European Communities (Waste Electrical and Electronic Equipment) Regulations 2011.

• Statutory Instrument No.: 355/2011
• Published date: 12 July 2011

INDEX

PART I

Preliminary and General

1. Citation.

2. Purpose of Regulations.

3. Interpretation of Regulations.

4. Scope of Regulations.

PART II

Registration Body

5. Establishment of a Registration Body.

6. Grant or refusal of approval.

7. Review and revocation of approval.

8. Functions of the Registration Body.

9. Powers of the Registration Body.

10. Obligation of Producer to register with the Registration Body.

11. Application for registration or renewal of registration.

12. Certification of producers.

13. Distance Sellers.

PART III

Management of Waste Electrical and Electronic Equipment

14. Distributor responsibility.

15. Disposal of waste electrical and electronic equipment by distributors.

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

17. Collection of waste electrical and electronic equipment by a producer.

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

19. Alternative financing arrangements.

20. Collection of waste electrical and electronic equipment.

21. Storage of waste electrical and electronic equipment.

22. Treatment of waste electrical and electronic equipment.

23. Recovery of waste electrical and electronic equipment.

24. Record keeping.

25. WEEE waste management plans and reports.

26. Obligation of producers to provide information to recovery facilities.

27. Format of information to be provided to recovery facilities.

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

29. Obligation of producers to provide information to the Registration Body.

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

PART IV

Approved Bodies

31. Exemption from certain requirements.

32. Application to the Minister for approval.

33. Grant or refusal of approval.

34. Review and revocation of approval.

35. Use of logo adopted by an approved body.

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

PART V

Offences and Functions of the Agency and Local Authorities

37. Enforcement.

38. Powers of authorised persons.

39. Offences.

40. Registration of Distributors.

PART VI

Miscellaneous

41. Non-application of section 34(1) (a) of the Act of 1996.

42. Non-application of section 39(1) of the Act of 1996.

43. Product Design.

44. Reuse of electrical and electronic equipment.

45. Commencement.

46. Revocation.

FIRST SCHEDULE

Categories of Electrical and Electronic Equipment

SECOND SCHEDULE

List of Electrical and Electronic Equipment which shall be taken into account for the purpose of these Regulations and which fall under the Categories set out in the First Schedule

THIRD SCHEDULE

Calculation of the Amount Equal to Interest Compounded on a Daily Basis in Accordance with Article 16

FOURTH SCHEDULE

Information to be Compiled and Provided when applying for Registration or Renewal of Registration in accordance with Article 11

FIFTH SCHEDULE

Requirements Regarding Notices in accordance with Articles 14, 25 and 30

SIXTH SCHEDULE

Technical Requirements in accordance with Article 6(3) of the Directive when first published on 13 February 2003 and which may be amended from time to time

SEVENTH SCHEDULE

Selective Treatment for Materials and Components of Waste Electrical and Electronic Equipment in Accordance with Article 6(1) of the Directive when first published on 13 February 2003 and which may be amended from time to time

EIGHTH SCHEDULE

Information to be provided in Plans and Reports In accordance with Article 25

NINTH SCHEDULE

Symbol for the Marking of Electrical and Electronic Equipment indicating separate collection in accordance with Article 28

TENTH SCHEDULE

Information to be provided when applying for Registration or Renewal of Registration in accordance with Article 40

ELEVENTH SCHEDULE

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 Article 42

TWELFTH SCHEDULE

Information to be provided in Applications for Registration in accordance with Article 42

S.I. No. 355 of 2011

EUROPEAN COMMUNITIES (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th July, 2011.

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), for the purpose of giving further effect to the provisions of European Parliament and Council Directive 2002/96/EC1 amended by European Parliament and Council Directive 2003/108/EC2 of 8 December 2003 and by Article 5 of Directive 2008/112/EC3 of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC4 , 88/378/EEC5 , 1999/13/EC6 and Directives 2000/53/EC7 , 2002/96/EC8 and 2004/42/EC9 of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/200810 , hereby make the following Regulations:

PART I

Preliminary and General

Citation

1. These Regulations may be cited as the European Communities (Waste Electrical and Electronic Equipment) Regulations 2011.

Purpose of Regulations

2. The purposes for which these Regulations are made include the purpose of giving further effect to provisions of European Parliament and Council Directive 2002/96/EC on waste electrical and electronic equipment as amended by European Parliament and Council Directive 2003/108/EC of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment and by Article 5 of Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/2008.

Interpretation of Regulations

3. (1) In these Regulations, any reference to a Schedule or article that is not otherwise identified is a reference to a Schedule or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph that is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations, save where the context otherwise requires—

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

“Agency” means the Environmental Protection Agency;

“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 the provisions of Regulations made under section 29(4) (u) of the Act of 1996;

“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 prescribed to be an authorised person for the proposes of the Act or any Part or section thereof;

“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 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 of 1996, or other such facilities as may be prescribed in Regulations;

“dangerous substance or mixture” has the same meaning as “dangerous substance or preparation” and means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC11 or, as appropriate, Directive 1999/45/EC of the European Parliament and of the Council12 ; and—

(a) means any mixture which has to be considered dangerous under Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous...