OUT OF COURT SETTLEMENT REGULATIONS

OUT OF COURT SETTLEMENT

SUBSIDIARY LEGISLATION 549.127

OUT OF COURT SETTLEMENT REGULATIONS

22nd March, 2019

LEGAL NOTICE 49 of 2019.

The title of these regulations is the Out of Court

Settlement Regulations.

(Regulation 3)

Penalties Applicable to Producers of Electrical and Electronic

Equipment

Penalty

due

Offence

(€)

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.

OUT OF COURT SETTLEMENT

iii.

Failure by the producer to apply for registration

after 1st January 2016 in accordance with

750 per tonne of

regulation 16(2) of the Waste Management

electrical

and

(Electrical

and

Electronic

Equipment)

electronic

Regulations (S.L. 549.89)

equipment placed

Provided that upon entering into the out of court

on the market until

settlement agreement with the Authority, the

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

750 per tonne of

registration after 1st January 2016 in

electrical and

accordance with regulation 16(3) of the Waste

electronic

Management (Electrical and Electronic

equipment placed

Equipment) Regulations (S.L. 549.89)

on the market from

the beginning of

Provided that upon entering into the out of court

the year in which

settlement agreement with the Authority, the

the producer

producer would have renewed the registration

should have

in accordance with regulation 16(3) of the

renewed the

Waste Management (Electrical and Electronic

registration until

Equipment) Regulations (S.L. 549.89).

the producer

applies for

renewal.

In these regulations, unless the context otherwise

requires

"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

(Electrical and Electronic Equipment) Regulations;

"waste electrical and electronic equipment" or "WEEE"

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

committed an offence against any provision of the Act or regulations

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.

OUT OF COURT SETTLEMENT

(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.

OUT OF COURT SETTLEMENT