WEEE REGISTER SOCIETY
Frequently Asked Questions
Battery Directive
The Directive applies to all batteries and accumulators placed on the Community market. In line with Article 2(3) of the WEEE Directive, batteries and accumulators used in equipment connected with the protection of the essential security interests of the Member States are excluded from the scope of this Directive. Equipment designed to be sent into space is also excluded from the scope of the Directive.
Why does the Directive 2006/66/EC apply to all batteries and not just to hazardous ones?
Directive 2006/66/EC applies to all batteries because:
- all batteries contain substances which are more or less harmful to the environment;
- experience with the previous Directive (91/157/EEC) on hazardous batteries (batteries containing mercury, cadmium or lead) showed that 'all battery' collection schemes are more efficient than separate schemes for certain types of portable batteries;
- all batteries contain metals which are recyclable, so the collection and recycling of all batteries help save resources in conformity with Article 174 of the EC Treaty.
What is the objective of the Batteries Directive?
The objective of the Directive is twofold:
- To contribute to a high level of environmental protection.
- To contribute to the proper functioning of the internal market.
Do I need to register in Ireland?
According to the Statutory Instruments S.I. No. 268 of 2008 Waste Management (Batteries and Accumulators) regulations 2008 you need to register if you are considered a producer of Batteries and/or Accumulators.
A Battery "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, 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.
"Places on the market for the first time means supplying or making available to a third person on a professional bases within the EU for the first time. This is irrespective of whether a battery or appliance containing a battery has been made available in return for payment or free of charge."
If you are considered a producer you will need to apply for registration with WEEE Register Society Ltd. Please download the Application Form from the REGISTRATION section of WEEE Register Society Ltd. website; www.weeeregsiter.ie.
A Battery "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, 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.
"Places on the market for the first time means supplying or making available to a third person on a professional bases within the EU for the first time. This is irrespective of whether a battery or appliance containing a battery has been made available in return for payment or free of charge."
If you are considered a producer you will need to apply for registration with WEEE Register Society Ltd. Please download the Application Form from the REGISTRATION section of WEEE Register Society Ltd. website; www.weeeregsiter.ie.
Who is the "battery producer"? examples
- A battery manufacturer or a domestic importer sells batteries to a retailer who in turn sells them to end-users in the same Member State.
In this case, the battery manufacturer or the domestic importer is the producer in that Member State, as they are the ones placing the batteries on the market for the first time.
- A retailer sells batteries in a Member State; the batteries were bought outside that Member State. A retailer sells batteries to end-users in a given Member State, which he bought in another country.
In this case, as the retailer is placing these batteries on the market for the first time in the given Member State, the retailer is the producer.
- An equipment/car manufacturer buys batteries within a Member State; these batteries are then sold together with the equipment/car in the same Member State
A battery manufacturer or domestic importer in a Member State sells batteries to an equipment or car manufacturer in the same Member State who will then put the battery into equipment or a car and sell it on the market of this Member State. In this case, the battery manufacturer or domestic importer is the producer in this Member State as they are placing the batteries on the market for the first time.
- A car/equipment manufacturer buys batteries outside a Member State, then incorporates them into equipment/a car and sells this in the Member State. The car/equipment manufacturer or domestic importer sells cars/equipment in a given Member State with batteries incorporated. The batteries for the car/equipment were bought outside this Member State.
Since in this case it is the equipment or car manufacturer or domestic importer who places these batteries on the market of the Member State for the first time, they are the battery producers in this Member State.
- A company imports batteries from a non-EU parent company for its independent subsidiary located in a Member State.
In this case the independent European subsidiary is the producer, as it is the subsidiary, which places the batteries on the market in that Member State.
In this case, the battery manufacturer or the domestic importer is the producer in that Member State, as they are the ones placing the batteries on the market for the first time.
- A retailer sells batteries in a Member State; the batteries were bought outside that Member State. A retailer sells batteries to end-users in a given Member State, which he bought in another country.
In this case, as the retailer is placing these batteries on the market for the first time in the given Member State, the retailer is the producer.
- An equipment/car manufacturer buys batteries within a Member State; these batteries are then sold together with the equipment/car in the same Member State
A battery manufacturer or domestic importer in a Member State sells batteries to an equipment or car manufacturer in the same Member State who will then put the battery into equipment or a car and sell it on the market of this Member State. In this case, the battery manufacturer or domestic importer is the producer in this Member State as they are placing the batteries on the market for the first time.
