A public consultation was launched by the Government on 22 December 2008 seeking stakeholder views on draft national legislation designed to implement various aspects of the EU's 2006 Waste Batteries Directive. Producers, distributors, collectors and recyclers of batteries and accumulators and items containing batteries and accumulators, and any other interested parties are invited to comment on the proposed approach for implementing provisions in the Directive relating to the collection, treatment, recycling and disposal of portable, automotive and industrial batteries and accumulators. Responses to this consultation are expected by 13 February 2009.
Background
The Batteries and Accumulators and Waste Batteries and Accumulators Directive (2006/66/EC) (“the Batteries Directive”) applies to all types of batteries irrespective of their shape, weight, composition or use, except those used in certain military or space applications. The Batteries Directive restricts the use of mercury and cadmium in batteries; introduces more robust labelling requirements for new batteries to aid consumer choice and recycling (in this regard see our Law Now); imposes a 25% collection target for waste portable batteries by September 2012, rising to 45% by September 2016. The Waste Batteries Directive prohibits the disposal by landfill or incineration of waste industrial and automotive batteries (see below) – in effect setting a 100% collection and recycling target.
Battery Categorisation
The Directive applies different obligations upon producers of portable, industrial and automotive batteries.
An automotive battery is one which is used for the starting or ignition of the engine of a vehicle, or for providing power for any lighting used by such a vehicle.
A portable battery or battery pack is one which is sealed, can be hand-carried without difficulty, and is neither an automotive or industrial battery.
An industrial battery or battery pack is one which is:
(i) designed exclusively for industrial or professional uses;
(ii) used as a source of power for propulsion in an electric vehicle;
(iii) unsealed, but is not an automotive battery; or
(iv) sealed, but is not defined as a portable battery.
Draft Regulations
The proposed draft Regulations establish provisions for approval of schemes which will carry out collection, treatment and recycling of waste portable, industrial and automotive batteries on behalf of producers (i.e. implementing producer responsibility principles which are to be found in other areas of waste management). These schemes are also expected to undertake administration and data reporting for producers. Obligations have been placed on producers (that is manufacturers and importers of batteries into the UK), as well as responsibilities on distributors (mostly retailers) to take back waste portable batteries.
More specifically, the consultation document seeks views on the following key draft provisions:
(1) Producers of portable batteries will need to register with the relevant authority (in England and Wales the Environment Agency; in Scotland, the Scottish Environment Protection Agency; and in Northern Ireland, the Northern Ireland Environment Agency) and fund the collection, treatment and recycling of waste batteries through mandatory "battery compliance schemes" in order to meet annual collection targets starting in 2010.
(2) Producers placing less than 3 tonnes of portable batteries per year on the UK market would be exempt from the collection, treatment and recycling obligations.
(3) Distributors will be required to make arrangements for the take back of waste portable batteries.
(4) Shops with a floor space of less than 280m2 and sell less than 16 kilograms of portable batteries per year will be exempt from take back requirements.
(5) The draft regulation also sets interim collection targets in addition to the targets in the Batteries Directive of 25% and 45% by 2012 and 2016 respectively. The proposed interim targets are 10% in 2010 and 18% in 2011. There are also interim targets for the period 2013-2015 to enable producers, schemes and regulators to assess progress towards the 2016 target. If interim targets are not met, no penalties will apply, although the approval of schemes that fail to meet the interim targets will be reviewed by the regulators. Schemes that are significantly failing to meet these targets could have their approval removed if, after scrutiny from the regulators, the schemes plans to meet the interim targets proved insufficient.
(6) Industrial and automotive battery producers will be required to register with the Department for Business, Enterprise and Regulatory Reform (BERR) (and not the Environment Agencies) and report the tonnages and chemistry of batteries they place on the UK market. As provided by the Batteries Directive, disposal of industrial and automotive batteries in landfill or by incineration will be banned. It is our understanding that the ban will come into force in September 2009, albeit one year later than the 26 September 2008 implementation date required by the Batteries Directive. Furthermore, industrial battery producers will be required to take back waste industrial batteries from end-users free of charge on an 'old for new' basis, and must also be ready to take back any other waste industrial batteries if required. Automotive battery producers will be required to take back waste automotive batteries on request from final holders such as garages, ELV Treatment Facilities and Civic Amenity Sites.
To access the consultation click here.
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