S.I. No. 268/2008 - Waste Management (Batteries and Accumulators) Regulations 2008

INDEX

PART I PRELIMINARY AND GENERAL

1.

2.

3.

4.

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

5.

6.

7.

8.

9.

10.

11.

PART III REGISTRATION BODY

12.

13.

14.

15.

16.

17.

18.

19.

20.

PART IV MANAGEMENT OF WASTE BATTERIES

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

PART V APPROVED BODIES

34.

35.

36.

37.

38.

39.

PART VI FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES

40.

41.

42.

PART VII MISCELLANEOUS

43.

44.

45.

46.

47.

48.

49.

FIRST SCHEDULE

INFORMATION TO BE COMPILED AND PROVIDED WHEN APPLYING FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH ARTICLE 18

SECOND SCHEDULE

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

THIRD SCHEDULE

REQUIREMENTS REGARDING NOTICES IN ACCORDANCE WITH ARTICLES 30 AND 33

FOURTH SCHEDULE

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

FIFTH SCHEDULE

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

SIXTH SCHEDULE

INFORMATION TO BE PROVIDED WHEN APPLYING FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH ARTICLE 42

SEVENTH SCHEDULE

ADDITIONAL RULES TO THOSE SPECIFIED IN PART I OF THE FOURTH SCHEDULE 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 ARTICLE 44

EIGHTH SCHEDULE

INFORMATION TO BE PROVIDED IN APPLICATIONS FOR REGISTRATION CERTIFICATES IN ACCORDANCE WITH ARTICLE 44

S.I. No. 268 of 2008

WASTE MANAGEMENT (BATTERIES AND ACCUMULATORS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th July, 2008.

WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007), consider it necessary for the purpose of giving effect to the provisions of European Parliament and Council Directive 2006/66/EC ¹ on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC ² to make provision for offences under the following regulations to be prosecuted on indictment:

AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007), for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following regulations:

NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 7, 14, 15, 16, 18, 19, 27, 28, 29, 32, 34, 35, 36 and 39 of the Waste Management Acts 1996 to 2008, section 53 of the Environmental Protection Agency Acts 1992 and 2003, and section 3 of the European Communities Acts 1972 (No. 27 of 1972), as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007), and for 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 and repealing Directive 91/157/EEC hereby makes the following Regulations:

PART I PRELIMINARY AND GENERAL

Citation

Purpose of Regulations

• (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 (hereafter in these Regulations referred to as ‘the Directive’) 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/EC ³ or Council Directive 91/689/EEC of 12 December 1991 on hazardous waste ⁴ , 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

• (a) Part, schedule or article, which is not otherwise identified, is a reference to a Part, schedule or article of these Regulations, and

• (b) sub-article or paragraph, which is not otherwise identified, is a reference to a sub-article or paragraph of the provision in which the reference occurs.

• (2) In these Regulations, save where the context otherwise requires—

“the Act” means the Waste Management Acts 1996 to 2008;

“the Waste Management Acts 1996 to 2008” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), the Waste Management (Environment Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ), the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ) and the Waste Management (Landfill Levy) Order 2008 (S. I. No 168 of 2008);

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 Environmental Protection Agency Acts 1992 and 2003” means the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by Part 2 of the Protection of the Environment Act 2003 (No. 27 of 2003);

“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/EC ⁵ , 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” has the meaning assigned to it under section 5 of the Act;

“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 article 21(2),

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

• (iv) any premises where the user takes possession of industrial batteries or, as appropriate, accumulators,

• (v) any educational establishment or workplace, or

• (vi) other facility for the receipt, storage (including temporary storage), segregation, sorting or repackaging of waste batteries or, as appropriate, accumulators pending their onward transport to a recycling facility,

subject to such a facility, other than a premises where industrial batteries or, as appropriate, accumulators are used, educational establishment or workplace, being appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act, or other such facilities as may be prescribed in Regulations;

“Central Statistics Office” means the Office established under section 8(1) of the Statistics Act 1993 (No. 21 of 1993);

“collection rate” means, for a given Member State in a given calendar year, the percentage obtained by dividing the weight of waste portable batteries or, as appropriate, accumulators collected in accordance with Article 8(1) of this Directive or with Directive 2002/96/EC in that calendar year by the average weight of portable batteries and accumulators that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that Member State during that calendar year and the preceding two calendar years;

“cordless power tool” means any hand held appliance powered by a battery or accumulator and intended for maintenance, construction or gardening activities;

“equivalent type as the batteries supplied” means either—

• (i) portable batteries and accumulators, including button cells,

• (ii) industrial batteries or accumulators or, as appropriate,

• (iii) automotive batteries or accumulators

that are similar in size, weight, volume or, as appropriate, dimensions as the batteries supplied;

“disposal” means any of the applicable operations provided for in Annex IIA to Directive 2006/12/EC;

“to distribute” means—

• (i) to sell in exchange for any consideration, including money whether or not by finance agreement, including, but not exclusive, to any loan, lease, hiring or deferred sale agreement or arrangement relating to any battery or, as appropriate, accumulator whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place, or

