A&L Goodbody LLP
  April 26, 2005 - Ireland

Ireland Finally Publishes Draft Regulations on WEEE and ROHS Directives Ireland Finally Publishes Draft Regulations on WEEE and ROHS Directives

The EU Directives on Waste Electrical and Electronic Equipment (WEEE) and the Restriction of certain Hazardous Substances in Electronic and Electrical Equipment (ROHS) are due to take effect from 13 August 2005. The Department of the Environment recently produced draft regulations to implement these directives and make the necessary amendments to existing waste legislation. The term “electrical and electronic equipment” is wide-ranging and will cover computer, household and business appliances, IT and telecommunications equipment, consumer goods, lighting equipment, certain electrical and electronic tools, toys, leisure and sports equipment and other monitoring and control instruments. There is an all-inclusive definition of “producer” which covers: • A manufacturer or a seller of one’s own brand. • Reselling as owner or non-branded EEE. • An importer/exporter on a professional basis. • Retailers who import EEE. Key provisions of WEEE 1. Producers will be responsible from 13 August 2005 for providing free take back services for WEEE or, in Ireland, there will be the ability to join a collective scheme, such as the REPAK scheme which applies for the collection of packaging and packaging waste. 2. Producers will need to finance the treatment, recovery and disposal of WEEE or fund membership of a collective scheme. 3. It is proposed that one registration body will be set up to maintain a register of all persons in the market that produce WEEE, and which will also measure the quantities of WEEE being put on the market. 4. Producers, including new producers to the market, will be responsible for the cost of dealing with WEEE that has no owner, often termed “historic or orphan WEEE”, depending upon their market share. 5. The target set is 4kgs per person by 31 December 2006. The Department of the Environment, Heritage and Local Government is accepting submissions on the draft WEEE and ROHS regulations up to 16 May 2005. Copies of the draft regulations and the accompanying explanatory memoranda are available on the Department’s website: www.environ.ie


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