European Union (Batteries and Accumulators) Regulations 2014

• Jurisdiction: Ireland
• Year: 2014
• Citation: IR SI 283/2014

INDEX

PART I

PRELIMINARY AND GENERAL

1. Citation.

2. Purpose of Regulations.

3. Interpretation of Regulations.

4. Scope of Regulations.

PART II

PROHIBITION ON MARKETING OF BATTERIES CONTAINING SPECIFIED HAZARDOUS SUBSTANCES AND INAPPROPRIATELY LABELLED BATTERIES

5. Prohibition of specified hazardous substances and inappropriately labelled batteries.

6. Exemptions.

7. Duty to inform the Agency.

8. Functions of the Agency.

9. Procedure in relation to directions of the Agency.

10. Appeals against Directions of the Agency.

11. Injunctions.

PART III

REGISTRATION BODY

12. Establishment of a Registration Body.

13. Grant or refusal of approval.

14. Review and revocation of approval.

15. Functions of the Registration Body.

16. Powers of the Registration Body.

17. Obligation of Producers to register with the Registration Body.

18. Application for registration or renewal of registration.

19. Certification of producers.

20. Distance Sellers.

PART IV

MANAGEMENT OF WASTE BATTERIES

21. Distributor responsibility.

22. Management of waste batteries by distributors.

23. Financing the take back of waste batteries.

24. Alternative financing arrangements.

25. Collection of waste batteries.

26. Disposal of waste batteries.

27. Treatment of waste batteries.

28. Recycling of waste batteries.

29. Record keeping.

30. Waste management plans and reports.

31. Obligation of producers to provide information to users of batteries.

32. Obligation of producers to provide information to the Registration Body.

33. Obligation of distributors to provide information to users of batteries.

PART V

APPROVED BODIES

34. Exemption from certain requirements.

35. Application to the Minister for approval.

36. Grant or refusal of approval.

37. Review and revocation of approval.

38. Use of logo adopted by an approved body.

39. Notifications to local authorities and the Registration Body and provision of information to the Agency and the Central Statistics Office.

PART VI

FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES

40. Enforcement.

41. Authorised Persons.

42. Registration of Distributors.

PART VII

MISCELLANEOUS

43. Non-application of section 34(1)(a) of the Act.

44. Non-application of section 39(1) of the Act.

45. Increased environmental performance.

46. Removal of waste batteries.

47. Offences.

48. Prosecutions and penalties

49. Revocation.

SCHEDULE 1

INFORMATION TO BE COMPILED AND PROVIDED WHEN APPLYING FOR REGISTRATION IN ACCORDANCE WITH REGULATION 18

SCHEDULE 2

INFORMATION TO BE PROVIDED IN REPORTS IN ACCORDANCE WITH REGULATIONS 22 AND 23

SCHEDULE 3

REQUIREMENTS REGARDING NOTICES IN ACCORDANCE WITH REGULATIONS 30 AND 33

SCHEDULE 4

INFORMATION TO BE PROVIDED IN PLANS AND REPORTS IN ACCORDANCE WITH REGULATION 30

SCHEDULE 5

SYMBOL FOR THE MARKING OF BATTERIES INDICATING SEPARATE COLLECTION IN ACCORDANCE WITH REGULATION 31

SCHEDULE 6

INFORMATION TO BE PROVIDED WHEN APPLYING FOR REGISTRATION IN ACCORDANCE WITH REGULATION 42

SCHEDULE 7

ADDITIONAL RULES TO THOSE SPECIFIED IN PART I OF OF THE WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) REGULATIONS 2007 ( S.I. NO. 821 OF 2007 ) AS AMENDED BY THE WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) (AMENDMENT) REGULATIONS 2008 ( S.I. NO. 86 OF 2008 ) IN RESPECT OF REGISTERED ACTIVITIES IN ACCORDANCE WITH REGULATION 44

