(2)of the Directive, and any conditions that the Minister may apply in approving the registration body in accordance with the provisions of regulation 13.

(3)Without prejudice to sub-regulation

(2)the registration body may, where appropriate, procure the services of a— (

1. a)person or persons, (
2. b)association or associations or, as appropriate, (
3. c)body corporate or bodies corporate, to undertake any or all of the functions allotted to it. Powers of the Registration Body 16.

(1)In carrying out its functions, the registration body or, as appropriate, a third party acting on its behalf shall be empowered to— (

1. a)determine applications for registration and to issue approvals or refusals in accordance with the provisions of regulation 19, (
2. b)issue a certificate to each producer confirming the producer’s valid registration number; (
3. c)obtain a statement from the external auditors of any producer relating to financial information or, as appropriate, examine the records of any producer relating to— (
4. i)the quantities, by weight or, as appropriate, by number of units, of waste batteries arising from batteries placed on the market in the State by a producer excluding any batteries that left the State prior to being sold to end-users, and (
5. ii)market data including the quantities, by weight or, as appropriate, by number of units, of batteries placed on the market in the State by a producer, (
6. d)receive registration fees and make administrative charges to provide for the effective carrying out of its functions, and (
7. e)set the level of the registration fees which it may review from time to time and inform the Minister of the methodology of the cost calculation of said fees.

(2)Without prejudice to sub-regulation

(1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in sub-regulation

(1)(c) shall transfer to the third party concerned.

(3)Without prejudice to sub-regulation

(2), a third party empowered to determine the total quantity of collected waste batteries attributable to each individual producer, including the members of any approved body established in accordance with the provisions of Part V of these Regulations, shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form— (

1. a)concerning the quantity of collected waste batteries attributable to or, as appropriate, (
2. b)that may be used to identify or, as appropriate, calculate the market share of, any individual producer other than to the individual producer concerned. Obligation of Producers to register with the Registration Body 17.

(1)On and from— (a)19 September 2008, each producer who places batteries on the market shall be obliged to— (

1. i)be registered with the registration body and declare to it or, as appropriate, a third party acting on its behalf that any battery that he or she has placed or will place on the market is marked in accordance with the provisions of regulation 31, and (
2. ii)pay the fees as may be determined by the registration body or, as appropriate, a third party acting on its behalf, and (b)26 September 2008, each producer that has placed or is about to place batteries on the market shall be obliged to display the registration number issued to him or her in accordance with the provisions of regulation 19 on any invoice, credit note, dispatch and delivery docket issued to a distributor by him or her.

(2)A producer who— (a) fails to comply with any of the provisions of sub-regulation

(1)or, (b) who is deemed not to be registered in accordance with regulation 19

(2), shall be prohibited from placing batteries on the market in the State.

(3)Any person or persons not in possession of a valid registration number in accordance with the provisions of regulation 19 shall not display any registration number issued by the registration body on any invoice, credit note, dispatch and delivery docket, website or at any place.

(4)Any person organising a trade show, exhibition or, as appropriate, any event where batteries are being distributed shall ensure that any distributor or, as appropriate, producer, distributing batteries at the trade show, exhibition or, as appropriate, event concerned— (a) is compliant with the provisions of regulation 42, and (b) who is required to comply with the provisions of sub-regulation

(1)is in possession of a valid registration number in accordance with the provisions of regulation 19.

(5)Notwithstanding sub-regulation

(4), any person organising a trade show, exhibition or, as appropriate, any event who fails to ensure that a producer placing batteries on the market in the State at the trade show, exhibition or, as appropriate, event concerned is in possession of a valid registration number in accordance with the provisions of regulation 19 shall be obliged to_ (

1. a)register each non-registered producer concerned with the registration body in accordance with the provisions of regulation 17, (
2. b)arrange for the environmentally sound management of waste batteries in accordance with the provisions of regulations 23 and 27, (
3. c)achieve the collection and recycling targets prescribed in regulations 23 and 28, and (
4. d)prepare and submit waste management plans and reports in accordance with the provisions of regulation 30. Application for registration 18.

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

(2)An application for registration in accordance with the provisions of sub-regulation

(1)shall be made in writing or, where appropriate, electronically, shall be in compliance with the procedural requirements for registration in each Member State established in accordance with Commission Decision 2009/603/EC, shall contain the information set out in Part 1 of Schedule 1 and may contain the information set out in Part 2 of Schedule 1.

(3)An application for registration in accordance with the provisions of sub-regulation

(1)shall be accompanied by the registration fee determined by the registration body.

(4)A producer shall notify the registration body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for registration, no later than one calendar month of such change.

