respect of that activity.
(2) (a) The Commission may, by order, specify—
(i) a class or classes of relevant market participant who are not required to be registered under this Part, or
(ii) a class or classes of electricity activity the engaging in which by relevant market participants does not require the relevant market participants to be registered under this Part,
or both.
(b) In specifying a class or classes of relevant market participant for the purposes of paragraph (a)(i), the Commission shall have regard to—
(i) the obligations of the class or classes of relevant market participant concerned were the class or classes concerned to be required to register, and
(ii) the requirements of Regulations 3(2)(a) and 7(3)(b) of the Regulations of 2022.
(c) In specifying a class or classes of electricity activity for the purposes of paragraph (a)(ii), the Commission shall specify the class or classes by reference to the scale of the class or classes of electricity activities concerned.
(d) The Commission may by order amend or revoke an order under this subsection.
(e) The Commission shall not make an order under this subsection unless a notice of intention to make such an order is published on its website at least one month before the making of the order.
(f) The draft order shall be published by the Commission in such manner as it shall determine, so as to bring it to the attention of those likely to be affected by it and the notice of intention published under paragraph (e) shall state the manner in which a copy of the draft order may be obtained.
(3) An application to be registered shall be made in accordance with section 28AD.
Application for registration
28AD. (1) An application by a relevant market participant for registration under this Part shall—
(a) be in writing,
(b) specify—
(i) the name of the relevant market participant proposing to engage in the electricity activity that is to be the subject of the registration, including, in the case of a body corporate, the company registration number,
(ii) the names, addresses and contact numbers of relevant contact persons including, in the case of a body corporate, the names, addresses and contact details of the directors of the company,
(iii) the address of the relevant market participant or in the case of a body corporate, the address of its registered office,
(iv) the electricity activity that is to be the subject of the registration,
(v) the date on which it is estimated that the relevant market participant will commence the electricity activity that is to be the subject of the registration,
(c) be in such form, contain such other information and be accompanied by such documents, if any, as the Commission shall specify on its website in accordance with subsection (3), and
(d) be accompanied by such fee as the Commission may determine.
(2) The Commission may request an applicant to provide it with such additional information and documents as the Commission may reasonably request for the purpose of the application and where such a request is made the applicant shall provide such information and documents to the Commission.
(3) The Commission shall publish on its website the procedures for making an application under this section and any other requirements relating to the making of such an application.
Consideration of application by Commission
28AE. (1) The Commission shall grant an application for registration duly made in accordance with section 28AD by a relevant market participant who is required, pursuant to section 28AC, to be registered, unless the Commission is satisfied, having regard to the application and the information and documentation (if any) provided to it under section 28AD, that the relevant market participant concerned would, if registered, not be able to comply with the terms and conditions to be specified in the registration.
(2) Where an application for registration is granted, the registration granted shall be subject to such terms and conditions as may be specified in the registration and the Commission shall—
(a) record the appropriate particulars in the Register, and
(b) issue the relevant market participant with a registration permitting it to engage in the electricity activity concerned in accordance with the registration and the terms and conditions specified therein.
(3) (a) Where the Commission proposes to refuse an application for registration it shall give a written notice of the proposal to refuse to the relevant market participant concerned and the notice shall—
(i) state the reasons for the proposal to refuse, and
(ii) specify the period (being not less than 28 days from the date on which the notice is given) within which representations or objections with respect to the proposal to refuse may be made.
(b) The Commission shall consider such representations or objections, if any, as are made under paragraph (a) and not withdrawn and shall respond in writing to the relevant market participant concerned in respect of any such representations and objections within a reasonable period of the Commission having received them.
(c) Where the Commission, having considered such, if any, representations or objections referred to in paragraph (b), decides to refuse to grant the application, it shall give a written notice of the decision to the applicant accordingly and such notice shall state the reasons for the decision and inform the applicant that it may, within a period of 28 days from the date the notice is given, appeal the decision to the Circuit Court.
(d) On hearing an appeal under paragraph (c) in relation to the decision of the Commission to refuse to grant the application, the Court may either confirm the decision or allow the appeal and where the appeal is allowed, the Commission shall grant the application and subsection (2) shall apply accordingly.
Modification of registration
28AF. (1) Where the Commission is of the opinion that a registration granted to a relevant market participant under this Part, including any terms and conditions specified in the registration, should be modified, it may make such modification in accordance with this section.
(2) Where the Commission proposes to make a modification under subsection (1), it shall serve a written notice of the proposal on the relevant market participant concerned and the notice shall—
(a) state the nature of the modification,
(b) state the date on which it is proposed the modification is to come into effect, which date shall be stated to be subject to the making of representations or objections or the taking of an appeal, under this section in respect of the modification,
(c) state the reasons for the modification, and
(d) specify the period (being not less than 28 days from the date on which the notice is given) within which representations or objections with respect to the modification may be made.
(3) The Commission shall consider any representations or objections which are made under subsection (2) (d) and not withdrawn and shall respond in writing to the relevant market participant concerned in respect of any such representations and objections within a reasonable period of the Commission having received them.
(4) The Commission, having considered such, if any, representations and objections referred to in subsection (3) shall decide whether or not to make the modification proposed under subsection (2), and, where representations or objections are made and the Commission considers, on foot of those representations or objections, that a modification other than that proposed should be made, it may decide to make that other modification.
(5) The Commission shall give the relevant market participant a written notice of its decision under subsection (4) and, where its decision is to make the modification proposed under subsection (2) or to make, in accordance with subsection (4), a modification other than that modification, the notice shall state the reasons for that decision and shall inform the relevant market participant of the matters set out in subsections (6) to (8).
(6) A modification under this section shall come into effect on the day that is 28 days after the date on which the notice referred to in subsection (5) is given, unless an appeal is made under subsection (7), in which case the modification shall not come into effect unless confirmed in accordance with that subsection in which case it shall come into effect in accordance with subsection (8).
(7) A relevant market participant may, not later than 28 days from the date on which a notice is given under subsection (5), appeal to the Circuit Court and on hearing an appeal under this subsection the Court may confirm or vary the modification or allow the appeal and cancel the modification.
(8) Where an appeal is taken under subsection (7), the modification shall, unless cancelled by the Court, come into effect on the day next following the day on which the modification is confirmed or varied, on appeal or the appeal is withdrawn, or on such day as is specified by the Court, whichever is later.
Functions of Commission for purpose of ensuring compliance by relevant market participant with registration
28AG. (1) The Commission shall monitor, in accordance with this Act, the compliance by relevant market participants with registrations granted to them and any terms and conditions specified in those registrations (in this section referred to as ‘obligations’).
(2) If, in the opinion of the Commission, a relevant market participant may not be, or is likely to not be, complying with its obligations, the Commission may give a written notice in accordance with subsection (3) to the relevant market participant concerned.
(3) A notice under subsection (2) shall—
(a) specify the acts or omissions that in the opinion of the Commission, may constitute, or would be likely to constitute, a failure to comply with the registration concerned, and
(b) specify the period (being not less than 28 days from the date on which the notice is given) within which representations or objections may be made.
(4) The Commission shall consider any representations or objections which are made under subsection (3) and not withdrawn.
(5) The Commission, having considered any representations or objections, referred to in subsection (4), may make a determination that a relevant market participant is not complying with its obligations.
(6) The Commission may issue a direction to a relevant market participant where it has made a determination under subsection (5) that a relevant market participant is not complying with its obligations.
(7) A direction issued under subsection (6) shall specify the acts or omissions that in the opinion of the Commission constitute the failure by the relevant market participant to comply with its obligations and shall direct the relevant market participant to take, within the period of time specified in the direction, such remedial actions as are specified in the direction.
(8) As soon as practicable after giving a direction under subsection (6), the Commission shall give a written notice of the direction to the relevant market participant concerned.
(9) A relevant market participant may make representations or objections to the Commission in respect of a direction issued to it under subsection (6) within a period of 28 days from the date on which the notice of the direction is given.
(10) The Commission shall consider any representations or objections made to it in accordance with subsection (9) and shall respond in writing to the relevant market participant concerned in respect of any such representations or objections within a reasonable period of the Commission having received them.
(11) The Commission may withdraw a direction and where it does so it shall give a written notice of the withdrawal to the relevant market participant concerned that sets out the effect of the withdrawal.
(12) A relevant market participant that is aggrieved by a direction issued to it under subsection (6) may—
(a) if no representations or objections are made under subsection (9), within the period of 28 days from the date on which the notice of the direction is given, or
(b) if representations or objections are made under subsection (9), within the period of 28 days from the date of the response of the Commission in respect of those representations or objections,
appeal to the Circuit Court against the direction, and in determining the appeal, the Court may make such order as it considers appropriate, including to confirm, vary or revoke the direction.
(13) Where a relevant market participant fails to comply in full or in part with a direction issued under subsection (6) within the period specified in the direction or fails to cooperate with the Commission with regard to the direction, and the period within which an appeal may be made under subsection (12) has passed, the Commission may apply to the Circuit Court for an order directing the relevant market participant to comply with the direction.
(14) Where a direction is issued to a relevant market participant under subsection (6) (in this subsection referred to as the ‘current direction’) and a direction under this section has previously been issued to the market participant concerned (in this subsection referred to as the ‘previous direction’) in circumstances where—
(a) the previous direction was not withdrawn or revoked by the Circuit Court under this section, or
(b) an appeal in respect of the previous direction is not awaiting determination by the Circuit Court under this section,
the Commission may, where it considers it necessary to do so, temporarily suspend the registration of the relevant market participant concerned in accordance with this section until the non-compliance with the obligations which is the subject of the current direction has been rectified, and where it does so the Commission shall give a written notice, in accordance with this section, to the relevant market participant of the temporary suspension and the relevant market participant shall not engage in the activity during the period of the temporary suspension.
(15) Where the Commission proposes to temporarily suspend a registration, it shall give a written notice to the relevant market participant concerned of the proposal and the notice shall—
(a) state the reasons for the proposed temporary suspension, and
(b) specify the period (being not less than 28 days from the date on which the notice is given) within which representations or objections with respect to the proposal may be made.
(16) The Commission shall consider such representations or objections, if any, as are made under subsection (15)(b) and shall respond in writing to the relevant market participant concerned in respect of any such representations and objections within a reasonable period of the Commission having received them.
(17) Where the Commission, having considered such, if any, representations or objections as are made under subsection (15)(b), decides to temporarily suspend a registration, it shall give a written notice to the relevant market participant concerned of the decision and that notice shall state the reasons for the decision.
(18) Where the Commission decides to temporarily suspend a registration, the relevant market participant concerned may, not later than 28 days from the date of the notice referred to in subsection (17) is given, appeal to the Circuit Court.
(19) On hearing an appeal under subsection (18), the Circuit Court may either confirm or vary the decision of the Commission or allow the appeal and annul the decision.
(20) Where an appeal is taken under subsection (18), the decision of the Commission under subsection (17) shall, unless cancelled by the Circuit Court, take effect on the day following the day on which the decision is confirmed on appeal or the appeal is withdrawn, or on such day as is specified by the Circuit Court, whichever is later.
(21) Where no appeal is made under subsection (18), the decision of the Commission under subsection (17) shall take effect on the day on which the time allowed for an appeal has elapsed.
(22) Any decision of the Circuit Court on an appeal under subsection (18) shall be final, save that, an appeal from the decision may be made to the High Court on a specified point of law.
(23) Sections 23 to 26 shall not apply in respect of the holder of a licence or an authorisation in respect of the obligations of such a person that arise by reason of holding a registration granted under this Part.”.
1 O.J. No. L.115, 6.5.2015, p. 11
2 O.J. No. L.155, 12.6.2019, p. 1
3 O.J. No. L.312, 22.11.2008, p. 3
4 O.J. No. L.158, 14.6.2019, p.125
5 O.J. No. L.396, 30.12.2006, p. 1
S.I. No. 149/2014 –
European Union (Waste Electrical and Electronic Equipment) Regulations 2014.
EUROPEAN UNION (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2014
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th March, 2014.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment, hereby make the following Regulations:
PART I
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Union (Waste Electrical and Electronic Equipment) Regulations 2014.
Purpose of Regulations
2. The purpose for which these Regulations are made is to give effect to the provisions of European Parliament and Council Directive 2012/19/EU on waste electrical and electronic equipment in order to contribute to sustainable production and consumption by, as a first priority, the prevention of waste electrical and electronic equipment and, in addition, by the preparing for re-use, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste and to contribute to the efficient use of resources and the retrieval of valuable secondary raw materials.
Interpretation of Regulations
3. In these Regulations, save where the context otherwise requires—
“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);
“active implantable medical device” means an active implantable medical device within the meaning of point (c) of Article 1(2) of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices which is electrical and electronic equipment (EEE);
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“all reasonable times” means all times when members of the public have access to a place where electrical and electronic equipment is distributed;
“approved body” means an appropriate body corporate approved by the Minister in accordance with regulation 33;
“approved preparing for re-use of WEEE organisation” means a preparing for re-use of electrical and electronic equipment organisation approved and registered by the national registration body for the purposes of regulation 17(3);
“authorised facility” means a facility that has been granted a waste/site authorisation in the form of a waste licence, a waste facility permit or a certificate of registration;
“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purpose of the Act of 1996 or any Part or section thereof;
“authorised representative” means any natural or legal person established within the State who has been appointed by written mandate from a producer, established in another Member State to fulfill the obligations of that producer, pursuant to these Regulations in the State;
“battery” or “accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);
“blocked bank account” means a deposit account or accounts, whose sole purpose is to provide financial resources for the environmentally sound management of waste electrical and electronic equipment, lodged with an undertaking or undertakings holding a valid banking licence issued in accordance with the provisions of the Central Bank Act 1971 (No. 24 of 1971);
“captive insurer” means an insurance company the purpose of which is to provide insurance cover exclusively to the risks of the undertaking or undertakings to which it belongs or of an undertaking or undertakings of the group of which the captive insurance undertaking makes part;
“Central Statistics Office” means the Office established under section 8(1) of the Statistics Act 1993 (No. 21 of 1993);
“civic amenity facility” means a purpose-designed facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste electrical and electronic equipment arising from private households;
“collection” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;
“collection point” means—
(i) a civic amenity facility, or
(ii) other facility for the receipt, storage, including temporary storage or recovery of waste electrical and electronic equipment
subject to such a facility being appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act of 1996, or other such facilities as may be prescribed in Regulations;
“the Directive” means European Parliament and Council Directive 2012/19/EU of 4 July 2012 on waste electrical and electronic equipment;
“disposal” has the meaning given by Article 3 of, and Annex I of Directive 2008/98/EC of the European Parliament and of the Council;
“distance communication” is as defined in Article 2(4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts or, as appropriate, means sales and marketing services by electronic communication, voice telephony services, including telesales and telemarketing or non-electronic direct marketing services, including mail order;
“distributed” means
(i) sold in exchange for any consideration including money whether or not by finance agreement, including but not exclusive to any loan, lease, hiring or deferred sale agreement or arrangement relating to any electrical and electronic equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place, or
(ii) giving as a prize or otherwise making a gift;
“distributor” means any natural or legal person in the supply chain, who makes an EEE available on the market. This does not prevent a distributor from also being a producer;
“electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volt for direct current;
“environmental management costs” means the costs of the environmentally sound management of waste electrical and electronic equipment from private households arising from electrical and electronic equipment placed on the market in the State;
“environmentally sound management of waste electrical and electronic equipment” means the collection, storage, treatment and recovery or, as appropriate, disposal of waste electrical and electronic equipment in an environmentally sound manner;
“EURIBOR rate” means the Euro Interbank Offered Rate;
“final user” means any person who discards electrical and electronic equipment for which they have no further use or, as appropriate, who intends to, or is required to discard it, but shall not include any person who on behalf of, or as a service to any other person—
(i) buys, sells or arranges for the purchase, sale or transfer of waste from one person to another, or
(ii) arranges for the collection, recovery or disposal of waste;
“finance agreement” means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment, whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place;
“financing the environmentally sound management of waste electrical and electronic equipment” means the cost of collection from collection points, together with the treatment, recovery and environmentally sound disposal of waste electrical and electronic equipment including, where appropriate, the provision of receptacles to facilitate the segregation of waste electrical and electronic equipment at collection points and associated operational costs;
“hazardous waste” has the meaning given by Article 3 of, and Annex III of Directive 2008/98/EC of the European Parliament and of the Council;
“in vitro diagnostic medical device” means an in vitro diagnostic device or accessory within the meaning of respectively, point (b) or (c) of Article 1(2) of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices which is EEE;
“large-scale stationary industrial tools” means a large size assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility;
“large-scale fixed installation” means a large-size combination of several types of apparatus and, where applicable, other devices, which:
(i) are assembled, installed and de-installed by professionals;
(ii) are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; and
(iii) can only be replaced by the same specifically designed equipment;
“making available on the market” means any supply of a product for distribution, consumption or use on the market of a Member State in the course of a commercial activity, whether in return for payment or free of charge;
“medical device” means a medical device or accessory within the meaning of, respectively, point (a) or (b) of Article 1(2) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices which is EEE;
“the Minister” means the Minister for the Environment, Community and Local Government;
“non-road mobile machinery” means machinery, with on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working;
“placing on the market” means the first making available of a product on the market within the territory of a Member State on a professional basis;
“preparing for re-use” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;
“prevention” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;
“producer” means any natural or legal person who, irrespective of the selling technique used, including distance communication within the meaning of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts:
(i) is established in a Member State and manufactures EEE under his or her own name or trademark, or has EEE designed or manufactured and markets it under his or her name or trademark within the territory of that Member State,
(ii) is established in a Member State and resells within the territory of that Member State, under his or her own name or trademark, equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in sub-regulation (i),
(iii) is established in a Member State and places on the market of that Member State, on a professional basis, EEE from a third country or from another Member State; or
(iv) sells EEE by means of distance communication directly to private households or to users other than private households in a Member State, and is established in another Member State or in a third country.
Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a ‘producer’ unless he or she also acts as a producer within the meaning of sub-regulations (i) to (iv);
“prosecutor” means the Agency, Director of Public Prosecutions or Local Authority;
“recovery” has the meaning given by Article 3 of, and Annex II to Directive 2008/98/EC of the European Parliament and of the Council;
“recovery facility” means a facility for the deposit, preparing for re-use, treatment, recycling or recovery of waste electrical and electronic equipment;
“recycling” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;
“registration body” means the person, association or body corporate approved by the Minister under section 53 J of the Act for the purposes of transposing Article 16(1) of the Directive;
“removal” means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, mixtures and components are contained in an identifiable stream or are an identifiable part of a stream within the treatment process. A substance, mixture or component is identifiable if it can be monitored to verify environmentally safe treatment;
“re-use” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;
“separate collection” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;
“the RoHS Directive” means European Parliament and Council Directive 2011/65/EU of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment;
“third countries” means countries or territories outside the geographical territory of the European Union;
“treatment” has the meaning given by Article 3 of Directive 2008/98/EC of the European Parliament and of the Council;
“waste electrical and electronic equipment” (WEEE) means electrical and electronic equipment, which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 including all components, subassemblies and consumables which are part of the product at the time of discarding;
“waste electrical and electronic equipment from private households” means WEEE which comes from private households and WEEE which comes from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. Waste from EEE likely to be used by both private households and users other than private households shall in any event be considered to be WEEE from private households.
Scope of Regulations
4. (1) These Regulations shall apply—
(a) from 13 August 2012 to 14 August 2018 (transitional period), to EEE falling within the categories set out in Schedule 1. Schedule 2 contains an indicative list of EEE which falls within the categories set out in Schedule 1,
(b) from 15 August 2018, to all EEE falling within the categories set out in Schedule 3. Schedule 4 contains a non-exhaustive list of EEE which falls within the categories set out in Schedule 3.
(2) Without prejudice to paragraph (1) these Regulations shall not apply to any of the following EEE:
(a) equipment which is necessary for the protection of the essential interests of the security of any Member State of the European Union including arms, munitions and war material intended for specifically military purposes;
(b) equipment which is specifically designed and installed as part of another type of equipment that is excluded from or does not fall within the scope of these Regulations, which can fulfil its function only if part of that equipment;
(c) filament bulbs.
(3) In addition to the equipment specified in paragraph 2, from 15 August 2018, these Regulations shall not apply to the following EEE:
(a) equipment designed to be sent into space;
(b) large-scale stationary industrial tools;
(c) large-scale fixed installations, except any equipment which is not specifically designed and installed as part of those installations;
(d) means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved;
(e) non-road mobile machinery made available exclusively for professional use;
(f) equipment specifically designed solely for the purposes of research and development that is only made available on a business to business basis;
(g) medical devices and in vitro diagnostic medical devices, where such devices are expected to be infective prior to end of life, and active implantable medical devices.
(4) The registration body shall be the sole arbitrator in determining whether these Regulations apply to an item of electrical and electronic equipment in carrying out its functions in accordance with Regulation 8.
(5) Nothing in these Regulations shall affect the application of existing EU legislation imposing requirements on-
(a) safety and health;
(b) chemicals, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;
(c) waste management; or
(d) product design.
PART II
REGISTRATION BODY
Establishment of a Registration Body
5. (1) The Minister may undertake, or approve a person or persons, or association, or body corporate to undertake, any or all of the functions provided for in regulation 8 for the purposes of this Part.
(2) Any person or persons, or association, or body corporate who undertakes all of the functions provided for in regulation 8 shall be known for the purposes of these Regulations as the ‘registration body’.
Grant or refusal of approval
6. (1) Subject to sub-regulation (3), the Minister may, by notice in writing, grant approval or may refuse to grant such approval.
(2) An approval issued in accordance with sub-regulation (1) shall be conditional on the submission to the Minister of—
(a) where appropriate, a copy of the—
(i) articles of association of the body corporate, or
(ii) memorandum of association or registered rules of the association or society, and
(iii) the appropriate certificate issued by the Companies Registration Office or the Registrar of Friendly Societies,
(b) the names and addresses in the State of the officers of the registration body and its board of directors or, as appropriate, Committee of Management,
(c) the address of the registration body’s registered office and the address of the secretary, if different from the registered office,
(d) a business plan in relation to the operation of the registration body,
(e) where appropriate, proposals in relation to corporate governance,
(f) proposals for the certification of producers or authorised representatives for the purpose of regulation 12,
(g) proposals for determining the proportion of market share held by individual producers,
(h) proposals for registration fee structures,
(i) proposals for verifying the adequacy of financial guarantees,
(j) proposals for approving preparing for re-use of waste electrical and electronic equipment organisations,
(k) such other information as may be specified in writing by the Minister for the purposes of this regulation.
(3) An approval in accordance with the provisions of sub-regulation (1) shall be subject to such conditions as the Minister may specify, including, but not exclusively,—
(a) the period of approval which shall be for a period of not more than 10 years,
(b) variance in the terms and conditions of approval,
(c) revocation of approval, and
(d) the nature of information (including financial accounts) to be recorded and maintained by the body concerned.
(4) The Minister may, by notice in writing, from time to time vary any condition attached to an approval granted in accordance with the provisions of this regulation.
(5) The registration body—
(a) will be responsible for the effective carrying out of its functions, and
(b) shall ensure that its financial costs are borne from its own resources.
Review and revocation of approval
7. (1) Subject to sub-regulation (2), where considered necessary, the Minister may review an approval granted in accordance with the provisions of regulation 6.
(2) Where the Minister proposes to review an approval, the Minister shall—
(a) give notice in writing to the registration body of the proposal and the reasons therefore,
(b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to a review, and
(c) consider any submission so made.
(3) Following the consideration of any submission in accordance with sub-regulation (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.
(4) Where an approval, granted in accordance with the provisions of regulation 6 is due to expire, the registration body—
(a) shall not later than six months before the expiry of the approval, notify the Minister whether or not it intends to continue or cease operating as the registration body, and
(b) if intending to continue to operate as the registration body, shall not later than four months before the expiry of the approval, make a submission to the Minister in accordance with the provisions of said regulation.
(5) Subject to sub-regulation (6), where it appears to the Minister that the registration body is not complying with conditions attached to such approval, he or she may revoke an approval granted in accordance with the provisions of regulation 6.
(6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of regulation 6, the Minister shall—
(a) give notice in writing to the registration body of the proposed decision and the reasons therefore,
(b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to the proposed decision, and
(c) consider any submission so made.
(7) Once an approval in accordance with the provisions of regulation 6—
(a) is revoked by the Minister, or
(b) expires,
the registration body and any third party contracted to undertake any or all of the functions allotted to it, shall immediately transfer to the Minister, or to any party so directed by the Minister, or to the person or persons, or association, or body corporate who is in receipt of the next approval to act as the registration body for the purposes of this Part, all records, documentation and data in written and in electronic form, including the requisite software and programmes, together with any funds and assets that were obtained on account of the functions provided for in regulation 8 and powers that were vested in accordance with the provisions of regulation 9.
Functions of the Registration Body
8. (1) The registration body shall-
(a) establish and maintain a register (hereafter in this Part referred to as ‘the register’) of producers placing electrical and electronic equipment on the market in the State,
(b) establish and maintain a register of approved preparing for re-use of waste electrical and electronic equipment organisations,
(2) The registration body shall be required to—
(a) provide for the maintenance of an online register of all producers placing electrical and electronic equipment on the market in the State,
(b) provide for the determination of the proportion of market share held by each individual producer placing electrical and electronic equipment on the market in the State and notify him or her accordingly,
(c) provide for the verification that each producer has adequate financial guarantees in place,
(d) cause proper accounts to be kept of all income and expenditure of the registration body in each calendar year, or in the first two years of its operations the relevant part thereof, and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the registration body,
(e) in the first six months of each year, make a report to the Minister of its activities during the preceding calendar year, or in the first two years of its operations the relevant part thereof, which shall include a summary of all income and expenditure and balance sheet for that calendar year, or in the first two years of its operations the relevant part thereof, and audited accounts in respect of the calendar year, or in the first two years of its operations the relevant part thereof, prior to that,
(f) provide such information regarding the operation of the registration body as the Minister may from time to time require,
(g) notify the relevant local authority or, as appropriate, the Agency where it is evident to the registration body that a producer or authorised representative has failed to comply with any provision or provisions of these Regulations and to provide information to the relevant local authority or, as appropriate, the Agency in such format and at such frequency as may be determined by the local authority or the Agency as appropriate,
(h) provide links to other national registers on its website,
(i) approve preparing for re-use of waste electrical and electronic equipment organisations for the purposes of regulation 17(3),
(j) cooperate and facilitate the electronic exchange of appropriate information with other national registers established in other Member States,
(k) submit to the Minister for his or her approval, the criteria for approving preparing for re-use of waste electrical and electronic equipment organisations
having regard to any conditions that the Minister may apply in approving the registration body in accordance with the provisions of regulation 6.
(3) Without prejudice to sub-regulations (1) and (2) the registration body may, where appropriate, procure the services of a—
(a) person or persons,
(b) association or associations or, as appropriate,
(c) body corporate or bodies corporate,
to undertake any or all of the functions allotted to it.
(4) No person serving or appointed to serve on the board of directors or, as appropriate, Committee of Management of the registration body shall have any current engagement or, as appropriate, material interest with any—
(a) economic operator with obligations under or, as necessary,
(b) approved body established in accordance with the provisions of Part IV of these Regulations.
Powers of the Registration Body
9. (1) In carrying out its functions, the registration body or, as appropriate, a third party acting on its behalf shall be empowered to—
(a) determine applications for registration of producers and to issue approvals or refusals in accordance with the provisions of regulation 12,
(b) issue certificates of registration and registration numbers,
(c) obtain a statement from the external auditors of any producer, or any approved body established in accordance with the provisions of Part IV of these Regulations acting on behalf of a producer, relating to financial information or, as appropriate, examine the records of any producer, or approved body acting on behalf of a producer relating to—
(i) the quantities, by weight or, as appropriate, by number of units, of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market by a producer,
(ii) details of financial guarantees, and
(iii) market data including the quantities, by weight or, as appropriate, by number of units, of electrical and electronic equipment placed on the market by a producer.
(d) determine applications from any person or persons, or association, or body corporate to register as an approved preparing for re-use of waste electrical and electronic equipment organisations for the purposes of regulation 17(3),
(e) receive annual subscriptions, or make charges (hereafter in this Part referred to as ‘the fees’) to provide for the effective carrying out of its functions,
(f) set the level of any such fees which it may review from time to time.
(2) Without prejudice to sub-regulation (1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in sub-regulation (1)(c) shall transfer to the third party concerned.
(3) Without prejudice to sub-regulation (2), a third party empowered to determine the total quantity of collected waste electrical and electronic equipment attributable to each individual producer including the members of any approved body established in accordance with the provisions of Part IV of these Regulations, shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form—
(a) concerning the quantity of collected waste electrical and electronic equipment attributable to or, as necessary,
(b) that may be used to identify or, as necessary, calculate the market share of,
any individual producer other than to the individual producer concerned.
Obligation of producers, or authorised representatives to register with the Registration Body
10. (1) A producer other than a producer who sells EEE by means of distance communication directly to private households or to users other than private households in the State, and is established in another Member State or a third country, may, by way of exception to regulation 3(1) appoint an authorised representative to fulfil the obligations of that producer, pursuant to these Regulations;
(2) A producer who is established in the State and who places EEE onto the market in any other Member State by means of distance communication shall appoint an authorised representative in that Member State as the person responsible for fulfilling the obligations of that producer, pursuant to the Directive, in that Member State;
(3) The registration body, an approved body or the Agency shall not fulfil the functions of an authorised representative for the purposes of these Regulations.
(4) Appointment of an authorised representative shall be by written mandate.
(5) Each producer that has placed electrical and electronic equipment on the market in the State shall be obliged to—
(a) be registered with the registration body;
(b) declare to the registration body or, as appropriate, a third party acting on its behalf that any electrical and electronic equipment that he or she has placed on the market is marked in accordance with the provisions of regulation 28(1),
(c) display the registration number issued to him or her in accordance with the provisions of regulation 12 on any invoice, credit note, dispatch and delivery docket issued to a distributor by him or her, and
(d) pay the fees as may be determined by the registration body or, as appropriate, a third party acting on its behalf,
(e) provide to the registration body the information set out in Part 2 of Schedule 5 as required.
(6) A producer who—
(a) fails to comply with any of the provisions of sub-regulation (5), or
(b) is deemed not to be registered in accordance with regulation 12(2) or,
(c) is refused an application for renewal of registration in accordance with the provisions of regulation 12(4),
shall not place electrical and electronic equipment on the market.
(7) Any producer who is not in possession of a valid Certificate of Registration in accordance with the provisions of regulation 12 shall not display any registration number issued by the Registration Body on any invoice, credit note, dispatch and delivery docket, website or at any place.
Registration, information and reporting
11. (1) A producer placing electrical and electronic equipment on the market in the State or an authorised representative shall apply for registration to the registration body or as appropriate a third party acting on its behalf not later than one month after the date specified in regulation 45 or the commencement of business whichever is the later.
(2) An application for registration in accordance with the provisions of sub-regulation (1) shall be made in writing, or electronically and shall contain at least the information set out in Part 1 of Schedule 5 and shall be accompanied by a declaration from the applicant detailing arrangements for providing adequate financial guarantees that will be required in accordance with the provisions of regulations 16 and or 18 as appropriate.
(3) An application for registration in accordance with the provisions of sub-regulation (1) shall be accompanied by the fee determined by the registration body.
(4) A producer or authorised representative shall notify the registration body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for registration within 10 working days of such change.
(5) An application for registration in accordance with the provisions of sub-regulation (1) shall be accompanied by a declaration that all electrical and electronic equipment he or she places on the market complies with the requirements of the RoHS Directive.
(6) An application for registration in accordance with sub-regulation (1) shall be accompanied by a copy of a valid certificate granted in accordance with the provisions of Part IV of these Regulations stating that such a producer is participating in a satisfactory manner in a scheme for the environmentally sound management of waste electrical and electronic equipment.
(7) A producer or authorised representative shall be required by the registration body to supply information indicating how that producer continues to ensure the environmentally sound management of waste electrical and electronic equipment in accordance with regulations 16 and, or 18, on an annual basis and not later than January 31st in each calendar year.
(8) Information provided in accordance with the provisions of sub-regulation (7) shall be made in writing, or electronically and shall include confirmation that the information specified in Part 1 of Schedule 5 remains correct.
(9) The registration body may charge a fee for the processing of information under this regulation.
(10) A producer or authorised representative shall de-register by informing the registration body in writing or electronically that it has ceased to be a producer.
(11) The information for the purposes of sub-regulation (10) shall indicate how the producer has ensured the environmentally sound management of waste electrical and electronic equipment in accordance with regulations 16 and, or 18, up until the last date on which it has placed electrical and electronic equipment on the market.
Certification of producers, or authorised representatives
12. (1) Without prejudice to sub-regulations (3) and (4), a producer or authorised representative–
(a) who makes an application, or
(b) on whose behalf an application has been made,
in accordance with the provisions of regulation 11 shall be registered by the registration body provided that the requirements of regulations 10 and 11 are complied with.
(2) A producer or authorised representative shall not be deemed to be registered until a Certificate of Registration and registration number has issued by the registration body or, as appropriate, a third party acting on its behalf.
(3) The registration body or, as appropriate, a third party acting on its behalf shall issue a Certificate of Registration bearing a unique registration number as expeditiously as possible and, in any event, within—
(a) six weeks of the date of receipt of an application for registration, or
(b) two weeks after the date of receipt of further information or particulars requested by the registration body in connection with such an application,
whichever is the later.
(4) Without prejudice to sub-regulations (1) and (3), the registration body may refuse or as appropriate revoke a registration in accordance with the provisions of this regulation where it considers that a producer, or authorised representative has, in the preceding twelve month period, or any part of that period failed to—
(a) achieve the targets specified in regulation 23 and Schedule 10 or
(b) maintain satisfactory records in accordance with the provisions of regulation 24 or
(c) provide the information specified in regulations 11, 25, 26, 28, 29 or 30 or
(d) comply with the provisions of Regulations made for the purposes of transposing the RoHS Directive.
Distance Sellers
13. Where a producer or as appropriate, a distributor supplies electrical and electronic equipment by means of distance communication he or she shall—
(1) if established in another Member State appoint an authorised representative in accordance with the provisions of regulation 10,
(2) register in accordance with the provisions of regulation 11,
(3) notify the registration body or, as appropriate, a third party acting on its behalf at the time of registration that he or she supplies electrical and electronic equipment by means of distance communication and confirm that all such equipment placed on the market in the State complies with the requirements of these Regulations,
(4) upon a request from the—
(a) registration body or, as appropriate, a third party acting on its behalf or,
(b) local authority in the functional area where the registered office or, if not a company, the principal place of business of the producer or their authorised representative is located or,
(c) Agency, undertake to provide it with information that demonstrates, to its satisfaction, that he or she has complied with his or her obligations in accordance with the provisions of Article 12 of the Directive to provide financing for the environmentally sound management of waste electrical and electronic equipment from private households deposited at collection points in the Member State of the European Union where the final user of the equipment resides and is complying with his or her obligations in accordance with the provisions of Article 13 of the Directive to finance the environmentally sound management of waste electrical and electronic equipment from users other than private households.
(5) display the registration number issued to him or her in accordance with regulation 12 on his or her website.
PART III
MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
Distributor responsibility
14. (1) Each distributor of electrical and electronic equipment shall—
(a) be prohibited from distributing electrical and electronic equipment—
(i) placed on the market in the State by a producer who or, as appropriate,
(ii) supplied to him or her by any person who supplies electrical and electronic equipment placed on the market in the State by a producer who—
is not in possession of a valid Certificate of Registration in accordance with the provisions of regulation 12, and, as appropriate, does not display the registration number issued to said producer in accordance with the provisions of regulation 12 on any invoice, credit note, dispatch or delivery docket in respect of electrical and electronic equipment supplied to the distributor concerned,
(b) ensure that when—
(i) supplying a product, waste electrical and electronic equipment from private households can be returned to him or her at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment other than contaminated waste electrical and electronic equipment that presents a health and safety risk unless such contamination is on account of a distributor’s liability under the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980);
(ii) supplying new EEE from a retail premises with a sales area relating to EEE of at least 400 m2 that provision is made for the in-store collection of very small Waste Electrical and Electronic Equipment (no external dimension more than 25cm) free of charge to end-users and with no obligation to buy EEE of any type;
(iii) waste electrical and electronic equipment from private households is accepted for return by him or her, it is transported and stored in accordance with sections 34 and 39 of the Act of 1996,
(2) A distributor which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number is exempt from the requirements of sub- regulation 14 (1)(b)(i).
