53J.—(1) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may make regulations relating to the granting of an approval by the Minister to any person, association or body corporate (who is referred to in this section as the “registration body”) including himself or herself for the purpose of carrying out of certain registration functions as provided for in regulations made under this Section.

(2) Regulations under this section may provide for—

(a) the requirement of each producer to register with the registration body,

(i) to fulfil his or her obligations under the WEEE Directive, and provide to the registration body specified —

(I) details of a third party who may be authorised to act on his or her behalf in relation to the recovery of waste electrical and electronic equipment,

(II) details of financial guarantees as required under Article 8.2 of the WEEE Directive,

(III) data relating to the quantities of products placed on the market and the form and manner in which the data shall be made available, and

(IV) details of any environmental management costs applied on electrical and electronic equipment.

(ii) to submit evidence verifying his or her compliance with the requirements of the RoHS Directive by providing to the satisfaction of the registration body, as appropriate, all or any information and data pertaining thereof;

(b) the requirement of each producer to satisfy the registration body that he or she or a third party acting on his or her behalf contributes in full to his or her share of the costs of the environmentally sound management of waste electrical and electronic equipment;

(c) the provision by producers of the financial resources (the “fees”) necessary to ensure that those foregoing obligations are fulfilled;

(d) the collection arrangements relating to the fees remitted by producers for the purposes of registering, including—

(i) the conferral of powers on any specified person or persons to collect and recover fees relating to registration,

(ii) the time at which the payment of the registration fees shall be made by producers and the form and manner of such payment, and

(iii) enabling the registration body to enter into arrangements with one or more specified persons whereby that person or those persons remit to the registration body amounts by way of the fees within a specified period of time after liability in respect of the making available of those amounts arises,

(e) empowering the registration body to—

(i) examine the audited accounts of a producer or an approved body, as appropriate, or require a producer to submit to the registration body documentary evidence in order to verify, validate or require a producer to submit documentary evidence of market share;

(ii) take whatever action is deemed appropriate by the registration body to ensure compliance with the RoHS Directive and the WEEE Directive; and

(iii) keep and preserve records and particulars relating to information submitted by a producer or an approved body for the purposes of registration;

(f) enabling the refund of registration fees paid by specified producers to be made to the relevant producers;

(g) the submission of specified documentation, information and particulars to a specified person or, as appropriate, specified persons;

(h) the removal from the register of any producer who does not comply with a provision of regulations under this section;

(i) the granting of a certificate of registration or, as appropriate, a certificate of renewal of registration by the registration body;

(j) the refusal of the registration body to grant a certificate of registration or, as appropriate, a certificate of renewal of registration;

(k) requiring the acceptance of decisions made by the registration body;

(l) enabling the Minister to monitor the activities of the registration body and seek the submission of reports which the Minister may require from time to time; and

(m) any matters consequential on, or incidental to the foregoing.

(3) The provisions of subsection (2) shall also apply to producers 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) Without prejudice to sub-section (1) where a person or persons, or association, or body corporate undertakes the registration function only one registration body shall be permitted to perform these functions at any one time.

(5) Without prejudice to sub-section (2) where a person or persons, or association, or body corporate undertakes the registration function it may procure any or all of the functions allotted in accordance with regulations under this section.

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