A guide to the Batteries Directive

The first set of regulations implementing the Batteries Directive have recently been published. How will this affect your business? Our guide summarises the key business requirements.

Background to the Batteries and Accumulators Directive

The Batteries and Accumulators Directive 2006/66/EC was designed to reduce the quantity of hazardous and non hazardous waste batteries going to landfill and increase the recovery of waste materials.

It is a producer responsibility Directive, which means it aims to make producers of batteries financially responsible for the financing of the collection, recycling and treatment of spent batteries and accumulators. Member States have until 26 September 2008 to transpose the Directive into national law.

The Directive contains two distinct sets of provisions:

Technical Single (Internal) Market requirements, including restrictions on the use of mercury and cadmium in batteries and labelling requirements for new batteries; and
requirements to set up systems for the collection, treatment and recycling of waste batteries (environmental protection requirements)

The 'Batteries and Accumulators (Placing on the Market) Regulations 2008', published today, implement the internal market provisions of the Directive. A second set of regulations implementing the collection, treatment and recycling of waste batteries is expected in early next year.

What batteries are covered by the Batteries Directive?

The Directive applies to all types of new (single use) batteries and accumulators (more commonly known as rechargeable batteries), regardless of their shape, volume, weight, material composition or use, placed on the market on or after 26 September 2008. The Directive splits these into three categories:

Portable batteries are sealed and can be hand-carried, e.g. AA or AAA, a laptop or a mobile phone battery
Industrial batteries are designed exclusively for industrial or professional use or are used in electric vehicles, e.g. batteries used in professional video equipment and professional studios, the battery used as a source of propulsion in a golf cart or buggy
Automotive batteries are used for automotive starter, lighting or ignition, e.g. a motorcycle battery, a car/van battery or a truck, bus or coach battery

It is your responsibility to decide whether your product falls within the scope of the regulations. An indicative list of batteries falling within each of type of batteries can be found here. You can also use this decision tree to decide whether you fall within the scope of the Regulations.

Who is obligated under the Batteries Directive ?

The Directive is the latest piece of ‘producer responsibility’ legislation coming out of Europe which means it makes producers responsible for the financing of the collection, recycling and treatment of spent batteries. The Directive defines the producer of batteries as the one that ‘places batteries or accumulators, including those incorporated into appliances or vehicles, on the UK market for the first time’.

The proposed producer responsibility provisions therefore apply wider than just to UK manufacturers of batteries but also include:

Private label owners
Domestic Original Equipment Manufacturer (OEM), if products include batteries when put on the market
Importer of electrical equipment and vehicles containing overseas-sourced batteries when sold on the UK market
Importers of batteries placed on the UK market

The new regulations further have an impact on those that sell, collect, treat, recycle or use batteries.

What if I put batteries on the market?

Government confirmed that from 26 September 2008 any persons wishing to place on the market new batteries and accumulators, and appliances that may contain batteries and accumulators, must comply with the following:

a ban on placing any battery or accumulator on the market that contains more than 0.0005% of mercury by weight; but this does not apply to button cells which are permitted a mercury content of no more than 2% by weight; and
a ban on placing any portable battery that contains more than 0.002% of cadmium by weight, but this does not apply to portable batteries intended for use in emergency and alarm systems, including emergency lighting; medical equipment; or cordless power tools.
Batteries and accumulators placed on the market will need to display the crossed out wheeled bin symbol.
All batteries must be labelled according to their lead, cadmium and mercury content.

Retailers/Distributors are not required to take batteries that were placed on the market before 26 September off their shelves but those which are placed on the market on or after the 26 September 2008 and do not conform to the Regulations would need to be withdrawn.

The Regulations includes powers for the enforcement agency to serve compliance and enforcement notice. Fines for failing to adhere to the regulations for placing batteries on the market or heeding an enforcement notice are set at £5,000. An enforcement authority is yet to be formally appointed by the Secretary of State.

Next Steps

Government has yet to confirm full details concerning the system for the collection, transport and recycling of waste batteries, with a further consultation on draft regulations expected later this year. The regulations are expected to come into force in early 2009. However, early indications are that

Producers of portable batteries are likely to be required to:

register with the relevant authority
join a compliance scheme
provide relevant information on the batteries they put on the market,
fund publicity campaigns

Producers of industrial batteries are like to be required to:

register with the relevant authority
take back, themselves or through others, waste industrial batteries from business users. This includes all businesses, irrespective of whether they are their customers however, producers would not be required to necessarily offer this service free of charge.
finance the net costs of collection, treatment and recycling but they may conclude other financing arrangements with users.

Producers of automotive batteries are like to be required to:

register with the relevant authority
take back, themselves or through others,waste automotive batteries removed from privately-owned (as opposed to commercial) vehicles.
finance the net costs of collection, treatment and recycling. They may conclude other financing arrangements with users.