(5)Without prejudice to sub-regulation

(1), an application for registration to the registration body or, as appropriate, a third party acting on its behalf may be made by an approved body established in accordance with the provisions of Part V of these Regulations on behalf of any producer in respect of which a certificate for the purposes of article 34 has been granted.

(6)Without prejudice to sub-regulations

(1)and

(2), the Minister from time to time may issue guidance to the registration body concerning the processing of information by the registration body under Part III. Certification of producers 19.

(1)Without prejudice to sub-regulation

(3), a producer— (

1. a)who makes an application, or (
2. b)on whose behalf an application has been made, in accordance with the provisions of regulation 18 shall be registered by the registration body provided that the requirements of regulations 17 and 18 are complied with.

(2)Without prejudice to sub-regulation

(1), a producer shall not be deemed to be registered until a registration number has issued by the registration body or, as appropriate, a third party acting on its behalf.

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

1. a)six weeks of the date of receipt of an application for registration, or (
2. b)two weeks after the date of receipt of further information or particulars requested by the registration body in connection with such an application, whichever is the later.

(4)A producer shall be required by the registration body to supply information indicating how it continues to meet its environmental responsibilities on an annual basis.

(5)Information provided in accordance with the provisions of sub-regulation

(4)shall be made in writing or, where appropriate, electronically and shall include confirmation that the information included in Schedule 1 remains correct and shall also include confirmation that the producer has:_ (

1. a)achieved the targets specified in regulations 23 and 28, (
2. b)maintained satisfactory records in accordance with the provisions of regulation 29, (
3. c)provided the information specified in this regulation and regulations 30, 31 and 32.

(6)The registration body may charge an administration fee for the processing of the information provided under this regulation.

(7)A producer shall deregister by informing the registration body in writing that it has ceased to be a producer.

(8)The information for the purposes of sub-regulation

(7)shall indicate how the producer has met its environmental responsibilities up until the last date on which it has placed batteries on the market. Distance Sellers 20.

(1)Where a producer or, as appropriate, a distributor supplies batteries by means of distance communication he or she shall— (a) register in accordance with the provisions of regulation 17 and on request provide the information contained in regulation 19

(5), (

1. b)notify the registration body or, as appropriate, a third party acting on its behalf at the time of registration that he or she supplies batteries by means of distance communication and confirm that all such batteries placed on the market comply with the requirements of these Regulations, (
2. c)upon a request from the— (
3. i)registration body or, as appropriate, a third party acting on its behalf, (
4. ii)local authority in the functional area where the registered office, or, if not a company, the principal place of business of the producer is located or, as appropriate, (iii) Agency, undertake to provide it with information that demonstrates to its satisfaction, he or she has complied with his or her obligations in accordance with the provisions of Article 16 of the Directive to provide financing for the environmentally sound management of waste batteries deposited by customers of the distance seller concerned at collection points in any of the Member States of the European Union where the end-users of the waste batteries reside provided that such endusers did not place on the market for the first time within the territory of any Member State concerned on a professional basis the batteries involved.

(2)For the avoidance of doubt, it is hereby declared that a portable battery distributed by means of distance communication to an end-user outside the State shall be regarded as having left the State prior to being sold to the end-user concerned. PART IV MANAGEMENT OF WASTE BATTERIES Distributor responsibility 21.

(1)On and from 26 September 2008, each distributor of batteries shall— (

1. a)be prohibited from distributing batteries— (
2. i)placed on the market in the State by a producer, or (
3. ii)supplied to him or her by any person who supplies batteries placed on the market in the State by a producer who is not in possession of a valid registration number in accordance with the provisions of regulation 19 and, as appropriate, does not display the registration number issued to said producer in accordance with the provisions of regulation 19 on any invoice, credit note, dispatch or delivery docket in respect of batteries supplied to the distributor concerned, (
4. b)not refuse to accept, free of charge, return of waste batteries regardless of their chemical composition, or as appropriate origin being returned to that distributor where the waste batteries are of equivalent type as batteries supplied by that distributor. (
5. c)ensure that all waste batteries that are returned are transported and stored in accordance with sections 34 and 39 of the Act.

(2)Distributors shall fulfil the obligation in sub-regulation

(1)(b)(

1. i)in instances where by— (
2. a)providing conveniently located appropriate facilities for the collection of waste batteries, and (
3. b)accepting a waste battery at all reasonable times at any or every place of business from which he or she distributes batteries whether or not the person depositing a waste battery purchases any product or products from the distributor concerned.

(3)Without prejudice to sub-regulation

(2), distributors, their servants or agents shall be prohibited from offering orally or in written form any reduction or discount on the retail price for any portable battery for the purposes of avoiding his or her obligation in sub-regulation

(1)(b)(i).

