Directive Decoder

Hi all
15 years after the first Batteries and Accumulators Directive came into force the EU has adopted Directive 2006/66/EC which was published in September 2006 and comes into force in September 2008.
The new batteries directive will affect producers, importers and distributors of all types of batteries that are put onto the EU market either as individual batteries or incorporated within electrical equipment.
In practice all consumer or industrial batteries are in scope including NiCad batteries, car batteries, button cells (watches etc) as well as back-up power supplies.
The new directive does not apply to equipment specifically intended for military purposes or equipment designed to be sent into space.

The approach used for the battery directive has several similarities to WEEE and RoHS as it requires batteries to be collected at end of life and recycled (financed by Producers).
There are also substance restrictions and labelling requirements.

The use of mercury remains unchanged, including the exemption for button cells, from the earlier directive but a restriction on cadmium will be imposed from September 2008, other than in emergency and alarm systems (including lighting) medical equipment and cordless power tools. The latter is subject to review by the European Commission.

Batteries must be collected and, as such, schemes will be required to help end-users discard batteries easily. Collection targets for Member States are set at 25% of annual sales by 2012 and 45% by 2016.
Recycling targets are also imposed depending on the type of battery: lead acid = 65%, nickel- cadmium = 75% and others 50%. As much lead and cadmium must be recovered as is technically possible while avoiding excessive costs.

All batteries must be labelled with the crossed wheelie bin symbol (with certain exceptions) and with the chemical symbol for lead, cadmium or mercury if any of these are present.
Where batteries are incorporated into products, instructions showing how to remove them must be provided with the equipment.

More on this in future articles.

If this directive impacts your business, please drop me a line.

Directive Decoder

Around 160,000 tonnes of consumer batteries, 190,000 tonnes of industrial batteries and 800,000 tonnes of vehicle batteries are sold in Europe every year.

The most recent figures indicate Belgium, Sweden, Austria, Germany, Holland and France as having the most efficient systems in place to collect all types of used portable batteries.

The European Union has agreed the text of a law that will make recycling of batteries obligatory from 2008.

A revised Battery Directive was adopted by the European Union (EU), and came into effect, on 6/9/2006.

Member States have two years to implement the new Battery Directive and, on the same date of 26/9/2008, the former Battery Directive will be repealed.

The former directive only applied to certain batteries containing mercury, cadmium and lead over certain permitted values. However, the new legislation applies to all batteries regardless of their weight, shape, composition or use, although limited exemptions will apply.

A new Batteries Directive will come into force on September 26 this year.
The Directive will restrict the use of mercury and cadmium in batteries. The mercury restriction is unchanged from the 1991 Battery Directive but the cadmium restriction is new.

• Mercury in batteries except button cells: Maximum of 0.0005% mercury by weight of battery
• Mercury in button cells: Maximum of 2% mercury by weight of battery
• Cadmium in batteries: Maximum of 0.002% cadmium by weight of battery but
with three exemptions -
o Emergency and alarm systems including emergency lighting
o Medical equipment
o Cordless power tools (this exclusion will be reviewed by September 2010 and may be withdrawn)

Note that there is no restriction on lead in batteries but if present at > 0.004% by weight the battery must be labelled with “Pb”.

Directive Decoder

The European Union (EU) adopted the “Batteries Directive” (91/157/EC) in March 1991. This introduced restrictions on the use of mercury in most batteries and encouraged collection and recycling. However, the objectives of this Directive have not been achieved as most portable batteries are still being sent to landfill.

As a result, the EU has introduced a new directive (2006/66/EC) that will come into force on 26 September 2008, and repeal the existing directive on the same day.

For more information:
http://uk.farnell.com/images/en_UK/pdf/batteries_new_directive.pdf

Directive Decoder

I recently received a standard letter from a very large company who appear, on the face of it, to have an incorrect interpretation of the New Battery Directive.

They believed that all batteries on the market that did not comply with the New Directive would have to be withdrawn after its implementation date of 26/9/08.

This is not the case.

All batteries put on the market before 26/9/08 should comply with the "current" Battery Directive (91/157/EEC). Any put on the market on, or after, 26/9/08 need to comply with the numerous requirements of the New Battery Directive (2006/66/EC).

No recall or withdrawal is required.