(3) Distributors shall fulfil the obligation in sub-regulation (1)(b)(i) in instances where the supplied electrical and electronic equipment—
(a) is delivered to the purchaser and where the waste electrical and electronic equipment of equivalent type or which has fulfilled the same function as the supplied equipment—
(i) is available at its place of ordinary use for immediate collection, and at the time of collection, is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, by collecting it on delivery, provided that the distributor has given at least 24 hours’ notice of delivery, or
(ii) where such equipment is not available for immediate return—
(a) on account of less than 24 hours’ notice having been given for collection, by arranging for and collecting it within 15 days of the date of delivery, provided that the waste electrical and electronic equipment concerned is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, and the distributor has given at least 24 hours’ notice of collection, or
(b) by accepting it, at all reasonable times at any or every place of business from which he or she distributes electrical and electronic equipment.
(b) has not been delivered to the purchaser, by accepting, at all reasonable times at any or every place of business from which he or she distributes electrical and electronic equipment, the waste electrical and electronic equipment of equivalent type, or which has fulfilled the same function as the supplied equipment.
(4) Distributors, with the agreement of the appropriate local authorities who shall have regard to any guidelines which the Minister may issue from time to time, may make alternative arrangements for ensuring that the obligations in sub-regulation (1)(b)(i) are fulfilled by other means by a—
(a) nominated distributor, or
(b) group of distributors or, as appropriate,
(c) a third party acting on their behalf,
provided they ensure that returning the waste electrical and electronic equipment is not thereby made more difficult for the final user and provided that the alternative arrangements remain at least free of charge for the final user.
(5) When household electrical and electronic equipment from private households is distributed, distributors may indicate in writing to each purchaser an alternative collection point that is in place for accepting the waste electrical and electronic equipment, where alternative arrangements provided for in sub-regulation (4) have been agreed and provided that returning it is not thereby made more difficult for the final user and that the alternative arrangements remain at least free of charge for the final user.
(6) A distributor to whom sub-regulation (4) applies shall fix and maintain, in a conspicuous position at or within one metre of each entrance to his or her premises, a notice complying with the requirements specified in Part 1 of Schedule 6.
(7) Without prejudice to sub-regulation (3), distributors, their servants or agents shall be prohibited from offering orally or in written form—
(a) any reduction or discount on the retail price for any item of electrical and electronic equipment for the purposes of the reduced or discounted or, as appropriate,
(b) two retail prices for any item of electrical and electronic equipment for the purposes of the lower,
retail price being predicated on the distributor not having to fulfil his or her obligation in sub-regulation (1) (b) (i).
(8) Without prejudice to sub-regulation (3), where a producer or, as appropriate, a distributor supplies electrical and electronic equipment by means of distance communication he or she shall—
(a) ensure that waste electrical and electronic equipment from private households can be returned to him or her at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment other than contaminated waste electrical and electronic equipment that presents a health and safety risk unless such contamination is on account of the distributor’s liability under the Sale of Goods and Supply of Services Act, 1980 (No.16 of 1980);
(b) place a visible and legible notice—
(i) on his or her website or other electronic means of communication where—
(a) electrical and electronic equipment being distributed is displayed,
(b) the retail price of electrical and electronic equipment is quoted or, as appropriate,
(c) the ordering and financial transaction confirming purchase of electrical and electronic equipment is undertaken or, as appropriate,
(ii) in each of his or her catalogues, brochures or, as appropriate, mail-shots,
indicating that he or she will take back waste electrical and electronic equipment from private households at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment together with details of any or every place of business in the State from which he or she distributes electrical and electronic equipment or, as appropriate, an address in the State where he or she takes back waste electrical and electronic equipment,
(c) display the registration number issued to him or her by the registration body on his or her website,
(d) notify customers when distributing electrical and electronic equipment for private households by voice telephony services, including telesales and telemarketing, that he or she will take back waste electrical and electronic equipment from private households at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment together with details of any or every place of business in the State from which he or she distributes electrical and electronic equipment or, as appropriate, an address in the State where he or she takes back waste electrical and electronic equipment, and
(e) without prejudice to paragraphs (b) and (d), accept any waste electrical and electronic equipment of equivalent type or which has fulfilled the same function as the supplied equipment—
(i) provided that he or she has given at least 24 hours’ notice of delivery, by collecting it on delivery provided it is available at its place of ordinary use for immediate collection and at the time of collection is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, or
(ii) where such equipment is not available for immediate return,—
(a) on account of less than 24 hours’ notice having been given for collection, by arranging for and collecting it within 15 days of the date of delivery, provided that the waste electrical and electronic equipment concerned is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, and the distributor or producer concerned has given at least 24 hours’ notice of collection, or
(b) by accepting it at—
(I) any or every place of business in the State from which he or she distributes electrical and electronic equipment or, as appropriate,
(II) an address in the State,
when occupied by the producer or authorised representative or, as appropriate, the distributor concerned or by any of his or her servants or agents.
(9) Without prejudice to sub-regulations (3)(a) and (8)(c), any distributor shall be prohibited from requiring a customer to sign any document or make any declaration stating that any item of waste electrical and electronic equipment is not available for collection.
(10) Where a third party distributes electrical and electronic equipment and or facilitates the take back of waste electrical and electronic equipment on behalf of a distributor, the requirements set out in sub-regulations (3) and 8(c) remain the obligation of the distributor concerned.
Transfer of waste electrical and electronic equipment by distributors
15. (1) Each distributor of electrical and electronic equipment—
(a) shall be prohibited from—
(i) transferring to any person or persons waste electrical and electronic equipment, with the exception of—
(a) a collector who is acting on behalf of—
(I) the producer or authorised representative responsible for financing the environmentally sound management of the waste electrical and electronic equipment concerned in accordance with the provisions of regulation 16 or, as appropriate,
(II) an approved body established in accordance with the provisions of Part IV or its representative or, as appropriate,
(b) a producer who is responsible for financing the environmentally sound management of the waste electrical and electronic equipment concerned in accordance with the provisions of regulation 16 or, as appropriate,
(c) an approved body established in accordance with the provisions of Part IV or its representative,
that is permitted in accordance with the provisions of section 34 of the Act, and
(ii) selling waste electrical and electronic equipment from private households;
(b) shall maintain records for a period of not less than two years to demonstrate the quantity of waste electrical and electronic equipment taken back, stored and removed from his or her premises or, as appropriate, any premises used for the storage of waste electrical and electronic equipment by the distributor concerned, and furnish such records in such form and at such frequency as may be specified by the Agency or the local authority.
(2) The prohibition in sub-regulation (1)(a)(i) shall not apply in respect of electrical and electronic equipment returned to or accepted by a distributor under the provisions of the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980) and which is subsequently returned to the producer.
Financing the take back of waste electrical and electronic equipment from private households
16. (1) Each producer placing electrical and electronic equipment on the market in the State shall ensure that he or she or a third party acting on his or her behalf finances the environmentally sound management of waste electrical and electronic equipment from private households deposited at collection points in the functional areas of all local authorities relating to—
(a) his or her own products of electrical and electronic equipment for private households placed on the market in the State as and from 13 August 2005, and
(b) all products of electrical and electronic equipment for private households placed on the market in the State prior to 13 August 2005 in proportion to his or her current share of the market by type of equipment as categorised in Schedule 1, and from 15 August 2018 by type of equipment as categorised in Schedule 3, as determined by the registration body or, as appropriate, a third party acting on its behalf, when the respective costs occur.
(2) When a product is placed on the market in the State as referred to in sub-regulation (1)(a), the producer shall provide, within the twentieth working day of the month following its placement on the market in the State, a financial guarantee showing that the full cost of the environmentally sound management of waste electrical and electronic equipment will be financed when it is discarded by the final user.
(3) The financial guarantee provided for in sub-regulation (2) shall consist of—
(a) a blocked bank account into which at least shall be deposited,—
(i) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from private households when it is placed on the market in the State, and
(ii) the interest that would accrue on the amount referred to in paragraph (i) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for the period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of regulations 11(2) and 11(3)
as set out in Schedule 7 or,
(b) an insurance policy or policies, covering at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by the producer concerned, with an undertaking or undertakings registered in accordance with the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ), other than a captive insurer, for a period of not less than the life of the product or,
(c) self-insurance provided a producer maintains a minimum balance of €15,000,000 or 10% of annual turnover of electrical and electronic equipment in the State, whichever is the greater, in a blocked bank account, to cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by him or her, or,
(d) a bond or bonds issued by an undertaking or undertakings—
(i) registered in accordance with the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ) or, as appropriate,
(ii) holding a valid banking licence issued in accordance with the provisions of the Central Bank Act 1971 (No. 24 of 1971),
covering at least—
(a) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment when it is placed on the market in the State, and
(b) the interest that would accrue on the amount referred to in paragraph (a) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for a period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of regulation 11(2),
as set out in Schedule 7
(4) Each producer placing electrical and electronic equipment on the market in the State shall ensure when an existing form of financial guarantee is substituted for another form as provided for in—
(a) sub-regulations (3)(a) and (3)(d), that the substitute financial guarantee shall cover at least—
(i) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment that he or she has placed on the market in the State from 13 August 2005 onwards that has, at the time of substitution, not been discarded by the final user, and
(ii) the interest that would accrue on the amount referred to in paragraph (i) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for a period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of regulation 11(2),
as set out in Schedule 7,
(b) sub-regulation (3)(b), that the substitute financial guarantee shall cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by the producer concerned or,
(c) sub-regulation 3(c), he or she maintains a minimum balance of €15,000,000 or 10% of annual turnover in the State, whichever is the greater, in a blocked bank account, to cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market in the State by him or her.
(5) A withdrawal or withdrawals from a blocked bank account provided for in sub-regulation (3) shall only be permitted for the purposes of—
(a) financing the environmentally sound management of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market in the State from 13 August 2005 onwards,
(b) the payment of any taxes on interest received to the appropriate agency or,
(c) obtaining the interest earned from such an account less any—
(i) taxes payable in accordance with the provisions of paragraph (b) or,
(ii) charges levied by the financial institution holding or, as appropriate, managing such funds.
(6) The closure of a blocked bank account provided for in—
(a) sub-regulation (3)(a) shall only be permitted when—
(i) all the liabilities and obligations, in accordance with the provisions of sub-regulation (1), of a producer who has ceased placing electrical and electronic equipment on the market in the State, have been discharged in full and the discharge of such liabilities is confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or
(ii) a producer—
(a) obtains a substitute financial guarantee provided for in sub-regulations 3(b) or, 3(c) or, 3(d), or
(b) is accepted into membership of an approved body established in accordance with the provisions of Part IV or,
(b) sub-regulation (3)(c) shall only be permitted when—
(i) all the liabilities and obligations, as laid down in sub-regulation (1), of a producer who has ceased placing electrical and electronic equipment on the market in the State, have been discharged in full and the discharge of such liabilities is confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or
(ii) a producer–
(a) obtains a substitute financial guarantee provided for in sub-regulations 3(a), or 3(b) or, 3(d), or
(b) is accepted into membership of an approved body, established in accordance with the provisions of Part IV, which agrees to accept all his or her outstanding liabilities and obligations, as laid down in sub-regulation (1).
(7) A reduction in the outstanding liability of a bond or bonds provided for in sub-regulation (3)(d) shall only be permitted following the discharge of liabilities to finance the environmentally sound management of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market in the State from 13 August 2005 onwards and shall be limited to the costs incurred in discharging those liabilities.
(8) The termination of a bond or bonds provided for in sub-regulation (3)(d) shall only be permitted when—
(a) all the liabilities and obligations, in accordance with the provisions of sub-regulation (1), of a producer who has ceased placing electrical and electronic equipment on the market in the State, have been discharged in full, and the discharge of such liabilities is confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or
(b) a producer—
(i) obtains a substitute financial guarantee provided for in sub-regulations 3(a), or 3(b) or, 3(c), or
(ii) is accepted into membership of an approved body established in accordance with the provisions of Part IV.
(9) No person shall show a purchaser of electric and electronic equipment at the time of sale, the costs of financing the collection, treatment and environmentally sound disposal of Waste Electrical and Electronic Equipment from private households.
(10) Notwithstanding sub-regulation 9, with effect from 1 July 2014, environmental management costs may be shown separately to the purchasers of electrical and electronic equipment at the time of sale of new products, provided the costs shown do not exceed the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment, of that equipment type.
(11) Each producer or, as appropriate, distributor who displays environmental management costs shall be required to ensure that all costs shown do not exceed the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment, incurred by both producers and distributors, arising from electrical and electronic equipment placed on the market in the State.
(12)(a) Without prejudice to sub-regulation (11), any distributor who distributes electrical and electronic equipment supplied by a producer who displays environmental management costs shall be required to ensure that such costs are indicated in writing to each purchaser.
(b) Notwithstanding paragraph (a), environmental management costs shall be indicated by the distributor concerned visibly and legibly in writing.
(c) Notwithstanding paragraph (a), where a producer or, as appropriate, a distributor supplies electrical and electronic equipment by means of distance communication that was placed on the market in the State by a producer who displays an environmental management cost in accordance with the provisions of sub-regulation 10, he or she shall, in addition to complying with the provisions of paragraph (b) indicate environmental management costs visibly and legibly in writing.
(i) on his or her website or other electronic means of communication or, as appropriate,
(ii) in each of his or her catalogues, brochures or as appropriate, direct mail communications.
(d) Notwithstanding paragraph (a), where, for the purposes of or in connection with the distribution by a person of electrical and electronic equipment, the price of the electrical and electronic equipment is stated orally or negotiated by the person or by a servant or agent of the person or is stated on the electrical and electronic equipment or on any container or wrapper in which the electrical and electronic equipment is packed or on a ticket or label attached to the electrical and electronic equipment or to such container or wrapper or in a catalogue or advertisement or in a notice or other document including a receipt, the price so stated shall be stated as a single amount inclusive of any charge made by the producer for any environmental management cost payable in respect of the electrical and electronic equipment.
(e) Without prejudice to paragraph (d), where a price notice, relating to a specific item of electrical and electronic equipment placed on the market by a producer who displays an environmental management cost in accordance with the provisions of sub-regulation (10), is displayed-
(i) in a distributor’s premises, he or she shall show the retail price of that specific item of electrical and electronic equipment inclusive of the environmental management cost and shall include the following wording- “Included in this price is a contribution to recycling costs of [amount of environmental management cost]”,
(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
17. (1) A producer or authorised representative shall within 5 working days of being requested so to do by a local authority or a third party acting on its behalf, collect, or arrange for the collection of, from any collection point operated by that local authority or on its behalf, any waste electrical and electronic equipment relating to products of a type and brand supplied by that producer.
(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
18. (1) Each producer placing electrical and electronic equipment on the market in the State shall ensure that he or she or a third party acting on his or her behalf finances the environmentally sound management of waste electrical and electronic equipment arising from users other than private households arising from electrical and electronic equipment that—
(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
19. (1) Without prejudice to regulation 18, producers placing electrical and electronic equipment on the market in the State and users of electrical and electronic equipment other than private households may conclude agreements stipulating other financing methods provided that the waste is managed in an environmentally sound manner in accordance with the requirements of these Regulations.
(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
20. (1) Each local authority shall take into account population density when considering the establishment of a civic amenity facility for the environmentally sound management 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
21. Any establishment or undertaking carrying out the collection or treatment of waste electrical and electronic equipment, shall ensure that its storage of waste electrical and electronic equipment complies with the technical requirements as set out in Schedule 8.
Treatment and shipments of waste electrical and electronic equipment
22. (1) Each—
(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
23. Each producer that is responsible for financing the environmentally sound management of waste electrical and electronic equipment in accordance with the provisions of regulations 16, 18(1) and 19(1) shall ensure-
(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
24. (1) Each producer or authorised representative shall ensure that he or she or a third party acting on his or her behalf records—
(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
25. (1) A producer placing electrical and electronic equipment on the market in the State or authorised representative shall not later than the date on which application for registration is made in accordance with the provisions of regulation 11–
(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
26. Each producer or authorised representative shall ensure, that within one year of placing any and each new type of electrical and electronic equipment on the market, he or she or a third party acting on his or her behalf furnishes free of charge 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
27. The information referred to in regulation 26 shall be made available to approved preparing for re-use organisations and treatment and recycling facilities by each producer or authorised representative or third party acting on his or her behalf in the form of manuals or by means of electronic media, including CD-ROM or, as appropriate, online services.
Obligation of producers to provide information to users of electrical and electronic equipment
28. (1) Each producer—
(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
29. Each producer placing electrical and electronic equipment on the market in the State or authorised representative or a third party acting on his or her behalf shall—
(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
30. (1) When supplying a new product, distributors of electrical and electronic equipment for private households shall ensure that users are informed of the return and collection systems available to them.
(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
31. Notwithstanding the responsibility of each individual producer to finance the environmentally sound management of waste electrical and electronic equipment and arrange for its environmentally sound management, a producer or authorised representative who holds a valid certificate granted to him or her by an approved body stating that such producer or authorised representative is participating, in a satisfactory manner, in a scheme for the environmentally sound management of waste electrical and electronic equipment arising from—
(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
32. (1) A body corporate may apply to the Minister for approval for the purposes of this Part.
(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
33. (1) Subject to sub-regulation (3), the Minister may, by notice in writing, grant approval to a body corporate for the purposes of this Part, or may refuse to grant such 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
34. (1) Subject to sub-regulation (2), where it appears to the Minister that—
(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
35. No person shall, other than with the written consent of an approved body, display—
(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
36. An approved body shall—
(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
37. (1) The Agency is designated as the competent authority in the State for the purposes of these Regulations and the Directive and shall determine whether these Regulations apply to an item of electrical and electronic equipment in carrying out its enforcement functions.