(4)Without prejudice to sub-regulation

(2), where a producer or, as appropriate, a distributor supplies batteries by means of distance communication to end-users he or she shall— (

1. a)place a visible and legible notice at each point— (
2. i)on his or her website or, as appropriate, (
3. ii)in each of his or her catalogues, brochures or, as appropriate, mail-shots, where batteries being distributed are displayed indicating that he or she will take back waste batteries free of charge provided any waste battery that is returned is of equivalent type as the batteries supplied by him or her together with details of any or every place of business in the State from which he or she distributes batteries or, as appropriate, an address in the State where he or she takes back waste batteries, (
4. b)notify final end-users when distributing any battery by voice telephony services, including telesales and telemarketing, that he or she will take back waste batteries free of charge as long any waste battery is of equivalent type as the batteries supplied by him or her together with details of any or every place of business in the State from which he or she distributes batteries or, as appropriate, an address in the State where he or she takes back waste batteries, and (
5. c)Without prejudice to paragraphs (
6. a)and (b), a producer or, as appropriate, a distributor who supplies any battery by means of distance communication shall accept waste batteries by accepting them at all reasonable times at— (
7. i)any place of business in the State from which he or she distributes batteries or, as appropriate, (
8. ii)an address in the State, occupied by the producer or, as appropriate, the distributor concerned or by any of his or her servants or agents.

(5)Notwithstanding sub-regulation

(1)(a), any distributor who distributes any battery placed on the market in the State by a producer who is not in possession of a valid registration number in accordance with the provisions of regulation 19 shall be obliged to— (

1. a)register with the registration body in accordance with the provisions of regulation 17, (
2. b)arrange for the environmentally sound management of waste batteries in accordance with the provisions of regulations 23 and 27, and (
3. c)achieve the collection and recycling targets prescribed in regulations 23 and 28, and (
4. d)prepare and submit waste management plans and reports in accordance with the provisions of regulation 30.

(6)Without prejudice to sub-regulation

(4), the Minister from time to time may issue guidance concerning the placing of notices on websites or the notification of final end-users.

(7)Notwithstanding sub-regulation

(2)a distributor shall not be obligated to accept— (

1. a)waste portable batteries that exceed a total of five kilogrammes (Kg) in weight from any one person at any one time or, as appropriate, (
2. b)any waste portable battery leaking any of its constituent materials. Management of waste batteries by distributors 22.

(1)On or from 26 September 2008, each distributor of batteries— (

1. a)shall be prohibited from— (
2. i)transferring to any person or persons waste portable batteries with the exception of— (A) a collector who is acting on behalf of— (I) the producer responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of regulation 23 or, as appropriate, (II) an approved body established in accordance with the provisions of Part V or its representative or, as appropriate, (B) a producer who is responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of regulation 23 or, as appropriate, (C) an approved body established in accordance with the provisions of Part V or its representative, that is authorised in accordance with the provisions of section 34 of the Act, (
3. b)shall be entitled to deposit waste portable batteries free of charge at a civic amenity facility provided he or she has fulfilled the obligations in regulation 21 and is compliant with the provisions of regulation 42, subject to— (
4. i)prior agreement with the operator of such a facility on the maximum quantity, by weight or, as appropriate, by number of units, of waste consignments together with the size and type of vehicle or vehicles to be permitted access to the aforementioned facility and any conditions that may be appropriate, (
5. ii)the waste portable batteries are transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and (
6. c)may deposit waste portable batteries free of charge at a distribution centre where he or she obtains portable batteries provided he or she has fulfilled the obligations in regulation 21 and is compliant with the provisions of regulation 42, subject to— (
7. i)prior agreement with the operator of such a distribution centre, (
8. ii)the approval of the local authority in whose functional area the distribution centre concerned is situated, (iii) the distribution centre concerned is registered or exempted from registration in accordance with the provisions of regulation 42, and (
9. iv)the waste portable batteries are transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992).

(2)Without prejudice to sub-regulation

(1)(b), where it is established that a civic amenity facility on account of its location cannot cater for vehicles of a particular size, the local authority in whose functional area the civic amenity site is located or the operator acting on its behalf may direct a distributor to deposit such waste portable batteries at an alternative collection point operated by the local authority or on its behalf.

