Explanatory note

These Regulations make provision for the implementation in Northern Ireland of Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, pp. 1 - 117) (“Regulation (EU) 2023/1542”).

The Windsor Framework provides that the EU law listed in Annex 2 of the Windsor Framework, as amended or replaced, will apply to and in the UK in respect of Northern Ireland. Regulation (EU) 2023/1542 replaced Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, pp. 1 - 14), which is listed in Annex 2. Regulation (EU) 2023/1542 has applied since 18th February 2024 and is given effect in domestic law by section 7A of the European Union (Withdrawal) Act 2018 (c. 16).

Part 2 makes supplementary provision in relation to placing batteries on the market and putting them into service in Northern Ireland, requiring the CE marking which must be affixed to batteries or their packaging under Regulation (EU) 2023/1542 to be accompanied by the UK(NI) indication.

Part 3 makes provision in relation to notified bodies. It designates the Secretary of State as the notifying authority responsible for UK notified bodies under Article 22 of Regulation (EU) 2023/1542 and requires UK notified bodies whose notification has been restricted or withdrawn to provide the Secretary of State with any necessary documentation (regulation 4). It further requires decisions by UK notified bodies to be notified in writing to the relevant persons (regulation 5).

Part 4, in conjunction with Schedule 1, deals with appeals against decisions of UK notified bodies.

Part 5 makes provision about enforcement. Regulation 9 confers a duty on the Secretary of State to enforce these Regulations and Regulation (EU) 2023/1542. Regulation 10 makes it a criminal offence to breach a prohibition or requirement in a listed provision of these Regulations or Regulation (EU) 2023/1542 (see further Schedule 2). Regulation 11 sets out the penalties that attach to an offence under regulation 10, and regulations 12 to 16 make further provision with respect to criminal proceedings.

Part 6 sets out the methods by which written notices and other documents which are required to be served or given under these Regulations may be delivered, and makes further provision with respect to the date of service and notification.

Part 7 revokes the Batteries and Accumulators (Placing on the Market) Regulations 2008 (“the 2008 Regulations”) (S.I. 2008/2164) in relation to Northern Ireland, subject to certain saving provisions, and makes various consequential amendments to those Regulations in light of the revocation. It also includes a deeming provision which ensures that batteries which (i) comply with Regulation (EU) 2023/1542 and regulation 3 of these Regulations and (ii) are qualifying Northern Ireland goods can be placed on the market in Great Britain as if they met the requirements of the 2008 Regulations. Part 8 of these Regulations makes additional consequential amendments to secondary legislation, and Part 9 of these Regulations makes transitional provision.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen. Instead, a de minimis assessment has been prepared as this instrument is likely to result in a net cost which is estimated to be below £10 million per year. A copy of the assessment is available from the Batteries Team at the Department for Environment, Food and Rural Affairs, Ground floor, Seacole Building, 2 Marsham Street, London, SW1P 4DF; email: [email protected].