Emer Currie (Dublin West, Fine Gael)
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167. To ask the Minister for Environment, Community and Local Government whether his Department has made an assessment of the prevalence of inferior or non-compliant batteries being placed on the Irish market by distance sellers; and if he will make a statement on the matter. [57891/25]

Emer Currie (Dublin West, Fine Gael)
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168. To ask the Minister for Environment, Community and Local Government whether his Department has assessed the proportion of inferior or non-compliant batteries sold in the Irish market that originate from outside the European Union; and if he will make a statement on the matter. [57892/25]

Alan Dillon (Mayo, Fine Gael)
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I propose to take Questions Nos. 167 and 168 together.

The 2023 Batteries Regulation provides the regulatory framework for standards of batteries placed on the market in the European Union. The priority of the Department is to ensure that all sellers contribute appropriately to management of batteries at end of life in order to ensure environmental protection.

Producer Responsibility legislation is designed to ensure that producers of relevant goods contribute to the costs of collecting and recycling these goods when they are no longer in use. Ensuring all obligated producers pay their share is critical to the credibility and success of these schemes, known as Extended Producer Responsibility schemes (EPRs). In Ireland, the Environmental Protection Agency (EPA) and local authorities both have enforcement roles under the legislation. Those bodies work together, and with the EPR organisations, to ensure compliance in the Irish market and to contribute to achievement of EU recycling targets.

The EPA is responsible for market surveillance functions and for enforcing certain obligations on both distance sellers and distributors under the Waste Electronic and Electrical Equipment Regulations and Batteries Regulations, and may take a prosecution for a summary offence for failure to comply with the regulations. Further information on the obligations of distance sellers is available here: www.epa.ie/publications/compliance--enforcement/waste/Guidance-for-distance-sellers-of-EEE-and-Batteries.pdf

Compliance of distance sellers is a critical issue for EPR. Free-riding distance sellers enjoy a cost advantage over their counterparts who have paid their EPR fees. The Department is working with stakeholders and regulators to tackle this issue both systemically and at the level of individual operators.

Recent circular economy legislation for batteries and packaging waste refers Member States to provisions available under the EU Digital Services Act. How to leverage the measures under that Act is currently the subject of discussion between the Department and stakeholders. Other approaches such as a 'Pay on Behalf' model led by a host online platform, also offers opportunities to promote compliance and forms part of the suite of measures being actively explored.

This matter is of concern across the EU. The European Commission has issued a Call for Evidence in preparation for publishing a proposed Circular Economy Act next year. Ireland will work with the Commission and other Member States to support measures for EPRs that ensure fair competition in the EU market are included in that legislation.