• (ii) giving as a prize or otherwise making a gift,

and cognate words, other than distributor, shall be construed accordingly;

“distance communication” is as defined in Article 2(4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ⁶ or, as appropriate, means sales and marketing services by electronic communication, voice telephony services, including telesales and telemarketing or non-electronic direct marketing services, including mail order;

“distributor” means any person that provides batteries or, as appropriate, accumulators on a professional basis to an end-user;

“economic operators” means any producer, distributor, collector, recycler or other treatment operator;

“educational establishment” means a primary or post-primary school, an institution providing adult, continuing or further education, or a university or any other third-level or higher-level institution, whether or not supported by public funds;

“environmentally sound management of waste batteries or, as appropriate, accumulators” means the collection, storage, treatment and recycling or, as appropriate, disposal of waste batteries or, as appropriate, accumulators, including those incorporated into appliances or battery packs, in an environmentally sound manner;

“finance agreement” means any loan, lease, hiring or deferred sale agreement or arrangement relating to any battery or accumulator or, as appropriate, any equipment containing a battery or accumulator whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that battery or accumulator or, as appropriate, that equipment containing a battery or accumulator will or may take place;

“financing the environmentally sound management of waste batteries or accumulators” means the cost of collection from collection points, together with the treatment, recycling and environmentally sound disposal of waste batteries or accumulators, including where appropriate the provision of receptacles to facilitate the segregation of waste batteries or accumulators at collection points and associated operational costs;

“industrial battery or accumulator” means any battery or accumulator designed for exclusively industrial or professional uses or used in any type of electric vehicle;

“the Minister” means the Minister for the Environment, Heritage and Local Government;

“placing on the market” means supplying or making available, whether in return for payment or free of charge, to a third party within the Community and includes import into the customs territory of the Community;

“portable battery or accumulator” means any battery, button cell, battery pack or accumulator that—

• (a) is sealed,

• (b) can be hand-carried or, as appropriate,

• (c) is neither an industrial battery or accumulator nor an automotive battery or accumulator;

“producer” means any person in a Member State that, irrespective of the selling technique used, including by means of distance communication as defined in Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ⁷ , places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis;

“recycling facility” means a facility for the deposit, storage, refurbishment, treatment or recycling of waste batteries or accumulators;

“recycling” means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;

“registration body” means the person, association or body corporate approved by the Minister in accordance with the provisions of Part III of these Regulations;

“registration certificate” means a certificate granted by the Agency or, as appropriate, a local authority under article 37 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 ) subject to any amendment that may be made to those regulations from time to time and article 44 of these Regulations;

“third country” means a country or territory outside the geographical territory of the European Union;

“treatment” means any activity carried out on waste batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling or preparation for disposal;

“waste battery or accumulator” means any battery or accumulator which is waste within the meaning of Article 1(1)(a) of Directive 2006/12/EC;

“waste collection permit” means a waste collection permit for the purposes of section 34 of the Act;

“waste facility permit” means a permit for the purposes of section 39(4) of the Act.

• (4) In these Regulations any reference, hereafter, to a—

• (a) battery that is not otherwise identified is a reference to a battery or, as appropriate, accumulator,

• (b) portable battery that is not otherwise identified is a reference to a portable battery or, as appropriate, portable accumulator,

• (c) industrial battery that is not otherwise identified is a reference to an industrial battery or, as appropriate, industrial accumulator,

• (d) automotive battery that is not otherwise identified is a reference to an automotive battery or, as appropriate, automotive accumulator,

• (e) waste battery that is not otherwise identified is a reference to a waste battery or, as appropriate, waste accumulator,

• (f) waste portable battery that is not otherwise identified is a reference to a waste portable battery or, as appropriate, waste portable accumulator,

• (g) waste automotive battery that is not otherwise identified is a reference to a waste automotive battery or, as appropriate, waste automotive accumulator or, as appropriate,

• (g) waste industrial battery that is not otherwise identified is a reference to a waste industrial battery or, as appropriate, waste industrial accumulator

whether or not incorporated into an appliance or battery pack.

Scope of Regulations

• (a) to all types of batteries, regardless of their shape, volume, weight, material composition or use, and

• (b) without prejudice to European Parliament and Council Directives—

• (i) 2000/53/EC of 18 September 2000 on End-of-Life Vehicles ⁸ , and

• (ii) 2002/96/EC of 27 January 2003 on Waste Electrical and Electronic Equipment.

• (2) Without prejudice to sub-article (1), these Regulations shall not apply to batteries used in equipment—

• (a) connected with the protection of Member States essential security interests, arms, munitions and war material, with the exclusion of products that are not intended for specifically military purposes or, as appropriate,

• (b) designed to be sent into space.

