Consultation on removing the self-compliance option for battery producers and economic operators under the EU Batteries Regulation 2023

The aim of the consultation is to gather stakeholder feedback on Article 57.1 of the Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries ("the Batteries Regulation 2023").

The Batteries Regulation 2023

The Batteries Regulation 2023 was adopted by the Council of the European Union on 12 July 2023. The aim of the Batteries Regulation 2023 is to strengthen sustainability rules for batteries and waste batteries. This will regulate the entire life cycle of batteries, from production to reuse and recycling, ensuring that they are safe, sustainable and competitive.

The Batteries Regulation 2023 will apply to all batteries including:

• all waste portable batteries
• electric vehicle (EV) batteries
• industrial batteries
• starting lighting and ignition (SLI) batteries
• batteries for light means of transport (LMT), such as electric bikes, e-mopeds, e-scooters and so on

The Batteries Regulation 2023 aims to promote a circular economy by regulating batteries throughout their life cycle which will establish end-of-life requirements, including collection targets and obligations, targets for the recovery of materials and extended producer responsibility.

Extended Producer Responsibility for Batteries

Extended Producer Responsibility (EPR) ensures that producers are made financially responsible for the full life cycle of their products, including take-back, recycling and final disposal at the end of their useful life.

The EPR system was introduced in the EU in the 1990s and a number of EPR schemes already exist in Ireland to manage material waste streams. The Department of the Environment, Climate and Communications has already introduced EPRs for Packaging, Batteries, WEEE, End-of-Life Vehicles, Tyres and Farm Plastics.

There are two Approved Bodies permitted to act as a Batteries and Accumulators Producer Responsibility Organisation (PRO) compliance scheme within the State under the European Union (Batteries and Accumulators) Regulations, Waste Electrical and Electronic Equipment Ireland (WEEE Ireland) and European Recycling Platform Ireland Ltd (ERP Ireland).

Article 56.1 of the Batteries Regulation 2023 places obligations on producers to have EPR for batteries that they make available on the market for the first time within the territory of the Member State An economic operator that makes available on the market for the first time within the territory of a Member State a battery that results from preparation for re-use, preparation for re-purposing, repurposing or remanufacturing operations shall be considered to be the producer of such battery for the purposes of this Regulation and shall have EPR (Article 56.2).

Under Article 57.1 of the Batteries Regulation 2023, Member States have the option to implement national measures which would oblige producers to become members of a producer responsibility organisation. This would remove the option for producers to self-comply.

However, the removal of producer self-compliance must be justified.

The Programme for Government, published in June 2020, committed to end self-compliance as an option under EPR to ensure that all producers are treated fairly and to remove any potential loopholes. The Waste Action Plan for a Circular Economy 2020-2025 further commits to remove individual producer self-compliance as an option across all EPRs.

The department welcomes views from producers and economic operators of batteries, industry members and stakeholders regarding the removal of individual producer self-compliance as an option under the Batteries Regulations 2023.

All responses will be considered and will inform the next steps of policy making.

This may involve the drafting of regulations. Any draft regulations will be published on the department’s website to allow for further feedback.

Submissions should be sent by email to PRI@decc.gov.ie or by post to:

Batteries Regulation 2023 – Producer Self-compliance Consultation

PRI Unit

Circular Economy Materials Management Division

Department of the Environment, Climate and Communications

Newtown Rd

Wexford

Y35AP90

The closing date for receipt of completed submissions is 5.30pm, Wednesday 22 May 2024.

We are committed to engaging with stakeholders in a clear, open and transparent manner. Any person or organisation can make a submission in relation to this consultation. We will consider all submissions and feedback before we publish the final versions of the Regulations.

Your response to this consultation is subject to:

• the Freedom of Information Act 2014 (FOI)
• the Access to Information on the Environment Regulations 2007-2018 (AIE)
• the Data Protection Act 2018

Publishing of responses

We intend to publish the contents of all submissions received to our consultations on our website. We will redact (remove) personal data before publication.

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• personal information
• commercially sensitive information
• confidential information

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