Public consultation on disposable vaping devices

The Minister of State at the Department of Environment, Climate and Communications, Ossian Smyth, invites the public to participate in the following consultation. Feedback will help to inform Ireland’s policy response to dealing with waste disposable vaping devices.

Important note: Disposable vapes are electronic cigarettes that are NOT rechargeable. Rechargeable cigarettes are outside the scope of this consultation.

Disposable vaping devices present several challenges to our current waste collection and recycling system, including:

• where lithium-ion batteries are contained in waste devices, these can present a risk to the health and safety of waste collection workers and others. When damaged, short-circuited or overheated, these batteries can catch fire
• the use of critical raw materials and plastic in a disposable product is wasteful
• the negative environmental impact of these devices especially where they are not disposed of in a responsible manner

Vaping products contain electronic components including a battery and require safe disposal when they become waste. They contain a complex mixture of materials, some of which may be hazardous and are not easily recyclable. Modern electronics also contain rare and expensive materials, which can and should be recycled and re-used.

Under our WEEE and battery waste laws, all producers (includes those who place WEEE/batteries on the market) must:

• join either of Ireland’s WEEE schemes which are not-for-profit bodies that organise systems for recycling of WEEE and waste batteries. Producers pay fees to these bodies which fund and arrange the collection and recycling of waste products; and
• provide information to consumers about end-of-life environmental management of their electrical and battery powered devices

Under this system, consumers may return waste vaping devices to any retail outlet that sells them when purchasing a new one; or they can be disposed of (for free) in the WEEE/Battery reception area at civic amenity sites. It is dangerous to place them in household bins.

In 2021, registered producers reported that in 2021, nearly 5,000 disposable vape units were placed on the market. At present, data on how many were returned through the collection/return system is not sufficiently detailed to tell us the rate of disposable vape returns but informal reports from the Extended Producer Responsibility (EPR) schemes suggest a very low return rate.

Anecdotal reports suggest disposable vapes have emerged as a new littered item with concentrations found close to schools and at music events.

The national Litter Quantification Survey commissioned by the Department of the Environment, Climate and Communications will include e-cigarettes and associated items for the first time in 2023.

• ban on the manufacture, sale, distribution or free offer of disposable vaping devices under the Waste Management Act, 1996, Section 28(4)(i)
• establish a deposit and return system for disposable vaping devices
• make no legislative change but improve the producer responsibility scheme to ensure all producers placing devices on the market are registered; ensure enforcement of EPR requirements is adequate; improve education and awareness around returning devices into the WEEE and battery collection schemes for responsible recycling

Please complete the survey. The closing date for receipt of completed surveys has been extended to 5.30pm on Friday, 11 August 2023

If you have any issues completing this survey, please email PRI@decc.gov.ie

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 EU Technical Regulation Information System (TRIS) and Item was unpublished or removed to allow for further feedback.

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. All submissions and feedback will be considered before the final version of the regulations are published.

Please note that responses to this consultation are subject to the provisions of the Freedom of Information Act 2014 (FOI), Access to Information on the Environment Regulations 2007-2018 (AIE) and the Data Protection Act 2018.

Please also note that we intend to publish the contents of all submissions received to our consultations on our website. We will redact personal data prior to publication. In responding to this consultation, parties should clearly indicate where their responses contain commercially sensitive information or confidential information which they would not wish to be released under FOI, AIE or otherwise published.

We would like to draw your attention to our Data Privacy Notice which explains how and when we collect personal data, why we do so and how we treat this information. It also explains your rights in relation to the collection of personal information and how you can exercise those rights.

To view the consultation click the button below.