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

Prohibition of specified hazardous substances and inappropriately labelled batteries

• (a) 26 September 2008, any person shall be prohibited from placing on the market or, as appropriate, distributors shall be prohibited from distributing—

• (i) all batteries that contain more than 0.0005% of mercury by weight,

• (ii) portable batteries that contain more than 0.002% of cadmium by weight or, as appropriate,

• (iii) any battery or, as appropriate, battery pack—

• (A) that is not marked in accordance with the provisions of articles 31(1)(a) and 31(2) or, as appropriate,

• (B) whose size is such that the symbol shown in the Fifth Schedule would be smaller than 0.5 0.5 cm and whose packaging is not marked in accordance with the provisions of articles 31(2) and 31(3) or, as appropriate,

• (b) 26 September 2009, any person shall be prohibited from placing on the market or, as appropriate, distributors shall be prohibited from distributing any battery placed on the market on or from 26 September 2009 that does not display the capacity of the battery concerned in accordance with the provisions of article 31(6) unless exempted in accordance with the provisions of article 31(7).

Exemptions

• (a) article 5(a)(i) shall not apply to button cells with a mercury content of no more than 2% by weight,

• (b) 5(a)(ii) shall not apply to portable batteries intended for use in—

• (A) emergency and alarm systems, including emergency lighting,

• (B) medical equipment, or

• (C) cordless power tools.

• (2) The provisions of this Part shall not apply to batteries placed on the market prior to 26 September 2008 in compliance with Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances.

Duty to inform the Agency

• (a) where a producer or, as appropriate, a distributor of batteries on the basis of information in his or her possession and as a professional, ought to know, that any battery which he or she has placed on the market which is prohibited under the provisions of article 5, he or she shall immediately inform the Agency, the details of which shall include—

• (i) information enabling a precise identification of the product or batch of products in question,

• (ii) where appropriate,—

• (A) a full description of the prohibited hazardous substances or, as appropriate,

• (B) full details of any battery, including any battery pack,—

• (I) that is not marked in accordance with the provisions of articles 31(1)(a) and 31(2),

• (II) whose size is such that the symbol shown in the Fifth Schedule would be smaller than 0.5 0.5 cm and whose packaging is not marked in compliance with the provisions of articles 31(2) and 31(3) or, as appropriate,

• (III) does not display the capacity of the battery or battery pack concerned in compliance with the provisions of article 31(6) unless exempted in compliance with the provisions of article 31(7), and

• (iii) all available information relevant for tracing the product.

• (b) a producer shall ensure that he or she or a third party acting on his or her behalf has access at all times, at an address in the State, to records of certification of—

• (i) compliance by manufacturers and, as appropriate, any person or persons in the supply chain or, as appropriate,

• (ii) laboratory testing, where such testing has been commissioned by the manufacturer, any person or persons in the supply chain and, as appropriate, the producer concerned,

in order to verify that any battery placed on the market by the producer concerned complies with the requirements of article 5 and that such records be maintained for a period of six years, starting from the end of the year in which the battery was placed on the market.

• (2) A producer or, as appropriate, a distributor of batteries shall, on request being made to him or her by the Agency, provide every reasonable assistance to the Agency.

• (3) Notwithstanding sub-article (2), a producer or, as appropriate, distributor shall supply any information requested by the Agency in the format and within the timeframe specified by the Agency.

Functions of the Agency

• (a) for any battery, to—

• (i) organise, even after it has been placed on the market, appropriate checks on its—

• (A) material composition or, as appropriate,

• (B) labelling on an adequate scale, up to the final stage of use or consumption,

• (ii) request all necessary information in relation to the battery from any person who, in the opinion of the Agency, may be in a position to provide such information or, as appropriate,

• (iii) take samples of batteries and subject them to such checks as are considered necessary in order to determine compliance with the requirements of the Directive,

• (b) for any battery that could be prohibited under the provisions of article 5, issue a direction prohibiting the supply, offer to supply or display of any battery—

• (i) pending the carrying out of the safety evaluations, checks and controls necessary to establish that it does not contain prohibited hazardous substances or, as appropriate,

• (ii) including any battery pack—

• (A) that is not marked in accordance with the provisions of articles 31(1)(a) and 31(2)

• (B) whose size is such that the symbol shown in the Fifth Schedule would be smaller than 0.5 0.5 cm and whose packaging is not marked in accordance with the provisions of articles 31(2) and 31(3), or, as appropriate,

• (C) does not display the capacity of the battery or battery pack concerned in accordance with the provisions of article 31(6) unless exempted in accordance with the provisions of article 31(7) or, as appropriate,

• (c) for any battery prohibited under the provisions of article 5,—

• (i) issue a direction prohibiting the placing of the product on the market, or

• (ii) if already on the market, take all appropriate steps, including, if necessary, issuing a direction, to ensure—

• (A) the immediate withdrawal of such battery type from the marketplace, its recall from end-users, and its environmentally sound management in accordance with the provisions of Articles 26, 27 and 28, and

• (B) that, where appropriate, end-users are alerted to the prohibited hazardous substances contained in such batteries.

• (2) A direction issued under sub-article (1) shall be addressed to such of the following as is appropriate—

• (a) the producer,

• (b) any person involved as a distributor or, as appropriate,

• (c) any other person, where necessary, with a view to co-operation in action taken to avoid risks arising from such batteries.

