Legislation Update: The Waste Batteries and Accumulators Regulations 2009

1. Legislation Update: The Waste Batteries and Accumulators Regulations 2009 Tessa Bowering Senior Environment Officer (Waste)

2. The Regulations • Implement the EU Directive which aims to improve the environmental performance of batteries and accumulators and those involved in their life cycle. • The Regulations aim to move the UK from its 2007 recycling rate of 3% of portable batteries to 25% (approx. 7,500 tonnes) by 2012, raising to at least 45% in 2016

3. Who do the regulations affect? • Anyone who puts portable batteries/accumulators – or products containing portable batteries/accumulators – onto the UK market for the first time. • Anyone who puts industrial and/or automotive batteries – or products containing industrial and/or automotive batteries – onto the UK market for the first time. • Anyone who sells portable batteries/accumulators (distributors)

4. Definitions • Automotive Battery: used for the starting or ignition of the engine of a vehicle or for providing power for any lighting used by such a vehicle • Portable Battery: sealed, can be hand-carried without difficulty and is neither an automotive or industrial battery • Industrial Battery: designed exclusively for industrial or professional uses, used as a source of power for propulsion of an electric vehicle, unsealed but is not an automotive battery or sealed but is not defined as a portable battery

5. Producers of Portable Batteries • 2 types: large (> 1 tonne) and small (< 1 tonne) • Large: Join a Battery Compliance Scheme (BCS) by 15th October 2009. Pay for the collection, treatment and recycling of waste batteries in proportion to market share. Record data on the weight of batteries placed on the market from 5 May 2009 and provide to scheme by January 2010. Report data as 3 separate groups – nickel cadmium, lead acid and ‘other’

6. Producers of Portable Batteries • Small: register with the EA within 28 days of the first date on or after 15 October 2009 on which you placed any batteries on the UK market. Record data on the weight of batteries placed on the market from 5 May 2009 and provide to the EA by January 2010. Report data as 3 separate groups – nickel cadmium, lead acid and ‘other’

7. Producers of Industrial and/or automotive batteries • Register with the Department for Business, Innovation and Skills (BIS) – www.berr.gov.uk. • Record the amount of batteries you put on the market

8. Distributors of portable batteries/accumulators • If you are based in the UK and sell batteries on a professional basis to an end-user you are classed as a distributor under the regulations • From 1 February 2010 distributors will have to provide an in-store battery take-back facility for any member of the public who has some batteries to dispose of. • Distributors who sell <32kgs of portable batteries each year are exempt from this requirement

9. Treatment and Recycling • Schemes will have to ensure that all batteries are treated and recycled according to best available techniques • Battery treatment facilities will be approved by the EA and they will be able to issue evidence on the basis of quantities of batteries delivered to an ABTF by a scheme (portable batteries only) • Some batteries are exported for recycling and there will therefore be provision for Approved exporters to issue evidence (portable batteries)

10. Treatment Facilities • Applications for approval by the EA must be submitted by persons if they are the first to treat and recycle UK waste industrial/automotive batteries or export UK waste industrial/automotive batteries for treatment and recycling overseas • Treatment includes the sorting of waste batteries into different types or different chemistries as well as including preparation for recycling and recovery

11. Thank You Tessa Bowering tessa.bowering@environment-agency.gov.uk