(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
38. (1) An authorised person may, for any purpose connected with these Regulations
(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
39. (1) A prosecution for a summary offence on account of contravention or failure to comply with regulations of these Regulations may be taken by the Prosecutor.
(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
40. (1) Each local authority shall cause to be established and maintained a register (hereafter in this Part referred to as ‘the register’) of distributors within its functional area, who transport or, as appropriate, store waste electrical and electronic equipment that has been accepted in accordance with the provisions of regulation 14.
(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
41. (1) Without prejudice to regulation 14(1)(b), section 34(1)(a) of the Act of 1996 shall not apply in respect of the transport of waste electrical and electronic equipment undertaken by a—
(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
42. (1) Without prejudice to regulation 14(1)(b), section 39(1) of the Act of 1996 shall not apply in respect of the temporary storage of waste electrical and electronic equipment at a place—
(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.
(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.
(c) An application for a registration certificate shall be made—
(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
1. Large household appliances
2. Small household appliances
3. IT and telecommunications equipment
4. Consumer equipment and photovoltaic panels
5. Lighting equipment
6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
7. Toys, leisure and sports equipment
8. Medical devices (with the exception of all implanted and infected products)
9. 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
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
1. Temperature exchange equipment
2. Screens, monitors and equipment containing screens having a surface greater than 100 cm2
3. Lamps
4. 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.
5. 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.
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
1. 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.
2. Screens, monitors and equipment containing screens having a surface greater than 100 cm2
Screens,
Televisions,
LCD photo frames,
Monitors,
Laptops,
Notebooks.
3. 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.
4. 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.
5. 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.
6. 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.
1. 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.
2. National identification code of the producer, including European tax number or national tax number of the producer.
3. Category of EEE set out in Schedule 1 or 3 as appropriate.
4. Type of EEE (household or other than household equipment).
5. Brand name of EEE.
6. Information on how the producer meets its responsibilities: individual or collective scheme, including information on financial guarantee.
7. Selling technique used (e.g. distance selling).
8. Declaration stating that the information provided is true.
Part 2 Information to be submitted for reporting
1. National identification code of the producer.
2. Reporting period.
3. Category of EEE set out in Schedule 1 or 3, as appropriate.
4. Quantity of EEE placed on the national market, by weight.
5. 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,
(c) not be obscured or concealed at any time, and
(c) state the following—
“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,
(c) not be obscured or concealed at any time, and
(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,
(c) not be obscured or concealed at any time, and
(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,
(c) not be obscured or concealed at any time, and
(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,
(c) not be obscured or concealed at any time, and
(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.
or
(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)
1. 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.
2. 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
1. 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.
2. 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.
3. 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;
(c) for WEEE falling within category 2, 5, 6, 7, 8 or 9 of Schedule 1,
— 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;
(c) for WEEE falling within category 2, 5, 6, 7, 8 or 9 of Schedule 1,
— 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;
(c) for WEEE falling within category 5 or 6 of Schedule 3,
— 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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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).
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:
2. The location(s) of premises at which electrical and electronic equipment is produced by the producer.
3. 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.
4. 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.
5. 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.
6. 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,
(c) used as a fuel (R1) 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.
7. 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.
8. 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).
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:
2. The location(s) of premises at which electrical and electronic equipment is produced by the producer.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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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.
1. 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:
2. Location(s) of premises at or from which waste electrical and electronic equipment is or will be stored.
3. 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—
1. 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,
2. give the location or postal address of the facility to which the application relates,
3. describe the nature of the facility concerned,
4. specify the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act,
5. 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.
6. specify the code according to the European Waste List (Decision 2001/118) or subsequent amendments,
7. identify monitoring and sampling points and indicates proposed arrangements for the monitoring of emissions and the environmental consequences of any such emissions,
8. describe any proposed arrangements for the off-site treatment or disposal of wastes,
9. 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.
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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.
S.I. No. 233/2019 –
European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2019
“Iris Oifigiúil” 31st of May, 2019.
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment, hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2019.
Interpretation
2. In these Regulations —
“the Regulations of 2014” means the European Union (Waste Electrical and Electronic Equipment) Regulations 2014- S.I. 149 of 2014.
Amendment to the Regulations of 2014
3. The Regulations of 2014 are amended by —
(a) the insertion of the following after sub-regulation 8(2)(k)-
“(l) develop appropriate refund procedures for the reimbursement of contributions to producers where electrical and electronic equipment is transferred for placing on the market outside of the State.”;
(b) the substitution of the following for sub-regulation 16(10)-
“(10) Notwithstanding sub-regulation 9, with effect from 1 July 2014, environmental management costs may be shown separately to the purchasers of electrical and electronic equipment at the time of sale of new products, provided the costs shown do not exceed the best estimate of the actual costs incurred of the environmentally sound management of waste electrical and electronic equipment, of that equipment type.”;
(c) the substitution of the following for sub-regulation 22(3)-
“(3) Without prejudice to sub-regulation (1), where waste electrical and electronic equipment is treated in another Member State or 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.”;
(d) the insertion of the following after sub-regulation 22(4)-
“(5) Waste electrical and electronic equipment exported out of the Union shall only count towards the fulfilment of obligations and targets set out in Schedule 10 if, in compliance with Regulations (EC) No 1013/2006 and (EC) No 1418/2007, the exporter can prove that the treatment took place in conditions that are equivalent to the requirements of this Directive.”;
(e) the insertion of the following after sub-regulation 23(b)-
“(c) the achievement of the targets shall be calculated, for each category, by dividing the weight of the WEEE that enters the recovery or recycling/preparing for re-use facility, after proper treatment in accordance with Schedule 9) with regard to recovery or recycling, by the weight of all separately collected WEEE for each category, expressed as a percentage.”;
(f) the insertion of the following after sub-regulation 24(3)-
“(4) Each producer or authorised representative or a third party acting on his or her behalf shall ensure that information concerning the waste electrical and electronic equipment that is separately collected in accordance with Regulation 20 is made available to the Agency free of charge, including at least information on waste electrical and electronic equipment that has been:
a. Received by collection and treatment facilities;
b. Received by distributors;
c. Separately collected by producers or third parties acting on their behalf.”;
(g) the substitution of the following for sub-regulation 37(2)-
“(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. Such cooperation shall include, inter alia, granting access to the relevant documents and information including the results of any inspections, subject to the provisions of national data protection law.”;
(h) the insertion of “toys” in Schedule 3, part 4;
(i) the insertion of “electric knives” in Schedule 4, part 5;
(j) the substitution of the following for Schedule 5, Part 2, No.5-
“5. Quantity, by weight of waste of EEE separately collected, recycled (including prepared for re-use), recovered and disposed of within the State or shipped within or outside the Union.”
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GIVEN under my Official Seal,
24 May 2019
RICHARD BRUTON,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Union (Waste Electrical and Electronic Equipment) Regulations 2014- S.I. No. 149 of 2014 for the purposes of giving full effect to Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment.
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S.I. No. 281/2014 – European Union (End-of-Life Vehicles) Regulations 2014
PART I
PRELIMINARY AND GENERAL
1. Citation.
2. Purpose of Regulations.
3. Commencement.
4. Interpretation Generally.
5. Application and Scope.
6. Effect on Existing Community and National Legislation.
7. Exempted Vehicles.
8. Three-Wheel Motor Vehicles, Special Purpose Vehicles and Vehicles produced in Small Series.
PART II
PRODUCER RESPONSIBILITY OBLIGATIONS
9. Collection Systems for End-of-Life Vehicles.
10. Requirements on Producers to Register with Local Authorities.
11. Application for Registration or Renewal of Registration.
12. Certification of Producers.
13. Record Keeping and Reporting.
14. Obligations on Authorised Treatment Facilities.
15. Appropriate Treatment and Recovery of End-of-Life Vehicles.
16. Reuse, Recovery and Recycling Targets.
17. Information and Promotion.
PART III
CERTIFICATE OF DESTRUCTION
18. Issue of the Certificate of Destruction.
19. Certificate of Destruction issued in a Member State of the European Union.
20. Form and Content of the Certificate of Destruction.
21. Notification of Certificate of Destruction to the National Vehicle Records.
22. Obligations on Authorised Treatment Facilities.
23. Information to be compiled by the Authorised Treatment Facility.
24. Information to be provided by the Registered Owner.
PART IV
DESIGN REQUIREMENTS
25. Limitation in the use of Hazardous Substances.
26. Prohibition on Heavy Metals.
27. Technical Documentation.
28. Coding Standards.
29. Dismantling Information.
PART V
MISCELLANEOUS
30. Enforcement.
31. Power of a Local Authority to require Submission of Information and issue Written Directions.
32. Authorised Persons.
33. Requirement on a Registered Owner to deposit an End-of-Life Vehicle at an Authorised Treatment Facility.
34. Offences.
35. Prosecutions and Penalties.
36. Amendment of the Waste Management (Permit) Regulations 1998.
37. Revocation.
SCHEDULE 1
INFORMATION TO LOCAL AUTHORITIES
SCHEDULE 2
MINIMUM TECHNICAL REQUIREMENTS FOR APPROPRIATE TREATMENT AND RECOVERY OF END-OF-LIFE VEHICLES IN ACCORDANCE WITH REGULATIONS 14 AND 15
SCHEDULE 3
MINIMUM REQUIREMENTS FOR THE CERTIFICATE OF DESTRUCTION ISSUED IN ACCORDANCE WITH ARTICLE 5(3) OF DIRECTIVE 2000/53/EC ON END-OF-LIFE VEHICLES
SCHEDULE 4
NOMENCLATURE OF COMPONENT AND MATERIAL CODING STANDARDS
S.I. No. 281 of 2014
EUROPEAN UNION (END-OF-LIFE VEHICLES) REGULATIONS 2014
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 20th June, 2014.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2000/53/EC1 of the European Union and of the Council of 18 September 2000 on end-of life vehicles hereby make the following Regulations:—
PART I
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Union (End-of-Life Vehicles) Regulations 2014.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles as amended by Commission Decision 2002/525/EC2 of 27 June 2002 and Commission Decision 2005/63/EC3 of 24 January 2005 and Commission Decision 2005/438/EC4 of 10 June 2005 and Council Decision 2005/673/EC5 of 20 September 2005 and Directive 2008/33/EC6 of 11 March 2008 and Directive 2008/112/EC7 of 16 December 2008 and Commission Directive 2011/37/EU of 30 March 20118 and Commission Directive 2013/28/EU9 of 17 May 2013.
Commencement
3.These Regulations shall come into operation on the day after the date on which notice of their making is published in Iris Oifigiúl.
Interpretation Generally
4. (1) In these Regulations, save where the context otherwise requires—
“abandoned” in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly;
“the Act” means the Waste Management Act 1996 (No. 10 of 1996);
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“appropriate treatment and recovery” in relation to a vehicle, means the treatment and recovery of the vehicle in accordance with the requirements of section 39 of the Act;
“ascribed vehicle” means a specified vehicle responsibility for which pursuant to regulation 10(4) is capable of being ascribed to a producer or producers other than the producer who placed the specified vehicle on the market in the State;
“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purposes of the Act of 1996 or any Part or section thereof;
“authorised treatment facility” means a facility at which the collection and the storage and the appropriate treatment and recovery of vehicles may take place;
“certificate of destruction” means the certificate referred to in Part III of these Regulations;
“the Directive” means the European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles as amended by Commission Decision 2002/525/EC of 27 June 2002 and Commission Decision 2005/438/EC of 10 June 2005 and Council Decision 2005/673/EC of 20 September 2005 and Commission Directive 2011/37/EU of 30 March 2011 and Commission Directive 2013/28/EU of 17 May 2013;
“dismantling information” means all information required for the appropriate treatment and recovery of end-of-life vehicles. It shall be made available to authorised treatment facilities by vehicle producers and vehicle component manufacturers in the form of manuals or by means of electronic media which may include CD-ROM, or as appropriate, on-line services;
“disposal” means any of the applicable operations provided for in Annex I to Directive 2008/98/EC10 ;
“economic operators” means producers, distributors, collectors, motor vehicle insurance companies, dismantlers, shredders, waste recovery operators — which term includes but is not limited to recoverers and recyclers, and as appropriate, other treatment operators of end-of-life vehicles, including their components and materials;
“end-of-life vehicle” means a specified vehicle which is discarded or is to be discarded by its registered owner as waste and shall be read in accordance with the meaning of section 4(1) of the Act and article 3(1) of Directive 2008/98/EC;
“essential components of a vehicle” means the engine and coachwork of a specified vehicle and shall also include the transmission, wheels and catalytic converter, if a catalytic converter formed part of the vehicle when it was placed on the market;
“hazardous substance” means any substance which is considered to be dangerous under Council Directive 67/548/EEC11 of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;
“joint licensing records” in relation to a vehicle shall be construed in accordance with the meaning for ‘relevant certificate’ under article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 200412 ;
“mechanically propelled vehicle” has the meaning given to it by Chapter IV of Part II of the Finance Act 1992 (No. 9 of 1992);
“prevention” means measures aiming at the reduction of the quantity and the harmfulness for the environment of end-of-life vehicles, their materials and substances;
“producer” in relation to a vehicle, means the person who imports into, or manufactures in, the State the vehicle;
“recovery” means any of the applicable operations provided for in Annex II to Directive 2008/98/EC;
“recycling” in relation to end-of-life vehicles means the reprocessing in a production process of the waste materials for their original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with the recovery of heat;
“registered owner” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 as amended for the time being, but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may be for the time being in force;
“registration document” in relation to a vehicle shall be construed in accordance with the meaning for ‘relevant certificate’ under article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004;
“reuse” in relation to end-of-life vehicles means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;
“shredder” means any device used for tearing into pieces or fragmenting treated end-of-life vehicles, or other metallic or metalliferous waste, for the purpose of obtaining directly reusable metal scrap and, as appropriate, other recyclable material fragments;
“specified vehicle” means—
(a) a category A vehicle or a category B vehicle within the meaning of Chapter IV of Part II of the Finance Act 1992 (No. 9 of 1992), or as appropriate,
(b) any vehicle that may be designated as category M1 or N1 defined in Annex IIA to Council Directive 70/156/EEC13 of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, or as appropriate,
(c) three-wheel motor vehicles as defined in Directive 2002/24/EC14 of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC15 of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles, but excluding motor tricycles;
“treatment” in relation to end-of-life vehicles means any activity after the end-of-life vehicle has been handed over to an authorised treatment facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of shredder wastes, and any other operation carried out for the recovery, or as appropriate, disposal of the end-of-life vehicle and its components, and treated shall be construed accordingly;
“turnover” in relation to a producer means the amounts derived from the provision (including the export) of goods and services falling within the producer’s ordinary activities;
“vintage vehicles” means historic vehicles, or vehicles of value to collectors, or vehicles intended for museums, for which a period of 30 years or more has elapsed since such vehicles were first registered and which are kept in a proper and environmentally sound manner, either ready for use or stripped into parts.
Application and Scope
5. (1) These Regulations shall apply to specified vehicles and end-of-life vehicles, including their components and materials.
(2) Without prejudice to sub-regulation (1), the Regulations shall apply irrespective of how the specified vehicle has been serviced or repaired during use and irrespective of whether it is equipped with components supplied by the producer or with other components whose fitting as spare or replacement parts accords with the appropriate Community or domestic provisions.
Effect on Existing Community and National Legislation
6. Application of these Regulations shall be without prejudice to existing Community legislation and relevant national legislation, in particular as regards safety standards, air emissions and noise controls and the protection of soil and water.
Exempted Vehicles
7. For the purposes of these Regulations, mechanically propelled vehicles which include—
(a) vintage vehicles that may be designated as category M1 or N1 defined in Annex IIA to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers,
(b) any vehicle that may be designated as category M2, M3, N2 or N3 defined in Annex IIA to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, and
(c) military vehicles which are connected with the protection of the essential interests of the security of the State and which are intended for specifically military purposes,
are excepted from the meaning of “specified vehicle” under regulation 4(1) and are exempted from the provisions of these Regulations.
Three-Wheel Motor Vehicles, Special Purpose Vehicles and Vehicles produced in Small Series
8. Without prejudice to regulation 5, the provisions set out in—
(a) regulations 13 and 16 and regulations 18 to 29 inclusive shall not apply in respect of three-wheel motor vehicles as defined in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles, or as appropriate,
(b) regulation 16 shall not apply in respect of special purpose vehicles as defined in the second indent of Article 4(1)(a) of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, but excluding motor caravans if the vehicle comprises no more than eight seats in addition to the driver’s seat, or as appropriate,
(c) regulations 28 to 29 shall not apply where a producer makes or imports vehicles that are exempt from Article 8(2)(a) of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.
PART II
PRODUCER RESPONSIBILITY OBLIGATIONS
Collection Systems for End-of-Life Vehicles
9. (1) On and from the 1st day of November 2006, where a producer is involved, or will be involved, in the placing of specified vehicles on the market in the State, that producer shall establish a national system for the collection of specified vehicles, of that producer’s brand or for which that producer has responsibility and which that producer anticipates will become end-of-life vehicles in the State (referred to hereafter in these Regulations as a producer’s “national collection system”) and will accordingly require appropriate treatment and recovery.
(2) For the purpose of sub-regulation (1), each producer shall establish a national collection system which shall comprise of authorised treatment facilities where end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, may be collected and stored and treated in accordance with the provisions of regulation 15 and Schedule 2 of these Regulations.
(3) Without prejudice to sub-regulations (1) and (2), each producer’s national collection system shall comprise of—
(a) at least one authorised treatment facility in the functional area of each local authority where the population in the functional area of the local authority is less than or equal to 150,000 persons, and as appropriate,
(b) at least one supplementary authorised treatment facility for each additional 150,000 persons (or part thereof) in the functional area of those local authorities whose populations exceed 150,000 persons.
(4) To fulfil the provisions of sub-regulations (1), (2) and (3), a producer may make arrangements or enter into agreements with the owners or operators of authorised treatment facilities and it shall be a condition of any such arrangements or agreements between the producer and the owners or operators of the authorised treatment facilities concerned that such arrangements or agreements do not exceed a period of three years.
(5) Notwithstanding the provisions of sub-regulation (3), each producer shall ensure that the authorised treatment facilities that comprise all of that producer’s national collection system are reasonably accessible to any person who wishes to deliver an end-of-life vehicle, of that producer’s brand or for which that producer has responsibility, to such a facility in that producer’s national collection system.