- A car/equipment manufacturer buys batteries outside a Member State, then incorporates them into equipment/a car and sells this in the Member State. The car/equipment manufacturer or domestic importer sells cars/equipment in a given Member State with batteries incorporated. The batteries for the car/equipment were bought outside this Member State.
Since in this case it is the equipment or car manufacturer or domestic importer who places these batteries on the market of the Member State for the first time, they are the battery producers in this Member State.
- A company imports batteries from a non-EU parent company for its independent subsidiary located in a Member State.
In this case the independent European subsidiary is the producer, as it is the subsidiary, which places the batteries on the market in that Member State.
Renewal of registration and fees for WEEE Register Society Ltd.?
For application for registration or renewal of registration, as a producer you:
(a) should have applied for registration to the registration body no later than 19th September 2008 or the date of commencement of business, whichever is the later, AND
(b) need to apply for renewal of registration to the registration body no later than 31st January in each year following initial registration for the relevant calendar year!
Registration with WEEE Register Society Ltd. is annual and needs to be renewed by the 31st January of each new year.
Committee of Management of WEEE Register Society Ltd. will set the registration fees for producers of Batteries and Accumulators and these may be reviewed from time to time.
(a) should have applied for registration to the registration body no later than 19th September 2008 or the date of commencement of business, whichever is the later, AND
(b) need to apply for renewal of registration to the registration body no later than 31st January in each year following initial registration for the relevant calendar year!
Registration with WEEE Register Society Ltd. is annual and needs to be renewed by the 31st January of each new year.
Committee of Management of WEEE Register Society Ltd. will set the registration fees for producers of Batteries and Accumulators and these may be reviewed from time to time.
Are any exemptions from the Battery - Directive?
Prohibition
Article 5 states;
Subject to article 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 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 x 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
Article 6 states;
(1) The prohibition in-
(a) article 5(a) shall not apply in respect of button cells with a mercury content of no more than 2% by weight
(b) article 5(a)(ii) shall not apply to portable batteries intended for use in;
(a) emergency & alarm systems, incl. emergency lighting,
(b) medical equipment or
(c) cordless power tools
Also, prohibitions shall not apply in respect of batteries and/or accumulators placed on the market prior 26th September 2008 in compliance with previous Battery Directive 91/ 157/EEC of 18th March 1991
(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.
Article 34 outlines further exemptions from certain requirements.
Articles 23(1), 23(3), 23(4), 23(5), 23(6), 23(7), 23(8), 25(b), 27, 28 and 30 provided producer is participating satisfactorily in an approved collective compliance scheme and holds a valid certificate from an approved body.
Article 5 states;
Subject to article 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 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 x 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
Article 6 states;
(1) The prohibition in-
(a) article 5(a) shall not apply in respect of button cells with a mercury content of no more than 2% by weight
(b) article 5(a)(ii) shall not apply to portable batteries intended for use in;
(a) emergency & alarm systems, incl. emergency lighting,
(b) medical equipment or
(c) cordless power tools
Also, prohibitions shall not apply in respect of batteries and/or accumulators placed on the market prior 26th September 2008 in compliance with previous Battery Directive 91/ 157/EEC of 18th March 1991
(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.
Article 34 outlines further exemptions from certain requirements.
Articles 23(1), 23(3), 23(4), 23(5), 23(6), 23(7), 23(8), 25(b), 27, 28 and 30 provided producer is participating satisfactorily in an approved collective compliance scheme and holds a valid certificate from an approved body.
Financing waste Batteries.
Article 23(1); on and from 26th September 2008 each producer shall ensure that he or a third party acting on his behalf finances any net costs arising from;
- collection, storage, treatment and recovery and/or disposal of waste batteries/accumulators included those incorporated in EEE and/or battery packs deposited at collection points and civic amenity facilities regardless on when placed on a market and their chemical composition
- collection from the end users and environmentally sound management of waste industrial batteries relating to his products regardless on when placed on a market and their chemical composition
- any public information campaign on collection, storage, treatment and recycling of waste portable batteries in proportion to the quantity of portable batteries placed on a market in the State by him, excluding any portable batteries that left the State prior to being sold to the end users.
Do retailers have a role to play?
Yes, from 26th September 2008, each retailer must
provide for free in-store take back of waste batteries of equivalent type as
the batteries supplied by him or her without the obligation on the customer to
purchase like-for-like.
Where can I obtain a box for waste Batteries?
Waste battery collection boxes can be obtained from the local County Councils or the box Compliance Schemes in the following area;
- ERP Ireland for Cavan, Clare, Fingal, Kerry, Limerick, Meath, Monaghan
- WEEE Ireland for all other areas
What information is to be provided for the renewal 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 producer.