Procedure in relation to directions of the Agency

• (a) an opportunity to any person, to whom the Agency is considering issuing a direction to under these Regulations, to submit his or her views on the proposed direction to the Agency before the adoption of any measure in the proposed direction, or

• (b) if an opportunity is not given to any person, to whom the Agency concerned has issued a direction to under these Regulations, because of the urgency of the measures to be taken, an opportunity shall be given by the Agency to the relevant person to submit his or her views in due course after the direction has taken effect.

• (2) A direction made or issued by the Agency under these Regulations shall be in writing, shall state the reasons on which it is based, shall, as soon as possible, be published by placing a notice relating to the direction in at least three national newspapers published in the State and, where the Agency is aware of the identity of a person to whom the direction is addressed, shall, as soon as possible, be sent or given to that person in any of the following ways—

• (a) in any manner prescribed in section 16 of the Act, or

• (b) by leaving it at the address at which that person carries on business, or

• (c) by sending it by prepaid registered post to the person at the address at which he or she carries on business, and

• (d) in any case where the Agency considers that the immediate giving of the direction is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or the sender’s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail.

• (3) A direction made under these Regulations may require that the measures to be taken in the direction be undertaken—

• (a) immediately, because of the urgency of the measures to be taken,

• (b) from a specified date,

• (c) by a specified date, or

• (d) between specified dates.

• (4) A direction made or issued by the Agency under these Regulations, subject to article 10(2), takes effect on the date specified in the direction and shall indicate the appeal procedure under article 10.

• (5) The person to whom a direction has been issued under these Regulations to—

• (a) recall any battery from the marketplace or, as appropriate, from end-users, and

• (b) where appropriate, notify end-users that a battery contains prohibited hazardous substances,

shall place a notice over three consecutive days to that effect in at least three national newspapers published in the State.

• (6) A notice in accordance with the provisions of sub-article (5) shall cover at least—

• (a) half of one page of a broadsheet, or

• (b) one page of a tabloid newspaper.

Appeals against Directions of the Agency

• (2) Where an appeal is made under sub-article (1), the appellant may make an application to the Court that the direction shall stand suspended until the appeal is determined or withdrawn.

• (3) On hearing an appeal under sub-article (1), the Court may either confirm or vary the direction, or allow the appeal.

• (4) A decision of the Circuit Court on an appeal under sub-article (1) shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

Injunctions

PART III REGISTRATION BODY

Establishment of a Registration Body

• (2) Any person or persons, or association, or body corporate who undertakes all of the functions provided for in article 15 shall be known for the purposes of these Regulations as the ‘registration body’.

Grant or refusal of approval

• (2) An approval issued in accordance with sub-article (1) shall be conditional on the submission of—

• (a) where appropriate, a copy of the—

• (i) articles of association of the body corporate, or

• (ii) memorandum of association or registered rules of the association or society, and

• (iii) the appropriate certificate issued by the Companies Registration Office or the Registrar of Friendly Societies,

• (b) the names and addresses in the State of the officers of the registration body and its board of directors or, as appropriate, Committee of Management,

• (c) the address of the registration body’s registered office and the address of the secretary, if different from the registered office,

• (d) a business plan in relation to the operation of the registration body,

• (e) where appropriate, proposals in relation to corporate governance,

• (f) proposals for the certification of producers for the purpose of article 19,

• (g) proposals for determining the proportion of market share held by individual producers,

• (h) proposals for registration fee structures, and

• (i) such other information as may be specified in writing by the Minister for the purposes of this article.

• (3) An approval in accordance with the provisions of sub-article (1) shall be subject to such conditions as the Minister may specify, including but not exclusively—

• (a) the period of approval which shall be for a period of not more than 10 years,

• (b) variance in the terms and conditions of approval,

• (c) revocation of approval, and

• (d) the nature of information (including financial accounts) to be recorded and maintained by the body concerned.

• (4) The Minister may, by notice in writing, from time to time vary any condition attached to an approval granted in accordance with the provisions of this article.

• (5) The registration body—

• (a) will be responsible for the effective carrying out of its functions, and

• (b) shall ensure that its financial costs are borne from its own resources.

Review and revocation of approval

• (2) Where the Minister proposes to review an approval, the Minister shall—

• (a) give notice in writing to the registration body of the proposal and the reasons therefor,

• (b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to a review, and

• (c) consider any submission so made.

• (3) Following the consideration of any submission in accordance with sub-article (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.

• (4) Where an approval, granted in accordance with the provisions of article 13 is due to expire, the registration body—

• (a) shall not later than six months before the expiry of the approval, notify the Minister whether or not it intends to continue or cease operating as the registration body, or

• (b) if intending to continue to operate as the registration body, shall not later than two months before the expiry of the approval, make a submission to the Minister in accordance with the provisions of said article.

• (5) Subject to sub-article (6), where it appears to the Minister that the registration body is not complying with conditions attached to such approval, he or she may revoke an approval granted in accordance with the provisions of article 13.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of article 13, the Minister shall—

• (a) give notice in writing to the registration body of the proposed decision and the reasons therefor,

• (b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to the proposed decision, and

• (c) consider any submission so made.