(3)Without prejudice to sub-regulation

(1)(a), any distributor who transfers to any person or persons waste batteries, with the exception of— (

1. a)a collector who is acting on behalf of— (
2. i)the producer responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of regulation 23 or, as appropriate, (
3. ii)an approved body established in accordance with the provisions of Part V or its representative or, as appropriate, (
4. b)a producer who is responsible for financing the environmentally sound management of the waste batteries concerned in accordance with the provisions of regulation 23 or, as appropriate, (
5. c)an approved body established in accordance with the provisions of Part V or its representative, that is authorised in accordance with the provisions of section 34 of the Act, shall ensure that the waste batteries concerned are collected by an authorised waste collector, arrange for the environmentally sound management of the waste batteries concerned in accordance with the provisions of regulations 23 and 27, achieve the collection and recycling targets prescribed in regulations 23 and 28 and submit a report in respect of the previous calendar year containing at least the information set out in Part 1 of Schedule 2 to the Agency by 28 February of each year.

(4)The prohibition in sub-regulation

(1)(

1. a)shall not apply in respect of any battery— (
2. a)incorporated into electrical and electronic equipment or, as appropriate, (
3. b)returned to or accepted by a distributor under the provisions of the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980) and which is subsequently returned to the producer. Financing the take back of waste batteries 23.

(1)On and from 26 September 2008, each producer shall ensure that he or she or a third party acting on his or her behalf finances any net costs arising from— (

1. a)the environmentally sound management of waste batteries deposited at collection points and civic amenity facilities in the functional areas of all local authorities relating to his or her own products regardless of when placed on the market and their chemical composition, (
2. b)the collection from end-users and environmentally sound management of waste industrial batteries relating to his or her own products regardless of when placed on the market and their chemical composition, and (
3. c)any public information campaign on the collection, treatment and recycling of waste portable batteries in proportion to the quantity of portable batteries placed on the market in the State by him or her excluding any portable batteries that left the State prior to being sold to end-users.

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

(3)Subject to sub-regulation

(1), on and from 26 September 2008, a producer shall, within— (a)20 working days of being requested so to do by the operator of a collection point for portable waste batteries, including waste button cells, or a third party acting on its behalf, collect, or arrange for the collection of, from the collection point concerned, any waste batteries or, as appropriate, waste button cells regardless of when placed on the market and their chemical composition or, as appropriate, (b)30 working days of being requested so to do by the operator of a collection point for waste automotive or, as appropriate, waste industrial batteries or a third party acting on its behalf, collect, or arrange for the collection of, from the collection point concerned any waste automotive or, as appropriate, waste industrial battery regardless of when placed on the market and its chemical composition relating to products of a type and brand supplied by that producer or, as appropriate, in proportion to the quantity of batteries placed on the market in the State by him or her excluding any batteries that left the State prior to being sold to end-users.

(4)Where a producer fails to comply with the requirements of sub-regulation

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

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

(1)and the requirement of producers to meet all collection and recycling targets in accordance with the provisions of sub-regulation

(7)and regulation 28.

(6)Notwithstanding sub-regulation

(1)(b), economic operators may collect waste industrial batteries from end-users provided that— (

1. a)the waste industrial batteries concerned are— (
2. i)collected by an authorised waste collector, and (
3. ii)managed in an environmentally sound manner in accordance with the provisions of Articles 26, 27 and 28, and (
4. b)a report in respect of the previous calendar year containing at least the information set out in Part 2 of Schedule 2 is submitted to the agency by 28 February of each year.

(7)Without prejudice to sub-regulation

(1), each producer of portable batteries shall ensure that he or she, as a minimum, collects, no later than— (i)26 September 2012, 25%, and (ii) September 2016, 45%, 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-regulation

(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-regulation

(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 24.

(1)Producers and users of industrial or, as appropriate, automotive batteries may conclude agreements stipulating other financing methods provided that the waste is managed in an environmentally sound manner in accordance with the requirements of these Regulations.

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

(1), each— (

1. 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 regulations 27 and 28. (
2. 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— (
3. i)treated at an appropriate facility in accordance with the requirements set out in Part A, and (
4. 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-regulation

(1), alternative financial arrangements with users of— (

1. 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 (
2. b)automotive batteries arising from private or, as appropriate, non-commercial vehicles shall be prohibited. Collection of waste batteries 25. On and from 26 September 2008— (
3. a)end-users of waste— (
4. i)portable batteries, (
5. 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, (
6. b)each producer of— (
7. 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, (
8. 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, noncommercial vehicles from collection points situated in the functional area of each local authority or, as appropriate, (
9. 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 (
10. c)each local authority may— (
11. 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 (
12. 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 26.

(1)On and from 26 September 2008, any person shall be prohibited from disposing waste industrial and automotive batteries in landfill or by incineration.

(2)Notwithstanding sub-regulation

(1), the residues of 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 regulations 27 and 28. Treatment of waste batteries 27.