- Location(s) of premises at or from which Batteries &/or Accumulators is or will be supplied by the producer.
- The quantities, by weight or, as appropriate, by number of units and chemistry, of batteries that were placed on the market in the State excluding any batteries that left the State prior to being sold to end-users in the calendar year prior to the date of application for renewal in each of the categories specified in guidance which the Minister may issue from time to time.
What is the WEEE Blackbox?
WEEE Register Society Ltd. has appointed Deloitte to manage and operate the WEEE Blackbox function on its behalf. The information gathered will be used to establish producers' financial liabilities associated with the management of a proportion of the Waste Batteries & Accumulators arising in Ireland.
The proportion of Waste Batteries & Accumulators management for which individual producers are responsible, will then be reported on a confidential basis to each producer, whether they are participating as part of collective compliance scheme or have opted to self-comply.
The role of the Blackbox includes:
Producers should note that the WEEE Blackbox is statute-barred from informing any third party, including the collective schemes and the Executive and Committee of Management of WEEE Register Society Ltd. itself of market share information. The contractor will not handle monies arising from registration fees or recycling monies paid by producers.
Measures taken to ensure the security and confidentiality of data submitted to the WEEE Blackbox:
A highly secure approach to computer and network security is employed, based on the following premise: "that which is not explicitly allowed is denied".
Rigorous controls are employed for access of any type to the system, incorporating the use of strong passwords, secure sockets layer technology and database encryption.
The proportion of Waste Batteries & Accumulators management for which individual producers are responsible, will then be reported on a confidential basis to each producer, whether they are participating as part of collective compliance scheme or have opted to self-comply.
The role of the Blackbox includes:
- Receipt and processing of data on market share from registered producers;
- Determination of market share based on battery type, producer and/or other criteria e.g., consortia or collective compliance scheme;
- Advising WEEE Register Society Ltd. on the validation of environmental management costs (costs of collection, treatment, recycling and disposal of waste batteries &/or accumulators);
- Advising WEEE Register Society Ltd. on the adequacy of financial guarantees;
- Providing management reports for WEEE Register Society Ltd.
Producers should note that the WEEE Blackbox is statute-barred from informing any third party, including the collective schemes and the Executive and Committee of Management of WEEE Register Society Ltd. itself of market share information. The contractor will not handle monies arising from registration fees or recycling monies paid by producers.
Measures taken to ensure the security and confidentiality of data submitted to the WEEE Blackbox:
A highly secure approach to computer and network security is employed, based on the following premise: "that which is not explicitly allowed is denied".
Rigorous controls are employed for access of any type to the system, incorporating the use of strong passwords, secure sockets layer technology and database encryption.
When am I fully Battery compliant for Ireland?
The following steps must be completed in order to achieve full Battery compliance and in turn receive certification from WEEE Register Society Ltd.:
- Registration with WEEE Register Society Ltd. to obtain a unique registration number. This number must be shown on all invoice, credit note, dispatch and delivery dockets issued from 26th September 2008.
- Producers need to apply annually by the 31st January.
- Provide WEEE Blackbox with the requested data input.
- Registration with an approved compliance scheme (ERP Ireland or WEEE Ireland) or be self compliant. Producers participating satisfactorily in an approved compliance scheme are exempted from the provisions of some of the articles listed below.
- All producers are required to comply with to the requirements of Articles 23, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of the Waste Management (Waste Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008).
- Register with WEEE Register Society Ltd. in Ireland, pay the appropriate registration fee (Article 17) and provide information to WEEE Register Society Ltd. (Article 32).
- Finance the take back of waste batteries (Article 23 and 24).
- Be responsible for the collection of waste batteries (Article 25).
- Adhere to the obligations for the treatment requirements of waste batteries (Article 27).
- Maintain and keep records of all treatment and recovery data, including specific weights or number of units, for a period of at least 6 years (Article 29).
- Self-complying producers must prepare a waste management plan and provide it to the EPA, at least once every three years (Article 30).
- Self-complying producers must prepare a waste management report and provide it to the EPA by 31st January each year.
- Producers are also obligated to mark their product with the appropriate marking identifying that the producer of the battery and/or accumulator has registered with the National Registration Body in accordance with their terms and conditions (Article 31 & Second Schedule).
Is there a penalty for non compliance?
Article 48 of the Battery and Accumulator Regulations S.I. No. 268 of 2008 outlines possible prosecutions and penalties, where convicted on indictment, a fine to a maximum of €500,000, or imprisonment for a term not exceeding 3 years, or both.
