Jerry Cowley (Mayo, Independent)
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Question 785: To ask the Minister for the Environment, Heritage and Local Government if it is realistic and unfair to ask independent electrical retailers to carry the costs of disposing of electronic waste and turning these premises into civic amenity centres for the disposal of fridges, washing machines, small appliances and batteries, with fridges being classed as hazardous waste in view of the recent EU directive on recycling of electronic waste; if it is reasonable to ask these retailers to store and act as a transfer station for this waste; if his attention has been drawn to the fact that retailers will be obliged by planning regulations to seek a change of use of premises for the storage and handling of waste; if he will review the situation; his plans in relation to this; and if he will make a statement on the matter. [21928/05]

Dick Roche (Wicklow, Fianna Fail)
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The EU directive on waste electrical and electronic equipment, WEEE, presents a challenge to all relevant stakeholder groups and its effective implementation will require a focused, committed approach from all concerned. In April 2005, I published draft regulations for the implementation of the directive and a consultation process with stakeholders, including representative groups from the retail sector, is taking place. The draft regulations do not go beyond the scope of the directive which provides for the taking back on a one-for-one basis of WEEE of a similar type or fulfilling the same function as a new item being purchased. Retailers will also be able to transfer, free of charge, collected WEEE to civic amenity sites. They may also, subject to the agreement of the appropriate local authorities, make alternative arrangements to in-store take-back, provided such arrangements are not more inconvenient for the purchaser and remain free of charge.

A retailer will not be required to take back contaminated WEEE which presents a health and safety risk unless such contamination is 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 to allow retailers 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.

Batteries not contained within a piece of electronic equipment are outside the scope of the directive although the removal and separate treatment of batteries in WEEE brought to treatment facilities is required. Insurance considerations are matters for individual retailers. Planning permission is required for a change of use of land or structure only where the use has in fact changed and the change has a material impact in planning terms.

Currently, retailers take back WEEE, or faulty or damaged goods, from consumers. From 13 August, provisions in this area are being extended to the take-back of WEEE on a one-for-one basis. The directive also involves a shared responsibility approach by the various stakeholders, including retailers, who will have an important role in ensuring effective implementation and operation of the directive. I am satisfied the draft legislation strikes the right balance between the responsibilities of the relevant stakeholders.