(1)On and from 26 September 2009, each— (

1. a)producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of regulation 23, (
2. b)end-user of an industrial or, as appropriate, automotive battery, other than an automotive battery from a private or, as appropriate, noncommercial vehicle who avails of alternative financing methods as provided for in regulation 24, (
3. 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, (
4. d)person who becomes obligated in accordance with the provisions of regulations 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-regulation

(1), on and from 26 September 2008, where any waste battery is to be treated in another member state or a third country, the— (

1. a)producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of regulation 23, (
2. b)end-user of an industrial or, as appropriate, automotive battery, other than an automotive battery from a private or, as appropriate, noncommercial vehicle avails of alternative financing methods as provided for in regulation 24, (
3. 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, (
4. d)person who becomes obligated in accordance with the provisions of regulations 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 waste13 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 waste14 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 apply15 , 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-regulation

(1)and regulation 28

(1)have been complied with.

(3)Without prejudice to sub-regulation

(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-regulation

(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

(2)of the Directive, and (

1. b)demonstrate to the satisfaction of the Agency that all the waste batteries concerned were— (
2. i)treated at an appropriate facility in accordance with the requirements of sub-regulation

(1), and (ii) recycled at an appropriate facility in accordance with the requirements of regulation 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-regulations

(1)and

(2), on and from 26 September 2008, any battery that is collected with waste electrical and electronic equipment in accordance with national waste electrical and electronic equipment Regulations, 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 28.

(1)On and from 26 September 2011, each— (

1. a)producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of regulation 23, (
2. b)end-user of an industrial or, as appropriate, automotive battery, other than an automotive battery from a private or, as appropriate, noncommercial vehicle avails of alternative financing methods as provided for in regulation 24, (
3. 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, (
4. d)person who becomes obligated in accordance with the provisions of regulations 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— (

1. 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)16 , (
2. b)development of new recycling and treatment technologies, and (
3. c)promotion of research into environmentally friendly and cost effective recycling methods for all types of batteries.

(3)Notwithstanding sub-regulation

(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— (

1. 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), (
2. b)development of new recycling and treatment technologies, and (
3. 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-regulation

(2)the Minister from time to time may issue guidance concerning new recycling technologies. Record keeping 29.

(1)On and from 26 September 2008— (

1. 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— (
2. i)each Member State of the European Union, and (
3. ii)third countries, and (
4. b)each— (
5. i)producer that is responsible for financing the environmentally sound management of any waste battery in accordance with the provisions of regulation 23, (
6. 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 regulation 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, (
7. iv)person who becomes obligated in accordance with the provisions of regulations 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-regulation

(1)shall be— (

1. 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 (
2. 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 30.

(1)A producer shall not later than the date on which application for registration is made in accordance with the provisions of regulation 18

(1)— (

1. 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 (
2. 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 Schedule 3.

(2)A plan in accordance with the provisions of sub-regulation

(1)(a) shall contain at least the information set out in Part 1 of Schedule 4.

(3)A producer shall, not later than the date on which it shall be required to supply to the registration body information indicating how it continues to meet its environmental responsibilities in that year in accordance with the provisions of regulation 19

(4)— (

1. 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 (
2. 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 Schedule 3.

(4)A report in accordance with the provisions of sub-regulation

(3)(a) shall contain at least the information set out in Part 2 of Schedule 4.

(5)A producer shall at least once every three years, and not later than the date on which it shall be required to supply to the registration body information indicating how it continues to meet its environmental responsibilities in that year in accordance with the provisions of regulation 19

(4), have prepared a new plan in accordance with the provisions of sub-regulation

(1)(a).

(6)A producer shall on the date on which application for registration is made in accordance with the provisions of regulation 18

(1), submit to the Agency for its approval a copy of a plan or report prepared for the purpose of this regulation.

(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-regulation

(6).

(8)A copy of a plan or report prepared for the purpose of this regulation 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 regulation, “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 regulation 23, the Agency shall in determining the adequacy of a plan submitted in accordance with the provisions of sub-regulation

(6)consult with the Minister with regard to any condition which the Minister may wish to apply including conditions— (

1. a)for the achievement of interim collection targets which may be set by the Minister or, as appropriate, (
2. 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 regulation 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 31.

(1)On and from 26 September 2008 each producer shall ensure— (

1. 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— (
2. i)with the symbol shown in Schedule 5 and, as appropriate, (
3. 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 Schedule 5 and shall cover an area of at least one quarter the size of that symbol, and (
4. b)when supplying a new battery, that users are informed of— (
5. i)the potential effects on the environment and human health of the substances used in batteries, (
6. 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, (
7. iv)the meaning of the symbol of the crossed-out wheeled bin shown in Schedule 5 and the chemical symbols Hg, Cd and Pb, (
8. v)how to safely remove a battery from an appliance where a battery is incorporated into the appliance concerned, and (
9. vi)where appropriate, the type of any battery that is incorporated into an appliance.

