S.L. 549.89 Art. 5Separate collection.

(1) The competent authority shall adopt appropriate measures to minimise the disposal of WEEE in the form of unsorted municipal waste, to ensure the correct treatment of all collected WEEE and to achieve a high level of separate collection of WEEE, notably, and as a matter of priority, for temperature exchange equipment containing ozone-depleting substances and fluorinated greenhouse gases, fluorescent lamps containing mercury, photovoltaic panels and small equipment as referred to in categories 5 and 6 of Schedule 3. Such measures shall include the following:

(a) any person disposing of WEEE in the form of unsorted municipal waste may be fined in accordance with a Schedule of Fines to be published by the competent authority;

(b) producers, authorised representatives, and third parties are required to carry out information campaigns, highlighting the importance of separate collection of WEEE, ensuring the correct treatment of all collected WEEE;

(c) the competent authority shall ensure the availability and accessibility of the necessary collection facilities, taking into account, in particular, the population density, which measures include the availability of civic amenity sites.

(2) For WEEE from private households, the producers, authorised representatives, or third parties shall ensure that:

(a) systems are set up allowing final holders and distributors to return such waste at least free of charge;

* OJ L 396, 30.12.2006, p. 1.

(b) when supplying a new product, distributors are responsible for ensuring that such waste can be returned to the distributor at least free of charge on a one-to-one basis as long as the equipment is of equivalent type and has fulfilled the same functions as the supplied equipment;

(c) distributors provide for the collection, at retail shops 2 with sales areas relating to EEE of at least 400m , or in their immediate proximity, of very small WEEE (no external dimension more than 25cm) free of charge to end-users and with no obligation to buy EEE of an equivalent type. WEEE collected shall be properly treated in accordance with regulation 8;

(d) without prejudice to paragraphs (a), (b) and (c), producers are allowed to set up and to operate individual and, or collective take-back systems for WEEE from private households provided that these are in line with the objectives of these regulations;

(e) having regard to national and Union health and safety standards, WEEE that presents a health and safety risk to personnel because of contamination may be refused for return under paragraphs (a), (b) and (c). The last holder of the WEEE shall make specific arrangements for the safe handling by personnel for such WEEE. With reference to the return of WEEE pursuant to paragraphs (a), (b) and (c) for cases in which the equipment does not contain its essential components, where such equipment contains waste other than WEEE, the return thereof may be refused.

(3) The competent authority may designate the operators that are allowed to collect WEEE from private households as referred to in sub-regulation (2).

(4) WEEE collected through systems funded by Local Councils or by any other local agency, shall be deposited at facilities operated by a local agency designated by the Minister and shall thereafter be handed over to authorised waste electrical and electronic equipment collective organisation:

(a) at a price that shall reflect the total cost recovery of collection and storage up to the point of take-over by the respective producer responsibility organisation, which price shall be subject to the scrutiny and approval of the Minster; and

(b) shall be proportionately distributed by the local agency, by category, amongst the authorised waste electrical and electronic equipment collective organisations on the basis of the average weight of EEE placed on the market by the members of the producer responsibility organisations in the three preceding years, as shall be determined by the competent authority: Provided that for temperature exchange equipment falling within category 1 of Schedule 3, the allocation shall be proportionally distributed according to the following sub-categories on the basis of the methodology established in Schedule 17:

(a) refrigerators, freezers and equipment which automatically delivers cold products;

(b) air conditioning equipment; and

(c) other temperature exchange equipment.

With reference to the distribution of WEEE pursuant to paragraphs (a) and (b), an authorised WEEE collective organisation shall collect the share of the WEEE allocated to it within six months of notification by the local agency: Provided that where the producer responsibility organisation fails to comply with such date, the local agency may treat such WEEE at the expense of the producer responsibility organisation subject to the Minister’s approval.

(5) In the case of WEEE, other than WEEE from private households, and without prejudice to regulation 13, producers or third parties acting on their behalf shall provide for the collection of such waste.

(6) Producers, or authorised WEEE collective organisations acting on their behalf, shall ensure continuity of waste management services throughout the year, even if the collection targets laid down in regulation 7(1) are achieved.