Michael Lowry (Tipperary North, Independent)
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Question 402: To ask the Minister for the Environment, Heritage and Local Government his views on the new EU directive on recycling of electronic waste. [16391/05]

Dick Roche (Wicklow, Fianna Fail)
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A central element of Government policy on waste management is the development of producer responsibility initiatives, PRIs, for particular waste streams. The producer responsibility approach has been employed with considerable success in other waste streams, notably packaging waste, where the industry based Repak model has been operating successfully in Ireland under the EU Packaging and Packaging Waste Directive.

The EU directive on waste electrical and electronic equipment, WEEE, which came into effect on 13 February 2003, sets challenging requirements for all relevant stakeholder groups. Electronic waste is one of the fastest growing waste streams in the European Union and there are compelling reasons to tackle this waste stream. Most electrical and electronic equipment contains valuable compounds and other materials which can readily be recycled; some equipment contains chemicals, heavy metals and radiated elements which are hazardous and should not be landfilled in municipal landfill facilities; and the sustainable use of resources, and our limited landfill capacity, demands that we do not send increasing volumes of electronic waste to landfill.

This waste can best be managed across the EU by member states acting together, following a common legal framework as now provided by the WEEE directive. Draft regulations, which will transpose the directive into Irish law, have now been published for consultation. These were prepared by my Department working closely with the relevant public sector and industry stakeholders through a dedicated WEEE taskforce. The taskforce was established in February 2003 to develop proposals for a PRI for electronic waste at the lowest possible cost to business and the economy and with the maximum benefit to the Irish environment.

Implementation of the WEEE directive on 13 August this year will mark a major shift in the way we manage this waste stream. From that date, producers will be required to bear the financial responsibility for the treatment, recycling and recovery of WEEE and retailers will be obliged to take back on a one-for-one basis WEEE of similar type or fulfilling the same function of the new item that is being purchased. The WEEE directive also sets recycling and recovery targets for various categories of WEEE to be achieved by producers together with an annual recovery of target of 4 kgs of WEEE per head of population. That means by 31 December 2008, Ireland will have to recover approximately 16,000 tonnes of WEEE each year.

My Department is committed to ensuring that the implementation phase is a smooth one and we have worked closely with all relevant stakeholders to achieve this. There have been two public consultations, the second of which on the draft WEEE regulations has just ended. As part of the consultation process I met with both the WEEE producers and retailers. All comments and observations received on the draft regulations will be considered by my Department in finalising the regulations, which I intend to make in advance of the implementation of the WEEE directive on 13 August 2005. I am committed to implementing this directive on time and in full.

Michael Lowry (Tipperary North, Independent)
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Question 403: To ask the Minister for the Environment, Heritage and Local Government the current WEEE requirements and regulations for retailers; the planned and prospective changes to these regulations; and if he will make a statement on the matter. [16392/05]

Dick Roche (Wicklow, Fianna Fail)
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The EU directive on waste electrical and electronic equipment, WEEE, which came into effect on 13 February 2003, involves challenging requirements for all relevant stakeholder groups, including retailers. Draft regulations which will transpose the directive into Irish law were published on 15 April last for public consultation. These were prepared by my Department working closely with the relevant public sector and industry stakeholders through a dedicated WEEE taskforce established in February 2003.

As part of the public consultation process which has now been completed, I met the representatives of both the WEEE producers and retailers to discuss the draft regulations. This was the second consultative process, the first followed the publication of the task force report in April 2004 and stakeholders have also been consulted on an ongoing basis through the taskforce.

Under the provisions of the draft regulations, from 13 August 2005 each retailer must, inter alia, register his or her premises with the appropriate local authority; provide for free in-store take back of WEEE on a one-for-one basis on the sale of a similar new product; ensure that any WEEE taken back is collected by a collector with the appropriate waste collection permit or licence or is delivered to an approved collection facility; and ensure that private households are informed of the WEEE take back facilities available to them.

Michael Lowry (Tipperary North, Independent)
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Question 404: To ask the Minister for the Environment, Heritage and Local Government his views on correspondence (details supplied); and if he will make a statement on the matter. [16394/05]

Dick Roche (Wicklow, Fianna Fail)
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Implementation of the EU directive on waste electrical and electronic equipment, WEEE, which came into effect on 13 February 2003, requires close co-operation between all stakeholders — producers, retailers and central and local Government. For this purpose, a task force representative of all relevant sectors, including retailers, was established in February 2003 to draw up proposals for implementing the directive.

A report by the task force published in April 2004 examined the issues surrounding implementation of the directive and made a number of recommendations on the collection, recycling, financing, regulation and reporting arrangements that need to be put in place in advance of free take-back of WEEE, which will commence on 13 August 2005. A public consultation followed, the results of which assisted the preparation of draft regulations, which I published on 15 April last. The position on the specific issues raised in the correspondence are as follows. With regard to the take back of WEEE, the draft regulations do not go beyond the scope of the directive, which is the taking back on a one-for-one basis of WEEE of similar type or fulfilling the same function of the new item that is being purchased. This is also in line with the recommendation made by the taskforce. Retailers will also be able to transfer free of charge collected WEEE to civic amenity sites. They may subject to the agreement of the appropriate local authorities, make alternative arrangements to in-store take-back, provided that such arrangements are not more inconvenient for the purchaser and remain free of charge. Batteries not contained within a piece of electronic equipment are outside the scope of the directive although it does require the removal and separate treatment of batteries in WEEE brought to treatment facilities. A retailer will not be required to take-back contaminated WEEE that presents a health and safety risk unless such contamination is on account of his or her liability under the Sale of Goods and Supply of Services Act 1980.

To minimise the regulatory burden of the WEEE directive, the draft regulations propose that retailers be allowed to avail of an exemption from the normal waste permitting requirements for the storage and transport of WEEE in certain circumstances. Under the modified regime, which will be considerably less burdensome than the normal collection and waste permitting requirements, retailers will be required to register their premises with their local authority. Insurance considerations are matters for the individual retailers.

Deferral of the directive in any other member state will not place retailers at a competitive disadvantage. The obligations involved for all who sell electrical and electronic equipment will be the same, regardless of whether they are independent retailers or multiples, headquartered in or outside the State.

Section 30 of the Planning and Development Act 2000 precludes my commenting on any planning cases that are under consideration or may come under consideration.

In addition to retailer representation on the WEEE taskforce, there have been two public consultations, the second of which on the draft WEEE regulations has just ended. As part of the consultation process, I met retailers' representatives. All comments and observations received on the draft regulations will be considered by my Department in finalising the regulations which I intend to make in advance of the implementation of the WEEE directive on 13 August 2005.