• (7) Once an approval in accordance with the provisions of article 13—

• (a) is revoked by the Minister, or

• (b) expires,

the registration body and any third party contracted to undertake any or all of the functions allotted to it, shall immediately transfer to the Minister, or to the person or persons, or association, or body corporate who is in receipt of the next approval to act as the registration body for the purposes of this Part, all records, documentation and data in written and in electronic form, including the requisite software and programmes, together with any funds and assets that were obtained on account of the functions provided for in article 15 and powers that were vested in accordance with the provisions of article 16.

Functions of the Registration Body

• (2) The registration body shall be required to—

• (a) provide for the maintenance of the register of all producers placing batteries on the market,

• (b) provide for the determination of the proportion of market share held by each individual producer and notify him or her accordingly,

• (c) cause to be kept proper accounts of all income and expenditure of the registration body in each calendar year, or in the first two years of its operations the relevant part thereof, and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the registration body,

• (d) in the first six months of each year, make a report to the Minister of its activities during the preceding calendar year, or in the first two years of its operations the relevant part thereof, which shall include a summary of all income and expenditure and balance sheet for that calendar year, or in the first two years of its operations the relevant part thereof, and audited accounts in respect of the calendar year, or in the first two years of its operations the relevant part thereof, prior to that,

• (e) provide such information regarding the operation of the registration body as the Minister may from time to time require,

• (f) obtain from each producer the quantity, by weight or, as appropriate, by number of units, of portable batteries placed on the market in the State, excluding any portable batteries that left the State, prior to being sold to end-users, and

• (g) notify the relevant local authority or, as appropriate, the Agency where it is evident to the registration body that a producer has failed to comply with any provision or provisions of these Regulations and to provide all relevant information and data,

having regard to the same procedural requirements for registration in each Member State established in accordance with the procedure referred to in Article 24(2) of the Directive, and any conditions that the Minister may apply in approving the registration body in accordance with the provisions of article 13.

• (3) Without prejudice to sub-article (2) the registration body may, where appropriate, procure the services of a—

• (a) person or persons,

• (b) association or associations or, as appropriate,

• (c) body corporate or bodies corporate,

to undertake any or all of the functions allotted to it.

Powers of the Registration Body

• (a) determine applications for registration and to issue approvals or refusals in accordance with the provisions of article 19,

• (b) issue certificates of registration and registration numbers,

• (c) obtain a statement from the external auditors of any producer relating to financial information or, as appropriate, examine the records of any producer relating to—

• (i) the quantities, by weight or, as appropriate, by number of units, of waste batteries arising from batteries placed on the market in the State by a producer excluding any batteries that left the State prior to being sold to end-users, and

• (ii) market data including the quantities, by weight or, as appropriate, by number of units, of batteries placed on the market in the State by a producer,

• (d) receive annual subscriptions, or make charges (hereafter in this Part referred to as ‘the fees’) to provide for the effective carrying out of its functions, and

• (e) set the level of the fees which it may review from time to time.

• (2) Without prejudice to sub-article (1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in sub-article (1)(c) shall transfer to the third party concerned.

• (3) Without prejudice to sub-article (2), a third party empowered to determine the total quantity of collected waste batteries attributable to each individual producer, including the members of any approved body established in accordance with the provisions of Part V of these Regulations, shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form—

• (a) concerning the quantity of collected waste batteries attributable to or, as appropriate,

• (b) that may be used to identify or, as appropriate, calculate the market share of,

any individual producer other than to the individual producer concerned.

Obligation of Producers to register with the Registration Body

• (a) 19 September 2008, each producer that has placed or is about to place batteries on the market shall be obliged to—

• (i) be registered with the registration body and declare to it or, as appropriate, a third party acting on its behalf that any battery that he or she has placed or will place on the market is marked in accordance with the provisions of article 31, and

• (ii) pay the fees as may be determined by the registration body or, as appropriate, a third party acting on its behalf, and

• (b) 26 September 2008, each producer that has placed or is about to place batteries on the market shall be obliged to display the registration number issued to him or her in accordance with the provisions of article 19 on any invoice, credit note, dispatch and delivery docket issued to a distributor by him or her.

• (2) A producer who—

• (a) fails to comply with any of the provisions of sub-article (1),

• (b) who is deemed not to be registered in accordance with article 19(2) or, as appropriate,

• (c) is refused an application for renewal of registration in accordance with the provisions of article 19(4),

shall be prohibited from placing batteries on the market in the State.

• (3) Any person or persons who is not in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 19 shall be prohibited from displaying any registration number issued by the registration body on any documentation, website or at any place.

• (4) Any person organising a trade show, exhibition or, as appropriate, any event where batteries are being distributed shall ensure that any distributor or, as appropriate, producer, distributing batteries at the trade show, exhibition or, as appropriate, event concerned—

• (a) is compliant with the provisions of article 42, and

• (b) who is required to comply with the provisions of sub-article (1) is in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 19.

• (5) Notwithstanding sub-article (4), any person organising a trade show, exhibition or, as appropriate, any event who fails to ensure that a producer placing batteries on the market in the State at the trade show, exhibition or, as appropriate, event concerned is in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 19 shall be obliged to—

• (a) register each non-registered producer concerned with the registration body in accordance with the provisions of article 17,

• (b) arrange for the environmentally sound management of waste batteries in accordance with the provisions of articles 23 and 27,

• (c) achieve the collection and recycling targets prescribed in articles 23 and 28, and

• (d) prepare and submit waste management plans and reports in accordance with the provisions of article 30.

