Ciarán Lynch (Cork South Central, Labour)
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Question 306: To ask the Minister for the Environment, Community and Local Government if he will indicate the proposal to replace the current waste from electrical and electronic equipment, WEEE, legislation when it expires in 2013; if there are measures proposed to alleviate the financial burden imposed on the already weakened retail sector; and if he will make a statement on the matter. [19936/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Regarding the reference to burdens on the retail sector, I assume that the Question is referring to the Environmental Management Costs (EMCs) that consumers have paid to producers when purchasing certain electrical items since the introduction of the WEEE Regulations in Ireland, and which will continue in place until they are discontinued in February 2013. This system of EMCs was put in place to provide funds for the recovery and recycling of electrical and electronic equipment (EEE) that was placed on the market prior to the introduction of the WEEE Regulations. The recovery and recycling of EEE that was placed on the market after that time (August 2005) must be funded by producers as part of their normal business costs. Retailers were entitled to retain a percentage of all EMCs collected for producers at the point of sale of items to consumers, under a voluntary scheme agreed between all the parties, principally to compensate them for the costs of setting up the system initially.

The level of EMCs for each category of electrical items is set by the independent WEEE Register Society and there are currently EMCs remaining in just one category - large household appliances. Some of the factors that the WEEE Register Society takes account of when setting the EMCs are the costs of recovery and recycling and the levels of financial reserves which the approved WEEE schemes (WEEE Ireland and ERP Ireland) have in place; EMCs have been reduced year on year since 2005. It should be noted that retailers, through EMCs, have been compensated since 2005 for their participation in the WEEE regime. They have benefited from the receipt of these charges even though the return of WEEE to retailers was, in some case, presumably relatively low given the level of new apartments and houses which were being equipped in the years following the introduction of the Regulations.

The Waste Electrical and Electronic Equipment regime in Ireland is underpinned by a legal framework which is very specific in relation to the obligations of retailers and they have played a very important role in ensuring that Ireland has met its WEEE recovery and recycling targets as set by the WEEE Directive, most importantly through their requirement to take back WEEE from consumers on a one for one, like for like basis.

While I am cognisant of the financial difficulties currently faced by retailers, I wish to make it clear that they must, like all sectors of society, comply with their legislative requirements even in these challenging economic times. Incidents of leakage of WEEE from retailers' premises have been brought to my Department's attention and the Environmental Protection Agency is currently investigating this matter; I hope, however, that these are isolated incidents. I understand that proposals for a new compensation scheme are being discussed by retailers with producers and my Department will continue to engage with all parties on this issue. I would expect, that any such proposal would improve the collection, reuse and recycling of WEEE in Ireland and should not merely be compensation for complying with what is already required under existing legislation.