The European Community has responded to a multitude of environmental challenges by developing, over the years, regulations that address the reduction in use of resources and the ultimate cessation in the use and dangerous use and disposal of hazardous and toxic substances. The improved environment within the waste stream was also an important initiative.
The previous Council Directive of 18 March 1991 on Batteries and Accumulators containing certain dangerous substances (91/157/EEC) has not been adopted as widely as intended. The focus of many nations, manufacturers and purchasers today has changed.
The previous Directive was mainly about the waste stream, but the scope was sometimes difficult to understand. The increased emphasis on waste stream environmental security is necessary because current battery technology does not facilitate the reduction to zero of all hazardous and toxic substances.
Modern technology means we are using many more batteries today and it is no longer acceptable to turn a blind eye to inappropriate landfill or incineration. This change has increased the need for enforcement and full stakeholder participation. Recycle points will be more prolific and prominent, while collection and recycle targets will be policed robustly.
Another big change in the Directive is in its scope. The previous Directive was limited, hard to remember and confusing to some stakeholders. Now the scope is clear – all batteries and accumulators and waste batteries and accumulators.
There are other changes due to the new Directive (2006/66/EC) of the European Parliament of 6 September 2006 on Batteries and Accumulators and Waste Batteries and Accumulators. These include using improved labelling to alert to the use of certain hazardous and toxic substances restricted by the Directive by use of chemical symbols. Later, the capacity of batteries will have to be marked to improve informed customer choice.
New batteries and accumulators will have to be marked with the 'crossed out wheeled bin' symbol indicating separate collection routes for all batteries and accumulators. This is similar to the WEEE Directive marking, but does not have the 'date bar' underneath.
Why these changes?
All changes to the Battery Directive have been made for health and safety reasons, as well as to meet the drive to address more sustainable issues. They have been made necessary by the technology employed and volume involved in the lifecycle of batteries and accumulators.
The substances used in battery technology make it difficult for decisions to be taken in the end of life equipment waste stream if batteries and accumulators remain in the equipment being treated.
Customers have to be able to make a better informed choice and the labelling will promote this.
When does this happen?
Many of the 27 European Member States brought into force the laws, regulations and administrative provisions necessary to comply with the Directive on 26 September 2008. This Directive addresses the full lifecycle of batteries and accumulators and full implementation in Member States will be after a succession of phases.
However, the Directive is not on every stakeholder's horizon. Due to its name, all product, equipment, device or apparatus manufacturers have obligations under the Directive – even if they do not deal in the batteries that may be used in their items for sale.
A product designer must promote the easy removal of batteries and accumulators at the point where they enter the waste stream and must enable the product to be labelled to show where the battery or accumulator is inside.
Battery designers must also take into account the need to use less valuable resources or dangerous substances.
How can BSI help?
BSI has been providing knowledge transfer, conducting Document Reviews and assessing product and labelling propositions. For some industry sectors, BSI has completed battery capacity evaluations and substance analysis.
Are you exempt?
The UK Waste Batteries Regulations confirm the UK is the only Member State to date which provides an exemption from collection and recycling requirements for small producers of portable batteries and battery packs (tinyurl.com/c24mps), says Dr Aidan Turnbull, head of WEEE, RoHS and EcoDesign with environmental consultancy Environ.
The regulations apply to all battery chemistries and specifically include batteries and battery packs incorporated into electrical equipment.
The regulatory requirements are different, depending on whether the batteries or battery packs are classed as portable, industrial or automotive. In particular, the exemption for small producers applies only to batteries and battery packs (both standalone and incorporated into equipment) which are classed as portable and which amount to less than 1tonne per year placed on the UK market. In this case, the producer is only required to pay an annual fee of £30, but must register with the environmental agencies by 15 October 2009. They must also report by 31 January each year the total weight of new portable batteries put on the market in the preceding year. Small producers are not required to provide or pay for any arrangements to collect and recycle portable batteries.
However, those who place more than 1tonne/year of portable batteries on the UK market are required to join an approved Batteries Compliance Scheme – again by 15 October 2009 – and membership fees here start at £2000 per year. They must also report weight data quarterly and pay a share of the estimated £20million annual cost of collecting and recycling portable batteries in the UK.
Producers of industrial batteries must provide arrangements for end users to send waste industrial batteries for recycling. In particular, they must publish details of how the end user should use these arrangements. Producers can delegate these arrangements to a third party and can also conclude an agreement where the end user finances the costs of battery collection and recycling. Companies using a web based system for pan European WEEE compliance (www.B2BWEEE.com) can adapt their web system to comply with these requirements.
Many batteries and battery packs used in electrical and electronic equipment could, at first glance, appear to be defined as 'portable' and 'industrial'. The deciding factors in such circumstances are the design of the battery or battery pack and its purpose. If a battery is sealed, can be hand carried and is capable of being used in a consumer household product, it should be considered a portable battery, unless there is evidence that the battery or battery pack in question has been designed exclusively for industrial or professional use.
Evidence distinguishing an industrial battery or battery pack from a portable battery pack may be shown in, for example, its shape, composition or performance.
UK Government Guidance Notes, published in May 2009, state 'We would strongly recommend, if a unique or bespoke battery is being placed on the market, that independent legal advice is sought in reaching a conclusion. The decision made could be challenged by the Secretary of State or the enforcement body acting on his behalf at any time'.
Environ recommends all companies should carry out a classification of its batteries and battery packs against the portable, industrial and automotive definitions.