Directive Decoder

The European Union (EU) adopted the "Batteries Directive" 91/157/EEC in March 1991. This introduced restrictions on the use of mercury in most batteries and encouraged collection and recycling. However, the objectives of the Directive have not been achieved as most portable batteries are still being sent to landfill.

For example, in 2002, according to the European Commission (EC) around 45.5% of the total amount of batteries sold in the EU, equating to over 70,000 tonnes, went to landfill or were incinerated.

As a result, the EU has introduced, and adopted, a "New Battery Directive" 2006/66/EC with an implementation date of 26 September 2008, that repeals 91/157/EEC at the same time.

The New Directive applies to all batteries and accumulators. The difference between a battery and an accumulator is not defined by the directive but UK regulations simplistically define "batteries" as non-rechargeable and "accumulators" as rechargeable.

The New Batteries Directive (2006/66/EC) comes into force on September 26^th replacing the previous Battery Directive (91/157/EEC) on that day.

Link to the most frequently asked questions

Directive Decoder

The European Union (EU) adopted the "Batteries Directive" 91/157/EEC in March 1991. This introduced restrictions on the use of mercury in most batteries and encouraged collection and recycling. However, the objectives of the Directive have not been achieved as most portable batteries are still being sent to landfill.

For example, in 2002, according to the European Commission (EC) around 45.5% of the total amount of batteries sold in the EU, equating to over 70,000 tonnes, went to landfill or were incinerated.

As a result, the EU has introduced, and adopted, a "New Battery Directive" 2006/66/EC with an implementation date of TODAY, that repeals 91/157/EEC at the same time.

By far the most frequently asked question surrounding the New Batteries Directive (2006/66/EC) is that of stock.

For clarity, stock placed on the market up to, and including the 25th of September should comply with the

"Old" Battery Directive (91/157/EEC). Anything placed on the market on, or after the 26th of September must meet the requirements of the New Battery Directive including the wide ranging Producer responsibilities.

Busy times at the minute as customers request detailed information around REACH Substances of Very High Concern.

Those of you who were involved in RoHS back in 2005 / 2006 may well remember the challenge of obtaining timely information around compliance from manufacturers.

Well, it will be no different with REACH.

How long will it take the manufacturer or importer to start the information flow down the supply chain?

Who knows but I suspect that there will be a great deal of managing expectations!

The UK Government has published two stakeholder consultations into the implementation of the WEEE Directive and New Battery Directive.

This is an opportunity for industry to have its say:

WEEE Consultation

Battery Consultation

Directive Decoder

What tonnage of batteries do you import?

That includes batteries despatched from outside the EU into non UK "pods".

If more than 3 tonnes then you could be classified as a "Large Producer" and face unexpected costs.

If this concerns you, then have your say and reply to the UK consultation paper.

Directive Decoder

Interesting question this week from a customer who could not find any reference in the New Battery Directive (2006/66/EC) to a restriction or ban on lead.

Happy to promote the following note on behalf of the Environment Agency:

The UK Government has proposed new regulations, expected to be introduced in May 2009, relating to the collection, treatment and recycling of batteries in the UK.

Under the proposals, anyone placing portable batteries/accumulators - or products containing portable batteries/accumulators - onto the UK market for the first time (meaning that they haven't bought them from another UK supplier), will be classified as a battery producer. This includes importers, as well as wholesalers who import portable batteries/accumulators to place on the UK market.

Producers will have to pay to join a Compliance Scheme which will arrange for the collection, treatment and recycling of those batteries when the user has finished with them. Although all producers will have to join a compliance scheme, the Government is proposing a threshold so that they will have different responsibilities, depending on their size.

Retailers who sell portable batteries/accumulators will also have a responsibility to take them back in-store. Again, Government is proposing exemptions for smaller retailers selling less than 16kg of portable batteries annually and with a floor area of less than 280 square meters (ie. retailers not covered by the restriction of Sunday trading laws).

During the summer, the Environment Agency will publish a list of provisionally approved compliance schemes on their website, that are expected to be approved by around September time.

For more information, visit www.environment-agency.gov.uk/batteries

Directive Decoder

The UK is going to have to step on the gas to meet its collection targets for portable batteries. The New Battery Directive requires member states to collect 25% of portable batteries by 2012. The UK must step up collections from the current 900 tonnes to 7,500 tonnes per annum. The target rises to 45% in 2016.

Directive Decoder

The UK Government has adopted new rules relating to the collection, treatment and recycling of batteries.

