Recycling

Duties of Producers I

The Waste Electrical and Electronic Equipment Directive required measures in respect of ten categories of waste. Producers must reduce the environmental impact of waste from the products. The Directive sets out provisions for the collection, treatment and recycling of the products conderned.  The legislation applies to retail sales and sales by distance.  Producers have financial responsibility for the requirements.

Producers are obliged to registecentral authorityauthority in each State, before marketing goods within the state.  They must label their goods in a manner prescribed.  Producers must take individual responsibility or may enter collective schemes.  There are obligations in relation to recycling and reuse for different categories of products.

Producers must take responsibility for household waste, when it is deposited in collection facilities.  Responsibility for a non-household waste is wider and commences earlier.  It must be collected from source.  Producers are responsible for the full supply and recovery chain.

Duties of Producers II

The ten categories of items are as follows:

• large household appliances;
• small household appliances;
• IT and telecommunications equipment;
• consumer equipment;
• lighting equipment;
• electrical and electronic tools;
• toys, leisure and sports equipment;
• medical devices;
• monitoring and control instruments; and
• automatic dispensers.

Producers must register with the WEEE Register Society.  Registration fees with The WEEE Register Society depend on turnover.Where they supply household consumer EEE, they must join a compliance scheme, such as WEEE Ireland. The regulations are enforced by the Office for Environmental Enforcement, based in the EPA.

Producers

Producers include manufactures, retailers, resellers of products produced by other suppliers under his own brand, importers and exporters on a professional basis, distributors from producers who are not deemed registered or registerable.

Producers must finance the re-taking / return of WEEE and/or batteries or accumulators.  They have responsibilities in relation to collection, recycling and treatment targets.  They must produce a waste management plan and report to the EPA. They must register with the WEEE Register Society, which is the current national registration body.  Consumers must be informed of the return and collection systems available when a new product is supplied.

Producers of household EEE and/or batteries can join WEEE Ireland to meet compliance obligations.  WEEE Ireland is a not for profit compliance scheme, working on behalf of producers.  It invoices the producers monthly for management costs.

Producer members of WEEE Ireland must comply with membership terms and conditions and show visible environmental management cost to customers.  This can be discharged by shelf price displays, sample in-store notices and till receipts.

Distributors

Distributors under the regulations  are persons who provide electrical, electronic equipment or batteries on a commercial basis to a party who is going to use it.  Therefore, in this context, distributor incudes  a retailer and other resellers.  They may not supply electrical and electronic equipment from a producer who is not in possession of a valid certificate of registration from the registration body or who does not display the registration number on invoices, credits, delivery documents etc.

Distributors of batteries and accumulators may not distribute batteries or accumulators from a producer who is not in possession of a valid certificate of registration from the registration body and unless the above provisions are complied with.

Distributors (including retailers) are required to ensure the costs, as set out in the environmental management costs, are indicated in writing to each purchaser.  The contributions to the Producer Recycling Fund must been indicated to the purchaser, in relation to the price.

Accept Back Waste

Distributors/retailers who sell new products must accept back electronic waste, from private households free of charge on a one-to-one basis.  This is provided that the waste electrical and equipment is of equivalent type or fulfils the same function as the supplied equipment.  They need not accept contaminated waste, or electrical or electronic equipment that is a risk to health and safety, unless the distributor/retailer is responsible for the contamination.

Distributors and retailers must accept batteries from accumulators from private householders, free of charge provided they are of equivalent type to those available for purchase from the premises.  A purchase is not required.  Retailers may be limited to 5 kg per return.  Waste portable batteries that are leaking of constituent material, may be refused.  Retailers must inform customers of the return and collection systems available, when supplying a new product.

Distributors/retailers may, with the agreement of the local authority, make alternative arrangements, in order to ensure that the obligations are discharged by a nominated distributor, group of distributors or a third party acting on their behalf.  A notice must be shown at the entrance of the retail premises which operates such a scheme or system. Distributors / retailers of EEE must register with the local authority or WEEE Ireland in order to recycle in a local authority site.

Distributors/retailers must indicate to customers in writing, the last day on which waste can be returned free of charge.  Where appropriate, an alternative collection point may be indicated provided it is not more difficult for the customer and remains free of charge.

Distance Sellers

Distance sellers  outside Ireland are deemed producers and must register with WEEE Ireland. Producers based outside of Ireland who supply to consumers by way of distance communication must register with WEEE Ireland the WEEE Register Society. Such a producer must notify consumers, they must notify customers that household EEE will be taken back free of charge on a one for one basis.

Distance sellers must provide consumers with the address in the State where they may be taken to.  They must provide 24 hours’ notice of delivery and take back, on a one-to-one basis, when the replacement EEE is being delivered. They must display certain information on their website, where applicable and in other electronic means communication in each of the catalogues, brochures, direct mail communications and in each invoice.  They must show producer  recycling fund cost.