(2)Without prejudice to sub-regulation

(1), the symbol shown in Schedule 5 shall cover at least— (

1. a)3% of the area of the largest side of any battery or, as appropriate, battery pack but excluding any cylindrical cell, or (
2. b)1.5% of the surface area of any cylindrical cell, up to a maximum size of 5 X 5 cm.

(3)Notwithstanding sub-regulation

(2), where the size of the battery or, as appropriate, battery pack is such that the symbol shown in Schedule 5 would be smaller than 0.5 X 0.5 cm— (a) the battery or, as appropriate, battery pack need not be marked in accordance with provisions of sub-regulation

(1), and (b) the symbol shown in Schedule 5 shall be printed on the packaging and shall measure at least 1 X 1 cm.

(4)Notwithstanding sub-regulation

(3), where the symbol shown in Schedule 5 is printed on the packaging of any battery, including any button cell, containing more than— (

1. a)0.0005% mercury, (
2. b)0.002% cadmium or, as appropriate, (
3. c)0.004% lead, the information as prescribed in sub-regulation

(1)(a) shall also be printed on the packaging concerned.

(5)The obligation in sub-regulation— (a)1(

1. b)will be deemed to have been met if the information is provided— (
2. i)in the instructions for use, (
3. 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)(
4. 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— (

1. a)portable battery or, as appropriate, (
2. 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

(7)A producer shall be exempt from the requirements of sub-regulation

(6)where exemptions from the labelling requirements of Article 21 of the Directive have been granted in accordance

(3), to the third party concerned— (

1. a)by 1 September 2008, in respect of the calendar year ending 31 December 2007, (
2. b)by 31 January of each year thereafter, in respect of the previous calendar year ending 31 December, and (
3. 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 33.

(1)On and from 26 September 2008, distributors of batteries— (

1. a)when supplying a new product, shall ensure that users are informed of the return and collection systems available to them, and (
2. 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 Schedule 3.

(2)The obligation of sub-regulation— (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 Schedule 3.

(3)Notwithstanding sub-regulation

(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 34.

(1)Notwithstanding the responsibility of each individual producer to finance the environmentally sound management of waste batteries, waste automotive batteries or, as appropriate, waste industrial and arrange for their environmentally sound management, a producer who holds a valid certificate granted to him or her by an approved body stating that such producer is participating, in a satisfactory manner, in a scheme for the environmentally sound management of waste batteries shall be exempt from the requirements of regulations 23

(1), 23

(3), 23

(4), 23

(5), 23

(6), 23

(7), 23

(8), 23

(9), 25(b), 27, 28 and 30 unless and until such certification is revoked by the approved body concerned or otherwise ceases to have effect/be in force, or approval granted by the Minister to the body concerned is revoked in accordance with the provisions of regulation 37.

(2)Notwithstanding sub-regulation

(1)an approved body shall be responsible for the achievement of the targets specified in regulation 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 35.

(1)A body corporate may apply to the Minister for approval for the purposes of this Part.

(2)An application for approval in accordance with the provisions of sub-regulation

(1)shall be made in writing and shall be accompanied by the following— (

1. a)a copy of the articles of association of the body corporate, (
2. b)the appropriate certificate issued by the Companies Registration Office, (
3. c)proposals relating to corporate governance, (
4. 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, (
5. e)a business plan in relation to the proposed scheme, (
6. f)proposals for a contingency reserve, (
7. g)proposals relating to co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in regulation 34 including proposals in relation to 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, (
8. h)proposals for a scheme to be undertaken by the body corporate for the environmentally sound management of waste batteries, (
9. i)proposals for the achievement of the targets as laid down in regulations 23 and 28 for the environmentally sound management of waste batteries under the proposed scheme, (
10. j)proposals for determining and verifying the level of the environmentally sound management of waste batteries under the proposed scheme, (
11. k)a copy of the rules of membership of the body corporate together with details of the membership fee structure, (
12. l)a— (
13. 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 (
14. ii)list of applications for membership— (A) received, (B) accepted, and (C) rejected together with the grounds for rejection. (
15. m)proposals for the certification of producers for the purposes of regulation 34, (
16. 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), (
17. o)proposals relating to the dissemination of information to the public regarding the environmentally sound management of waste batteries, (
18. 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, (
19. q)such other information as may be specified in writing by the Minister for the purposes of this article. Grant or refusal of approval 36.

(1)Subject to sub-regulation

(3), the Minister may, by notice in writing, grant approval to a body corporate for the purposes of this Part, or may refuse to grant such approval.

