Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 794: To ask the Minister for the Environment, Heritage and Local Government his views on the EU directive which proposes that a retailer use his premises as an amenity for the return of hazardous waste such as fridges, washing machines, small appliances and batteries; his further views on the way in which this waste will affect insurance issues; and if he will make a statement on the matter. [22134/05]

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.

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.