European Union (Waste Electrical and Electronic Equipment) Regulations 2014

JurisdictionIreland
CitationIR SI 149/2014

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 or Authorised Representative to register with the Registration Body.

11. Registration, information and reporting.

12. Certification of Producers or Authorised Representatives.

13. Distance Sellers.

PART III

MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

14. Distributor responsibility.

15. Transfer 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 or authorised representative.

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 and shipments 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 or authorised representatives 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 or authorised representatives 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

FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES

37. Offences and 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.

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

43. Product Design.

44. Re-use of electrical and electronic equipment.

45Commencement.

46. Revocation.

SCHEDULE 1

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

SCHEDULE 2

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

SCHEDULE 3

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

SCHEDULE 4

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

SCHEDULE 5

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

SCHEDULE 6

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

SCHEDULE 7

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

SCHEDULE 8

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

SCHEDULE 9

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

SCHEDULE 10

MINIMUM RECOVERY TARGETS IN ACCORDANCE WITH ARTICLE 11 OF THE DIRECTIVE

SCHEDULE 11

MINIMUM REQUIREMENTS FOR SHIPMENTS OF USED EEE SUSPECTED TO BE WEEE

SCHEDULE 12

INFORMATION TO BE PROVIDED IN PLANS IN ACCORDANCE WITH REGULATION 25

SCHEDULE 13

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

SCHEDULE 14

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

SCHEDULE 15

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

SCHEDULE 16

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

S.I. No. 149 of 2014

EUROPEAN UNION (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th March, 2014.

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

PART I

PRELIMINARY AND GENERAL

Citation

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...

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