Michael Moynihan (Cork North West, Fianna Fail)
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89.To ask the Minister for Communications, Climate Action and Environment to provide details of the procedures in place to ensure the safe decommissioning of battery energy storage systems in Ireland; and if he will make a statement on the matter.[34203/24]

Eamon Ryan (Dublin Bay South, Green Party)
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On 12 July 2023, the Council of the European Union adopted new regulation (2023/1542) to strengthen sustainability rules for batteries and waste batteries. EU Regulation 2023/1542 “Concerning batteries and waste batteries” amends EU Directive 2008/98 and Regulation (EU) 2019/1020 and repeals EU Directive 2006/66/E “On batteries and accumulators and waste batteries and accumulators”. While regulation (2023/1542) came into force on 18 February 2024, certain provisions will become effective at staggered intervals up to 2027. Regulation (2023/1542) regulates the entire life cycle of batteries, including batteries used in electricity storage systems, referred to as ‘industrial batteries’ from production to reuse and recycling.

The European Commission has adopted a whole of life cycle approach to the implementation of these regulations and ensures that [industrial] batteries are safe, sustainable and competitive. While the regulation augments the provisions of the Batteries Directive (2006/66) in relation to management of waste batteries, it also has extensive implications for standards of batteries placed on the market, with the effect of increasing circularity and sustainability. This requires the setting up of harmonized product and marketing requirements including conformity assessment procedures.

At present the national enforcement of the Batteries Regulations and the Waste Electronic and Electrical Equipment (WEEE) Regulations is led by the Environmental Protection Agency (EPA) and local authorities. The EPA enforce the obligations set out in these regulations on producers. (Any person who places batteries and/or electrical and electronic equipment (EEE) on the market in Ireland for the first time on a professional basis, whether by manufacturing or by importing the product, is a ‘producer’.)

Producers are under the obligation to register as a producer of EEE and/or batteries with the national registration body (the Producer Register Limited, (www.producerregister.ie) and ensure the environmentally sound management of waste arising from those products they place on the market.

Battery energy storage systems that are installed on installations/facilities licensed by the EPA are required to be decommissioned in accordance with the terms of their licence and in accordance with national legislation (including the Batteries Regulations, the Batteries and Waste Batteries Regulation and the WEEE Regulations).

The Batteries Regulations (S.I. No. 283 of 2014), the Batteries and Waste Batteries Regulation (EU 2023/1542) and the WEEE Regulations (S.I. No. 149 of 2014) require a producer to:

- Register with the National Registration body (Producer Register Limited).

- Finance the environmentally sound management of the batteries and/or EEE for when the products become waste, generally by joining a compliance scheme.

- Ensure batteries and/or EEE placed on the market comply with relevant product, sustainability, safety and labelling requirements.

The Batteries and Waste Batteries Regulation (EU 2023/1542) also sets out the safety requirements for stationary battery energy storage systems including the technical documentation, assessment and evidence required to demonstrate compliance.

Further, batteries and EEE used in battery electricity storage systems are required to be sourced from a registered supply chain, i.e., from a producer who meets the requirement to be registered, up to date, with the national registration body (Producer Register Limited).

Producers of industrial batteries and accumulators, or third parties acting on their behalf, shall not refuse to take back waste industrial batteries and accumulators from end-users, they shall also make adequate arrangements to provide for the collection of waste industrial batteries regardless of chemical composition and origin.

It is prohibited the disposal in landfills or by incineration of waste industrial and automotive batteries and accumulators. Waste facilities which accept and treat WEEE and/or waste batteries are licensed by the EPA (large scale waste facilities) or permitted by Local Authorities (smaller scale waste activities).