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

of the quantity by weight 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 in accordance with the requirements set out in Annex I of the Directive, subject to any amendment that may be made to that Annex from time to time.

• (8) Notwithstanding sub-article (1), producers shall have no obligation in the State to finance the environmentally sound management of waste batteries that arise and are collected under any scheme set up in accordance with the Directive or Directive 2002/96/EC on Waste Electrical and Electronic Equipment in another member state or third country.

• (9) Notwithstanding sub-article (7) the quantity of portable batteries placed on the market in the State by a producer excluding any portable batteries that left the State prior to being sold to end-users shall, without prejudice to Directive 2002/96/EC of 27 January 2003 on Waste Electrical and Electronic Equipment, include batteries incorporated into appliances.

Alternative financing arrangements.

• (2) Where producers and users of industrial or, as appropriate, automotive batteries conclude agreements stipulating other financing methods provided for in sub-article (1), each—

• (a) producer shall in advance of the sale of such batteries notify that user in writing of any or all of the obligations that transfer to the end-user concerned in connection with the environmentally sound management of the waste batteries, and where appropriate, of his or her obligations to fulfil the provisions of articles 27 and 28.

• (b) end-user shall by the 31 January of each year, in respect of the previous calendar year, provide each producer concerned with adequate information to demonstrate that all waste batteries were—

• (i) treated at an appropriate facility in accordance with the requirements set out in Part A, and

• (ii) recycled at an appropriate facility in accordance with the requirements set out in Part B

of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.

• (3) Notwithstanding sub-article (1), alternative financial arrangements with users of—

• (a) industrial batteries or, as appropriate, automotive batteries may be limited to the user and the producer mutually agreeing that waste industrial batteries or, as appropriate, waste automotive batteries may be deposited by the user concerned at a collection point designated by the producer, and

• (b) automotive batteries arising from private or, as appropriate, non-commercial vehicles shall be prohibited.

Collection of waste batteries

• (a) end-users of waste—

• (i) portable batteries,

• (ii) automotive batteries from private or, as appropriate, non-commercial vehicles,

shall be entitled to deposit such waste at civic amenity facilities free of charge,

• (b) each producer of—

• (i) portable batteries shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste portable batteries from collection points and civic amenity facilities situated in the functional area of each local authority,

• (ii) automotive batteries shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste automotive batteries arising from private or, as appropriate, non-commercial vehicles from collection points and civic amenity facilities situated in the functional area of each local authority,

• (iii) automotive batteries from vehicles other than private or, as appropriate, non-commercial vehicles shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste automotive batteries from vehicles other than private or, as appropriate, non-commercial vehicles from collection points situated in the functional area of each local authority or, as appropriate,

• (iv) industrial batteries shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste industrial batteries regardless of their chemical composition, or as appropriate, origin from collection points situated in the functional area of each local authority, and

• (c) each local authority may—

• (i) designate any—

• (A) workplace or educational establishment, or

• (B) place owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number

as a collection point, subject to the agreement of the management of the workplace or educational establishment or body in possession of a valid CHY number, and

• (ii) allow waste batteries that have been collected at a number of collection points to be bulked at one such collection point, subject to the agreement of the operators of the collection points concerned

and, where appropriate, an obligated producer, or as appropriate, approved body established in accordance with the provisions of Part V.

Disposal of waste batteries

• (2) Notwithstanding sub-article (1), the residues or any battery may be disposed of in landfill or by incineration provided it has already undergone both treatment and recycling in accordance with the provisions of articles 27 and 28.

Treatment of waste batteries

• (a) producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of article 23,

• (b) end-user of an industrial or, as appropriate, automotive battery, other than an automotive battery from a private or, as appropriate, non-commercial vehicle who avails of alternative financing methods as provided for in article 24,

• (c) authorised waste collector, acting independently of any obligated producer or approved body established in accordance with the provisions of Part V of these Regulations, engaged in the collection and transport of any waste battery or, as appropriate,

• (d) person who becomes obligated in accordance with the provisions of articles 17(5) or, as appropriate, 22(3)

shall ensure that waste batteries are treated and recycled using best available techniques in terms of the protection of health and the environment, shall ensure such treatment and recycling meets the requirements set out in Part A of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time and, as a minimum, shall ensure such treatment and recycling complies with Community legislation as regards health, safety and waste management, and shall regularly evaluate and adapt best available techniques in relation to recycling efficiencies.

• (2) Without prejudice to sub-article (1), on and from 26 September 2008, where any waste battery is to be treated in another member state or a third country, the—

• (a) producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of article 23,

• (b) end-user of an industrial or, as appropriate, automotive battery, other than an automotive battery from a private or, as appropriate, non-commercial vehicle avails of alternative financing methods as provided for in article 24,

• (c) authorised waste collector, acting independently of any obligated producer or approved body established in accordance with the provisions of Part V of these Regulations, engaged in the collection and transport of any waste industrial battery or, as appropriate,

• (d) person who becomes obligated in accordance with the provisions of articles 17(5) or, as appropriate, 22(3)

shall ensure it is transported in accordance with the provisions of Council Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste ⁹ Council Regulation (EC) No 1420/1999 of 29 April 1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste ¹⁰ and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply ¹¹ , shall ensure it is treated and recycled at a facility appropriately authorised by the relevant competent authority or authorities in the member state or third country concerned and, when treated and recycled, shall furnish documentary evidence that the requirements of sub-article (1) and article 28(1) have been complied with.