(2)Subject to regulation 37, an approval granted by the Minister under this regulation 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-regulation

(1)may be subject to such conditions as the Minister may specify, including conditions relating to— (

1. a)the articles of association of the body corporate, (
2. b)the appropriate certificate issued by the Companies Registration Office, (
3. c)corporate governance, (
4. d)the representation of small and medium enterprises on the board of the approved body and the composition of the board of directors, (
5. e)the business plan, (
6. f)a contingency reserve, (
7. g)co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in regulation 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, (
8. h)any aspects of the scheme to be undertaken by the body corporate for the environmentally sound management of waste batteries, (
9. i)the achievement of— (
10. i)the targets as laid down in regulations 23 and 28 and, where appropriate, (
11. ii)interim collection targets which may be prescribed in conditions applied by the Minister under this regulation for the environmentally sound management of waste batteries, (
12. j)the determination and verification of the effects of measures to be undertaken with regard to the environmentally sound management of waste batteries, (
13. k)the rules of membership of the body corporate and the membership fee structure, (
14. l)non-discrimination against any producer on the grounds— (
15. 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, (
16. 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, (
17. m)the certification of producers for the purpose of regulation 34, (
18. 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), (
19. 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, (
20. 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, (
21. q)the achievement of interim collection targets which may be set by the Minister or, as appropriate, (
22. r)any other matters the Minister may consider appropriate.

(4)Without prejudice to sub-regulation

(3), in the event that an approved body— (

1. a)has its approval revoked in accordance with the provisions of regulation 37, (
2. b)goes into liquidation, examination or, as appropriate, receivership or, as appropriate, (
3. 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-regulation

(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 37.

(1)Subject to sub-regulation

(2), where it appears to the Minister that— (

1. a)new targets for the environmentally sound management of waste batteries need to be met, (
2. b)it is necessary to ensure equitable distribution of producer responsibility obligations, or (
3. 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 regulation 36, or require the approved body to make a new application in accordance with the provisions of regulation 35 for a renewal of an approval.

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

1. a)give notice in writing to the approved body of the proposal and the reasons therefor, (
2. 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 regulation 35, as the case may be, and (
3. c)consider any submission, or application so made.

(3)Following the consideration of any submission or application in accordance with sub-regulation

(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 regulation 36, as the case may be.

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

1. 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 (
2. 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 regulation 35.

(5)Subject to sub-regulation

(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 regulation 36.

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

1. a)give notice in writing to the approved body of the proposed decision and the reasons therefor, (
2. 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 (
3. c)consider any submission so made. Use of logo adopted by an approved body 38. No person shall, other than with the written consent of an approved body, display— (
4. a)at any premises or, as appropriate, (
5. b)on or in, any— (
6. i)vehicle, (
7. ii)product, (iii) packaging, (
8. iv)advertisement or, as appropriate, (
9. 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 regulation 34. Notifications to local authorities and the Registration Body and provision of information to the Agency and the Central Statistics Office 39. An approved body shall,— (
10. a)not later than the 7th day of each month, notify— (
11. i)each local authority of any producer situated within the functional area of the local authority concerned, (
12. 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 regulation 34 has been granted or revoked within the preceding calendar month, and (
13. 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 40.

(1)The Agency shall be responsible for the enforcement of the provisions of regulations 5, 7, 9, 15, 16, 17, 18, 19, 20, 21

(1)(a), 21

(4), 21

(5), 23, 24, 27, 28, 29, 30, 31, 32, 33

(3), 34, 38, 39, 45 and 46 of these Regulations within the State and shall take such steps as are necessary for this purpose.

(2)Each local authority shall be responsible for the enforcement of the provisions of regulations 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 regulations 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-regulation

(4)by— (

1. 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 (
2. 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 41.

(1)An authorised person may, for any purpose connected with these Regulations: (

1. a)at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of An Garda Síochána) or equipment as he or she may consider necessary for the purpose, and (
2. b)at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.

(2)An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has obtained a warrant from the District Court under paragraph 5(b) authorising such entry.

(3)Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the certificate furnished to him or her under section 14

(3)of the Act of 1996.

(4)Whenever an authorised person enters any premises or boards any vehicle, pursuant to these Regulations, the authorised person may therein, as appropriate— (

1. a)make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections, (
2. b)make such copies of documents and records (including records in electronic form) found therein and take such samples, (
3. c)require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period, (
4. d)require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information, (
5. e)require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents, as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her, by or under these Regulations.

(5)(

1. a)Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court, in whose District the premises is located, for a warrant under this paragraph authorising the entry by the authorised person into the premises. (
2. b)If on application being made to him or her under this paragraph, a Judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraph

(4)or

(5).

