EPA Prosecutes Boots Retail(Ireland) Limited

On the 23rd of January 2006 at Wexford District Court, Boots Retail (Ireland) Limited pleaded guilty to two charges brought by the Environmental Protection Agency in relation to offences under the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005.

The company admitted to:

• Failing to provide a specified notice in-store alerting customers to the fact that prices include a contribution to a Producer Recycling Fund to ensure that Waste Electrical and Electronic Equipment (WEEE) is collected and recycled in a responsible manner;
• Publication of a non-compliant advertisement for Electrical and Electronic Equipment (EEE) in the Irish Times of 27th October 2005 which failed to include the contribution to a Producer Recycling Fund as well as the net price as required by the Regulations.

After hearing of details of the offences during sworn testimony from the EPA officer and representations made on behalf of the accused, Judge O'Buachalla convicted the company on both counts, imposed fines totalling €1,200 and awarded costs of €6,865 to the EPA. Two other charges brought in relation to this matter were struck out with the consent of the EPA.

This prosecution followed several notifications issued by the EPA to the company informing them of their obligations and two inspections carried out by the Prevention Unit of the Office of Licensing & Guidance in November 2005 and January 2006. This is the first time a prosecution has been brought under this legislation.

Failure by Producers or Distributors of EEE to comply with the requirements of the Regulations means that less WEEE (hazardous waste) may be collected and thereby diverted from landfill. It also puts compliant operators at a competitive disadvantage and may result in others choosing not to comply with the Regulations.