As promised here are more details around the recently published UK Battery Regulations.

BERR responses to the consultation paper

UK regulations

Directive Decoder

The Environment Agency in the UK has received eight applications from potential Battery Compliance Schemes (BCS).

When it comes to the collection, treatment and recycling of batteries you would expect the UK to be up there with the best, wouldn't you?

Well, you would be wrong, big time!

The new battery regulations in the UK have lead to many companies asking whether or not they are a "Producer".

Examples in the government guidance provide the following examples of producers:

The EU Battery Directive requires battery manufacturers and importers to mark all portable and automotive batteries with their capacity from 26 September 2009. It was also proposing that the definition of "capacity" would be published no later than 26 March 2009.

While the French firm Bio Intelligence, commissioned by the European Commission, completed their review on time last September, as yet there has been no decision on the several options they proposed.

So clearly the September 2009 deadline will be missed and even if the proposals were published now these will need to be considered by individual member states and the UK, for example, has an obligatory stakeholder consultation period.

Directive Decoder

The Environment Agency has published a two page leaflet that provides a brief overview of the UK Battery Regulations.

The focus is around who the regulations affect and what they need to do. It also answers the frequently asked question of who is a producer.

Click here for battery guidance.

Directive Decoder

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Take a look at Strateco...let experts David Burton and Carl Kruger guide your business.

Directive Decoder

The Environment Agency is getting some stick from certain manufacturers for not getting the message across regarding the UK battery regulations.

Seems a little unfair to me and twice they have asked me to help raise awareness. I am more than happy to link to their flyer again.

Environment Agency awareness leaflet

In the meantime, eight potential battery compliance schemes are seeking approval. The succesful BCS are due to be announced at the end of September.

Potential Battery Compliance Schemes

Producers then have until October 15th to register with one of these.

Lots of positioning is going on, believe me!!

Directive Decoder

On 5 May 2009, new regulations came into force about the way batteries (including re-chargeable) are collected, treated and recycled in the UK. The Batteries Directive will improve the environmental performance of batteries and those involved in their life cycle.

The regulations aim to move the UK from its 2007 rate of recycling 3% of portable batteries to 25% (approximately 7500 tonnes) by 2012, rising to at least 45% in 2016.

Anyone who places portable batteries, or products containing them, onto the UK market for the first time will be classified as a Producer and, if they place more than 1 tonne onto the market, will need to join a Battery Compliance Scheme (BCS) by 15 October that will arrange for collection, treatment and recycling of waste batteries on their behalf.

For further information, the Environment Agency has issued some simple guidance click here

Directive Decoder

Are you unsure whether or not you are a Producer of batteries?

The Environment Agency offers some clarity as follows:

"You need to determine who the first company to import the products into

the UK is. If any of the companies you are importing from have a UK presence such as a Post Office box, a UK trading arm or an office in the UK, then they will be classed as the producer. If however, you are buying directly from a company outside the UK then you will be the producer"

For more information download the guides below:

Guide to Battery Directive

Battery Selection

Directive Decoder

As part of the New Battery Directive the capacity of the battery should have been shown from September 2009.

While this date has come and gone there is some progress on the issue.

The European Commission has proposed a method of capacity labelling of rechargeable portable and automotive batteries and originally planned to vote on this by post on 3rd November, even though there has been a Batteries TAC (Technical Adaptation Committee) meeting this week.

Member States objected as they wanted to discuss the proposal at the TAC meeting before voting and so the postal vote deadline was cancelled. We await the outcome of the TAC meeting.

Directive Decoder

If you import batteries it is worth noting that many are failing compliance in the UK simply because the symbols (wheelie bin, hazardous substance etc) are not the required size as defined in the regulations.

It is probably worth contacting your supplier to ensure that they are aware of the requirements.

Directive Decoder

There are two lots of UK battery regulations to consider.

The 2008 regulations cover chemical restrictions and labelling while the focus of the 2009 regulations is registration and recycling.

Currently, around 70% of all imported batteries are failing compliance due to the incorrect sizing of the obligatory symbols.

For my exclusive guide to these two regulations see below:

2008 and 2009 Battery Regulations

Directive Decoder

Three supermarket giants have signed up to battery compliance schemes to meet both their producer and retail obligations on portable batteries.