• (3) Without prejudice to sub-article (1), on and from 26 September 2008, any holder of, as the case may be, a waste facility permit, a registration certificate or waste collection permit shall furnish to the Agency such information in relation to waste batteries collected, accepted, sorted, transferred, recycled, disposed of, brokered, or otherwise managed or treated within a specified period, in such form and at such frequency as may be specified by the Agency.

• (4) Without prejudice to sub-article (2), on and from 26 September 2008, any person exporting waste batteries to any third country, shall—

• (a) ensure that they are treated in accordance with article 15 of the Directive and any detailed rules for the implementation of Article 15 as laid down in accordance with the procedure referred to in Article 24(2) of the Directive, and

• (b) demonstrate to the satisfaction of the Agency that all the waste batteries concerned were—

• (i) treated at an appropriate facility in accordance with the requirements of sub-article (1), and

• (ii) recycled at an appropriate facility in accordance with the requirements of article 28(1)

before claiming fulfilment of the obligations and efficiencies laid down in Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.

• (5) Without prejudice to sub-articles (1) and (2), on and from 26 September 2008, any battery that is collected with waste electrical and electronic equipment in accordance with the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ), subject to any amendment that may be made to those regulations from time to time, shall be removed from the waste electrical and electronic equipment concerned prior to its environmentally sound management in accordance with the provisions of these Regulations.

Recycling of waste batteries

• (a) producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of article 23,

• (b) end-user of an industrial or, as appropriate, automotive battery, other than an automotive battery from a private or, as appropriate, non-commercial vehicle avails of alternative financing methods as provided for in article 24,

• (c) authorised waste collector, acting independently of any obligated producer or approved body established in accordance with the provisions of Part V of these Regulations, engaged in the collection and transport of any waste industrial battery or, as appropriate,

• (d) person who becomes obligated in accordance with the provisions of articles 17(5) or, as appropriate, 22(3)

shall ensure that recycling processes, as a minimum, meet the recycling efficiencies set out in Part B of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.

• (2) On and from 26 September 2008, the operator of each facility in the State engaged in the recycling of waste batteries shall be required to consider the—

• (a) introduction of certified environmental management schemes in accordance with Regulation (EC) No. 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community ecomanagement and audit scheme (EMAS) ¹² ,

• (b) development of new recycling and treatment technologies, and

• (c) promotion of research into environmentally friendly and cost effective recycling methods

for all types of batteries.

• (3) Notwithstanding sub-article (2), the Agency or, as appropriate, a local authority, shall encourage an applicant seeking a facility permit or a facility licence or the renewal of a permit or a licence, to operate a facility for the recycling of waste batteries, in accordance with the provisions of section 39(1) of the Act to set out his or her proposals for the—

• (a) introduction of certified environmental management schemes in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community ecomanagement and audit scheme (EMAS),

• (b) development of new recycling and treatment technologies, and

• (c) promotion of research into environmentally friendly and cost effective recycling methods

for all types of batteries before considering such an application.

• (4) Without prejudice to sub-article (2) the Minister from time to time may issue guidance concerning new recycling technologies.

Record keeping

• (a) each producer shall ensure that he or she or a third party acting on his or her behalf records the quantities, by weight or, as appropriate, by number of units, and categories of batteries in each of the categories specified in guidance which the Minister may issue from time to time he or she placed on the market in—

• (i) each Member State of the European Union, and

• (ii) third countries, and

• (b) each—

• (i) producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of article 23,

• (ii) end-user of an industrial or, as appropriate, automotive battery, other than an automotive battery from a private or, as appropriate, non-commercial vehicle avails of alternative financing methods as provided for in article 24,

• (iii) authorised waste collector, acting independently of any obligated producer or approved body established in accordance with the provisions of Part V of these Regulations, engaged in the collection and transport of any waste industrial battery or, as appropriate,

• (iv) person who becomes obligated in accordance with the provisions of articles 17(5) or, as appropriate, 22(3)

or a third party acting on his or her behalf, shall record the quantities, by weight or, as appropriate, by number of units, and categories of batteries in each of the categories specified in guidance which the Minister may issue from time to time when entering and leaving a recycling facility carrying out the treatment of waste batteries or, as appropriate, when entering a recycling facility carrying out the recycling of waste batteries.

• (2) Records kept pursuant to sub-article (1) shall be—

• (a) retained at an address in the State by the person required to keep them for a period of at least six years, starting from the end of the year in which they were drawn up, and

• (b) made available to the Agency, the Registration Body, a local authority or, as appropriate, an appropriate agency on request within a specified period or by a specified date.