(6)An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Regulation, request a member of the Garda Síochána to assist him or her in the exercise of such a power. Registration of Distributors 42.

(1)On a date not later than 1 September 2008, each local authority shall cause to be established and maintained a register (hereafter in this Part referred to as ‘the register’) of distributors within its functional area, who transport or, as appropriate, store waste batteries that have been accepted free of charge in accordance with the provisions of regulation 21.

(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— (

1. a)apply for registration, not later than 15 September 2008, or the date of commencement of business, whichever is the later, and (
2. 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 regulation 21 of these Regulations, is situated.

(4)An application for registration, or renewal of registration, in accordance with the provisions of sub-regulation

(3)shall be made in writing, shall contain at least the information set out in Schedule 6 and shall be accompanied by a— (

1. a)declaration from the applicant that transport and storage of waste batteries shall be in accordance with the provisions of— (
2. i)sections 34

(1)and 39

(1)of the Act, or, as appropriate, (

1. ii)regulations 43 and 44 of these Regulations, and (
2. b)fee as prescribed in national waste electrical and electronic equipment Regulations.

(5)Without prejudice to sub-regulation

(3), any distributor who is registered in accordance with the provisions of national waste electrical and electronic equipment Regulations, shall be deemed to be registered in accordance with the provisions of this article.

(6)Without prejudice to sub-regulation

(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-regulation

(7)maintain a register for the purposes of this article.

(7)An approval in accordance with the provisions of sub-regulation

(6)shall be subject to such conditions as the Minister may specify, including but not exclusively— (

1. a)the period of approval, (
2. b)variance in the terms and conditions of approval, (
3. c)revocation of approval, and (
4. 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-regulation

(7)— (

1. a)will be responsible for the effective carrying out of its functions, and (
2. b)shall ensure that its financial costs are borne from its own resources.

(10)Subject to sub-regulation

(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-regulation

(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-regulation

(7), the Minister shall— (

1. 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, (
2. 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 (
3. c)consider any submission so made.

(12)Once an approval in accordance with the provisions of sub-regulation

(7)— (

1. a)is revoked by the Minister, or (
2. 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 regulation

(6), including the requisite software and programmes.

(13)A distributor shall fulfil the obligation in sub-regulation

(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-regulation

(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-regulation

(13)shall be deemed to have fulfilled the obligations provided for in sub-regulations

(3)and

(4).

(15)The provisions of this regulation shall not apply in respect of collection points— (a) where waste portable batteries are stored following acceptance in accordance with the provisions of regulation 21

(2)provided that the storage thresholds provided for in regulation 44

(1)(a)(

1. ii)are not exceeded, or (
2. b)designated in accordance with the provisions of article— (i)25(c)(i)(A) provided that the storage thresholds provided for in regulation 44

(1)(b), or (ii)25(c)(i)(B) provided that the storage thresholds provided for in regulation 44

(1)(c)(ii), are not exceeded. PART VII MISCELLANEOUS Non-application of section 34

(1)(a) of the Act 43.

(1)Without prejudice to regulation 21

(1)(b)(ii), on and from 26 September 2008, section 34

(1)(

1. a)of the Act shall not apply in respect of the transport of waste batteries undertaken by a— (
2. a)distributor, registered or exempted from registration in accordance with the provisions of regulation 42— (
3. i)taking back waste batteries or, as appropriate, (
4. ii)depositing waste batteries at a collection point, that was accepted free of charge in accordance with the provisions of regulation 21 and is managed in accordance with the provisions of regulation 22, (
5. 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 (
6. 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 regulation 25(
7. 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-regulation

(1)shall not apply— (

1. a)to contaminated waste batteries that present a health and safety risk, and (
2. b)unless the waste batteries will be eventually– (
3. i)treated at an appropriate facility in accordance with the requirements set out in Part A, and (
4. 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 44.

(1)Without prejudice to regulation 21

(1)(b)(ii), on and from 26 September 2008, section 39

(1)of the Act shall not apply in respect of the temporary storage of waste batteries at a— (

1. 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 (
2. ii)or, as appropriate, (ii)250 kg of waste portable batteries provided they were accepted free of charge in accordance with the provisions of regulation 21, are managed in accordance with the provisions of regulation 22, and that such a place is registered and inspected or exempted from registration in accordance with the provisions of regulation 42, (
3. b)workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of regulation 25(c)(i)(A) and where the quantities being stored at any one time does not exceed 250 kg of waste portable batteries, or (
4. 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 regulation 25(c)(i)(B) and where the quantities being stored at any one time does not exceed— (i)500 kg of waste batteries, ot