The European Parliament and the European Council have agreed the text for a new Directive on Batteries and Accumulators and Waste Batteries and Accumulators. This draft directive sets targets for Member States for the recycling and collection of batteries and places financial obligations for this on the producers. The new directive will repeal and replace the existing Batteries Directive (91/157/EEC).
The main aim of the new directive is to encourage a high level of environment and health protection and to establish a framework for collection and recycling of batteries across Europe. In particular the directive seeks to address the risk to the environment posed by the disposal of untreated batteries (containing toxic metals such as cadmium, mercury and lead).
The draft directive is yet to be formally adopted but once it has been, Member States will have two years to implement it via national laws.
On 3 May 2006, the European Parliament and the European Council have agreed the text for a new Directive on Batteries and Accumulators and Waste Batteries and Accumulators. This draft directive sets targets for Member States for the recycling and collection of batteries and places financial obligations for this on the producers. The new directive will repeal and replace the existing Batteries Directive (91/157/EEC).
The main aim of the new directive is to encourage a high level of environment and health protection and to establish a framework for collection and recycling of batteries across Europe. In particular the directive seeks to address the risk to the environment posed by the disposal of untreated batteries (containing toxic metals such as cadmium, mercury and lead). Changes required in the UK will be greater than required elsewhere in the EU. Currently it is estimated that in the UK, 0.5% of used batteries are collected and recycled. This compares unfavourably with 59% in Belgium and 55% in Sweden.
There will be a final reading of the draft directive before it is adopted but it is considered unlikely that further changes will be made. Below is a summary of the main provisions of the draft directive:
- Minimum collection targets for batteries of 25% (of average annual sales over the past 3 years) within 4 years and 45% within 8 years. There is no provision to distinguish between batteries that are placed on the market before and after the date the directive comes into force.
- Minimum recycling target of 50% of collected batteries not containing cadmium or lead (75% and 65% targets for batteries containing cadmium and lead respectively).
- Obligations on producers and retailers to take back waste batteries (this can be outsourced to a third party).
- Obligation to label batteries to show actual battery capacity.
- Obligation for all producers to be registered.
- Obligation on producers to finance the collection, treatment and recycling of batteries (de minimus exemption for small producers). However, producers and users of industrial and automotive batteries may independently agree alternative financing arrangements.
- Requirement at design stage for batteries to be removable from the product so as to facilitate their collection, treatment and recycling. This could be of particular relevance to toy manufacturers.
- Partial ban on portable nickel-cadmium batteries.
- Ban on sale of batteries and accumulators containing more than 0.0005% mercury and 0.002% cadmium, with the exception of emergency and alarm systems, medical equipment and cordless power tools.
- pBan on disposal of untreated industrial/automotive batteries in landfill or by incineration.
The implementation of the directive will impose a financial burden on producers (and possibly to a minor extent, retailers) in order to meet collection, treatment and recycling obligations. In addition, Member States will need to establish collection and enforcement procedures.
Once adopted (the date of adoption is unknown but is likely to be in 2006), Member States will have two years to implement the directive via national laws.