(6) Each producer shall ensure that the authorised treatment facilities that comprise all of that producer’s national collection system have sufficient capacity to treat, in accordance with the provisions of regulation 15 and Schedule 2, the actual number of that producer’s specified vehicles that are likely to become end-of-life vehicles in 2007 and in each year thereafter.
(7) Each producer shall ensure that where an end-of-life vehicle is transported from one authorised treatment facility to an alternative authorised treatment facility, both of which are in that producer’s national collection system, the transportation is carried out in accordance with sections 34 and 36 of the Act and any Regulations made thereunder.
(8) On the establishment of each producer’s national collection system, each producer shall—
(a) furnish each authorised treatment facility in that producer’s national collection system with a notice complying with the requirements of Part 5 of Schedule 1 of these Regulations, and
(b) require each authorised treatment facility in that producer’s national collection system to fix and maintain in a conspicuous position, and in such manner as to be clearly visible to members of the public, the aforementioned notice in paragraph (a) at or near the main entrance to that authorised treatment facility.
(9) Subject to the provisions of sub-regulation(10), where an end-of-life vehicle is deposited for appropriate treatment and recovery at an authorised treatment facility in a producer’s national collection system, it shall be a requirement of any agreement between the producer and the owner or operator of the authorised treatment facility that—
(a) where such an authorised treatment facility accepts the deposit of an end-of-life vehicle to which the agreement applies, and the vehicle was first registered in the State on or after the 1st day of July 2002, or as appropriate,
(b) where such an authorised treatment facility accepts the deposit of an end-of-life vehicle to which the agreement applies on or after 1st day of January 2007,
no charge shall be imposed on the registered owner of that vehicle, and
(c) each authorised treatment facility, which is part of a producer’s national collection system shall accept the deposit of any end-of-life vehicle which is within the terms of that agreement.
(10) Without prejudice to sub-regulation(9), an authorised treatment facility in a producer’s national collection system will not be required to accept an end-of-life vehicle free of charge where the essential components of that vehicle are missing, or as appropriate, where waste has been added to that end-of-life vehicle.
(11) Where an end-of-life vehicle is deposited for appropriate treatment and recovery at an authorised treatment facility in a producer’s national collection system and that end-of-life vehicle has no or a negative market value, that producer shall be responsible for meeting the costs incurred by the authorised treatment facility in carrying out the appropriate treatment and recovery of that end-of-life vehicle.
(12) A producer—
(a) whose annual turnover was less than or equal to €1,000,000 and
(b) who placed less than 10 specified vehicles on the market in the State
in the preceding twelve month period, may fulfil the provisions of sub-regulations (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) collectively with another producer, provided that—
(c) the annual turnover of the latter producer exceeded €1,000,000 in the preceding twelve month period, and
(d) an arrangement or agreement has been put in place between both producers whereby end-of-life vehicles, of either producers’ brand or for which either producer has responsibility, may be collected and stored and treated (in accordance with the provisions of regulation 15 and Schedule 2 of these Regulations) in the national collection system of the latter producer.
(13) For the purpose of sub-regulation (12)(d), it shall be a condition of any such arrangement or agreement between the producers concerned that such an arrangement or agreement does not exceed a period of three years.
Requirement on Producers to Register with Local Authorities
10. (1) On and from the 1st day of November 2006, each producer involved, or each producer who will be involved, in the placing of specified vehicles on the market in the State shall be required to be registered with each local authority.
(2) Where the business of a producer is transferred in whole or in part to another person, that person to whom the whole or part of the business is transferred shall be treated as a producer for the purposes of these Regulations and that person shall be required to be registered as a producer with each local authority in accordance with the provisions of sub-regulation (1).
(3) Where a producer ceases, or has ceased, to place specified vehicles on the market in the State that producer shall be required to notify the Minister and each local authority in written form within 31 days of the date of cessation of placing specified vehicles on the market in the State that the producer will no longer be involved in the placing of specified vehicles on the market in the State.
(4) Without prejudice to sub-regulation (3), where a producer ceases, or has ceased, to place specified vehicles on the market in the State and the business of that producer has not transferred in whole or in part to another person, the Minister may ascribe responsibility in respect of specified vehicles of that producer’s brand or for which that producer has responsibility to one or more other producers.
(5) Where the Minister makes a decision to ascribe responsibility to a producer under sub-regulation (4), the Minister shall send to that producer a notice in writing of his or her decision within 14 days of having made that decision.
(6) In reaching a decision under sub-regulation (4), the Minister may take into account one or more of the following matters—
(a) the identity of any person who has manufactured the ascribed vehicle(s),
(b) the identity of the person who has put his or her name on the ascribed vehicle(s),
(c) the identity of any person who has placed the ascribed vehicle(s) on the market,
(d) the identity of any person who uses, has used or has the right to use a trademark or other distinguishing mark the same or similar to that of the ascribed vehicle(s),
(e) the approximate turnover, market share or market position of any producer,
(f) the identity of any producer, other than a producer who has ceased to place specified vehicles on the market in the State, who has manufactured, or put his or her name on, or has placed on the market in the State, specified vehicles the same or similar to the ascribed vehicle(s), and
(g) any other matter considered by the Minister appropriate for the expeditious or effective implementation of the Directive.
(7) The notice referred to in sub-regulation (5) shall include the following—
(a) a description of the ascribed vehicle(s) to which it relates,
(b) if available, information indicating when the ascribed vehicle(s) was placed on the market in the State, and
(c) the reasons for the Minister’s decision to ascribe responsibility.
(8) Where the Minister makes a decision to ascribe responsibility under sub-regulation (4), the Minister shall notify each producer ascribed responsibility so that each producer may make representations to the Minister within a period of 28 days of the date of the notice referred to in sub-regulation (5) if any such producer objects to that decision.
(9) If the Minister considers it appropriate to do so, whether in consequence of any representations or proposals made to the Minister under sub-regulation(8), or otherwise as the case may be, the Minister may—
(a) revoke his or her decision made under sub-regulation(4),
(b) without revoking his or her decision made under sub-regulation(4), at any time modify the terms of the notice referred to in sub-regulation (5), in such manner as the Minister considers appropriate.
(10) Where the Minister does not ascribe responsibility to one or more producers under sub-regulation (4) in respect of an ascribed vehicle, the Minister may enter into an agreement with one or more producers, or organisations which represent the interests of a group of producers, for the purposes of ascribing responsibility for the relevant ascribed vehicles.
Application for Registration or Renewal of Registration
11. (1) Each producer shall—
(a) apply for registration to each local authority not later than the 21st day of September 2006 or the date of commencement of business, whichever is the later, and
(b) apply for renewal of registration to each local authority not later than the 31st day of January in each year following the initial registration for the relevant calendar year, subject only that the producer shall not be required to make such an application within six months of—
(i) initial registration, or
(ii) the date the producer was required to apply for initial registration in accordance with the provisions of paragraph (a),
whichever is the earlier.
(2) An application for registration in accordance with the provisions of sub-regulation (1)(a) shall be made in writing, shall contain at least the information set out in Part 1 of Schedule 1, and shall be accompanied by—
(a) a signed declaration by the producer concerned to confirm that the materials and components of specified vehicles put on the market in the State, of that producer’s brand or for which that producer has responsibility, do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in regulation 26 and Annex II of the Directive, and
(b) a three-year implementation plan specifying the measures to be taken by the producer concerned in order to comply with the requirements of these Regulations, including in particular the measures which that producer intends to take to ensure the appropriate treatment and recovery of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, in the functional area of the relevant local authority, and
(c) a signed declaration by the producer concerned undertaking that the producer will not—
(i) make arrangements or enter into agreements with any economic operator which are prohibited by section 4(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 81 of the Treaty of Rome, or as appropriate,
(ii) act in a manner prohibited by section 5(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 82 of the Treaty of Rome, and
(d) a certificate from an independent person who is qualified at the time of the certificate to be appointed, or continue to be, the auditor of the producer if that producer is a company, or if the producer is not a company, would be qualified to be auditor if the producer were a company, confirming the turnover of the producer in the preceding twelve month period, or as the case may be, if the producer is a new entrant to the market, then the projected turnover for the first twelve months of that producer’s activities in the State, and
(e) the appropriate fee in accordance with the provisions of sub-regulations (6) and (7).
(3) An application for renewal of registration in accordance with the provisions of sub-regulation (1)(b) shall be made in writing, shall contain at least the information set out in Part 2 of Schedule 1, and shall be accompanied by—
(a) a signed declaration by the producer concerned to confirm that the materials and components of specified vehicles put on the market in the State, of that producer’s brand or for which that producer has responsibility, do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in regulation 26 and Annex II of the Directive, and
(b) a revised three-year implementation plan, having regard to experience in the preceding registration period, specifying the measures to be taken by the producer concerned in order to comply with the requirements of these Regulations, including in particular the measures which that producer intends to take to ensure the appropriate treatment and recovery of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, in the functional area of the relevant local authority, and
(c) a signed declaration by the producer concerned undertaking that the producer did not and will not—
(i) make arrangements or enter into agreements with any economic operator which are prohibited by section 4(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 81 of the Treaty of Rome, or as appropriate,
(ii) act in a manner prohibited by section 5(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 82 of the Treaty of Rome, and
(d) a report specifying the measures taken by the producer concerned in order to comply with the requirements of these Regulations in the functional area of the local authority in the preceding registration period, and the results of those measures, and
(e) a certificate from an independent person who is qualified at the time of the certificate to be appointed, or continue to be, the auditor of the producer if that producer is a company, or if the producer is not a company, would be qualified to be auditor if the producer were a company, confirming the turnover of the producer in the preceding twelve month period, and
(f) the appropriate fee in accordance with the provisions of sub-regulations (6) and (7).
(4) A three-year implementation plan required under sub-regulation (2)(b), or as the case may be, a revised three-year implementation plan required under sub-regulation (3)(b), shall contain at least the information set out in Part 3 of Schedule 1.
(5) A report required under sub-regulation (3)(d) shall contain at least the information set out in Part 4 of Schedule 1.
(6) An application for registration under sub-regulation (2), or otherwise as the case may be, for renewal of registration under sub-regulation (3), shall be accompanied by a fee equivalent of—
(a) €1,000in respect of producers whose annual turnover was less than or equal to €50,000,000 in the preceding twelve month period, or as appropriate,
(b) €2,500in respect of producers whose annual turnover was greater than €50,000,000 but less than or equal to €100,000,000 in the preceding twelve month period, or as appropriate,
(c) €6,000in respect of producers whose annual turnover was greater than €100,000,000 in the preceding twelve month period,
in respect of each application to a local authority, or as appropriate,
(d) €1,000in respect of a producer—
(i) whose annual turnover was less than or equal to €1,000,000 and
(ii) who placed less than 10 specified vehicles on the market in the State
in the preceding twelve month period, in respect of a single application, made in accordance with the provisions of sub-regulation (8), to the local authority in whose functional area the registered office of the producer, or if the producer is not a company, the principal place of business of the producer, is situate.
(7) The Minister may from time to time, but no earlier than the 1st day of October 2007, review and make an order, amending sub-regulation (6) by substituting for the amounts specified in paragraphs (a), (b), (c) and (d) in that sub-regulation greater amounts, or lesser amounts as the case may be, than those for the time being in force.
(8) Without prejudice to sub-regulation (1), where a producer intends to fulfil the provisions of regulations 9(1), 9(2), 9(3), 9(4), 9(5), 9(6), 9(7), 9(8), 9(9), 9(10) and 9(11) collectively with another producer in accordance with the provisions of regulation 9(12), the producer—
(a) whose annual turnover was less than or equal to €1,000,000 and
(b) who placed less than 10 specified vehicles on the market in the State
in the preceding twelve month period, shall make a single application to the local authority in whose functional area the registered office of the producer, or if the producer is not a company, the principal place of business of the producer, is situate—
(c) for registration not later than the 21st day of September 2006 or the date of commencement of business, whichever is the later, and
(d) for renewal of registration not later than the 31st day of January in each year following the initial registration for the relevant calendar year, subject only that the producer shall not be required to make such an application within six months of—
(i) initial registration, or
(ii) the date the producer was required to apply for initial registration in accordance with the provisions of paragraph (a),
whichever is the earlier, and
(e) the provisions of sub-regulations (2), (3), (4), (5), (6) and (7) shall be construed accordingly.
(9) A producer shall notify the relevant local authority of any change to the information provided in an application for registration, or as the case may be, the last preceding application for renewal of registration within 10 working days of any such change.
Certification of Producers
12. (1) Without prejudice to sub-regulations (4) and (5), a producer who makes an application under regulation 11(1) shall be registered by that local authority provided that the provisions of regulation 11 and Schedule 1 are complied with.
(2) A producer shall not be deemed to be registered with a local authority until a Certificate of Registration has issued by the local authority to which the application for registration was submitted in accordance with the provisions of regulation 11(1)(a), or as appropriate, regulation 11(8)(c).
(3) A producer shall not be deemed to have renewed his or her registration with a local authority until a Certificate of Renewal of Registration has issued by the local authority to which the application for registration was submitted in accordance with the provisions of regulation 11(1)(b), or as appropriate, regulation 11(8)(d).
(4) A local authority shall issue a Certificate of Registration or a Certificate of Renewal of Registration as expeditiously as possible and, in any event, within—
(a) six weeks of the date of receipt of an application for registration or renewal of registration, or as appropriate,
(b) two weeks after the date of receipt of further information or particulars requested by a local authority in connection with such an application,
whichever is the later.
(5) Without prejudice to sub-regulations (1) and (4), a local authority may refuse an application for registration under this regulation—
(a) where it considers that a producer has failed to provide the information required under regulation 11(2), or as appropriate,
(b) where it considers that that the producer’s implementation plan is not sufficient to fulfil that producer’s obligations under regulations 9, 13, 15, 16 and 17, or as appropriate,
(c) where the appropriate fee in accordance with the provisions of regulation 11(6) has not been submitted to that local authority.
(6) Without prejudice to sub-regulations (1) and (4), a local authority may refuse an application for renewal of registration under this regulation where it considers that a producer has, in the preceding twelve month period, failed to—
(a) provide the information required under regulation 11(3) of these Regulations, or as appropriate,
(b) implement the producer’s implementation plan in a satisfactory manner in the functional area of the local authority concerned, or as appropriate,
(c) achieve the targets set out in regulation 16 in respect of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, deposited for appropriate treatment and recovery at authorised treatment facilities which comprise a part of that producer’s national collection system in the functional area of the local authority concerned, or as appropriate,
(d) take all reasonable steps as were necessary to ensure that where end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, were deposited for appropriate treatment and recovery at authorised treatment facilities which comprise a part of that producer’s national collection system in the functional area of the local authority concerned, that no charge was imposed on the registered owners of those vehicles in accordance with the provisions of regulation 9(9), subject to the provisions of regulation 9(10), or as appropriate,
(e) take all reasonable steps as were necessary to ensure that where end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, were deposited for appropriate treatment and recovery at authorised treatment facilities which comprise a part of that producer’s national collection system in the functional area of the local authority concerned, that those vehicles were treated in accordance with the provisions of regulation 15 and Schedule 2 of these Regulations, or as appropriate,
(f) where the appropriate fee in accordance with the provisions of regulation 11(6) has not been submitted to that local authority.
(7) Having regard to sub-regulations (5) and (6), where a local authority refuses an application for registration, or as the case may be, an application for renewal of registration, made by a producer in accordance with the provisions of regulation 11(1), that producer shall make a new application for registration, or as the case may be, a new application for renewal of registration to the local authority concerned taking account of any written directions that local authority may issue to the producer in the matter of such a new application for registration, or as the case may be, a new application for renewal of registration.
Record Keeping and Reporting
13. (1) On and from the 1st day of November 2006, each producer involved, or each producer who will be involved, in the placing of specified vehicles on the market in the State shall be required to compile and maintain records on—
(a) the number, and aggregate unladen weight, of specified vehicles, of that producer’s brand or for which that producer has responsibility, put on the market in the State in the functional area of each local authority,
(b) the number, and aggregate unladen weight, of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer’s national collection system, in the functional area of each local authority,
(c) the aggregate weight of materials for reuse arising from end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer’s national collection system, in the functional area of each local authority,
(d) the aggregate weight of materials for recycling arising from end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer’s national collection system, in the functional area of each local authority,
(e) the aggregate weight of materials for recovery arising from end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer’s national collection system, in the functional area of each local authority, and
(f) the aggregate weight of materials for disposal arising from end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer’s national collection system, in the functional area of each local authority.
(2) On and from the 1st day of November 2006, where an end-of-life vehicle is accepted for appropriate treatment and recovery at an authorised treatment facility which does not form a part of a producer’s national collection system, the owner or operator of that facility shall be required to compile and maintain records on—
(a) the number, and aggregate unladen weight, of end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery,
(b) the aggregate weight of materials for reuse, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery,
(c) the aggregate weight of materials for recycling, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery,
(d) the aggregate weight of materials for recovery, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery, and
(e) the aggregate weight of materials for disposal, arising from end-of-life vehicles that have been deposited at that authorised treatment facility for appropriate treatment and recovery.
(3) On and from the 1st day of November 2006, records kept pursuant to sub-regulations (1) and (2) shall be—
(a) compiled and maintained in a form specified by the Minister, which may include electronic or internet-based forms, and which at least meets the requirements of Commission Decision 2005/293/EC16 of 1 April 2005 laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling targets set out in the Directive,
(b) submitted to the relevant local authority in such form specified by the Minister, which may include electronic or internet-based forms, not later than the 31st day of January 2008, and not later than the 31st day of January in each year thereafter, by—
(i) the producer, in respect of end-of-life vehicles that have been deposited for appropriate treatment and recovery at authorised treatment facilities, which comprise a part of that producer’s national collection system, or as appropriate,
(ii) the owner or operator of an authorised treatment facility, which does not form a part of a producer’s national collection system, in respect of end-of-life vehicles that have been accepted for appropriate treatment and recovery at that authorised treatment facility,
in the preceding twelve month period.
