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Batteries and Accumulators

Index

1. Latest Information
2. Background
3. Government documents
4. Current legislation
5. Useful links
6. Contacts

1. Latest Information

This section summarises key recent developments. More details and links to documents are provided in sections below.

UK Regulations (SI No. 2008/2164) implementing the internal (single) market provisions of the Batteries Directive were laid in Parliament on 15 August 2008. These Regulations will be published on the Office of Public Sector Information (OPSI) website on or around 21 August 2008.

A Government guidance document intended to give advice on these new requirements is available here:

The Batteries and Accumulators (Placing on the Market) Regulations 2008: Government guidance notes (137KB)

Closed consultations on the batteries Directive may still be seen with the Government’s written responses in the “Closed with Response” part of the Consultations section of this website.

On 26 September 2006 the agreed text of Directive 2006/66/EC on Batteries and Accumulators and Waste Batteries and Accumulators was published in the Official Journal of the European Communities. 

This Directive repeals the existing Batteries Directive 91/157/EEC which in comparison had a more limited range of provisions.

The Directive aims to maximise the separate collection and recycling of spent batteries and accumulators, and to reduce the disposal of batteries and accumulators in the municipal waste stream. This aspiration is consistent with the UK Government sustainable development and waste strategies.

Key requirements of the Directive include:

• A partial ban on portable nickel-cadmium batteries that excludes batteries used in medical equipment, emergency lighting and alarm systems, and cordless power tools. However, the exemption for power tools is subject to review after four years.
• Collection targets for spent portable batteries of 25% of average annual sales 4 years after the directive is implemented in the UK, rising to 45% after 8 years.
• Bans the disposal of untreated automotive and industrial batteries in landfill or by incineration.
• Member States will have until 26 September 2008 to transpose the Directive.
  

On 10 January The Department of Business, Enterprise & Regulatory Reform (BERR) and Defra arranged a "Futurefocus" event at the BERR offices in London. 19 invited industry representative took part in a "brainstorming" event looking into possible implications of the Directive for the UK.  Participants were given the opportunity to comment on a series of questions on an anonymous basis.  A report showing the full range of comments made during the workshop is attached.

2. Background

In February 2003 the European Commission consulted Member States on a revision of the Batteries Directive. For more details

In November 2003 the European Commission adopted a proposal for a new Directive on batteries and accumulators and spent batteries and accumulators.

The main objectives of the proposal were to contribute to a high level of environmental protection and the proper functioning of the internal market, which the European Commission believes the existing Batteries Directives have failed to do.

The proposal, unlike existing Community legislation on batteries, applied to all batteries and accumulators, with the exception of those used for military applications, regardless of chemical composition, use or size. The existing Batteries Directives covered an estimated 7% of all portable batteries placed on the EU market annually, and have failed to provide a framework for battery collection and recycling. The Commission estimates that in 2002, 45.5% of all portable batteries sold in the EU went to final disposal, primarily in landfill where they pose the greatest environmental risk due to the hazardous substances contained in some batteries.

In May 2004 the Government consulted stakeholders on the Commission's proposal in order to inform its negotiating position. A summary of responses to this consultation was published.

3. Government documents

Explanatory Memorandum produced by the Government to set out the provisions of the Commission proposal, as submitted to Parliament in December 2003. Explanatory Memoranda are submitted to Parliament to explain the context and implications of all new policy proposals.

A partial Regulatory Impact Assessment (RIA) was produced for the draft Directive and sets out the benefits of the draft legislation along with estimated costs of compliance in comparison to current practice.

In 2000 the Government commissioned a study on the potential environmental and financial impacts of a possible new European Directive on batteries. 

The Department of Business, Enterprise & Regulatory Reform supported a voluntary battery collection and recycling pilot scheme in Bristol, launched in September 2002.  In September 2003 the campaign completed a highly success pilot year. Click here for details.

4. Current legislation

Council Directive 91/157/EEC - Batteries and Accumulators Containing Certain Dangerous substances                                 

This specifies that batteries containing mercury, cadmium or lead should be collected separately when spent and should carry an identifying label. The Directive also sets permissible heavy metal limits, and requires certain battery-powered equipment to be designed in such a way as to make their batteries easily removable. (Ref. OJ L 078 26.03.1991 p.38)

Commission Directive 93/86/EEC - Labelling of batteries and accumulators containing certain dangerous substances

Specifies which symbol the above batteries should carry, viz. a crossed-out wheelie bin, as well as the appropriate chemical symbol. (Ref. OJ L 264 23.10.1993 p.51)

Commission Decision 98/101/EC -- adapting 91/157/EEC to technical progress

This Decision reduces the permissible limit of mercury in all primary and secondary cells to 0.0005% and prohibits, from 1.1.2000 at the latest, the marketing of batteries not meeting this limit. It also prohibits, from the same date, the marketing of button cells containing more than 2% mercury by weight. (Ref. OJ L 001 05.01.1991 p.1)

Statutory Instrument 232 of 1994

The Batteries and Accumulators (Containing Dangerous Substances) Regulations 1994. This SI prohibits the sale of (most) alkaline batteries containing over 0.025% mercury, stipulates that all batteries covered by Directive 91/157/EEC carry the appropriate chemical symbol as well as the crossed out wheelie bin, and sets down design requirements for certain battery-powered equipment.

Available from Stationery Office-formerly HMSO tel. 020 7873 9090 or fax 020 7873 8200 and Stationery Office web site at: http://www.legislation.hmso.gov.uk/si/si1994/Uksi_19940232_en_1.htm

Statutory Instruments 2000 No. 3097

The Batteries and Accumulators (Containing Dangerous Substances) (Amendment) Regulations 2000. Available from the Stationery Office web site.

Statutory Instruments 2001 No. 2551

The Batteries and Accumulators (Containing Dangerous Substances) (Amendment) Regulations 2001. This SI transposes Commission Directive 98/101/EC (see above) into UK law. Available from the Stationery Office web site.

5. Useful links

(BERR is not responsible for the accuracy of the content of these links)

British Battery Manufacturers Association

Defra

Environment Agency

European Commission

European Battery Recyclers Association

Recharge

EUROBAT

6. Contacts

Peter Cottrell, Department of Business, Enterprise & Regulatory Reform (BERR) 1 Victoria Street, London, SW1H 0ET, Tel 020 7215 1330, E-mail peter.cottrell@berr.gsi.gov.uk                                                

Ali Scoleri, Policy Advisor, Producer Responsibility Unit, Waste Management Division, DEFRA, Ergon House, Horseferry Road, London, SW1P 2AL, Tel 020 7238 3322, E-mail alessandra.scoleri@defra.gsi.gov.uk