Vehicles

The End of Life Vehicles Directive seeks to reduce waste from vehicles, and seeks to promote the recycling and recovery of end of life vehicles and their parts.  It seeks to improve the environmental performance at all levels in the businesses involved in the vehicle’s lifecycle and in particular, entities and businesses involved in the treatment of end of life vehicle.  An “end of life” vehicle is a vehicle which is waste, which is defined in terms of  being discarded.

The Directive makes provision for prevention of waste in such vehicles, their collection, storage, treatment and disposal or their re-use and recovery. There are prescribed coding standards for producers and equipment makers, in order to facilitate identification, recovery, reuse and control.

States must procure that waste vehicles are delivered to an authorised treatment facility for the purpose of issuing a certificate of destruction, without cost to the last holder or owner. They may regulate the establishment and the undertaking of treatment operations by way of waste permit. The Directive seeks to pass back the costs and responsibility for waste to the original producer.

Duties for Vehicles Producers

Producers must finance free take back and recovery of end of life vehicles.  Recovery means treatment and recovery in accordance with a waste license. Regulations may exempt vehicles or classes of vehicles from being classified as an end of life vehicle, or may deem them to be included.  Regulations may make provisions in order to ensure that the owner of an end of life vehicle may deposit it at a treatment facility, for treatment and recovery without cost. This applies to  vehicles registered before certain dates, appointed from time to time.

Provision may be made for the establishment of a collection authority, with powers to recover  contributions by producers.  Provision may be made for the making of declarations by  producers to the authority, within set time frames. Records may be required.  The collection authorities must hold records and account regarding its resources. The collection authority may enter into arrangements to enable producers to comply with their liabilities. The requirements in respect of financial resources, may be eased and postponed in certain cases.

Producers who are a member of an approved body may be exempted from the requirement.  The Minister may approve bodies or associations carrying on activities,  to ensure recovery of end-of-life vehicles. The  bodies may be licensed.

There are provisions for exemption of producers from the requirements of the regulation.  This may arise where the producer shows to the satisfaction of the Minister, that it has put in place arrangements to ensure end of life vehicle produced by it, can be deposited in accordance with the principles of the legislation

Provision may be made where the vehicle does not contain essential components, for example, an engine and coach work contains waste or was not duly licensed.  The  may modify the right to deposit.

The owner or operator of an authorised treatment facility must issue a certificate of destruction to the registered owner and notify the Minister of the issue of the certificate. The Minister must  update the records in respect of the vehicle.

A person who fails to comply with obligations to deposit a vehicle at an authorised treatment facility is guilty of an offence.  There is provision for breach of the regulations by other entities and intermediaries with responsibilities.  Persons convicted summarily are subject to a fine up to €3000 and or imprisonment of 12 months, They are subject on conviction on indictment, to imprisonment  up to 10 years and a fine of €15 million.

Pacckaging

The European Union Waste Management Packaging Regulations require all producers including manufacturers, importers, distributors, wholesalers and retailers who place packaging in the market to segregate packaging waste on their own premises into specified waste streams. This, for example, may include waste glass, paper, aluminum, fire board, wood, plastic sheeting. It must be collected by authorised operators for recycling. The landfill is not permitted.

If the supplier is a member of repack or other authorised scheme, the packaging may be returned to a contractor, may be given to a contractor approved by repack. Otherwise, the producer must take it back.

Reforms

The European Union Waste Electrical and Electronic Equipment Regulations 2014 implements 2012 Directive. The obligation to finance environmentally sound management of waste equipment rests with the producer who places it on the market.

Producers must provide a financial guarantee in relation to products in the market, demonstrating that the full cost of environmentally sound management of the waste equipment will be financed when it is ultimately discarded. A blocked bank account bond, insurance policy or self-insurance is required.

Producers may appoint an authorised representative to carry out their obligations. Consumers may bring unwanted electrical and electronic equipment to their civic community center for recycling. WEEE Ireland publishes details of the relevant collection and recycling in the relevant facility.

Consumers may bring WEEE within 15 days to retailers when they purchase new equipment on for a like for like basis. Retailers must collect WEEE within 15 days of delivery of a new item, provided the item is disconnected from all mains is not a risk to health and safety and is readily available for collection. Retailers must give 24 hours notice prior to collection.

There is an exemption, the Regulations exempt collectors of WEEE from the obligation to obtain a waste collection permit.

From 2018, large-scale stationary industrial tools, large-scale fixed installation, means of transport for person and goods including electric two wheel vehicles, non-road mobile machinery are included in the range of equipment that will be within the scope of the WEEE Regulation.