Do I have to register in every EU country?
Registration takes place at individual Member State level. No single organisation can provide effective European-wide compliance. Therefore it is still necessary to register in every country.
What information is needed for WEEE Blackbox submission and what is its purpose?
All Battery producers must submit the following details:
This monthly information will be submitted through a specifically designed website managed by the WEEE Blackbox. Webaddress: https://www.weeeblackbox.ie. All producers will on completing the registration process receive a username and password by email and/or post to access a personal data input form. All monthly data must be submitted before or on the 19th of each month. A highly secure approach to computer and network security is employed.
The purpose of the data input is to determine the financial liability by market share of individual Producers.
- Monthly Turnover: input of any Batteries and/or Accumulators placed on the Irish market. The data required is per weight and chemistry of Batteries and/or Accumulators per category and subcategory put onto the State Market
This monthly information will be submitted through a specifically designed website managed by the WEEE Blackbox. Webaddress: https://www.weeeblackbox.ie. All producers will on completing the registration process receive a username and password by email and/or post to access a personal data input form. All monthly data must be submitted before or on the 19th of each month. A highly secure approach to computer and network security is employed.
The purpose of the data input is to determine the financial liability by market share of individual Producers.
List of useful definitions
"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 contracts7, 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;
"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;
"distributor" means any person who provides batteries, or as appropriate, accumulators on a professional basis to an end-user
"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 contracts5 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;
"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 (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);
"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;
"automotive battery or accumulator" means any battery or accumulator used for automotive starter, lighting or ignition power;
“industrial battery or accumulator" means any battery or accumulator designed for exclusively industrial or professional uses or used in any type of electric vehicle;
"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;
"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;
"civic amenity facility" means a purpose-designed 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;
"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;
State on a professional basis;
"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;
"distributor" means any person who provides batteries, or as appropriate, accumulators on a professional basis to an end-user
"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 contracts5 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;
"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 (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);
"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;
"automotive battery or accumulator" means any battery or accumulator used for automotive starter, lighting or ignition power;
“industrial battery or accumulator" means any battery or accumulator designed for exclusively industrial or professional uses or used in any type of electric vehicle;
"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;
"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;
"civic amenity facility" means a purpose-designed 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;
"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;
Battery Product marking, what and by when?
On and from 26th September 2008 each producer shall ensure that as per Article 31 of S.I. No. 268 of 2008, 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 with:–
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 x 0.5 cm, the battery or as appropriate battery pack need not be marked, and the symbol shown in the Fifth Schedule shall be printed on the packaging and shall measure at least 1 x 1 cm.
Crossed-out wheeled bin symbol as per the Fifth Scheule.
You can buy the standard -ISEN50419- from the –
NSAI Standards Sales Office
Tel: 01 8073868
Glasnevin, Dublin 9.
Open from 10am to 1pm and 2pm to 4pm. or call Tel: 01 8576730
To buy on line go to www.standards.ie
- Hardcopy €22 (from stock for sameday despatch)
- Electronic (PDF) €22
- crossed-out wheeled bin as per the Fifth Schedule, which shall cover at least;
- 3% of the area of the largest side of any battery, or as appropriate, battery pack, but excluding any cylindrical cell, or
- 1.5% of the surface area of any cylindrical cell
- Batteries and/or Accumulators containing more than the following chemical percentage, should have the associated chemical symbol printed beneath the crossed-out wheeled bin as per the Fifth Schedule, and shall cover an area of at least one quarter the size of that symbol;
- 0.0005% mercury with the chemical symbol Hg,
- 0.002% cadmium with the chemical symbol Cd or, as appropriate,
- 0.004% lead with the chemical symbol Pb
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 x 0.5 cm, the battery or as appropriate battery pack need not be marked, and the symbol shown in the Fifth Schedule shall be printed on the packaging and shall measure at least 1 x 1 cm.
Crossed-out wheeled bin symbol as per the Fifth Scheule.
You can buy the standard -ISEN50419- from the –
NSAI Standards Sales Office
Tel: 01 8073868
Glasnevin, Dublin 9.
Open from 10am to 1pm and 2pm to 4pm. or call Tel: 01 8576730
To buy on line go to www.standards.ie
- Hardcopy €22 (from stock for sameday despatch)
- Electronic (PDF) €22
What is a compliance scheme and what is its role?
A compliance scheme is a non profit organisation that will take care of the collection, treatment and recycling of waste batteries and accumulators in Ireland on behalf of its producer members. The compliance scheme will then invoice the producer for his/her proportion of waste batteries collected in Ireland.
