Out of Court Settlement Regulations, 2019

L.N. 49 of 2019

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Out of Court Settlement Regulations, 2019

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change, after consultation with

the Environment and Resources Authority, has made the following

regulations

The title of these regulations is the Out of Court Settlement Title.

Regulations, 2019.

(Regulation 3)

Penalties Applicable to Producers of Electrical and Electronic Equipment

Penalty

Offence

due

(€)

i.

Failure by the producer to apply for registration or

renewal under the Waste Management (Electrical

and Electronic Equipment) Regulations (S.L.

549.89) before 1st September 2015

Provided that said producer applied for the

registration or the renewal under the Waste

Management (Electrical and Electronic Equipment)

Regulations by 31st December 2015, and set up or

financed systems for the collection of WEEE

resulting from products of EEE placed on the

market before 1st September 2015, that is, for

WEEE resulting from products of EEE placed on

the market during the period of non-compliance

Provided further that the out of court settlement

agreement shall remain applicable until 31st

December 2019.

ii.

Failure by the producer to fulfill other obligations

other than applying for the registration or the

renewal under the Waste Management (Electrical

and Electronic Equipment) Regulations (S.L.

549.89) before 1st September 2015

Provided that said producer applied for the

registration or the renewal under the Waste

Management (Electrical and Electronic Equipment)

Regulations by 31st December 2015, and set up or

financed systems for the collection of WEEE

resulting from products of EEE placed on the

market before 1st September 2015, that is, for

WEEE resulting from products of EEE placed on

the market during the period of non-compliance

Provided further that the out of court settlement

agreement shall remain applicable until 31st

December 2019.

B

iii.

Failure by the producer to apply for registration

after 1st January 2016 in accordance with regulation

750 per tonne of

16(2) of the Waste Management (Electrical and

electrical

and

Electronic Equipment) Regulations (S.L. 549.89)

electronic equipment

Provided that upon entering into the out of court

placed on the market

settlement agreement with the Authority, the

until the producer

producer would have applied for registration in

applies

for

accordance with regulation 16(2) of the Waste

registration.

Management (Electrical and Electronic Equipment)

Regulations (S.L. 549.89).

iv.

Failure by the producer to renew the registration

750 per tonne of

after 1st January 2016 in accordance with regulation

electrical and

16(3) of the Waste Management (Electrical and

electronic equipment

Electronic Equipment) Regulations (S.L. 549.89)

placed on the market

from the beginning

Provided that upon entering into the out of court

of the year in which

settlement agreement with the Authority, the

the producer should

producer would have renewed the registration in

have renewed the

accordance with regulation 16(3) of the Waste

registration until the

Management (Electrical and Electronic Equipment)

producer applies for

Regulations (S.L. 549.89).

renewal.

€0.36

In these regulations, unless the context otherwise requires

Interpretation.

"the Act" means the Environment Protection Act;

"the Authority" has the same meaning assigned to it under

the Act;

"electrical and electronic equipment" or "EEE" has the

same meaning as assigned to it under the Waste Management S.L. 549.89.

(Electrical and Electronic Equipment) Regulations;

"waste electrical and electronic equipment" or "WEEE" S.L. 549.89.

has the same meaning as assigned to it under the Waste

Management (Electrical and Electronic Equipment)

Regulations.

(1) When the Authority believes that a person has Out of court

committed an offence against any provision of the Act or regulations settlement.

made thereunder, the Authority may enter into an out of court

settlement agreement in writing with the offender, whereby the

offender pays an amount equivalent to a fine that would be due by way

of a penalty, and upon the signing of the said agreement by both

parties, all criminal liability of the offender under the said Act and

regulations, with regard to the offences to which the out of court

settlement agreement has been entered, shall be extinguished

Provided that payment of the penalty under the out of court

settlement agreement and the carrying out of any imposed action, shall

not extinguish any civil liability to make good damages to any person,

or to the Authority, or to the environment in terms of environmental

liability.

(2)

The agreement shall contain

(a)

a description of the offence;

(b) the steps to be taken by the offender to remedy the

offence; and

(c) the penalty due by the offender in respect of the

offence as specified in the Schedule.

(3) Where the offender does not observe the out of court

settlement agreement put forward by the Authority within the

stipulated time frame, the Authority shall proceed to institute criminal

proceedings against the offender

Provided that the time frame stipulated by the Authority in

such out of court settlement agreements, shall not be less than fifteen

(15) days and not more than sixty (60) days.

(1) In accordance with the provisions of sub-article (9) of

article 32 of the Act, the Authority hereby establishes the

Administrative Settlements Fund.

(2) There shall be paid into the Administrative Settlements

Fund any amounts received by the Authority as

(a)

out of court settlements;

(b)

administrative fines; and

(c)

any penalties applicable in terms of the Daily Penalties

(Environment) Regulations.

Without prejudice to any other regulations made under the

Act, all the revenue generated under these regulations shall be

deposited in the Administrative Settlements Fund

Provided that any revenue generated through any out of

court settlement agreement, in relation to offences in terms of the

Waste Management (End of Life Vehicles) Regulations, the Waste

Management (Packaging and Packaging Waste) Regulations, the

Waste Management (Waste Batteries and Accumulators) Regulations

and the Waste Management (Electrical and Electronic Equipment)

Regulations shall be deposited into the Waste Management Fund as

established in the Waste Regulations.

B