Circular Economy and Miscellaneous Provisions Act 2022

Amendment of section 10A of Act of 1996

18. Section 10A of the Act of 1996 is amended—

(a) in subsection (4)—

(i) by the substitution of the following paragraph for paragraph (a):

“(a) €2,000 where the relevant offence consists of a contravention of—

(i) Regulation 10(5)(a) of the WEEE Regulations,

(ii) Regulation 17(1)(a)(i) of the Batteries and Accumulators Regulations, or

(iii) Regulation 9(a) or 21(1)(a) of the Tyres and Waste Tyres Regulations,”,

(ii) in paragraph (b)—

(I) in subparagraph (iii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, or”,

(II) in subparagraph (iv), by the substitution of “the WEEE Regulations, or” for “the WEEE Regulations”, and

(III) by the insertion of the following subparagraph after subparagraph (iv):

“(v) Regulation 9(d), 14, 19 or 29(1)(b) of the Tyres and Waste Tyres Regulations,”,

and

(iii) in paragraph (c)—

(I) in subparagraph (ii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, or”,

(II) in subparagraph (iii), by the substitution of “WEEE Regulations, or” for “WEEE Regulations,” and

(III) by the insertion of the following subparagraph after subparagraph (iii):

“(iv) Regulation 24(2), 26(a), 26(b), 42(2) or 42(3) of the Tyres and Waste Tyres Regulations”,

and

(b) in subsection (6)—

(i) in paragraph (a)—

(I) in the definition of “authorised person”—

(A) in subparagraph (iii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, and”,

(B) in subparagraph (iv), by the substitution of “WEEE Regulations, and” for “WEEE Regulations;”, and

(C) by the insertion of the following subparagraph after subparagraph (iv):

“(v) in relation to a relevant offence referred to in paragraph (b)(v), an authorised person within the meaning of the Tyres and Waste Tyres Regulations;”,

and

(II) by the insertion of the following definition after the definition of “End of Life Vehicles Regulations”:

“‘Tyres and Waste Tyres Regulations’ means the Waste Management (Tyres and Waste Tyres) Regulations 2017 ( S.I. No. 400 of 2017 );”,

and

(ii) in paragraph (b)—

(I) in subparagraph (i), by the substitution of “contravention of Regulation 17(1)(a)(i), Regulation 17(3),” for “contravention of Regulation 17(3),”,

(II) in subparagraph (iii), by the substitution of “those regulations,” for “those regulations, or”,

(III) in subparagraph (iv), by the substitution of “those regulations, or” for “those regulations.”, and

(IV) by the insertion of the following subparagraph after subparagraph (iv):

“(v) an offence under Regulation 46 of the Tyres and Waste Tyres Regulations consisting of a contravention of Regulation 9(a), 9(d), 14, 19, 21(1) (a), 24(2), 26(a), 26(b), 29(1) (b), 42(2) or 42(3) of those Regulations.”.