Tesco, ASDA and Morrison's have joined the BatteryBack scheme which is jointly run by Leeds based WasteCare and waste management company Veolia ES.

A common question is around how batteries are recycled.

There are a number of recycling processes that aim at recovering a variety of materials.

Lead can be recovered by separating the different materials that make up the battery or they can be processed as a whole through a furnace with the metals recovered at the end of the process.

Likewise nickel-cadmium batteries can be processed through a similar thermal technique which recovers iron-nickel and cadmium (cadmium is now restricted under the battery regulations although exemptions do apply)

The Environment Agency is urging more small businesses that make, import or sell batteries and battery-operated equipment from torches to toys to ensure they comply with new regulations aimed at reducing the environmental impact of batteries.

By now any business who placed batteries for the first time on the UK market in 2009 should have registered as a battery producer - and the first deadline for submitting batteries data for 2009 is 31 January 2010.

Both actions are new responsibilities under the Waste Batteries & Accumulators Regulations that came into force in 2009. The regulations set out how all types of waste batteries and re-chargeable batteries are collected, treated and recycled in the UK.

The European Commission (EC) has circulated its proposals for the capacity marking of rechargeable, or secondary, portable batteries. Currently there are no proposals for capacity labelling of primary batteries and the commission has not indicated when proposals are likely to be published for these.

The EC was originally due to publish proposals in March 2009 to enter into force during September, twelve months on from the implementation of the new battery directive (2006/66/EC) but has failed to meet the deadline.

The proposals are to use IEC/EN standards for calculating capacity.

Portable batteries would be marked by the abbreviations mAh (milliampere hours) or Ah (amp hours) and the regulations will also provide details of the label size and location etc.

The European Commission has circulated its proposals for the capacity marking of rechargeable, or secondary, portable batteries.

For an updatede Guide to the New Battery Directive click here

Directive Decoder 

The European Commission (EC) has launched a consultation that will consider a ban on cadmium in batteries for cordless power tools such as electric drills. Currently, such tools are exempt from restrictions under the batteries directive.

The directive bans the sale of batteries containing 0.002% or more of cadmium by weight. Exemptions other than cordless power tools include emergency and alarm systems including emergency lighting and medical equipment.

The European Council of Ministers has published the text of an EU regulation setting out the labelling requirements that display the charge capacity of automotive and rechargeable batteries.

A reduction in waste quantities could be obtained by increasing the average life-span of rechargeable batteries as would choosing the appropriate battery for an appliance.

Capacity labelling information would ensure fair competition among manufacturers. The capacity label would provide useful, easy to understand, comparable information for end-users when purchasing portable and automotive batteries and accumulators.

Figures published by the Environment Agency show that the proportion of waste batteries collected for recycling in the UK rose from 9.15% in the first quarter of 2010 to 16.15% in the subsequent quarter.

The UK is therefore on track to achieve its first interim target to collect 10% of waste portable batteries for this year as the collection rate for the first half of the year was over 12%.

However, this remains work in progress as the first legally binding target set by the European Union's Battery Directive is 25% for 2012.

Directive Decoder

The Environment Agency has released figures showing that at least 9.56% of batteries were recycled in the UK in 2010, narrowly missing the unofficial 10% target (comparative to the number of batteries put on the market in 2009). However it has since come to light that the figures from CCR Rebat, one of the UK's six recycling schemes, have not been included in the final percentage due to incorrect data so it is more than likely that the 10% target has been met, if not exceeded.

However whilst 2010's battery recycling figures are a very positive improvement on 2009 (2%), they still remain a long way off the optimistic target set by the EU of 45% recycling by 2015.

Directive Decoder

One of the requirements of the EU Batteries and Accumulators Directive 2006/66/EC was the need for Producers to ensure that any automotive or portable batteries, placed on the market, should display a capacity label by 26 September 2009.

BIS recently confirmed that this deadline had been extended and producers of rechargeable portable batteries and automotive batteries must display a capacity marking by 31 May 2012.

Batteries placed on the market prior to this date do not have to be removed from sale and single use portable batteries are not included within the scope of this requirement.

European regulation number 1103/2010 was published on 29 November 2010 and covers producer requirements, exemptions, standards for measuring capacity, what information should be contained on the label and its minimum size and location.

The requirements will be enforced by the National Measurement Office (NMO).

It will be interesting to see which battery manufacturers, if any, will gain or lose market share.

Directive Decoder