Waste management plans and reports

• (a) have prepared a plan specifying the steps to be taken by the said producer in order to comply with the requirements of these Regulations, including the steps which the producer intends to take to ensure the environmentally sound management of waste batteries, and

• (b) fix and maintain, on and from 26 September 2008, in a conspicuous position at or within one metre of each entrance to each of his or her premises, other than a premises used for the distribution of batteries, a notice complying with the requirements specified in Part 1 of the Third Schedule.

• (2) A plan in accordance with the provisions of sub-article (1)(a) shall contain at least the information set out in Part 1 of the Fourth Schedule.

• (3) A producer shall, not later than the date on which application for renewal of registration is made in accordance with the provisions of sub-article 18(1)(b)—

• (a) have prepared a report specifying the steps taken by the said producer in order to comply with the requirements of these Regulations in the relevant period, and the results of those steps, and

• (b) fix and maintain, in a conspicuous position at or within one metre of each entrance to each of his or her premises, other than a premises used for the distribution of batteries, a notice complying with the requirements specified in Part 2 of the Third Schedule.

• (4) A report in accordance with the provisions of sub-article (3)(a) shall contain at least the information set out in Part 2 of the Fourth Schedule.

• (5) A producer shall at least once every three years, and not later than the date on which application for renewal of registration in that year is made in accordance with the provisions of article 18(1)(b), have prepared a new plan in accordance with the provisions of sub-article (1)(a).

• (6) A producer shall on the date on which application for—

• (a) registration is made in accordance with the provisions of article 18(1)(a), or

• (b) renewal of registration is made in accordance with the provisions of article 18(1)(b)

submit to the Agency for its approval a copy of a plan or report prepared for the purpose of this article.

• (7) An administration fee determined by the Agency shall accompany a copy of a plan or report submitted to it in accordance with the provisions of sub-article (6).

• (8) A copy of a plan or report prepared for the purpose of this article shall be made available, free of charge, by the producer concerned to any person who so requests within 10 working days of the date of receipt of the request.

• (9) For the purpose of this article, “made available” includes sending the plan or report, as the case may be, by post, fax or electronic mail to a person who so requests.

• (10) Notwithstanding article 23, the Agency shall in determining the adequacy of a plan submitted in accordance the provisions of sub-article (6) consult with the Minister with regard to any condition which the Minister may wish to apply including conditions—

• (a) for the achievement of interim collection targets which may be set by the Minister or, as appropriate,

• (b) requiring co-operation with any approved body established in accordance with the provisions of Part V of these Regulations and other individual producers who are not eligible for the exemptions provided for in article 34 including appropriate financial arrangements to enable the collection of waste batteries from collection points, including civic amenity facilities, workplaces and educational establishments in the appropriate functional areas of all local authorities.

Obligation of producers to provide information to users of batteries

• (a) that he or she or a third party acting on his or her behalf marks indelibly, visibly and legibly each battery including any button cell he or she places on the market—

• (i) with the symbol shown in the Fifth Schedule and, as appropriate,

• (ii) containing more than—

• (A) 0.0005% mercury with the chemical symbol Hg,

• (B) 0.002% cadmium with the chemical symbol Cd or, as appropriate,

• (C) 0.004% lead with the chemical symbol Pb

which shall be printed beneath the symbol shown in the Fifth Schedule and shall cover an area of at least one quarter the size of that symbol, and

• (b) when supplying a new battery, that users are informed of—

• (i) the potential effects on the environment and human health of the substances used in batteries,

• (ii) the desirability of not disposing of waste batteries as unsorted municipal waste and of participating in their separate collection so as to facilitate treatment and recycling,

• (iii) their role in contributing to the recycling of waste batteries,

• (iv) the meaning of the symbol of the crossed-out wheeled bin shown in the Fifth Schedule and the chemical symbols Hg, Cd and Pb,

• (v) how to safely remove a battery from an appliance where a battery is incorporated into the appliance concerned, and

• (vi) where appropriate, the type of any battery that is incorporated into an appliance.

• (2) Without prejudice to sub-article (1), the symbol shown in the Fifth Schedule shall cover at least—

• (a) 3% of the area of the largest side of any battery or, as appropriate, battery pack but excluding any cylindrical cell, or

• (b) 1.5% of the surface area of any cylindrical cell,

up to a maximum size of 5 5 cm.

• (3) Notwithstanding sub-article (2), where the size of the battery or, as appropriate, battery pack is such that the symbol shown in the Fifth Schedule would be smaller than 0.5 0.5 cm—

• (a) the battery or, as appropriate, battery pack need not be marked in accordance with provisions of sub-article (1), and

• (b) the symbol shown in the Fifth Schedule shall be printed on the packaging and shall measure at least 1 1 cm.