At present, there are two approved compliance schemes in Ireland: ERP Ireland (European Recycling Platform) and WEEE Ireland.
At present, there are two approved compliance schemes in Ireland: ERP Ireland (European Recycling Platform) and WEEE Ireland.
Who has to join a compliance scheme?
Battery producers have the option of delegating their responsibilities to one of the two approved compliance schemes or can be self compliant.
How will I be charged by my compliance scheme?
Compliance schemes will charge based on the reported weight of Batteries submitted to the WEEE Blackbox. Producers should check with their compliance scheme for specific information related to charges.
What do I need to be self-compliant?
Once you have established that you are a producer, the following needs to be achieved for compliance:
- Registration with WEEE Register Society Ltd. to obtain a unique registration number. This number must be shown on all invoice, credit note, dispatch and delivery dockets issued from 26th September 2008. Provide the WEEE Blackbox with the requested data input. A producer will need to apply for renewal of registration annually as in Articles 18.
- All producers are required to comply with to the requirements of Articles 23, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of the Waste Management (Waste Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008).
- Register with WEEE Register Society Ltd, in Ireland, pay the appropriate registration fee (Article 17) and provide information to the WEEE Register Society Ltd (Article 32).
- Finance the take back of waste batteries (Article 23 and 24).
- Be responsible for the collection of waste batteries (Article 25).
- Adhere to the obligations for the treatment requirements of waste batteries (Article 27).
- Maintain and keep records of all treatment and recovery data, including specific weights or number of units and chemistry, for a period of at least 6 years (Article 29).
- Prepare a waste management plan and provide it to the EPA, at least once every three years (Article 30).
- Prepare a waste management report and provide it to the EPA by 31st January each year.
- Producers are also obligated to mark their product with the appropriate marking identifying that the producer of the battery and/or accumulator has registered with the National Registration Body in accordance with their terms and conditions (Article 31 & Second Schedule).
Are there any exemptions from the Battery - Directive?
Prohibition
Article 5 states;
Subject to article 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—
Exemptions
Article 6 states;
(1) The prohibition in-
(a) article 5(a) shall not apply in respect of button cells with a mercury content of no more than 2% by weight
(b) article 5(a)(ii) shall not apply to portable batteries intended for use in;
(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.
Article 34 outlines further exemptions from certain requirements.
Articles 23(1), 23(3), 23(4), 23(5), 23(6), 23(7), 23(8), 25(b), 27, 28 and 30 provided producer is participating satisfactorily in an approved collective compliance scheme and holds a valid certificate from an approved body.
Article 5 states;
Subject to article 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—
- all batteries that contain more than 0.0005% of mercury by weight ,
- portable batteries that contain more than 0.002% of cadmium by weight or, as appropriate,
- any battery or, as appropriate, battery pack—
- that is not marked in accordance with the provisions of articles 31(1)(a) and 31(2) or, as appropriate,
- whose size is such that the symbol shown in the Fifth Schedule would be smaller than 0.5 x 0.5 cm and whose packaging is not marked in accordance with the provisions of articles 31(2) and 31(3) or, as appropriate,
Exemptions
Article 6 states;
(1) The prohibition in-
(a) article 5(a) shall not apply in respect of button cells with a mercury content of no more than 2% by weight
(b) article 5(a)(ii) shall not apply to portable batteries intended for use in;
- emergency & alarm systems, incl. emergency lighting ,
- medical equipment or
- 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.
Article 34 outlines further exemptions from certain requirements.
Articles 23(1), 23(3), 23(4), 23(5), 23(6), 23(7), 23(8), 25(b), 27, 28 and 30 provided producer is participating satisfactorily in an approved collective compliance scheme and holds a valid certificate from an approved body.
Am I considered a distance seller?
"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 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.
What are my Responsibilities as a Distance Seller?
Each producer or distributor who supplies Batteries and accumulators by means of distance communication (i.e. over the internet, telesales, mail order etc.) has to;
- register with the National Registration Body, as per the requirements of Article 17,
- notify the Registration Body that he/she supplies Batteries via distance communication,
- and provide information when requested to do so by the Registration Body or the relevant enforcement agency, demonstrating he/she has complied with his/her obligations in accordance with the provisions of Article 23 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 EU where the end-users of the waste batteries reside, provided that such end-users 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.
WEEE Register Society Ltd, The National Registration Body
Suite 509, 8 Dawson Street, Dublin 2
Tel: +353 (0)1-6333551
Fax: +353 (0)1-6333552
Email: info@weeeregister.ie