SCHEDULE 8

INFORMATION TO BE PROVIDED IN APPLICATIONS FOR REGISTRATION CERTIFICATES IN ACCORDANCE WITH REGULATION 4

S.I. No. 283 of 2014

EUROPEAN UNION (BATTERIES AND ACCUMULATORS) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th June, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to the provisions of European Parliament and Council Directive 2006/66/EC1 of 6 September 2006 on batteries and accumulators and waste batteries and accumulators as amended by European Parliament and Council Directive 2008/103/EC2 of 19 November 2008 and for the purpose of giving effect to the provisions of Commission Decision 2009/603/EC3 of 5 August 2009 establishing requirements for registration of producers of batteries and accumulators, hereby make the following Regulations:

PART I

PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the European Union (Batteries and Accumulators) Regulations 2014.

Purpose of Regulations

2. The purposes for which these Regulations are made include—

(a) the purpose of giving effect to the provisions of European Parliament and Council Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as amended by European Parliament and Council Directive 2008/103/EC and Commission Decision 2009/603/EC and having regard to the environmental impact of transport, to take necessary measures to maximise the separate collection of waste batteries and accumulators and to minimise the disposal of batteries and accumulators as mixed municipal waste in order to achieve a high level of recycling for all waste batteries and accumulators,

(b) ensuring that batteries or accumulators—

(i) that do not meet the requirements of the Directive are not placed on the market on and from 26 September 2008 onwards or, as appropriate,

(ii) placed on the market on and from 26 September 2008 onwards that do not meet the requirements of the Directive are withdrawn from it,

(c) exempting collection points in receipt of waste portable batteries and accumulators from the registration or permit requirements of Directive 2006/12/EC4 or Council Directive 91/689/EEC of 12 December 1991 on hazardous waste5 , and

(d) enabling the submission of National Implementation Reports, concerning measures taken to encourage developments affecting the impact of batteries and accumulators on the environment, in particular—

(i) developments, including voluntary steps taken by producers, reducing quantities of heavy metals and other hazardous substances contained in batteries and accumulators,

(ii) new recycling and treatment techniques,

(iii) economic operators’ participation in environmental management schemes, and

(iv) measures taken to promote waste prevention, every three years in accordance with the provisions of Article 22 of the Directive.

Interpretation of Regulations

3. (1) In these Regulations, save where the context otherwise requires—

“the Act” means the Waste Management Act 1996 (No. 10 of 1996);

the “Companies Acts” means the Companies Acts 1963 to 2001 and every other enactment which is to be read together with any of those Acts;

“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;

“all reasonable times” means all times when members of the public have access to a place where batteries or, as appropriate, accumulators are distributed;

“appliance” means any electrical or electronic equipment, as defined by Directive 2002/96/EC6 , which is fully or partly powered by batteries or accumulators or is capable of being so;

“appropriate agency” means a—

(i) body (including a Department of State but not including a non-government organisation) wholly or partly funded out of the Central Fund or out of moneys provided by the Oireachtas or moneys raised by local taxation or charges, or

(ii) body established by an Act or by arrangement of the Government, a Minister of the Government or a Minister of State for a non-commercial public service or purpose;

“approved body” means an appropriate body corporate approved by the Minister in accordance with the provisions of Part V of these Regulations;

“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purposes of the Act of 1996 or any Part or section thereof;

“authorised waste collector” means a holder of a waste collection permit that is in force and which allows for the collection of waste batteries and accumulators;

“automotive battery or accumulator” means any battery or accumulator used for automotive starter, lighting or ignition power;

“battery” or “accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (nonrechargeable) or consisting of one or more secondary battery cells (rechargeable);

“battery pack” means any set of batteries or accumulators that are connected together or, as appropriate, encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;

“button cell” means any small round portable battery or accumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids, watches, small portable equipment and back-up power;

“civic amenity facility” shall include a civic amenity site and a recycling centre and means a facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste batteries or, as appropriate, accumulators and which is appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act;

“collection point” means—

(i) any civic amenity facility,

(ii) any premises where batteries or, as appropriate, accumulators are stored following acceptance in accordance with the provisions of regulation 21(2),

(iii) any premises where batteries or, as appropriate, accumulators are stored prior to their distribution, including any...