• (4) Notwithstanding sub-article (3), where the symbol shown in the Fifth Schedule is printed on the packaging of any battery, including any button cell, containing more than—

• (a) 0.0005% mercury,

• (b) 0.002% cadmium or, as appropriate,

• (c) 0.004% lead,

the information as prescribed in sub-article (1)(a) shall also be printed on the packaging concerned.

• (5) The obligation in sub-article—

• (a) 1(b) will be deemed to have been met if the information is provided—

• (i) in the instructions for use,

• (ii) in leaflets issued at the point of sale, or, as appropriate,

• (iii) through an ongoing information campaign approved by the Minister, and

• (b) 1(b)(v) shall not apply where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and requires a permanent connection between the appliance and the battery.

• (6) On and from 26 September 2009 each producer shall ensure that he or she or a third party acting on his or her behalf marks indelibly, visibly and legibly each—

• (a) portable battery or, as appropriate,

• (b) automotive battery

with details of the capacity of the battery concerned in accordance with the detailed rules for the implementation of this requirement, including harmonised methods for the determination of capacity and appropriate use, laid down in accordance with the procedure referred to in Article 24(2) of the Directive.

• (7) A producer shall be exempt from the requirements of sub-article (6) where exemptions from the labelling requirements of Article 21 of the Directive have been granted in accordance with the procedure referred to in Article 24(2) of the Directive.

Obligation of producers to provide information to the Registration Body

• (a) by 1 September 2008, in respect of the calendar year ending 31 December 2007,

• (b) by 31 January of each year thereafter, in respect of the previous calendar year ending 31 December, and

• (c) on request within a specified period or by a specified date, in respect of any specified period.

Obligation of distributors to provide information to users of batteries

• (a) when supplying a new product, shall ensure that users are informed of the return and collection systems available to them, and

• (b) fix and maintain, in a conspicuous position within one metre of the point of sale or, as appropriate, display of batteries a notice complying with the requirements specified in Part 3 of the Third Schedule.

• (2) The obligation of sub-article—

• (a) (1)(a) will be deemed to have been met if the information is provided in the instructions for use or, as appropriate, leaflets issued at the point of sale or, as appropriate,

• (b) (1)(b) will be deemed to have been met if a distributor of electrical and electronic equipment and batteries fixes and maintains in a conspicuous position within one metre of the point of sale or, as appropriate, display of electrical and electronic equipment and batteries a notice complying with the requirements specified in Part 4 of the Third Schedule.

• (3) Notwithstanding sub-article (1), any person advertising batteries will be required, in any advertisement, to include the following text “Waste batteries must never be placed in your waste disposal or recycling bins. There is a bin for small batteries in your local store. Battery recycling is free”.

PART V APPROVED BODIES

Exemption from certain requirements

• (2) Notwithstanding sub-article (1) an approved body shall be responsible for the achievement of the targets specified in article 23(7) in proportion to the total quantity of batteries placed on the market in the State, excluding any batteries that left the State prior to being sold to end-users, by producers participating in the approved body concerned.

Application to the Minister for approval

• (2) An application for approval in accordance with the provisions of sub-article (1) shall be made in writing and shall be accompanied by the following—

• (a) a copy of the articles of association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) proposals relating to corporate governance,

• (d) proposals for representation of small and medium enterprises on the board of the approved body together with the names and addresses in the State of the officers of the body corporate and its board of directors,

• (e) a business plan in relation to the proposed scheme,

• (f) proposals for a contingency reserve,

• (g) proposals relating to co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in article 34 including proposals in relation appropriate financial arrangements to enable to the collection of waste batteries from collection points including civic amenity facilities, workplaces and educational establishments in the appropriate functional areas of all local authorities,

• (h) proposals for a scheme to be undertaken by the body corporate for the environmentally sound management of waste batteries,

• (i) proposals for the achievement of the targets as laid down in articles 23 and 28 for the environmentally sound management of waste batteries under the proposed scheme,

• (j) proposals for determining and verifying the level of the environmentally sound management of waste batteries under the proposed scheme,

• (k) a copy of the rules of membership of the body corporate together with details of the membership fee structure,

• (l) a—

• (i) declaration that no producer applying for membership will be discriminated against on the grounds—

• (A) of the quantity or, as appropriate, type of batteries that he or she places on the market in the State excluding any batteries that left the State prior to being sold to end-users or, as appropriate,

• (B) that the body concerned is only catering for or will only cater for—

• (I) a maximum pre-determined share of waste arisings from batteries or, as appropriate,

• (II) waste arising from batteries from a particular geographical location or locations,

in the State, and

• (ii) list of applications for membership—

• (A) received,

• (B) accepted, and

• (C) rejected together with the grounds for rejection.

• (m) proposals for the certification of producers for the purposes of article 34,

• (n) proposals relating to green procurement and the engagement of authorised waste collectors demonstrating competence to comply with regulations made under the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998),

• (o) proposals relating to the dissemination of information to the public regarding the environmentally sound management of waste batteries,

• (p) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister or, as appropriate,

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

Grant or refusal of approval

• (2) Subject to article 37, an approval granted by the Minister under this article shall be for a period of not less than three years and not more than five years.

• (3) An approval in accordance with the provisions of sub-article (1) may be subject to such conditions as the Minister may specify, including conditions relating to—

• (a) the articles of association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) corporate governance,

• (d) the representation of small and medium enterprises on the board of the approved body and the composition of the board of directors,

• (e) the business plan,

• (f) a contingency reserve,

• (g) co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in article 34 including appropriate financial arrangements enable the collection of waste batteries from collection points including civic amenity facilities, workplaces and educational establishments in the appropriate functional areas of all local authorities,

• (h) any aspects of the scheme to be undertaken by the body corporate for the environmentally sound management of waste batteries,

• (i) the achievement of—

• (i) the targets as laid down in articles 23 and 28 and, where appropriate,

• (ii) interim collection targets which may be prescribed in conditions applied by the Minister under this article

for the environmentally sound management of waste batteries,

• (j) the determination and verification of the effects of measures to be undertaken with regard to the environmentally sound management of waste batteries,

• (k) the rules of membership of the body corporate and the membership fee structure,

• (l) non-discrimination against any producer on the grounds—

• (i) of the quantity or, as appropriate, type of batteries that he or she places on the market in the State excluding any batteries that left the State prior to being sold to end-users or, as appropriate,

• (ii) that the body concerned is only catering for or will only cater for—

• (A) a maximum pre-determined share of waste arisings from batteries or, as appropriate,

• (B) waste arising from batteries from a particular geographical location or locations,

in the State,

• (m) the certification of producers for the purpose of article 34,

• (n) green procurement and the engagement of authorised waste collectors demonstrating competence to comply with regulations made under the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998),

• (o) measures to be undertaken by the body concerned relating to the dissemination of information to the public regarding the environmentally sound management of waste batteries,

• (p) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister,

• (q) the achievement of interim collection targets which may be set by the Minister or, as appropriate,

• (r) any other matters the Minister may consider appropriate.

• (4) Without prejudice to sub-article (3), in the event that an approved body—

• (a) has its approval revoked in accordance with the provisions of article 37,

• (b) goes into liquidation, examination or, as appropriate, receivership or, as appropriate,

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 201 of the Companies Acts,

the contingency reserve provided for in sub-article (3)(f), shall not be used by any person or persons, including the liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producers in membership of the compliance scheme concerned as laid down in these Regulations.

• (5) 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.

Review and revocation of approval

• (a) new targets for the environmentally sound management of waste batteries need to be met,

• (b) it is necessary to ensure equitable distribution of producer responsibility obligations, or

• (c) for some other reason it is necessary in the interests of the environmentally sound management of waste batteries,

he or she may review an approval granted in accordance with the provisions of article 36, or require the approved body to make a new application in accordance with the provisions of article 35 for a renewal of an approval.

• (2) Where the Minister proposes to review an approval granted in accordance with the provisions of article 36, or require the making of a new application in accordance with the provisions of article 35, the Minister shall—

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

• (b) specify a period of not less than four weeks within which the approved body may make a submission to the Minister in relation to a review, or make a new application in accordance with the provisions of article 35, as the case may be, and

• (c) consider any submission, or application so made.

• (3) Following the consideration of any submission or application 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, or grant a new approval in accordance with the provisions of article 36, as the case may be.

• (4) Where an approval granted in accordance with the provisions of article 36 is due to expire, the approved body concerned shall—

• (a) 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 an approved body, or

• (b) if intending to continue to operate as an approved body, shall not later than two months before the expiry of the approval, make an application to the Minister in accordance with the provisions of said article 35.

• (5) Subject to sub-article (6), where it appears to the Minister that an approved body is not complying with conditions attached to such approval, or that relevant targets for the environmentally sound management of waste batteries have not been or are not being met, the Minister may review or, as appropriate, revoke an approval granted in accordance article 36.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of article 36, the Minister shall—

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

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

• (c) consider any submission so made.

Use of logo adopted by an approved body

• (a) at any premises or, as appropriate,

• (b) on or in, any—

• (i) vehicle,

• (ii) product,

• (iii) packaging,

• (iv) advertisement or, as appropriate,

• (v) notice,

any logo or other mark or symbol designed and adopted by that approved body for use by producers or, as appropriate, distributors certified by that approved body for the purposes of article 34.

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

• (a) not later than the 7th day of each month, notify—

• (i) each local authority of any producer situated within the functional area of the local authority concerned,

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

• (iii) the Agency

of any producer in respect of which a certificate for the purposes of article 34 has been granted or revoked within the preceding calendar month, and

• (b) furnish such information, in such form and at such frequency as may be specified by the Agency or the Central Statistics Office, in relation to activities carried out by producers or recycling operators registered with that body, for the purposes of complying with these Regulations.

PART VI FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES

Enforcement

• (2) Each local authority shall be responsible for the enforcement of the provisions of articles 21(1)(b), 21(2), 21(3), 21(6), 21(7), 22, 33(1), 33(2) and 42 of these Regulations within their functional areas and shall take such steps as are necessary for this purpose.

