WASTE MANAGEMENT (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) (AMENDMENT) REGULATIONS 2008
Source: Iris Oifigiúl 2008-09-26

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paragraphs: These Regulations may be cited as the Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008.
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paragraphs: (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—
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paragraphs: Articles—
(a) 4(a) to 4(q), 4(t), 4(u) and 4(w) to 4(vvv) of these Regulations shall come into operation on the 26th day of September 2008, and
(b) 4(r), 4(s) and 4(v) of these Regulations shall come into operation on the 1st day of January 2009.
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paragraphs: The Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) are hereby amended by the—
(a) substitution of “the Act” means the Waste Management Acts 1996 to 2005” with “ “the Act” means the Waste Management Acts 1996 to 2008” in article 3(3),
(b) substitution of “the Waste Management Acts 1996 to 2005” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003) and the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 )” with “the Waste Management Acts 1996 to 2008” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), the Waste Management (Environment Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ), the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ) and the Waste Management (Landfill Levy) Order 2008 ( S.I. No. 168 of 2008 )” in article 3(3),
(c) insertion of “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 (nonrechargeable) or consisting of one or more secondary battery cells (rechargeable);” in article 3(3),
(d) insertion of ““Central Statistics Office” means the Office established under section 8(1) of the Statistics Act 1993 (No. 21 of 1993);” in article 3(3),
(e) substitution of “the names and addresses in the State of the officers of the registration body and its board of directors” with “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” in article 6(2)(b),
(f) addition of the following sub-articles after article 10(2)—
“(3) Any person who is not in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 12 shall be prohibited from displaying any registration number issued by the registration body on any documentation, website or at any place.
(4) Any person organising a trade show, exhibition or, as appropriate, any event where electrical and electronic equipment is being distributed shall ensure that any distributor or, as appropriate, producer, distributing electrical and electronic equipment at the trade show, exhibition or, as appropriate, event concerned—
(a) is registered in accordance with the provisions of article 37, and
(b) who is required to comply with the provisions of sub-article (1) is in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 12.
(5) Notwithstanding sub-article (4), any person organising a trade show, exhibition or, as appropriate, any event who fails to ensure that a producer placing electrical and electronic equipment on the market in the State at the trade show, exhibition or, as appropriate, event concerned is in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 12 shall be obliged to—
(a) register each producer concerned in accordance with the provisions of sub-article (1),
(b) take on the financial obligations of each producer concerned in accordance with the provisions articles 16 and 17,
(c) achieve the targets specified in article 22,
(d) maintain satisfactory records in accordance with the provisions of article 23,
(e) provide the information specified in articles 11, 24, 25, 27, 28 or 29, or, as appropriate,
(f) comply with the provisions of Regulations made under section 53H of the Act.”,
(g) substitution of “be prohibited from distributing electrical and electronic equipment placed on the market by a producer who—
(i) is not in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 12, or
(ii) does not display the registration number issued to said producer in accordance with the provisions of article 12 on any invoice, credit note, dispatch or delivery docket in respect of electrical and electronic equipment supplied to the distributor concerned,” with
(i) placed on the market 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 by a producer who—
(h) insertion of “household” between “supplies” and “electrical and electronic equipment” in article 14(7)(c),
(i) addition of the following sub-articles after article 14(7)
“(8) Without prejudice to sub-articles (2)(a) and (7)(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.”,
(j) addition of the following sub-articles after article 15(3)
“(4) Without prejudice to sub-article (1)(a)(i), any distributor who transfers 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 responsible for financing the environmentally sound management of the waste electrical and electronic equipment concerned in accordance with the provisions of article 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 article 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 shall,—
(d) ensure that its storage complies with the technical requirements as set out in Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time,
(e) ensure that its treatment shall, as a minimum, include the removal of all fluids and selective treatment in accordance with the requirements as set out in Annex II of the Directive, subject to any amendment that may be made to that Annex from time to time,
(f) on and from 31 December 2008, ensure 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 targets prescribed in article 22, and
(g) ensure where the waste electrical and electronic equipment concerned is treated in a third country, it is treated at a facility appropriately licensed or, as appropriate, permitted by the relevant authority or authorities in the third country concerned, and furnish documentary evidence that the requirements of paragraph (c) have been complied with.
(5) Any person to whom sub-article (4) applies shall ensure that he or she or a third party acting on his or her behalf records—
(a) the source of all waste electrical and electronic equipment collected, and
(b) in accordance with the detailed rules for monitoring compliance as determined by Article 7.3 of the Directive, the mass of its waste electrical and electronic equipment, components, materials and substances when entering and leaving a recovery facility carrying out the treatment of waste electrical and electronic equipment or as appropriate, when entering a recovery facility carrying out the recycling of waste electrical and electronic equipment.
(6) Records kept pursuant to sub-article (5) 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.
(7) The prohibition in sub-article (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.”,
(k) substitution of “(ii) all” with “(i) all” in article 16(6)(a),
(l) deletion of “on—
(i) any invoice, receipt or docket issued at the point of sale to the purchaser of electrical and electronic equipment, and