(c) retained at an address in the State by the producer, or as appropriate, authorised treatment facility, required to keep them, for a period of at least seven years, starting from the end of each year in which they were drawn up, and
(d) made available in such form, which may include electronic or internet-based forms, and at such frequency as may be specified in writing by the Agency in relation to the activities carried out by authorised treatment facilities—
(i) which form a part of a producer’s national collection system, or otherwise as the case may be,
(ii) which do not form a part of a producer’s national collection system
for the purposes of complying with these Regulations.
(4) For the purpose of this regulation, a local authority shall furnish such information, in respect of end-of-life vehicles that have been deposited for appropriate treatment and recovery at authorised treatment facilities operating within its functional area, in such form and at such frequency as may be specified by the Agency.
Obligations on Authorised Treatment Facilities
14. (1) Without prejudice to national regulations on health and the environment, an authorised treatment facility which forms a part of a producer’s national collection system, or otherwise as the case may be, which does not form a part of a producer’s national collection system, shall be required to—
(a) operate under a waste licence, or as appropriate, a waste permit, in accordance with the provisions of section 39 of the Act and any Regulations made thereunder, and
(b) comply with the minimum technical requirements set out in Schedule 2 of these Regulations,
(i) for the storage (including temporary storage) of end-of-life vehicles prior to their being the subject of appropriate treatment and recovery,
(ii) for the appropriate treatment and recovery of end-of-life vehicles,
(iii) for the storage of components containing fluids, recoverable components and spare parts.
(2) Subject to the provisions of sub-regulation 3, where an end-of-life vehicle is accepted for appropriate treatment and recovery at an authorised treatment facility which does not form a part of a producer’s national collection system, no charge shall be imposed on the registered owner of that vehicle—
(a) on and from the 1st day of November 2006 in respect of a specified vehicle first registered in the State on or after the 1st day of July 2002, or as appropriate,
(b) on and from the 1st day of January 2007 in respect of any other specified vehicle.
(3) Without prejudice to sub-regulation (2), an authorised treatment facility which does not form a part of a producer’s national collection system, will not be required to accept an end-of-life vehicle free of charge where the essential components of that vehicle are missing or, as appropriate, where waste has been added to that end-of-life vehicle.
Appropriate Treatment and Recovery of End-of-Life Vehicles
15. (1) On and from the 1st day of November 2006, where an end-of-life vehicle has been deposited for appropriate treatment and recovery at an authorised treatment facility which forms a part of a producer’s national collection system, that producer shall take all reasonable steps as are necessary to ensure that—
(a) the end-of-life vehicle, including components and materials made identifiable in accordance with regulation 28 and Schedule 4 of these Regulations, shall be treated in accordance with the minimum technical requirements set out in paragraphs 3 and 4 in Schedule 2 of these Regulations, and in particular in the case of the minimum technical requirements for depollution set out in paragraph 3 in Schedule 2 of these Regulations at the earliest possible opportunity but in any case no later than 10 days after the date of deposit of the end-of-life vehicle at the authorised treatment facility, in order to reduce any adverse impact on the environment,
(b) hazardous substances and components shall be removed and segregated in a selective way so as not to contaminate any subsequent shredder waste from the end-of-life vehicle, and
(c) treatment operations and storage shall be carried out in accordance with the minimum technical requirements set out in paragraphs 3, 4 and 5 of Schedule 2 of these Regulations and in such manner as to ensure the suitability of vehicle components for reuse and recovery, and in particular for recycling.
(2) On and from the 1st day of November 2006, where an end-of-life vehicle has been deposited for appropriate treatment and recovery at an authorised treatment facility which does not form a part of a producer’s national collection system, the owner or operator of that authorised treatment facility shall take all reasonable steps as are necessary to ensure that—
(a) the end-of-life vehicle, including components and materials made identifiable in accordance with regulation 28 and Schedule 4 of these Regulations, shall be treated in accordance with the minimum technical requirements set out in paragraphs 3 and 4 in Schedule 2 of these Regulations, and in particular in the case of the minimum technical requirements for depollution set out in paragraph 3 in Schedule 2 of these Regulations at the earliest possible opportunity but in any case no later than 10 days after the date of deposit of the end-of-life vehicle at the authorised treatment facility, in order to reduce any adverse impact on the environment,
(b) hazardous substances and components shall be removed and segregated in a selective way so as not to contaminate any subsequent shredder waste from the end-of-life vehicle, and
(c) treatment operations and storage shall be carried out in accordance with the minimum technical requirements set out in paragraphs 3, 4 and 5 of Schedule 2 of these Regulations and in such manner as to ensure the suitability of vehicle components for reuse and recovery, and in particular for recycling.
Reuse, Recovery and Recycling Targets
16. (1) For the year 2006 and for each year thereafter until the 31st day of December 2014, each producer shall be responsible for the achievement of the targets set out hereunder, in respect of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, deposited for appropriate treatment and recovery at authorised treatment facilities which comprise all of that producer’s national collection system—
(a) at least 85% reuse and recovery by an average weight per specified vehicle and year, and
(b) at least 80% reuse and recycling by an average weight per specified vehicle and year.
(2) On and from the 1st day of January 2015 and for each year thereafter, each producer shall be responsible for the achievement of the targets set out hereunder, in respect of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, deposited for appropriate treatment and recovery at authorised treatment facilities which comprise all of that producer’s national collection system—
(a) at least 95% reuse and recovery by an average weight per specified vehicle and year, and
(b) at least 85% reuse and recycling by an average weight per specified vehicle and year.
(3) Without prejudice to sub-regulations (1) and (2), for specified vehicles put on the market in the State before the 1st day of January 1980, each producer shall be responsible for the achievement of the targets set out hereunder, in respect of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, deposited for appropriate treatment and recovery at authorised treatment facilities which comprise all of that producer’s national collection system—
(a) at least 75% reuse and recovery by an average weight per specified vehicle and year, and
(b) at least 70% reuse and recycling by an average weight per specified vehicle and year.
(4) Where an authorised treatment facility accepts end-of-life vehicles for appropriate treatment and recovery—
(a) which it is not obliged to accept under an arrangement or an agreement between the owner or operator of that facility and a producer, or as appropriate,
(b) where an authorised treatment facility does not form a part of a producer’s national collection system,
the owner or operator of that authorised treatment facility shall be responsible for the achievement of the appropriate targets for the reuse, recovery and recycling of those end-of-life vehicles as set out in sub-regulations (1), (2) and (3).
Information and Promotion
17. (1) On a date not later than the 21st day of September 2006, it is hereby prescribed that the register maintained by each local authority under section 19 of the Act shall contain entries specifying the following matters—
(a) the date of receipt of an application for registration, or as appropriate, an application for renewal of registration, under regulation 11(1), or as appropriate, under regulation 11(8), for each producer involved in the placing of specified vehicles on the market in the State and the decision of the local authority in respect of that application,
(b) the date of issue for a Certificate of Registration, or as appropriate, a Certificate of Renewal of Registration, under regulation 12(4) for each producer involved in the placing of specified vehicles on the market in the State, and
(c) the date of the giving of a notice under regulation 31 and the reasons of the local authority in respect of the giving of such a notice.
(2) Information received by a local authority in accordance with regulation 11 shall be made available at the principal office of that local authority, or an alternative office designated by that local authority, for inspection by any person during office hours.
(3) A copy of a producer’s implementation plan, and as appropriate, a producer’s report prepared in accordance with the requirements of regulation 11 and Parts 3 and 4 of Schedule 1 of these Regulations shall be made available, free of charge, by that producer to any person who so requests.
(4) For the purpose of this regulation, “made available” includes sending the producer’s implementation plan, or as appropriate, the producer’s report, by post, fax or, as appropriate, electronic mail to a person who so requests.
(5) During the months of March and September in each calendar year, a producer shall—
(a) publish in one or more newspapers circulating in the functional area of each local authority a notice complying with the requirements of Part 6 of Schedule 1 of these Regulations, and
(b) provide copies of all notices published, clearly indicating the date and title of the relevant newspaper(s) in which the notice was published, to each local authority within ten days of the date of publication of each such notice.
(6) Each producer shall be required to publish details of that producer’s national collection system—
(a) in promotional literature, including catalogues and brochures, associated with the marketing of new specified vehicles of that producer’s brand, and
(b) on that producer’s website and in other electronic means of communication.
PART III
CERTIFICATE OF DESTRUCTION
Issue of the Certificate of Destruction
18. (1) Subject to the provisions of regulations 23(1), 23(2), 23(3) and 23(4) and regulations 24(1) and 24(2), on and from the 1st day of January 2007 an authorised treatment facility shall issue a certificate of destruction in a form specified by the Minister—
(a) to the registered owner of an end-of-life vehicle,
(b) to an authorised person of a local authority where an abandoned vehicle that is a specified vehicle, which has been removed from land by that local authority in accordance with section 71(4) of the Act and to which section 71(7) of the Act applies, is being disposed of by that local authority,
(c) to a member of An Garda Síochána where a specified vehicle is being disposed of by An Garda Síochána under section 41 of the Road Traffic Act 1994 and any Regulations made thereunder, or as appropriate,
(d) to such other person as may be prescribed by the Minister (and the provisions of sub-regulations (2) and (3) and the relevant provisions of regulations 19 to 24 inclusive shall be construed accordingly),
on the deposit by the registered owner, an authorised person of a local authority, a member of An Garda Síochána or a person as may be prescribed by the Minister, of that vehicle at that facility for appropriate treatment and recovery.
(2) Subject to satisfactory compliance by an authorised treatment facility with the provisions of regulations 23(1), 23(2) and 23(3) and by the registered owner, an authorised person of a local authority or a member of An Garda Síochána with the provisions of regulations 24(1) and 24(2), that authorised treatment facility shall submit to the Minister, in an electronic form specified by the Minister, all relevant information relating to a certificate of destruction as set out in Schedule 3 of these Regulations.
(3) An authorised treatment facility shall not impose any charge, financial or otherwise, on the Minister, registered owner, authorised person of a local authority or member of An Garda Síochána for the supply of information under sub-regulation (1) nor for the issue of a certificate of destruction in respect of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, upon its deposit at that facility for appropriate treatment and recovery.
Certificate of Destruction issued in a Member State of the European Union
19. A certificate of destruction validly issued—
(a) by an authorised treatment facility in another Member State of the European Union, or as appropriate,
(b) where permitted by a competent authority in another Member State of the European Union, by a producer, dealer or collector on behalf of an authorised treatment facility,
in accordance with—
(i) Article 5(3) of the Directive, and
(ii) Commission Decision 2002/151/EC17 of 27 June 2002 concerning the minimum requirements for the certificate of destruction issued under Article 5(3) of the Directive,
shall have legal effect and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly.
Form and Content of the Certificate of Destruction
20. The certificate of destruction issued by an authorised treatment facility shall—
(a) contain at least the information listed in Schedule 3, which sets out the Annex to Commission Decision 2002/151/EC of 27th June 2002 concerning the minimum requirements for the certificate of destruction issued under Article 5(3) of the Directive, and
(b) be compiled and maintained by an authorised treatment facility in a form specified by the Minister.
Notification of Certificate of Destruction to the National Vehicle Records
21. (1) Where an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, has been deposited at an authorised treatment facility for appropriate treatment and recovery and that vehicle has been treated in accordance with the provisions of regulation 15 and Schedule 2 of these Regulations—
(a) if that facility is in the State and that vehicle is registered in the State, the owner or operator of that facility shall notify the Minister for Transport, Tourism and Sport of the issue of the certificate of destruction and all relevant information specified in Schedule 3 and shall, notwithstanding anything contained in any regulation, retain that vehicle’s registration document except where the registration document has been lost, stolen or destroyed, or in respect of vehicle’s being disposed of under regulations 18(1)(b) and 18(1)(c) which may not be otherwise available, or as appropriate,
(b) if that facility is in a Member State of the European Union other than the State and that vehicle is registered in the State, the registered owner of the end-of-life vehicle shall take all reasonable steps to notify the Minister for Transport, Tourism and Sport of the issue of the certificate of destruction and all relevant information specified in Schedule 3 and shall take all reasonable steps to surrender the end-of-life vehicle’s registration document to the Minister for Transport, Tourism and Sport except where the registration document has been lost, stolen or destroyed, or surrendered to that authorised treatment facility in accordance with the relevant national legislation for the time being in force in that Member State, or as appropriate,
(c) if that facility is in the State and that vehicle is registered in a Member State of the European Union other than the State, the registered owner of the end-of-life vehicle shall take all reasonable steps to notify the appropriate competent authority in that other Member State of the European Union of the issue of a certificate of destruction and the registered owner shall, where appropriate to the relevant national legislation for the time being in force in that Member State, surrender the end-of-life vehicle’s registration document, or equivalent document as the case may be, to the competent authority in that Member State.
(2) Without prejudice to the provisions of sub-regulation (1), the Minister for Transport, Tourism and Sport shall note on the joint licensing records such information, as may be determined by the Minister for Transport, Tourism and Sport from time to time, contained in a certificate of destruction issued under regulation 18, or as appropriate, regulation 19 in respect of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, registered in the State.
Obligations on Authorised Treatment Facilities
22. (1) The owner or operator of an authorised treatment facility shall not transfer an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, which has been deposited at that facility for appropriate treatment and recovery to any other person other than another authorised treatment facility.
(2) Notwithstanding the provisions of sub-regulation (1), responsibility for—
(a) the issue of a certificate of destruction in accordance with the provisions of regulation 18, and
(b) the notification of all relevant information contained in that certificate of destruction to the Minister for Transport Tourism and Sport in accordance with the provisions of regulation 21,
shall remain with the authorised treatment facility to which the registered owner, an authorised person of a local authority or a member of An Garda Síochána deposited the end-of-life vehicle, or the abandoned vehicle that is a specified vehicle, and the owner or operator of that facility shall require a written declaration from the authorised treatment facility to which that vehicle has been transferred to for subsequent appropriate treatment and recovery to verify that the vehicle will be treated in accordance with the provisions of regulation 15 and Schedule 2 of these Regulations.
(3) An end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, in respect of which a certificate of destruction has been issued, in accordance with the provisions of regulation 18, or as appropriate, regulation 19, shall not be subsequently—
(a) registered,
(b) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992 ,
(c) used in a public place, or without prejudice to sub-regulation (1),
(d) exported.
Information to be compiled by the Authorised Treatment Facility
23. (1) On the deposit of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, at an authorised treatment facility for appropriate treatment and recovery, the owner or operator of that facility shall duly record the facility’s—
(a) full name and address of its principal place of business,
(b) waste license number, or as appropriate, waste permit number, together with the full name and address of the principal place of business of the competent authority responsible for the issue of that permit, or as appropriate, license, and
(c) the unique number of the certificate of destruction and its date of issue,
on the certificate of destruction for that end-of-life vehicle.
(2) Subject to the satisfactory provision by the registered owner, an authorised person of a local authority or a member of An Garda Síochána of the particulars and information required under regulations 24(1) and 24(2), the owner or operator of the authorised treatment facility shall record such particulars and information on the certificate of destruction for the end-of-life vehicle concerned, or the abandoned vehicle that is a specified vehicle as the case may be.
(3) Notwithstanding sub-regulations (1) and (2), on the deposit of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, at an authorised treatment facility for appropriate treatment and recovery and without prejudice to the joint licensing records in respect of that vehicle, the owner or operator of that facility shall verify the—
(a) registration number of that vehicle,
(b) make, model and class of that vehicle,
(c) chassis number (vehicle identification number) of that vehicle,
(d) country of registration of that vehicle, and
and shall record such particulars and information on the certificate of destruction for that end-of-life vehicle, or that abandoned vehicle that is a specified vehicle.
(4) Without prejudice to regulation 24(2) and subject to the provisions of sub-regulations (1), (2) and (3), a certificate of destruction will not be deemed to be in order until such time as the signature of the owner or operator of the authorised treatment facility has been recorded on that certificate of destruction to verify that the end-of-life vehicle, or the abandoned vehicle that is a specified vehicle, will be treated in accordance with the provisions of regulation 15 and Schedule 2 of these Regulations.
(5) An authorised treatment facility shall maintain and preserve, in respect of each end-of-life vehicle, or abandoned vehicle that is a specified vehicle, deposited for appropriate treatment and recovery at that facility, the counterfoil of the certificate of destruction and the registration document surrendered in accordance with regulation 21(1)(a), for a period of not less than seven years.
Information to be provided by the Registered Owner
24. (1) To facilitate the owner or operator of an authorised treatment facility in complying with the provisions of regulations 23(2), 23(3) and 23(4), the registered owner, an authorised person of a local authority or a member of An Garda Síochána, on the deposit of an end-of-life vehicle, or an abandoned vehicle that is a specified vehicle, at that authorised treatment facility for appropriate treatment and recovery, will be required to provide to that facility, documentary evidence which will confirm to the owner or operator of that facility’s satisfaction—
(a) the full name of the registered owner, authorised person of a local authority or member of An Garda Síochána,
(b) the address of the registered owner, or as appropriate, address of the principal place of business of the authorised person of a local authority or member of An Garda Síochána,
(c) the nationality of the registered owner, and
(d) notwithstanding anything contained in any regulation, the end-of-life vehicle’s registration document except where that document has been lost, stolen or otherwise destroyed, or in respect of vehicle’s being disposed of under regulations 18(1)(b) and 18(1)(c) which may not be otherwise available.
(2) Notwithstanding regulation 23(4), a certificate of destruction will not be deemed to be in order until such time as the signature of the registered owner, an authorised person of a local authority or a member of An Garda Síochána has been recorded on that certificate of destruction to certify that the information recorded by the authorised treatment facility, in accordance with the provisions of regulations 23(1), 23(2) and 23(3), is recorded as true and accurate.
PART IV
DESIGN REQUIREMENTS
Limitation in the use of Hazardous Substances
25. On and from the date of commencement of these Regulations, each producer of specified vehicles shall, in liaison with vehicle material and equipment manufacturers, promote the prevention of waste by—
(a) restricting and reducing the use of hazardous substances in specified vehicles, of that producer’s brand or for which that producer has responsibility, insofar as it is possible from the conception of the vehicle and, as appropriate, through to its design, manufacture, use and repair, so as in particular to prevent their release into the environment, facilitate the recycling of specified vehicles at end-of-life and to avoid the need to dispose of hazardous waste arising there from,
(b) designing and producing new specified vehicles, of that producer’s brand or for which that producer has responsibility, including their materials and components, having taken into full account their dismantling, reuse, recovery and, in particular, their recycling at end-of-life, and
(c) integrating an increasing quantity of recycled material in the production of specified vehicles, of that producer’s brand or for which that producer has responsibility, and as appropriate, their materials and components.