• (3) The Agency or, as appropriate, the relevant local authority, shall be responsible for the enforcement of the provisions of articles 25, 26, 43 and 44 of these Regulations within the State and shall take such steps as are necessary for this purpose.

• (4) The Agency or a local authority may, for the purpose of determining compliance with these Regulations, by the service of a notice in writing on any producer or distributor, require the producer or distributor concerned to furnish in writing to the Agency or a local authority, as the case may be, within such period (being not less than 14 days after the date of the service of the notice) and, if appropriate, thereafter at such frequency as may be specified in the notice, such records including, but not exclusively, invoices, credit notes, dispatch or, as appropriate, delivery dockets as may be so specified.

• (5) Information obtained under sub-article (4) by—

• (a) a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or the Agency so requests, be furnished to the Minister or the Agency or, as appropriate

• (b) the Agency, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or an appropriate local authority so requests, be furnished to the Minister or the appropriate local authority,

as the case may be.

Authorised Persons

Registration of Distributors

• (2) Each local authority shall be required to provide for the maintenance of the register, and the inspection of each premises registered therein.

• (3) A distributor shall, in respect of each premises from which he or she, distributes batteries or, as appropriate, uses for the storage of batteries prior to their distribution—

• (a) apply for registration, not later than 15 September 2008, or the date of commencement of business, whichever is the later, and

• (b) apply for renewal of such registration, not later than 31 January in each year following initial registration, subject only that a distributor or, as appropriate, a producer shall not be required to make such application within six months of initial registration

to the local authority in the functional area in which each premises at which he or she stores waste batteries accepted free of charge in accordance with the provisions of article 21 of these Regulations, is situated.

• (4) An application for registration, or renewal of registration, in accordance with the provisions of sub-article (3) shall be made in writing, shall contain at least the information set out in the Sixth Schedule and shall be accompanied by a—

• (a) declaration from the applicant that transport and storage of waste batteries shall be in accordance with the provisions of—

• (i) sections 34(1) and 39(1) of the Act, or, as appropriate,

• (ii) articles 43 and 44 of these Regulations, and

• (b) fee as prescribed in article 37(4)(b) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations ( S.I. No. 340 of 2005 ) subject to any amendment that may be made to those regulations from time to time.

• (5) Without prejudice to sub-article (3), any distributor who is registered in accordance with the provisions of article 37 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations ( S.I. No. 340 of 2005 ), subject to any amendment that may be made to those regulations from time to time, shall be deemed to be registered in accordance with the provisions of this article.

• (6) Without prejudice to sub-article (1), an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part V of these Regulations may, subject to sub-article (7) maintain a register for the purposes of this article.

• (7) An approval in accordance with the provisions of sub-article (6) shall be subject to such conditions as the Minister may specify, including but not exclusively—

• (a) the period of approval,

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

• (c) revocation of approval, and

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

• (8) 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.

• (9) Any association or body corporate representing distributors or approved body established in accordance with the provisions of Part V of these Regulations that is approved in accordance with the provisions of sub-article (7)—

• (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.

• (10) Subject to sub-article (11), where it appears to the Minister that an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part V of these Regulations that is approved in accordance with the provisions of sub-article (7) is not complying with conditions attached to such approval, he or she may revoke the approval.

• (11) Where the Minister proposes to revoke an approval granted in accordance with the provisions of sub-article (7), the Minister shall—

• (a) give notice in writing to the association or body corporate or the approved body established in accordance with the provisions of Part V of these Regulations concerned of the proposed decision and the reasons therefor,

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

• (c) consider any submission so made.

• (12) Once an approval in accordance with the provisions of sub-article (7)—

• (a) is revoked by the Minister, or

• (b) expires,

the association or body corporate concerned or approved body established in accordance with the provisions of Part V of these Regulations shall immediately transfer to each appropriate local authority, all records, documentation and data in written and in electronic form, relating to the registrar provided for in sub-article (6), including the requisite software and programmes.

• (13) A distributor shall fulfil the obligation in sub-article (3) if he or she applies, to an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part V of these Regulations that is approved in accordance with the provisions of sub-article (7), for the registration of each premises from which he or she, distributes batteries or, as appropriate, uses for the storage of batteries prior to their distribution.

• (14) Any distributor who registers each premises from which he or she, distributes batteries or, as appropriate, uses for the storage of batteries prior to their distribution in accordance with the provisions of sub-article (13) shall be deemed to have fulfilled the obligations provided for in sub-articles (3) and (4).

• (15) The provisions of this article shall not apply in respect of collection points—

• (a) where waste portable batteries are stored following acceptance in accordance with the provisions of article 21(2) provided that the storage thresholds provided for in article 44(1)(a)(ii) are not exceeded, or

• (b) designated in accordance with the provisions of article—

• (i) 25(c)(i)(A) provided that the storage thresholds provided for in article 44(1)(b), or

• (ii) 25(c)(i)(B) provided that the storage thresholds provided for in article 44(1)(c)(ii),

are not exceeded.

