LegalizeS.I. No. 268/2008 - Waste Management (Batteries and Accumulators) Regulations 2008
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 2014-06-20, S.I. No. 283/2014 - European Union (Batteries and Accumulators) Regulations 2014
- (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 report specifying the steps taken by [name of producer] for the purpose of recycling waste batteries is available at these premises and, if so requested, will be sent by post, fax or electronic mail. ”
PART 3 Requirements regarding a notice in accordance with the provisions of article 33(1)(b).
A notice for the purpose of article 33(1)(b) shall—
- (a) be not less in dimension than 29.7 centimetres in height and 21 centimetres in width or 21 centimetres in height and 29.7 centimetres in width,
- (b) be so printed in bold type in black indelible ink with a times new roman font size of at least 24 or equivalent and line space of at least 1.25 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) bear the following wording—
“FREE RECYCLING
WASTE MANAGEMENT ACT 1996
Waste batteries including rechargeable batteries (of a type sold here) are taken back free of charge in this store.
You are not obliged to make any purchase when returning old batteries here.
Each local authority must also accept small batteries free of charge at its recycling facilities.
All waste batteries must be recycled and should not be placed in your waste disposal or recycling bins.
Make sure you always recycle all your old batteries.”.
PART 4 Requirements regarding a notice in accordance with the provisions of article 33(2)(b).
A notice for the purpose of article 33(2)(b) shall—
- (a) be not less in dimension than 29.7 centimetres in height and 21 centimetres in width or 21 centimetres in height and 29.7 centimetres in width,
- (b) be so printed in bold type in black indelible ink with a times new roman font size of at least 20 or equivalent and line space of at least 1.25 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) bear the following wording—
“FREE RECYCLING
WASTE MANAGEMENT ACT 1996
Waste Electrical and Electronic Equipment (WEEE) is taken back free of charge in this store on a one-for-one, like-for-like basis.
Waste batteries including rechargeable batteries (of a type sold here) are taken back free of charge in this store.
You are not obliged to make any purchase when returning old batteries here.
Each local authority must also accept household WEEE and small batteries free of charge at its recycling facilities.
All WEEE and waste batteries must be recycled and should not be placed in your waste disposal or recycling bins.
Make sure you always recycle all your old electrical goods and batteries.”.
FOURTH SCHEDULE
INFORMATION TO BE PROVIDED IN PLANS AND REPORTS IN ACCORDANCE WITH ARTICLE 30
PART 1 Information to be provided in a plan in accordance with the provisions of article 30(2).
Name, address(es), telephone, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.
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:
Name(s) and address(es) of owner(s).
The location of premises at which batteries are placed on the market in the State by the producer.
The projected quantities, where applicable, by weight or, as appropriate, by number of units of batteries that will be placed on the market in the State excluding any batteries that will leave the State prior to being sold to end-users in the relevant period in each of the categories specified in guidance which the Minister may issue from time to time, or an undertaking to comply with the obligation to report, as required or requested, to the “registration body” in accordance with the provisions of article 32.
The projected quantities, where applicable, by weight or, as appropriate, by number of units of waste batteries that will arise from batteries placed on the market in the State excluding any batteries that will leave the State prior to being sold to end-users by the producer in the relevant period in each of the categories specified in guidance which the Minister may issue from time to time.
The names, addresses and permit numbers of proposed authorised waste collectors or, as appropriate, recycling operators to be used for the collection, treatment and recycling of waste batteries during the relevant period.
An undertaking that that only authorised waste collectors who demonstrate competence to comply with regulations made under the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998) will be engaged.
The projected quantities, where applicable, by weight or, as appropriate, by number of units of waste batteries that will be—
- (a) recycled by or on behalf of the producer, 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.
The projected quantities, where applicable, by weight or, as appropriate, by number of units of waste batteries that will be disposed of or consigned for disposal by the producer in each of the categories specified in guidance which the Minister may issue from time to time during the relevant period, and the proposed nature of the disposal operations involved.
PART 2 Information to be provided in a report in accordance with the provisions of article 30(4).
Name, address(es), telephone, electronic mail address and fax number of the registered office of the producer where that producer is a company registered under the Companies Acts, or, the principal place of business of the producer where that producer is any other body corporate or unincorporated body.
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:
Name(s) and address(es) of owner(s).
The location of premises at which batteries are placed on the market in the State by the producer.
The quantities, where applicable, by weight or, as appropriate, by number of units of batteries placed on the market in the State excluding any batteries that left the State prior to being sold to end-users in the relevant period in each of the categories specified in guidance which the Minister may issue from time to time, or demonstrate compliance with the obligation to report, as required or requested, to the “registration body” in accordance with the provisions of article 32.
The quantities, where applicable, by weight or, as appropriate, by number of units of waste batteries arising from batteries placed on the market in the State excluding any batteries that left the State prior to being sold to end-users by the producer in the relevant period in each of the categories specified in guidance which the Minister may issue from time to time.
The names, addresses and permit numbers of authorised waste collectors or, as appropriate, recycling operators used for the collection, treatment and recycling of waste batteries during the relevant period.
A demonstration that each of the authorised waste collectors used for the collection of waste batteries during the relevant period complied with regulations made under the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998).
The quantities, where applicable, by weight or, as appropriate, by number of units of waste batteries—
- (a) recycled by or on behalf of the producer, and
- (b) accepted by recycling operators,
at each treatment facility in the relevant period, in each of the categories specified in guidance which the Minister may issue from time to time
The quantities, where applicable, by weight or, as appropriate, by number of units of waste batteries disposed of or consigned for disposal by the producer in each of the categories specified in guidance which the Minister may issue from time to time during the relevant period, and the nature of the disposal operations involved.