Prohibition on Heavy Metals
26. (1) On and from the date of commencement of these Regulations, each producer shall in accordance with the provisions of article 4(2)(a) of the Directive ensure that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility, which that producer places on the market in the State do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in Annex II of the Directive.
(2) On and from the date of commencement of these Regulations, on the basis of information in a producer’s possession, where a producer is aware, or ought to be aware as a professional, that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility, which that producer has placed on the market in the State contain materials in concentrations which are prohibited under the provisions of sub-regulation (1), that producer shall immediately inform the competent authority prescribed by the Minister for this purpose, the details of which shall include—
(a) information enabling a precise identification of the specified vehicles in question,
(b) a full description of the relevant materials and components and the prohibited hazardous substances contained therein,
(c) all available information relevant for tracing the specified vehicles, and
(d) specified records for a specified period, or specified periods as appropriate, in such form and at such frequency as may be determined in a written request from that competent authority prescribed by the Minister.
(3) A producer shall on receipt of a written request being made by the competent authority prescribed by the Minister under the provisions of sub-regulation (2), provide every reasonable assistance to that competent authority within a period as may be specified by that authority.
Technical Documentation
27. (1) It shall be the responsibility of a producer to compile and maintain, for a period of seven years from the date a specified vehicle, of that producer’s brand or for which that producer has responsibility, is placed on the market in the State such technical documentation, and other information as appropriate, to verify that the materials and components of that specified vehicle are in compliance with the provisions of regulation 26 and Annex II of the Directive.
(2) At the written request of the competent authority prescribed by the Minister under the provisions of regulation 26(2), a producer shall submit technical documentation, and other information as appropriate, within a specified period to verify to that competent authority that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility, which that producer has put on the market in the State are in compliance with the provisions of article 26 and Annex II of the Directive.
Coding Standards
28. (1) On and from the date of commencement of these Regulations, each producer of specified vehicles, of that producer’s brand or for which that producer has responsibility, shall, in liaison with vehicle material and equipment manufacturers, use component and material coding standards to facilitate the identification of those components and materials which are suitable for reuse and recovery.
(2) For the purposes of these Regulations, “component and material coding standards” means the standards established by the Commission pursuant to article 8(2) of the Directive in accordance with the procedure laid down in article 11 of the Directive and which are set out in Schedule 4 of these Regulations which are in accordance with Commission Decision 2003/138/EC18 of 27 February 2003 establishing component and material coding standards for vehicles pursuant to the Directive.
(3) A producer shall on receipt of a written request being made by the competent authority prescribed by the Minister under the provision of regulation 26(2) submit technical documentation, and other information as appropriate, within a specified period to verify to that competent authority that component and material coding standards are being used in accordance with the provisions of sub-regulation (1) and Schedule 4 of these Regulations.
(4) It shall be the responsibility of a producer to compile and maintain, for a period of seven years from the date components and materials are placed on the market in the State, such technical documentation, and other information as appropriate, to verify that component and material coding standards, for specified vehicles of that producer’s brand or for which that producer has responsibility, are being used in accordance with the provisions of sub-regulation (1) and Schedule 4 of these Regulations.
Dismantling Information
29. (1) On and from the date of commencement of these Regulations, each producer of specified vehicles, of that producer’s brand or for which that producer has responsibility, shall—
(a) make available dismantling information for each type of new specified vehicle put on the market in the State within six months after the date that specified vehicles of that type are first put on the market in the State, and
(b) on receipt of a written request being made by the competent authority prescribed by the Minister under the provisions of regulation 26(2) submit the dismantling information referred to in paragraph (a) to that competent authority within a specified period.
(2) For the purposes of sub-regulation (1)(a), the dismantling information shall identify, in so far as it is needed by authorised treatment facilities, the different components and materials of the specified vehicle, and the location of all hazardous substances in the specified vehicle, in order to achieve the objectives set out in article 7 of the Directive, that is to say—
(a) the reuse of components which are suitable for reuse, and as appropriate,
(b) the recycling of components when such recycling is environmentally viable, and as appropriate,
(c) the recovery of components when it is not environmentally viable to reuse or recycle such components,
without prejudice to requirements regarding the safety of specified vehicles and environmental requirements such as air emissions and noise control.
(3) Without prejudice to commercial and industrial confidentiality, a producer of specified vehicles, of that producer’s brand or for which that producer has responsibility, shall make available to authorised treatment facilities upon a written request from such authorised treatment facilities all appropriate information concerning the dismantling, storage and testing of components of specified vehicles, of that producer’s brand or for which that producer has responsibility, which can be reused.
(4) On and from the date of commencement of these Regulations, each producer of specified vehicles, of that producer’s brand or for which that producer has responsibility, shall publish information on—
(a) the design of specified vehicles and their components with a view to their recoverability and recyclability,
(b) the appropriate treatment and recovery of end-of-life vehicles of that producer’s brand, in particular the removal of all fluids and dismantling,
(c) the development and optimisation of ways to reuse, recycle and recover end-of-life vehicles and their components of that producer’s brand, and
(d) the progress achieved with regard to recovery and recycling to reduce the waste to be disposed of and to increase the recovery and recycling rates.
(5) Each producer of specified vehicles, of that producer’s brand or for which that producer has responsibility, shall—
(a) make the information specified in sub-regulation (4) accessible to prospective buyers of specified vehicles, and
(b) include the information specified in sub-regulation (4) in promotional literature used in the marketing of new specified vehicles.
PART V
MISCELLANEOUS
Enforcement
30. (1) Subject to sub-regulation (2), each local authority shall be responsible for the enforcement of Parts II and III and regulations 32 and 36 of these Regulations within their functional areas and shall take such steps as are necessary for this purpose.
(2) Where an authorised treatment facility operates under a waste licence in accordance with the provisions of section 39 of the Act and any Regulations made thereunder, the Agency shall be responsible for the enforcement of regulations 13 to 16 inclusive, Schedule 2 of these Regulations and Part III of these Regulations in respect of that authorised treatment facility and shall take such steps as are necessary for this purpose.
(3) The competent authority prescribed by the Minister under the provisions of regulation 26(2) shall be responsible for the enforcement of Part IV of these Regulations within the State and shall take such steps as are necessary for this purpose.
Power of a Local Authority to require Submission of Information and issue Written Directions
31. (1) A local authority may, by notice in writing, require a producer to furnish, within a specified period of not more than six weeks, such further information or particulars as may be specified in the notice regarding a producer’s—
(a) application for registration, or as appropriate,
(b) application for renewal of registration,
for the purpose of complying with the provisions of regulation 12(4)(b).
(2) A local authority may, by notice in writing, require a producer to make, within a specified period of not more than six weeks and taking account of any directions as may be specified in the notice, a new application—
(a) for registration, or as appropriate,
(b) for renewal of registration,
for the purpose of complying with the provisions of regulation 12(7).
(3) A notice under sub-regulations (1) and (2) may specify the manner in which any matter is to be set out or addressed in an application for registration, or as appropriate, an application for renewal of registration, or the nature of the evidence to be furnished, as the case may be.
(4) A producer on whom a notice under this regulation has been served shall, within the period specified in the notice, comply with the terms thereof.
(5) Producers should maintain and make available for the purposes of inspection by the local authority all supporting information used in the preparation of an application for registration, or as appropriate, an application for renewal of registration made under regulation 11(1), or as appropriate, under regulation 11(8).
Authorised Persons
32. (1) An authorised person may, for any purpose connected with these Regulations
(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 An 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) 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 obtained a warrant from the District Court under sub regulation 5(b) authorising such 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.
(4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to these Regulations, 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) 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,
(d) 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,
(e) 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,
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) 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, in whose District the premises is located, 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 An 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).
(6) 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.
Requirement on a Registered Owner to deposit an End-of-Life Vehicle at an Authorised Treatment Facility
33. (1) The registered owner of a specified vehicle shall not discard that vehicle as waste, other than—
(a) at an authorised treatment facility in a producer’s national collection system, or as the case may be,
(b) at an authorised treatment facility which does not form a part of a producer’s national collection system.
Offences
34. (1) 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.
(2) 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 committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall 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.
Prosecutions and Penalties
35. (1) A prosecution for a summary offence on account of contravention or failure to comply with these Regulations may be taken by the Agency or relevant local authority as appropriate.
(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 any regulation of these Regulations may be commenced—
(a) at any time within 12 months from the date on which the offence was committed, or
(b) at any time within 6 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 paragraph (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 any regulation 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) A person guilty of an offence under
(a) regulation 14, 20, 22 or 33 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.
(5) 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 Prosecutor.
(6) 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 Prosecutor 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 Prosecutor.
Amendment of the Waste Management (Permit) Regulations 1998
36. (1) Each local authority shall take such steps as are necessary to ensure that authorised treatment facilities operating in the functional area of that local authority—
(a) operate under a waste licence, or as appropriate, a waste permit, granted by the relevant competent authority under section 39 of the Act and any Regulations made thereunder,
(b) meet the minimum technical requirements set out in Schedule 2 of these Regulations, in particular the minimum technical requirements set out in paragraphs 1, 2 and 5 of Schedule 2 which establish site conditions to which an authorised treatment facility at a minimum must comply—
(i) for the storage (including temporary storage) of end-of-life vehicles prior to their being the subject of appropriate treatment and recovery,
(ii) for the appropriate treatment and recovery of end-of-life vehicles, and
(iii) for the storage of components containing fluids, recoverable components and spare parts, and
(c) promote the introduction of certified environmental management systems in respect of their end-of-life vehicle treatment operations.
(2) For the purpose of complying with the provisions of sub-regulation (1), a waste permit granted in accordance with regulation 5(1), and Part I of the First Schedule, of the Waste Management (Permit) Regulations 199819 by a local authority to a facility for the dismantling or recovery of vehicles that is located in the functional area of that local authority shall be modified, on and from the 1st day of January 2007, so as now to include, as conditions to that waste permit, the requirements of regulations 13 to 16 inclusive and Schedule 2 of these Regulations and, in the event of any inconsistency between any such new condition and any prior condition in the waste permit, the prior condition shall be overridden by the new condition to the extent of such inconsistency.
(3) Without prejudice to sub-regulations (1) and (2), a waste permit granted in accordance with article 5(1), and Part I of the First Schedule, of the Waste Management (Permit) Regulations 1998 by a local authority to a facility for the recovery of scrap metal or other metal waste that is located in the functional area of that local authority shall be modified, on and from the 1st day of January 2007, so as now to include, as a condition to that waste permit, that the acceptance of scrap metal or other metal waste arising from end-of-life vehicles at that facility shall be subject to prior treatment at an authorised treatment facility in accordance with the provisions of regulation 15 and Schedule 2 of these Regulations and, in the event of any inconsistency between any such new condition and any prior condition in the waste permit, the prior condition shall be overridden by the new condition to the extent of such inconsistency.
(4) The Waste Management (Permit) Regulations 1998 ( S.I. No. 165 of 1998 ) are hereby amended by—
(a) the substitution of article 2 with the following article—
“2.The purposes for which these Regulations are made include the purpose of giving effect to provisions of—
(a) Council Directive 75/439/EEC20 of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December, 1986, and
(b) Council Directive 75/442/EEC21 of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991, and
(c) Council Directive 80/68/EEC22 of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances, and
(d) Council Directive 91/689/EEC23 of 12 December, 1991 on hazardous waste, and
(e) European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles.”
(b) the substitution of sub-article 5(2) with the following sub-article—
“(2) A local authority shall not grant a waste permit unless it is satisfied that—
(a) the activity concerned, carried on in accordance with such conditions as are attached to the permit, will not cause environmental pollution,
(b) any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment,
(c) the best available techniques will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned, and
(d) the applicant is a fit and proper person to hold a permit.”
(c) the addition after article 5(2) of the following sub-articles—
“(3) For the purpose of this article, a person shall be regarded as a fit and proper person if neither that person nor any other relevant person has been convicted of an offence prescribed for the purposes of section 40(7) of the Act.
(4) The local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this article notwithstanding that that person or any other relevant person is not a person to whom sub-article (3) applies.
(5) The references in sub-articles (3) and (4) to a relevant person are references to a person whom the local authority determines to be relevant for the purposes of considering the application or review concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.”
(d) the substitution of the Third Schedule with the following—
“THIRD SCHEDULE
Article 18
Provisions of Community Acts which are to be given effect to in relevant waste permits granted by a local authority.
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Revocation
37. (1) The Waste Management (End-of Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) as amended by the Waste Management (End-of Life Vehicles) (Amendment) Regulations 2010 ( S.I. No. 142 of 2010 ) and the European Communities (End-of Life Vehicles) (Amendment) Regulations 2011 ( S.I. No. 661 of 2011 ) and the European Union (End-of Life Vehicles) (Amendment) Regulations 2013 ( S.I. No. 327 of 2013 ) are revoked with effect from the date specified in regulation 3.
(2) This does not affect liability under the Waste Management (End-of Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) as amended by the Waste Management (End-of Life Vehicles) (Amendment) Regulations 2010 ( S.I. No. 142 of 2010 ) and the European Communities (End-of Life Vehicles) (Amendment) Regulations 2011 ( S.I. No. 661 of 2011 ) and the European Union (End-of Life Vehicles) (Amendment) Regulations 2013 ( S.I. No. 327 of 2013 ), for any offences committed before the date specified in regulation 3.
(3) References to the Waste Management (End-of Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) as amended by the Waste Management (End-of Life Vehicles) (Amendment) Regulations 2010 ( S.I. No. 142 of 2010 ) and the European Communities (End-of Life Vehicles) (Amendment) Regulations 2011 ( S.I. No. 661 of 2011 ) and the European Union (End-of Life Vehicles) (Amendment) Regulations 2013 ( S.I. No. 327 of 2013 ) in any Act or instrument made under such Act shall be construed as references to the European Union (End-of Life Vehicles) Regulations 2014.
SCHEDULE 1
INFORMATION TO LOCAL AUTHORITIES
PART 1
INFORMATION TO BE PROVIDED FOR THE PURPOSE OF REGISTRATION
1. Name(s), address, certificate of incorporation number, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.
Name:
Name (as per Certificate of Incorporation) (if different to the above):
Address of Registered Office:
Telephone No.:
Fax No.:
E-mail:
Certificate of Incorporation No.:
2. Location of premises at or from which specified vehicles, of that producer’s brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.
3. An estimate of—
(i) the number of specified vehicles, of that producer’s brand or for which that producer has responsibility, that will be placed on the market in the functional area of the local authority over the period for which the initial registration applies, and
(ii) the number of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that will arise in the functional area of the local authority over the period for which the initial registration applies.
4. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that will be incorporated into the producer’s national collection system.
Name:
Address:
Telephone No.:
Fax No.:
E-mail:
Waste Permit No.:
Waste Collection Permit No.: (if applicable)
5. An estimate of the average and maximum distance (in kilometres) that the registered owner of an end-of-life vehicle would have to travel in order to deposit that end-of-life vehicle at an authorised treatment facility in the functional area of the local authority that will be incorporated into the producer’s national collection system.
6. A signed declaration from the producer to confirm that the authorised treatment facility, or facilities as the case may be, in the functional area of the local authority have sufficient capacity to treat the actual number of the producer’s specified vehicles, of that producer’s brand or for which that producer has responsibility, that are likely to become end-of-life vehicles in the functional area of the local authority over the period for which the initial registration applies.
7. A three-year implementation plan specifying the measures to be taken by the producer in order to comply with the requirements of these Regulations, including in particular the measures which that producer intends to take to ensure the appropriate treatment and recovery of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, in the functional area of the local authority.
8. A signed declaration by the producer to confirm that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility, that will be put on the market in the functional area of the local authority do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in Annex II of the Directive.
9. A certificate from an independent person who is qualified at the time of the certificate to be appointed, or continue to be, the auditor of the producer if that producer is a company, or if the producer is not a company, would be qualified to be auditor if the producer were a company, confirming the turnover of the producer in the preceding twelve month period, or as the case may be, if the producer is a new entrant to the market then the projected turnover for the first twelve months of that producer’s activities in the State.
10. A signed declaration by the producer undertaking that the producer will not make arrangements or enter into agreements with any economic operator which are prohibited by section 4 (1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 81 of the Treaty of Rome, or as appropriate, act in a manner prohibited by section 5 (1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 82 of the Treaty of Rome.
PART 2
INFORMATION TO BE PROVIDED FOR THE PURPOSE OF RENEWAL OF REGISTRATION
1. Name(s), address, certificate of Incorporation number, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.
Name:
Name (as per Certificate of Incorporation) (if different to the above):
Address of Registered Office:
Telephone No.:
Fax No.:
E-mail:
Certificate of Incorporation No.:
2. Location of premises at or from which specified vehicles, of that producer’s brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.
3. An estimate of—
(i) the number of specified vehicles, of that producer’s brand or for which that producer has responsibility, that will be placed on the market in the functional area of the local authority over the period for which the renewal of registration applies, and
(ii) the number of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that will arise in the functional area of the local authority over the period for which the renewal of registration applies.
4. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that will be incorporated into the producer’s national collection system.
Name:
Address:
Telephone No.:
Fax No.:
E-mail:
Waste Permit No.:
Waste Collection Permit No.: (if applicable)
5. Having regard to experience in the preceding registration period—
(a) the average and longest distance (in kilometres) that registered owners of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, had to travel in order to deposit end-of-life vehicles at an authorised treatment facility in the functional area of the local authority that is, or as appropriate,
(b) an estimate of the average and maximum distance (in kilometres) that the registered owner of an end-of-life vehicle, of that producer’s brand or for which that producer has responsibility, would have to travel in order to deposit that end-of-life vehicle at an additional authorised treatment facility in the functional area of the local authority that will be
incorporated into the producer’s national collection system.