PART VII MISCELLANEOUS

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

• (a) distributor, registered or exempted from registration in accordance with the provisions of article 42—

• (i) taking back waste batteries or, as appropriate,

• (ii) depositing waste batteries at a collection point,

that was accepted free of charge in accordance with the provisions of article 21 and is managed in accordance with the provisions of article 22,

• (b) person or persons, acting on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number, or

• (c) person or persons, acting on behalf of a workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of article 25(c)

provided that the waste 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), other than a vehicle designed for the carriage of a skip or other demountable container.

• (2) the exemptions provided for in sub-article (1) shall not apply—

• (a) to contaminated waste batteries that present a health and safety risk, and

• (b) unless the waste batteries will be eventually–

• (i) treated at an appropriate facility in accordance with the requirements set out in Part A, and

• (ii) recycled at an appropriate facility in accordance with the requirements set out in Part B

of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.

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

• (a) place where batteries are distributed, or a facility used by a distributor for the storage of batteries prior to their distribution, and where the quantities of waste batteries being stored at any one time does not exceed—

• (i) 2,500 kg of waste batteries other than waste specified in paragraph (ii) or, as appropriate,

• (ii) 250 kg of waste portable batteries

provided they where accepted free of charge in accordance with the provisions of article 21, are managed in accordance with the provisions of article 22, and that such a place is registered and inspected or exempted from registration in accordance with the provisions of article 42,

• (b) workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of article 25(c)(i)(A) and where the quantities being stored at any one time does not exceed 250 kg of waste portable batteries, or

• (c) place owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, designated as a collection point by a local authority in accordance with the provisions of article 25(c)(i)(B) and where the quantities being stored at any one time does not exceed—

• (i) 500 kg of waste batteries, other than waste specified in paragraph (ii) or, as appropriate,

• (ii) 50 kg of waste portable batteries

• (2) the exemptions provided for in sub-article (1) shall not apply—

• (a) to contaminated waste batteries that presents a health and safety risk, and

• (b) unless the waste batteries will be eventually–

• (i) treated at an appropriate facility in accordance with the requirements set out in Part A, and

• (ii) recycled at an appropriate facility in accordance with the requirements set out in Part B

of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.

• (3) On and from 26 September 2008, waste batteries deposited by end-users or accepted free of charge by distributors in accordance with the provisions of article 21 through deliveries by commercial vehicles, may be accepted and stored at a collection point pending onward transport to an authorised treatment facility, or a temporary facility established with the approval of, or designated by, the appropriate local authority, to which members of the public have access for the deposit of waste batteries, where—

• (a) the quantities of waste batteries being stored at any one time do not exceed—

• (i) 10 tonnes of waste batteries, other than waste specified in paragraph (ii) or, as appropriate,

• (ii) 1,000 kg of waste portable batteries, and

• (b) where the waste batteries shall be stored for a period not exceeding 30 days.

• (4) Sub-article 3 shall only apply where—

• (a) the restrictions imposed on the sources, maximum quantities and duration of storage of waste batteries are not exceeded at any time, and

• (b) a—

• (i) licensed, or, as appropriate, authorised facility has notified the Agency, or, as appropriate, the relevant local authority of its intentions to accept waste batteries that will be deposited by end-users or accepted free of charge by distributors in accordance with the provisions of article 21 through deliveries by commercial vehicles and has received written approval from the Agency, or, as appropriate, the relevant local authority to this request, or

• (ii) registration certificate has been granted under sub-article 5 by the Agency, or, as appropriate, the relevant local authority in relation to the reception of waste batteries that will be deposited by end-users or accepted free of charge by distributors in accordance with the provisions of article 21 through deliveries by commercial vehicles at the facility, and

• (c) the activity is being carried on in accordance with the rules specified in—

• (i) 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 ) subject to any amendment that may be made to those regulations from time to time, and

• (ii) the Seventh Schedule of these Regulations

and complies with the general requirements laid down in Article 4 of Directive 2006/12/EC.

• (5)
• (a) On and from 26 September 2008, a person may accept and store waste batteries, deposited by end-users or accepted free of charge by distributors in accordance with the provisions of article 21, at a collection point through deliveries by commercial vehicles pending onward transport to an authorised treatment facility, where a registration certificate has been granted in lieu of a waste permit in relation to the carrying on of the said activity at that facility.

• (b) The Agency or, as appropriate, a local authority may, on application being made to it in accordance with these Regulations, grant a registration certificate (with or without conditions) or refuse to grant such a certificate, in relation to the carrying on at a facility of the said activity.

• (c) An application for a registration certificate shall be made—

• (i) in the case of an activity carried on by, or on behalf of, a local authority, to the Agency,

• (ii) in the case of an activity carried on by a person other than a local authority, to a local authority in whose functional area the relevant facility is located.

