International Review of Waste Management Policy - Department of ...

Anti-competitive practices are addressed by the inclusion in the Regulations of a
maximum period of three years for any agreements made between producers and
ATFs. The requirement to meet common minimum treatment standards will also
encourage a level playing field and facilitate the market to operate efficiently 487.
It is suggested that the system whereby ATFs issue CoDs contributes to the
improvement of Ireland’s vehicle registration system and can also help combat
certain forms of anti-social behaviour associated with ELVs. 488
22.11 Complementary Policies
Both the End of life Vehicle Regulations and the Batteries Regulations 489 contain
substance restrictions. The substance restrictions in Part I of the Batteries
Regulations (for the use of mercury and cadmium) indicate that these apply without
prejudice to the ELV Regulations, which means that the prohibitions contained in Part
II of the Batteries Regulations do not apply to batteries covered by the ELV
Regulations. 490
The ELV Regulations restrict the use of mercury, cadmium and lead in cars. However
it allows a maximum concentration of mercury of up to 0.1% by weight and per
homogenous material. There is an exemption for the use of cadmium in batteries for
electric vehicles, which expires on the 31 December 2008, and an exemption for lead
in batteries without expiry date.
Both the ELV and the Batteries Regulations establish the principle of producer
responsibility. A car producer is also regarded as a battery producer in a Member
State under the Batteries Regulations if it places the battery on the market (inside the
car) for the first time in that Member State on a professional basis. This is to ensure
that there is a producer responsible for all batteries placed on the market. However,
the Batteries Regulations states that Member States should avoid any double
charging of producers when car batteries are collected under the ELV Regulations.
The focus of the RoHS (Restriction of Hazardous Substances) Regulations 491 is to
limit the amount of hazardous metals contained in electrical and electronic
components. The list includes lead, mercury, hexavalent chromium, cadmium and
certain organic compounds. In a similar manner, the ELV Regulations is primarily
targeted toward hexavalent chromium content in automotive components. The goal of
487 Department of the Environment, Heritage & Local Government (May 2006) Statement on
Regulatory Impact – Waste Management (End of Life Vehicles) Regulations 2006.
488 Ibid.
489 Waste Management (Batteries and Accumulators) Regulations 2008 (S.I No. 268 of 2008)
490 Commision Services Document (April 2008) Questions and Answers on the Batteries Directive
(2006/66/EC)
491 Waste Management (Restriction Of Certain Hazardous Substances in Electrical and Electronic
Equipment)(Amendment) Regulations 2008 (SI 376 of 2008)
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