Draft Legal Notice for Out of Court Settlement for Producers of Electrical and Electronic Equipment MEUSAC Session – 10 January 2017
Background This measure had been proposed by the Government during the 2015 WEEE Reform discussions. Draft LN is a remedial framework, in lieu of taking legal action against non-complaint producers. It is being suggested that all revenue generated through the proposed mechanisms is to be directed to the Waste Management Fund .
Out of Court Settlement mechanism (1) The Authority may enter into agreement with a EEE Producer who prior to 1 September 2015 failed to apply for registration/renewal and/or failed to fulfil other obligations emanating under the WEEE Regulations, provided that by the end of December 2015:- - The producer applied for registration/renewal; AND - The producer set up/financed systems for the collection and treatment of WEEE. The producer must pay a penalty prescribed by the Authority by not later than 28 th February 2019 .
Out of Court Settlement mechanism (2) After 1 January 2016, the Authority, may enter into an agreement with producers of EEE who fail to apply for registration or renewal with the Authority, provided that:- Such producers pay the sum of € 750 per tonne of EEE i. placed on the market until the producer applies for registration or renewal; and Upon entering into agreement with the Authority, ii. such producers would have applied for registration/renewal with the Authority.
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