• (d) An application for a registration certificate must be made in writing and shall contain the information specified in the Eighth Schedule, where appropriate.

• (e) On and from 2 January 2009, a fee of €300 shall accompany an application for a registration certificate.

• (f) A local authority or, as appropriate, the Agency shall decide on an application for a registration certificate within four weeks from the date of submission of a valid application.

• (g) Notwithstanding paragraph (f), where an applicant demonstrates that he or she has applied for a registration certificate to the Agency, or, as appropriate, the relevant local authority in respect of a collection point prior to 2 January 2009, such a collection point shall, in the period before a registration certificate is granted or refused, be deemed to be registered in accordance with the terms of paragraph (a).

• (h) All records at a facility registered in accordance with the terms of paragraph (a) shall be maintained for a period of six years, starting from the end of the year in which the record was created.

Increased environmental performance.

• (a) promotion of research and encourage improvements in the overall environmental performance of batteries throughout their entire life cycle, and

• (b) development and marketing of batteries which contain smaller quantities of dangerous substances or which contain less polluting substances, in particular as substitutes for mercury, cadmium and lead.

• (2) Notwithstanding sub-article (1), any undertaking supported by public funds that assists or intends to assist in any way a manufacturer of batteries shall consult with the Minister concerning the manufacture’s proposals for the—

• (a) promotion of research and encourage improvements in the overall environmental performance of batteries throughout their entire life cycle, and

• (b) development and marketing of batteries which contain smaller quantities of dangerous substances or which contain less polluting substances, in particular as substitutes for mercury, cadmium and lead.

before considering the granting or continued granting of such assistance.

• (3) Without prejudice to sub-article (1) the Minister from time to time may issue guidance concerning the design of and production of batteries.

Removal of waste batteries

• (a) each person in the State engaged in the manufacture of appliances into which batteries are incorporated shall be required to design the appliances concerned in such a way that waste batteries can be readily removed, except where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and requires a permanent connection between the appliance and the battery or, as appropriate,

• (b) any producer or distributor of appliances into which batteries have been incorporated shall ensure that each appliance concerned is accompanied by instructions showing how they can be removed safely and, where appropriate, informing the end-user of the type of the incorporated batteries.

• (2) Without prejudice to sub-article (1)(a) the Minister from time to time may issue guidance concerning the design of and production of appliances containing batteries.

• (3) Without prejudice to sub-article (1)(b) each distributor shall ensure that instructions, showing how batteries can be removed safely and, where appropriate, informing the end-user of the type of the incorporated batteries, are provided to each customer purchasing any appliance into which a battery or batteries have been incorporated.

Offences

• (a) contravenes or fails to comply with a provision, or provisions, of these Regulations, or

• (b) provides information which is false or to his or her knowledge misleading in a material way, or

• (c) obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations

shall be guilty of an offence.

• (2) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of a person, being a director, manager, secretary or other officer of that body, or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Prosecutions and penalties

• (2) A person guilty of an offence under these Regulations is liable—

• (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.

Revocation

FIRST SCHEDULE

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

PART 1 Information to be provided for the purpose of registration.

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Persons Telephone No.:

Contact Persons Fax No.:

Contact Persons E-mail:

PART 2 Information to be provided for the purpose of renewal of registration

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Persons Telephone No.:

Contact Persons Fax No.:

Contact Persons E-mail:

SECOND SCHEDULE

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

PART 1 Information to be provided in a report in accordance with the provisions of article 22(3).

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Persons Telephone No.:

Contact Persons Fax No.:

Contact Persons E-mail:

• (a) recycled by or on behalf of the distributor, and

• (b) accepted by recycling operators,

in the relevant period, in each of the categories specified in guidance which the Minister may issue from time to time

PART 2 Information to be provided in a report in accordance with the provisions of article 23(6).

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Persons Telephone No.:

Contact Persons Fax No.:

Contact Persons E-mail:

• (a) recycled by or on behalf of the economic operator, and

• (b) accepted by recycling operators,

in the relevant period, in each of the categories specified in guidance which the Minister may issue from time to time

THIRD SCHEDULE

REQUIREMENTS REGARDING NOTICES IN ACCORDANCE WITH ARTICLES 30 AND 33

PART 1 Requirements regarding a notice in accordance with the provisions of article 30(1)(b).

A notice for the purpose of article 30(1)(b) shall—

• (a) be not less in dimension than 42 centimetres in height and 29.7 centimetres in width or 29.7 centimetres in height and 42 centimetres in width,

• (b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

• (c) not be obscured or concealed at any time, and

• (d) state the following—

“WASTE MANAGEMENT ACT 1996

A plan specifying the steps to be taken by [name of producer] for the purpose of recycling waste batteries is available at these premises or, if so requested, will be sent by post, fax or electronic mail. ”

and

• (e) be affixed until the preparation of a subsequent report in accordance with the provisions of article 30(4).

PART 2 Requirements regarding a notice in accordance with the provisions of article 30(3)(b).

A notice for the purpose of article 30(3)(b) shall—