EUROPEAN UNION (BATTERIES AND ACCUMULATORS) REGULATIONS 2014
Source: Iris Oifigiúl 2014-06-20

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paragraphs: These Regulations may be cited as the European Union (Batteries and Accumulators) Regulations 2014.
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paragraphs: The purposes for which these Regulations are made include—
(a) the purpose of giving effect to the provisions of European Parliament and Council Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as amended by European Parliament and Council Directive 2008/103/EC and Commission Decision 2009/603/EC and having regard to the environmental impact of transport, to take necessary measures to maximise the separate collection of waste batteries and accumulators and to minimise the disposal of batteries and accumulators as mixed municipal waste in order to achieve a high level of recycling for all waste batteries and accumulators,
(b) ensuring that batteries or accumulators—
(i) that do not meet the requirements of the Directive are not placed on the market on and from 26 September 2008 onwards or, as appropriate,
(ii) placed on the market on and from 26 September 2008 onwards that do not meet the requirements of the Directive are withdrawn from it,
(c) exempting collection points in receipt of waste portable batteries and accumulators from the registration or permit requirements of Directive 2006/12/EC4 or Council Directive 91/689/EEC of 12 December 1991 on hazardous waste5 , and
(d) enabling the submission of National Implementation Reports, concerning measures taken to encourage developments affecting the impact of batteries and accumulators on the environment, in particular—
(i) developments, including voluntary steps taken by producers, reducing quantities of heavy metals and other hazardous substances contained in batteries and accumulators,
(ii) new recycling and treatment techniques,
(iii) economic operators’ participation in environmental management schemes, and
(iv) measures taken to promote waste prevention, every three years in accordance with the provisions of Article 22 of the Directive.
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paragraphs: (1) In these Regulations, save where the context otherwise requires—
(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;
(i) any civic amenity facility,
(ii) any premises where batteries or, as appropriate, accumulators are stored following acceptance in accordance with the provisions of regulation 21(2),
(iii) any premises where batteries or, as appropriate, accumulators are stored prior to their distribution, including any 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;
(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;
(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,
(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;
(2) 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,
(h) waste industrial battery that is not otherwise identified is a reference to a waste industrial battery or, as appropriate, waste industrial accumulator,
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paragraphs: (1) These Regulations, save where the context otherwise requires, shall apply—
(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 Vehicles10 , and
(ii)2002/96/EC11 of 27 January 2003 on Waste Electrical and Electronic Equipment.
(2) Without prejudice to sub-regulation (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.
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paragraphs: Subject to regulation 6, on and from—
(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 regulations 31(1)(a) and 31(2) or, as appropriate,