Application for registration or renewal of registration

• (a) apply for registration to the registration body or, as appropriate, a third party acting on its behalf not later than 5 September 2008 or the date of commencement of business, whichever is the later, and

• (b) apply for renewal of such registration to the registration body or, as appropriate, a third party acting on its behalf not later than 31 January in each year following initial registration for the relevant calendar year, subject only that a producer shall not be required to make such application within five months of—

• (i) initial registration, or

• (ii) the date a producer was required to apply for initial registration in accordance with the provisions of paragraph (a),

whichever is the earlier.

• (2) An application for—

• (a) registration in accordance with the provisions of sub-article (1) shall be made in writing or, where appropriate, electronically, shall be in compliance with the procedural requirements for registration in each Member State established in accordance with the procedure referred to in Article 24(2) of the Directive, shall contain at least the information set out in Part 1 of the First Schedule, or

• (b) renewal of registration in accordance with the provisions of sub-article (1) shall be made in writing or, where appropriate, electronically, shall be in compliance with the procedural requirements for registration in each Member State established in accordance with the procedure referred to in Article 24(2) of the Directive, shall contain at least the information set out in Part 2 of the First Schedule,

and shall be accompanied by a declaration from the applicant detailing arrangements for providing adequate financing for the environmentally sound management of waste batteries that will be required in accordance with the provisions of article 23, or a copy of a valid certificate granted to the applicant by an approved body established in accordance with the provisions of Part V of these Regulations stating that such producer is participating, in a satisfactory manner, in a scheme for the environmentally sound management of waste batteries.

• (3) An application for registration or for renewal of registration in accordance with the provisions of article sub-article (1) shall be accompanied by the fee determined by the registration body.

• (4) A producer shall notify the registration body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for registration, or as the case may be, the last preceding application for renewal of registration within 10 working days of such change.

• (5) Without prejudice to sub-article (1), an application for registration or for renewal of registration to the registration body or, as appropriate, a third party acting on its behalf may be made by an approved body established in accordance with the provisions of Part V of these Regulations on behalf of any producer in respect of which a certificate for the purposes of article 34 has been granted.

• (6) Without prejudice to sub-articles (1) and (2), the Minister from time to time may issue guidance to the registration body concerning the acceptance of applications for registration or, as appropriate, renewal of registration.

Certification of producers

• (a) who makes an application, or

• (b) on whose behalf an application has been made,

in accordance with the provisions of article 18 shall be registered by the registration body provided that the requirements of articles 17 and 18 are complied with.

• (2) Without prejudice to sub-article (1), a producer shall not be deemed to be registered until a Certificate of Registration and registration number has issued by the registration body or, as appropriate, a third party acting on its behalf.

• (3) The registration body or, as appropriate, a third party acting on its behalf shall issue a Certificate of Registration or a Certificate of Renewal of Registration bearing a unique registration number as expeditiously as possible and, in any event, within—

• (a) six weeks of the date of receipt of an application for registration or renewal of registration, or

• (b) two weeks after the date of receipt of further information or particulars requested by the registration body in connection with such an application,

whichever is the later.

• (4) Without prejudice to sub-articles (1) and (3), the registration body may refuse an application for renewal of registration in accordance with the provisions of this article where it considers that a producer has, in the preceding twelve month period, failed to—

• (a) achieve the targets specified in articles 23 and 28,

• (b) maintain satisfactory records in accordance with the provisions of article 29,

• (c) provide the information specified in articles 18, 30, 31 or 32.

• (5) Without prejudice to sub-article (3), up until 22 September 2008, the registration body or, as appropriate, a third party acting on its behalf shall issue a provisional Certificate of Registration bearing a unique registration number, within two weeks of the date of receipt of an application on or before 5 September 2008 for registration in accordance with the provisions of article 18 which shall be valid until–

• (a) it is determined that the requirements of articles 17 and 18 are complied with and a Certificate of Registration is issued in accordance with the provisions of sub-article (3), or

• (b) no later than 31 January 2009,

whichever is the earlier.

Distance Sellers

• (a) register in accordance with the provisions of article 17,

• (b) notify the registration body or, as appropriate, a third party acting on its behalf at the time of registration or, as appropriate, renewal of registration, that he or she supplies batteries by means of distance communication and confirm that all such batteries placed on the market comply with the requirements of these Regulations,

• (c) upon a request from the—

• (i) registration body or, as appropriate, a third party acting on its behalf,

• (ii) local authority in the functional area where the registered office, or, if not a company, the principal place of business of the producer is located or, as appropriate,

• (iii) Agency,

undertake to provide it with information that demonstrates to its satisfaction, he or she has complied with his or her obligations in accordance with the provisions of Article 16 of the Directive to provide financing for the environmentally sound management of waste batteries deposited by customers of the distance seller concerned at collection points in any of the Member States of the European Union where the end-users of the waste batteries reside provided that such endusers did not place on the market for the first time within the territory of any Member State concerned on a professional basis the batteries involved.