6. Having regard to experience in the preceding registration period a signed declaration from the producer demonstrating that the authorised treatment facility, or facilities as the case may be, in the functional area of the local authority has and will continue to have sufficient capacity to treat the actual number of specified vehicles, of that producer’s brand or for which that producer has responsibility, that are likely to become end-of-life vehicles in the functional area of the local authority over the period for which the renewal of registration applies.
7. A revised three-year implementation plan, having regard to experience in the preceding registration period, specifying the measures to be taken by the producer in order to comply with the requirements of these Regulations, including in particular the measures which that producer intends to take to ensure the appropriate treatment and recovery of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, in the functional area of the local authority.
8. A signed declaration by the producer to confirm that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility, that will be put on the market in the functional area of the local authority do not contain lead, mercury, cadmium or hexavalent chromium other than in the cases specified in Annex II of the Directive.
9. A report specifying the steps taken by the producer in order to comply with the requirements of these Regulations in the functional area of the local authority in the preceding registration period, and the results of those steps.
10. A certificate from an independent person who is qualified at the time of the certificate to be appointed, or continue to be, the auditor of the producer if that producer is a company, or if the producer is not a company, would be qualified to be auditor if the producer were a company, confirming the turnover of the producer in the preceding twelve month period.
11. A signed declaration by the producer undertaking that the producer will not make arrangements or enter into agreements with any economic operator which are prohibited by section 4(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 81 of the Treaty of Rome, or as appropriate, act in a manner prohibited by section 5(1) of the Competition Act 2002 (No. 14 of 2002), or as appropriate, by Article 82 of the Treaty of Rome.
12. Copies of all notices published, clearly indicating the date and title of the relevant newspaper(s) in which those notices were published, in the functional are of the local authority.
PART 3
INFORMATION TO BE PROVIDED IN AN IMPLEMENTATION PLAN
1. Name(s), address, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.
2. Location of premises at or from which specified vehicles, of that producer’s brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.
3. An accurate estimation of—
(i) the number of specified vehicles, of that producer’s brand or for which that producer has responsibility, that will be placed on the market in the functional area of the local authority over the period for which the registration applies, and
(ii) the number of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, that will arise in the functional area of the local authority over the period for which the registration applies, together with
a detailed description of the methodology used to determine such estimations.
4. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that will be incorporated into the producer’s national collection system, together with proposals on how the producer intends to establish and monitor the operation of such a national collection system.
5. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional areas of neighbouring local authorities that will be incorporated into the producer’s national collection system.
6. Proposals in relation to the measures the producer will take to ensure that the producer’s national collection system will have sufficient capacity to treat the actual number of that producer’s specified vehicles that are likely to become end-of-life vehicles in each of the given years to which the implementation plan applies.
7. An accurate estimation of the average and longest distance (in kilometres) that registered owners of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, will have to travel in order to deposit end-of-life vehicles at an authorised treatment facility in the functional area of the local authority together with a detailed description of the methodology used to determine such an estimation.
8. Proposals in relation to the measures the producer will take to ensure that no charge is imposed on the registered owner of an end-of-life vehicle, in accordance with the provisions of article 9(9), of that producer’s brand or for which that producer has responsibility, deposited at an authorised treatment facility which forms a part of the producer’s national collection system in the functional area of the local authority.
9. Proposals in relation to the measures the producer will take to ensure that each authorised treatment which forms a part of the producer’s national collection system in the functional area of the local authority, meets the minimum technical requirements in accordance with regulation 14 and Schedule 2 of these Regulations.
10. Proposals in relation to the measures the producer will take to ensure that an end-of-life vehicle, of that producer’s brand or for which that producer has responsibility, deposited at an authorised treatment facility which forms a part of the producer’s national collection system, is treated in accordance with regulation 15 and Schedule 2 of these Regulations.
11. A brief description of the technical documentation that the producer can make available to demonstrate that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility, which that producer has put on the market in the State do not contain lead, mercury, cadmium or hexavalent chromium except in the cases specified in accordance with regulation 26 and Annex II of the Directive.
12. A brief description of the technical documentation that the producer can make available to demonstrate that component and material coding standards are being used to facilitate the identification of those components and materials which are suitable for reuse and recovery in accordance with regulation 28 and Schedule 4 of these Regulations, for specified vehicles of that producer’s brand or for which that producer has responsibility, which that producer has put on the market in the State.
13. A brief description of the dismantling information that the producer can make available for each type of new specified vehicle put on the market in the State within six months after the date that specified vehicles of that type are first put on the market in the State to authorised treatment facilities who so request.
14. Proposals in relation to record keeping, in accordance with regulation 13 of these Regulations and the form specified by the Minister for the purpose of complying with this regulation, to facilitate the reporting of the reuse/recovery and reuse/recycling targets achieved by authorised treatment facilities which form a part of the producer’s national collection system.
PART 4
INFORMATION TO BE PROVIDED IN A REPORT
1. Name(s), address, telephone number, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the producer.
2. Location of premises at or from which specified vehicles, of that producer’s brand or for which that producer has responsibility, are, or will be, placed on the market in the functional area of the local authority.
3. A description of—
(i) the number of specified vehicles, of that producer’s brand or for which that producer had responsibility, that were be placed on the market in the functional area of the local authority over the period for which the previous registration applied, and
(ii) the number of end-of-life vehicles, of that producer’s brand or for which that producer had responsibility, that arose in the functional area of the local authority over the period for which the previous registration applied.
4. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility in the functional area of the local authority that was incorporated into the producer’s national collection system, together with the number of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, treated in each of those authorised treatment facilities over the period for which the previous registration applied.
5. The name, address, telephone number, fax number, electronic mail address and waste permit number or waste licence number, as appropriate, for each authorised treatment facility that was incorporated into the producer’s national collection system in the functional areas of neighbouring local authorities, together with the number of end-of-life vehicles (if any), of that producer’s brand or for which that producer had responsibility, treated in each of those neighbouring authorised treatment facilities over the period for which the previous registration applied.
6. The results of all measures taken by the producer to ensure that the producer’s national collection system had sufficient capacity over the period for which the previous registration applied to treat the actual number of that producer’s specified vehicles that became end-of-life vehicles in that period.
7. A description of the average and longest distance (in kilometres) that registered owners of end-of-life vehicles, of that producer’s brand or for which that producer has responsibility, had to travel in order to deposit end-of-life vehicles at an authorised treatment facility in the functional area of the local authority over the period for which the previous registration applied.
8. The results of all measures the producer took to ensure that no charge was imposed on the registered owner of an end-of-life vehicle, in accordance with the provisions of regulation 9(9), of that producer’s brand or for which that producer has responsibility, deposited at an authorised treatment facility which formed a part of the producer’s national collection system in the functional area of the local authority over the period for which the previous registration applied.
9. The results of all measures the producer took to ensure that each authorised treatment facility which formed a part of the producer’s national collection system in the functional area of the local authority, met the minimum technical requirements in accordance with regulation 14 and Schedule 2 of these Regulations over the period for which the previous registration applied.
10. The results of all measures the producer took to ensure that an end-of-life vehicle, of that producer’s brand or for which that producer has responsibility, deposited at an authorised treatment facility which formed a part of the producer’s national collection in the functional area of the local authority, was treated in accordance with regulation 15 and Schedule 2 of these Regulations over the period for which the previous registration applied.
11. The number of applications (if any) received for copies of the technical documentation that the producer can make available to demonstrate that the materials and components of specified vehicles, of that producer’s brand or for which that producer has responsibility, which that producer has put on the market in the State do not contain lead, mercury, cadmium or hexavalent chromium except in the cases specified in accordance with regulation 26 and Annex II of the Directive over the period for which the previous registration applied.
12. The number of applications (if any) received for copies of the technical documentation that the producer can make available to demonstrate that component and material coding standards are being used to facilitate the identification of those components and materials which are suitable for reuse and recovery in accordance with regulation 28 and Schedule 4 of these Regulations, for specified vehicles of that producer’s brand or for which that producer has responsibility, which that producer has put on the market in the State over the period for which the previous registration applied.
13. A brief description of the dismantling information that the producer made available for each type of new specified vehicle put on the market in the State and the authorised treatment facilities such information was made available to over the period for which the previous registration applied.
14. The results, prepared in accordance with regulation 13 of these Regulations and the form specified by the Minister for the purpose of complying with this article, on the reuse/recovery and reuse/recycling targets achieved by authorised treatment facilities which formed a part of the producer’s national collection over the period for which the previous registration applied.
PART 5
REQUIRMENTS REGARDING A NOTICE UNDER ARTICLE 9(8)
A notice for the purpose of regulation 9(8) shall—
(a) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 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,
(c) not be obscured or concealed at any time, and
(d) state the following—
“THE WASTE MANAGEMENT ACT 1996
For the purpose of its being the subject of appropriate treatment and recovery, [name of authorised treatment facility] will accept free of charge in accordance with the provisions of Waste Management Act 1996 any end-of-life vehicle of the [name of producer(s)] brand, subject to the conditions specified hereafter. Patrons should note that a charge may be imposed where the essential components of the end-of-life vehicle (i.e. the vehicle’s engine, coachwork, transmission, gearbox and catalytic converter) are missing or where waste has been added to that end-of-life vehicle. ”
PART 6
REQUIRMENTS REGARDING A NOTICE UNDER REGULATION 17(5)
A notice for the purpose of regulation 17(5) shall state the following—
“WASTE MANAGEMENT ACT 1996
[Name of producer]
An end-of-life vehicle of the [name of producer(s)] brand may be deposited free of charge in accordance with the provisions of Waste Management Act 1996, subject to the conditions specified hereafter, at [name and address of authorised treatment facility] for appropriate treatment and recovery. Patrons should note that a charge may be imposed where the essential components of the end-of-life vehicle (i.e. the vehicle’s engine, coachwork, transmission, gearbox and catalytic converter) are missing or where waste has been added to that end-of-life vehicle. ”
SCHEDULE 2
MINIMUM TECHNICAL REQUIREMENTS
FOR APPROPRIATE TREATMENT AND RECOVERY OF END-OF-LIFE VEHICLES IN ACCORDANCE WITH REGULATIONS 14 AND 15
1. The storage (including temporary storage) of an end-of-life vehicle prior to its being the subject of appropriate treatment and recovery shall only be carried out at a site:
— having impermeable surfaces in all appropriate areas which are provided with spillage collection facilities, decanters and cleanser-degreasers, and
— provided with equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations.
2. The appropriate treatment and recovery of an end-of-life vehicle shall only be carried out at a site:
— having impermeable surfaces in all appropriate areas which are provided with spillage collection facilities, decanters and cleanser-degreasers;
— provided with appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts;
— provided with appropriate containers for storage of batteries (with electrolyte neutralisation on-site or elsewhere), filters and PCB-containing condensers, and as appropriate, PCT-containing condensers;
— provided with appropriate storage tanks for the segregated storage of end-of-life vehicle fluids which may include fuel, motor oil, gearbox oil, transmission oil, hydraulic oil, cooling liquids, anti-freeze, brake fluids, battery acids, air conditioning system fluids and any other fluid contained in the end-of-life vehicle;
— provided with equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations;
— having appropriate storage for used tyres, without excessive stockpiling, which is designed and operated to minimise the risk of fire and potential fire hazards.
3. Treatment operations for the depollution of end-of-life vehicles shall consist of:
— the removal of the battery, or as appropriate, batteries;
— the removal of the liquefied gas tank;
— the removal or neutralisation of all potential explosive components (including air bags);
— the removal and separate collection and storage of all fuel, motor oil, transmission oil, gearbox oil, hydraulic oil, cooling liquids, anti-freeze, brake fluids, air conditioning system fluids and any other fluid contained in the end-of-life vehicle, unless they are necessary for the reuse of the parts concerned;
— the removal, insofar as it is feasible, of all components identified as containing mercury.
4. To promote the recycling of end-of-life vehicles, where an article or material listed hereunder is first present in an end-of-life vehicle, no treatment of that vehicle shall prevent the removal of:
— the catalyst, or as appropriate, catalysts,
— all metal components containing copper, aluminium and magnesium if these metals are not segregated in the shredding process,
— tyres and large plastic components (including bumpers, dashboard and any fluid containers) if these materials are not segregated in the shredding process in such a way that they can be effectively recycled as materials,
— glass,
and where any such article or material is removed, it shall be carried out in such manner so as to best promote its recycling.
5. Storage operations are to be carried out in such manner so as to avoid damage to:
— components containing fluids;
— recoverable components;
— spare parts.
SCHEDULE 3
MINIMUM REQUIREMENTS FOR THE CERTIFICATE OF DESTRUCTION
ISSUED IN ACCORDANCE WITH ARTICLE 5(3) OF DIRECTIVE 2000/53/EC ON END OF LIFE VEHICLES
1. Name, address, signature and waste permit number, or as appropriate, waste licence number, of the establishment or undertaking issuing the certificate.
2. Name and address of competent authority responsible for the permit, or as appropriate, licence, (in accordance with Article 6(2) of Directive 2000/53/EC) for the establishment or undertaking issuing the certificate of destruction.
3. Where the certificate of destruction is issued by a producer, dealer or collector on behalf of an authorised treatment facility, the name and address and waste permit number, or as appropriate, waste licence number, of the establishment or undertaking issuing the certificate.
4. Date of issue of the certificate of destruction.
5. Vehicle nationality mark and registration number (attach the registration document or a statement by the establishment or undertaking issuing the certificate that the registration document has been destroyed).
6. Class of vehicle, brand and model.
7. Vehicle identification number (chassis).
8. Name, address, nationality and signature of the registered owner of the vehicle delivered.
SCHEDULE 4
NOMENCLATURE OF COMPONENT AND MATERIAL CODING STANDARDS
For the labelling and identification of vehicle plastic components and materials having a weight of more than 100 grams, the following nomenclature applies—
— ISO 1043-1 Plastics — symbols and abbreviated terms. Part 1: Basic polymers and their special characteristics.
— ISO 1043-2 Plastics — symbols and abbreviated terms. Part 2: Fillers and reinforcing materials.
— ISO 11469 Plastics — Generic identification and marking of plastic components.
For the labelling and identification of vehicle elastomer components and materials having a weight of more than 200 grams, the following nomenclature applies—
— ISO 1629 Rubbers and lattices — Nomenclature. This shall not apply to the labelling of tyres
The symbols “<” or “>” used in ISO standards, can be substituted by brackets.
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GIVEN under my Official Seal,
14 June 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 are designed to implement the provisions of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles. They are intended to facilitate the achievement of the—
— 85% reuse/recovery with 80% reuse/recycling by average weight per vehicle and year, on and from the date of commencement of the Regulations, and
— 95% reuse/recovery with 85% reuse/recycling by average weight per vehicle and year, by the 1 of January 2015.
The Regulations place obligations on each producer to establish a national collection system for the collection of specified vehicles, of that producer’s brand or for which that producer has responsibility, which that producer anticipates will become end-of-life vehicles in the State and will require appropriate treatment and recovery. Each producer’s national collection system will comprise of at least one authorised treatment facility in the functional area of each local authority and must have sufficient capacity to treat the number of end-of-life vehicles, of that producer’s brand or for which that producer is responsible, that arise in any given year.
An authorised treatment facility in a producer’s national collection system must be reasonably accessible to any person who wishes to deposit an end-of-life vehicle to that facility and where that vehicle is accepted for appropriate treatment and recovery no charge shall be imposed on the registered owner of that vehicle except in cases where the vehicle’s essential components are missing or waste has been added to that vehicle. This applies from 1 November 2006 to vehicles placed on the market on or after 1 July 2002 and to all vehicles from 1 January 2007. Each producer shall be required to register with each local authority and to provide specified information to the local authorities to accompany their registration.
In Part IV of the Regulations, obligations are imposed on producers to ensure that the materials and components of vehicles do not contain lead, mercury, cadmium or hexavalent chromium other than in cases specified in Annex II of the Directive and that technical documentation must be made available by the producer to verify compliance with these requirements.
Obligations are imposed on authorised treatment facilities to ensure that such facilities operate under a waste license, or as appropriate, a waste permit and meet the minimum technical requirements for the—
(i) storage (including temporary storage) of end-of-life vehicles prior to their being the subject of appropriate treatment and recovery,
(ii) appropriate treatment and recovery of end-of-life vehicles,
(iii) storage of components containing fluids, recoverable components and spare parts.
An authorised treatment facility shall be required to keep specified records in relation to the appropriate treatment and recovery of end-of-life vehicles and report to a producer, if that facility forms a part of a producer’s national collection system, or to a local authority, if that facility does not form a part of a producer’s national collection system.
From the 1 January 2007, on the deposit of an end of life vehicle at an authorised treatment facility for appropriate treatment and recovery, the owner or operator of that facility shall issue a certificate of destruction to the registered owner, an authorised person of a local authority or a member of An Garda Síochána and all relevant information relating to that certificate of destruction shall be noted on the national vehicle records.
1 O.J. No. L 269, 21.10.2000, page 34.
2 O.J. No. L170, 29.6.2002, page 81.
3 O.J. No. L25, 28.1.2005, page 73.
4 O.J. No. L152, 15.6.2005, page 19.
5 O.J. No. L254, 30.9.2005, page 69.
6 O.J. No. L81, 20.3.2008, page 62.
7 O.J. No. L345, 23.12.2008, page 68.
8 O.J. No. L85, 31.3.2011, page 3.
9 O.J. No. L135, 22.5.2013, page 14.
10 O.J. No. L312, 22.11.2008, page 3.
11 O.J. No. L 196, 16.8.1967, page 1.
12S.I. No. 213 of 2004
13 O.J. No. L 42, 23.2.1970, page 1.
14 O.J. No. L 124, 9.5.2002, page 1
15 O.J. No. L 225, 10.8.1992, page 72
16 O.J. No. L 94, 13.4.2005, page 30
17 O.J. No. L 50, 21.2.2002, page 94
18 O.J. No. L 53, 28.2.2003, page 58
19S.I. No. 165 of 1998.
20 O.J. No. L194, 25.7.75, page 23 and O.J. No. L42, 12.2.87, page 43.
21 O.J. No. L194, 25.7.75, page 39 and O.J. No. L78, 26.3.91, page 32.
22 O.J. No. L20, 26.1.80, page 43.
23 O.J. No. L377, 31.12.91, page 20.
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