53H.—(1) The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations—

(a) prohibiting, or restricting the use of specified hazardous substances, in any electrical and electronic equipment, including electric light bulbs and luminaires placed on the market,

(b) imposing the obligation specified in subsection (2), and

(c) providing for the removal of electrical and electronic equipment containing specified hazardous substances from the market.

(2) The obligation mentioned in subsection (1) is an obligation on a producer with effect from a date specified in regulations, or in an order made by the Minister, to—

(a) take into account and facilitate the dismantling and recovery and, in particular, the reuse and recycling of waste electrical and electronic equipment, including materials and components contained therein, in the design and production of electrical and electronic equipment,

(b) encourage waste electrical and electronic equipment, including materials and components contained therein, to be reused through specific design features or manufacturing processes, unless such specific design features or manufacturing processes present overriding advantages with regard to the protection of the environment or, as appropriate, safety requirements, and

(c) ensure that electrical and electronic equipment, including materials and components contained therein, placed on the market does not contain substances specified in regulations under this section.

(3) The provisions of subsection (2) shall also apply to distributors or producers, as appropriate, operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.

(4) A person who fails to comply with a provision of regulations under this section, shall be guilty of an offence.]