• (2) For the avoidance of doubt, it is hereby declared that a portable battery distributed by means of distance communication to an end-user outside the State shall be regarded as having left the State prior to being sold to the end-user concerned.

PART IV MANAGEMENT OF WASTE BATTERIES

Distributor responsibility

• (a) be prohibited from distributing batteries—

• (i) placed on the market in the State by a producer, or

• (ii) supplied to him or her by any person who supplies batteries placed on the market in the State by a producer who—

who is not in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 19 and, as appropriate, does not display the registration number issued to said producer in accordance with the provisions of article 19 on any invoice, credit note, dispatch or delivery docket in respect of batteries supplied to the distributor concerned,

• (b) ensure that waste batteries regardless of their chemical composition, or as appropriate, origin—

• (i) can be returned to him or her free of charge as long as any waste battery that is returned is of equivalent type as the batteries supplied by him or her, and

• (ii) that are returned are transported and stored in accordance with sections 34 and 39 of the Act.

• (2) Distributors shall fulfil the obligation in sub-article (1)(b)(i) in instances where by—

• (a) providing conveniently located appropriate facilities for the collection of waste batteries, and

• (b) accepting a waste battery at all reasonable times

at any or every place of business from which he or she distributes batteries whether or not the person depositing a waste battery purchases any product or products from the distributor concerned.

• (3) Without prejudice to sub-article (2), distributors, their servants or agents shall be prohibited from offering orally or in written form any reduction or discount on the retail price for any portable battery for the purposes of avoiding his or her obligation in sub-article (1)(b)(i).

• (4) Without prejudice to sub-article (2), where a producer or, as appropriate, a distributor supplies batteries by means of distance communication to end-users he or she shall—

• (a) place a visible and legible notice at each point—

• (i) on his or her website or, as appropriate,

• (ii) in each of his or her catalogues, brochures or, as appropriate, mail-shots,

where batteries being distributed are displayed indicating that he or she will take back waste batteries free of charge provided any waste battery that is returned is of equivalent type as the batteries supplied by him or her together with details of any or every place of business in the State from which he or she distributes batteries or, as appropriate, an address in the State where he or she takes back waste batteries,

• (b) notify final end-users when distributing any battery by voice telephony services, including telesales and telemarketing, that he or she will take back waste batteries free of charge as long any waste battery is of equivalent type as the batteries supplied by him or her together with details of any or every place of business in the State from which he or she distributes batteries or, as appropriate, an address in the State where he or she takes back waste batteries, and

• (c) Without prejudice to paragraphs (a) and (b), a producer or, as appropriate, a distributor who supplies any battery by means of distance communication shall accept waste batteries by accepting them at all reasonable times at—

• (i) any place of business in the State from which he or she distributes batteries or, as appropriate,

• (ii) an address in the State,

occupied by the producer or, as appropriate, the distributor concerned or by any of his or her servants or agents.

• (5) Notwithstanding sub-article (1)(a), any distributor who distributes any battery placed on the market in the State by a producer who is not in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 19 shall be obliged to—

• (a) register with the registration body in accordance with the provisions of article 17,

• (b) arrange for the environmentally sound management of waste batteries in accordance with the provisions of articles 23 and 27, and

• (c) achieve the collection and recycling targets prescribed in articles 23 and 28, and

• (d) prepare and submit waste management plans and reports in accordance with the provisions of article 30.

• (6) Without prejudice to sub-article (4), the Minister from time to time may issue guidance concerning the placing of notices on websites or the notification of final end-users.

• (7) Notwithstanding sub-article (2) a distributor shall not be obligated to accept—

• (a) waste portable batteries that exceed a total of five kilogrammes (Kg) in weight from any one person at any one time or, as appropriate,

• (b) any waste portable battery leaking any of its constituent materials.

Management of waste batteries by distributors

• (a) shall be prohibited from—

• (i) transferring to any person or persons waste portable batteries with the exception of—

• (A) a collector who is acting on behalf of—

• (I) the producer responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of article 23 or, as appropriate,

• (II) an approved body established in accordance with the provisions of Part V or its representative or, as appropriate,

• (B) a producer who is responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of article 23 or, as appropriate,

• (C) an approved body established in accordance with the provisions of Part V or its representative,

that is authorised in accordance with the provisions of section 34 of the Act,

• (b) shall be entitled to deposit waste portable batteries free of charge at a civic amenity facility provided he or she has fulfilled the obligations in articles 21 and is compliant with the provisions of article 42, subject to—

• (i) prior agreement with the operator of such a facility on the maximum quantity, by weight or, as appropriate, by number of units, of waste consignments together with the size and type of vehicle or vehicles to be permitted access to the aforementioned facility and any conditions that may be appropriate,

• (ii) the waste portable batteries are transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and

• (c) may deposit waste portable batteries free of charge at a distribution centre where he or she obtains portable batteries provided he or she has fulfilled the obligations in articles 21 and is compliant with the provisions of article 42, subject to—

• (i) prior agreement with the operator of such a distribution centre,

• (ii) the approval of the local authority in whose functional area the distribution centre concerned is situated,

• (iii) the distribution centre concerned is registered or exempted from registration in accordance with the provisions of article 42, and

• (iv) the waste portable batteries are transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992).