FIFTH SCHEDULE
SYMBOL FOR THE MARKING OF BATTERIES INDICATING SEPARATE COLLECTION IN ACCORDANCE WITH ARTICLE 31
The symbol indicating separate collection for batteries consists of the crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and indelibly and conform to any such standard that may be promoted by the Commission.
SIXTH SCHEDULE
INFORMATION TO BE PROVIDED WHEN APPLYING FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH ARTICLE 42
Information to be provided for the purpose of registration.
Name, address(es), telephone, electronic mail address and fax number of the registered office or, if not a company, the principal place of business, of the distributor.
Name:
Address of Registered Office:
Telephone No.:
Fax No.:
E-mail:
Location(s) of premises at or from which waste batteries are or will be stored.
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
- (a) The register prescribed in paragraph 15 of 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) (Amendment) Regulations 2008 ( S.I. No. 86 of 2008 ) subject to any amendment that may be made to those Regulations from time to time, which shall also be available on request or, as appropriate, for inspection by the local authority or, as appropriate, the Agency, shall also detail—
- (i) The dates, time of collections and quantities of each waste consignment (by European Waste Catalogue code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent amendments) collected from the facility,
- (ii) Names of the carriers, including vehicle registration details in respect of waste collected from the facility, and
- (iii) Origin of waste rejected from the facility.
- (b) The registration holder shall establish the provenance of waste batteries deposited (e.g. deposited on behalf of an approved body, a self complying producer of batteries, a business end user etc.).
- (c) The registration holder shall forward details of the source of waste batteries deposited at a waste facility on behalf of a person (other than an approved body or a self complying producer of batteries or a householder depositing a quantity of waste batteries not exceeding the quantity prescribed in article 21(7)(a)), together with details of the person depositing the waste batteries to the local authorities in the functional area or areas where the—
- (i) waste facility is located,
- (ii) person depositing the waste batteries has his or her place of business and if not a business his or her place of residence, and
- (iii) source of the waste batteries concerned has his or her place of business and if not a business his or her place of residence.
EIGHTH SCHEDULE
INFORMATION TO BE PROVIDED IN APPLICATIONS FOR REGISTRATION CERTIFICATES IN ACCORDANCE WITH ARTICLE 44
An application for a registration certificate shall—
- (a) give the name, address and, where applicable, any telephone number and telefax number of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office,
- (b) give the location or postal address of the facility to which the application relates,
- (c) describe the nature of the facility concerned,
- (d) specify the class or classes of activity concerned, in accordance with the Third and Fifth Schedules of the Act,
- (e) specify the quantity of waste (in tonnes) and nature of the waste or wastes, which will be recycled or disposed of, as the case may be.
- (f) specify the code according to the European Waste List (Decision 2001/118) or subsequent amendments,
- (g) identify monitoring and sampling points and indicate proposed arrangements for the monitoring of emissions and the environmental consequences of any such emissions,
- (h) describe any proposed arrangements for the off-site treatment or disposal of wastes,
- (i) describe the existing or proposed measures, including emergency procedures, to prevent unauthorised or unexpected emissions and minimise the impact on the environment of any such emissions,
- (j) describe the expected lifetime of the facility or activity
- (k) planning permission number (if applicable),
- (l) details of any proposed on-site traffic management system and the control procedures to be adopted to ensure the orderly movement of vehicles without creation of unreasonable nuisance and without detriment to the environment.
GIVEN under my Official Seal,
16 July 2008
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are designed to promote the recycling of waste batteries. They will facilitate in particular the achievement of the targets for the collection, treatment, recycling and disposal of waste batteries in an environmentally sound manner established by European Parliament and Council Directive 2006/66/EC on batteries and waste batteries and repealing Directive 91/157/EEC.
The Regulations impose obligations on persons who supply batteries to the Irish market, whether as retailers, importers or manufacturers. An exemption from these obligations is available to persons who participate in a scheme for the collection, treatment, recycling and disposal of waste batteries in an environmentally sound manner operated by an approved body.
Footnotes
O.J. No. L266, 26.9.2006, p.1 as amended by corrigendum (O.J. No L311, 10.11.2006, p. 58).
O.J. No. L78, 26.3.1991, p. 38 as amended by Commission Directive 98/101/EC (O.J. No L1, 5.1.1999, p.1).
O.J. No. L114, 27.4.2006, p.9.
O.J. No. L377, 31.12.1991, p. 20 as last amended by European Parliament and Council Regulation (EC) 166/2006 of 18 January 2006 (O.J. No L33, 4.2.2006, p.1).
O.J. No. L37, 13.2.2003, p. 24 as amended by European Parliament and Council Directive 2003/108/EC of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (O.J. No. L345, 31.12.2003, p. 106).
O.J. No. L144, 4.6.1997, p. 19 as last amended by Directive 2005/29/EC (O.J. No. L149, 11.6.2005, p. 22).
O.J. No. L144, 4.6.1997, p. 19 as last amended by Directive 2005/29/EC (O.J. No. L149, 11.6.2005, p. 22).
O.J. No. L269, 21.10.2000, p. 34 as last amended by Council Decision 2005/673/EC (O.J. No. L254, 30.9.2005, p. 69).
O.J. No. L 190, 12.7.2006, p 1 as last amended by Commission Regulation (EC) No 1379/2007 (O.J. No. L 309, 27.11.2007, p 7).
O.J. No. L166, 1.7.1999, p. 6 as last amended by Commission Regulation (EC) No 105/2005 (O.J. L 20, 22.1.2005, p. 9).
O.J. No. L 316, 4.12.2007, p 6.
O.J. No. L114, 24.4.2001, p. 1 as last amended by Commission Regulation (EC) No. 196/2006 (O.J. No. L32, 4.2.2006, p. 4.
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