• (2) Without prejudice to sub-article (1)(b), where it is established that a civic amenity facility on account of its location cannot cater for vehicles of a particular size, the local authority in whose functional area the civic amenity site is located or the operator acting on its behalf may direct a distributor to deposit such waste portable batteries at an alternative collection point operated by the local authority or on its behalf.

• (3) Without prejudice to sub-article (1)(a), any distributor who transfers to any person or persons waste batteries, with the exception of—

• (a) a collector who is acting on behalf of—

• (i) the producer responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of article 23 or, as appropriate,

• (ii) an approved body established in accordance with the provisions of Part V or its representative or, as appropriate,

• (b) a producer who is responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of article 23 or, as appropriate,

• (c) an approved body established in accordance with the provisions of Part V or its representative,

that is authorised in accordance with the provisions of section 34 of the Act, shall ensure that the waste batteries concerned are collected by an authorised waste collector, arrange for the environmentally sound management of the waste batteries concerned in accordance with the provisions of articles 23 and 27, achieve the collection and recycling targets prescribed in articles 23 and 28 and submit a report in respect of the previous calendar year containing at least the information set out in Part 1 of the Second Schedule to the Agency by 28 February of each year.

• (4) The prohibition in sub-article (1)(a) shall not apply in respect of any battery—

• (a) incorporated into electrical and electronic equipment or, as appropriate,

• (b) returned to or accepted by a distributor under the provisions of the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980) and which is subsequently returned to the producer.

Financing the take back of waste batteries

• (a) the environmentally sound management of waste batteries deposited at collection points and civic amenity facilities in the functional areas of all local authorities relating to his or her own products regardless of when placed on the market and their chemical composition,

• (b) the collection from end-users and environmentally sound management of waste industrial batteries relating to his or her own products regardless of when placed on the market and their chemical composition, and

• (c) any public information campaign on the collection, treatment and recycling of waste portable batteries in proportion to the quantity of portable batteries placed on the market in the State by him or her excluding any portable batteries that left the State prior to being sold to end-users.

• (2) Any producer or, as appropriate, distributor, shall be prohibited from displaying the costs of the environmentally sound management of waste batteries to any person or persons.

• (3) Subject to sub-article (1), on and from 26 September 2008, a producer shall, within—

• (a) 20 working days of being requested so to do by the operator of a collection point for portable waste batteries, including waste button cells, or a third party acting on its behalf, collect, or arrange for the collection of, from the collection point concerned, any waste batteries or, as appropriate, waste button cells regardless of when placed on the market and their chemical composition or, as appropriate,

• (b) 30 working days of being requested so to do by the operator of a collection point for waste automotive or, as appropriate, waste industrial batteries or a third party acting on its behalf, collect, or arrange for the collection of, from the collection point concerned any waste automotive or, as appropriate, waste industrial battery regardless of when placed on the market and its chemical composition

relating to products of a type and brand supplied by that producer or, as appropriate, in proportion to the quantity of batteries placed on the market in the State by him or her excluding any batteries that left the State prior to being sold to end-users.

• (4) Where a producer fails to comply with the requirements of sub-article (3) the operator of a collection point for waste batteries may make alternative arrangements for the environmentally sound management of any waste batteries relating to products of a type and brand supplied by that producer and may obtain from the producer in addition to the actual costs of the environmentally sound management, any other costs incurred including, but not exclusive to, administrative, logistical and storage costs, at a rate or rates as to be determined by the local authority concerned together with an agency fee not exceeding 10% of the total costs incurred.

• (5) In the event that the business of a producer is transferred in whole or in part to another person or persons, the producer shall remain responsible for the full costs of financing the environmentally sound management of batteries which he or she has placed on the market in the State, excluding any batteries that left the State prior to being sold to end-users, until such time that he or she demonstrates to the Agency that the person or persons to whom a transfer has been made is or are competent and in agreement to meet all the obligations of the producer in respect of any such batteries, including fulfilling the obligation of producers to finance the environmentally sound management of waste batteries, in accordance with the provisions of sub-article (1) and the requirement of producers to meet all collection and recycling targets in accordance with the provisions of sub-article (7) and article 28.

• (6) Notwithstanding sub-article (1)(b), economic operators may collect waste industrial batteries from end-users provided that—

• (a) the waste industrial batteries concerned are—

• (i) collected by an authorised waste collector, and

• (ii) managed in an environmentally sound manner in accordance with the provisions of Articles 26, 27 and 28, and

• (b) a report in respect of the previous calendar year containing at least the information set out in Part 2 of the Second Schedule is submitted to the agency by 28 February of each year.

• (7) Without prejudice to sub-article (1), each producer of portable batteries shall ensure that he or she, as a minimum, collects, no later than—

• (i) 26 September 2012, 25%, and

• (ii) 26 September 2016, 45%