360 Environmental Limited - Batteries Regulations

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Batteries Regulations

Current position
Will you be affected?
How is it likely to work?
Targets
Data
Key requirements of the Batteries Directive
Likely timeline
What must you do?
Further information

Current position

The UK transpose the EU Batteries Directive into Regulations on 5 May. This should have been completed by 26 Sept 08, but only the single market provisions met the deadline.

DBIS (Department of Business, Innovation and Skills) and Defra have published Government Guidance Notes (6 May 2009) that should be used to understand how the Regulations will work inpractice

7 compliance schemes were given Approval by the Environment Agency on 30 September 2009. One of those (DHL) has withdrawn as a scheme as it did not have enough members. There are therefore 6 schemes currently operating with the following numbers of members (as of 21 June 2010):

Valpak - 154
ERP - 62
Budgetpack - 68
Batteryback - 55
Repic eBatt - 34
CCR - 32

Total - 405

There are a further 698 small producers registered with the Agencies and 188 purely automotive or industrial battery producers registered with BIS.

The EA publish a Public Register showing which producer is with which scheme

360 have produced a summary leaflet which explains the requirements of the Regulations.

Are you be affected?

If your business places batteries onto the UK market, you are a Batteries producer and must register. You are also a producer if you import products containing batteries.
If you sell portable batteries in the UK, you are also likely to be affected although only distributors (sellers) that sell more than 32kgs a year will have an obligation. This equates to approximately 24 AA batteries a week and includes those selling to businesses.

How will it work?

For portable batteries:

All producers (companies that place batteries onto the UK market - generally, battery importers) should have registered by 15 October 2009. For those at or below the threshold, they must register with one of the Agencies. For those above, they must register with a scheme.
Companies that import batteries for their own use will not be classed as producers
The threshold is 1 tonne. All producers will have to supply data but only those that place a quantity of batteries above the threshold will have to pay for the collection, treatment and recycling of batteries and contribute to communication with consumers.
Data must be supplied by 31 January 2010 for 2009 sales. Large producers must then supply data quarterly whilst small producers will only have supply data annually.
Batteries Compliance Schemes had to submit for approval by 31 May 2009 and undergo a rigourous verification process. 8 applied of which only one had their approval refused.
Schemes had to pay £17k to the Agency for approval, and must then pay £118k per annum for registration regardless of number of members plus £680 per member.
Tonnage collection targets will be applied to schemes based on the national targets imposed by the regulations – stepped annually up to 25% in 2012 – times the tonnage placed onto the market by its large members averaged over the previous two years. At this stage, there are no penalties proposed for failure to meet the interim targets for 2010 and 2011, but the 2012 targets are mandatory.
Schemes will have to set up arrangements to collect sufficient batteries to meet their targets. It is expected that there will be two main sources:
- Retailers – all retailers selling more that 32kgs of batteries a year will have to offer in store take back. They would then be expected to have arrangements with a scheme, but if they can’t agree, they are entitled to call a scheme – any scheme – to get their batteries collected. Retailer take back obligations will start on 1 Feb 2010.
- Local authorities – most civic amenity sites will have battery collection points and a number of LAs are also starting to separately collect batteries from households.
Treatment facilities – Batteries Treatment facilities and exporters will have to be approved.
Schemes must each operate a communications process for consumers that must be set out in their applications for approval.
Schemes will have to get their sums right as it unlikely there will be trading and schemes will therefore have to pay the costs for the collection and treatment of any batteries collected above their target requirements. If they under collect, they fail to comply although the targets for 2010 and 2011 are not enforceable.
Full producer responsibility for financing starts starts on 1 January 2010.
Retailer take back obligations start on 1 February 2010.
Storage and transport of batteries from retailers is affected by both the Hazardous Waste Regulations and the Carriage of Dangerous Goods requirements. Defra has brought out a comprehensive Guide.

For automotive and industrial batteries.

Producers must register direct to DBIS within 28 days of first placing batteries onto the UK market from 16 October.
If they are also a portable batteries producer, their A&I registration will be included with their portable batteries registration through either a scheme or direct to the Agencies.
By 1 December, A&I producers must publish a plan as to how end users may return their batteries free of charge.
From 1 January, producers must offer to take back spent batteries from those that hold them, be they the final user or an organisation that might have removed the battery such as a garage. In reality, the value of these types of batteries means that they are already collected through a commercial infrastructure.
These types of batteries are hazardous waste and, under the Regulations, are banned from landfill. End holders will therefore have to ensure that they are collected using consignment notes and are taken to aproved treatment facilities.
By 31 March in each year, producers must provide data to DBIS on the weight and chemistry of batteries placed on the market and spent batteries collected and sent for treatment.

Targets

The UK Regulations set specific targets for the collection of portable batteries relative to the amount placed on the market in the previous year. These have to be met by Schemes and therefore large producers. The targets in 2012 and 2016 - the Directive target years - are mandatory. Schemes that failto meet those targets are therefore committing and offence. In the other years, the targets are not mandatory, but schemes will be expected to meet the targets and could have their approval withdrawn if they do not.

Data

The EA now publish data relating to registered producers and the amount of batteries placed on the market and collected.

This shows the following:

In 2009, a total of 44,746 tonnes of portable batteries were placed on the market of which 44,140 were put on by large producers registered with schemes.

The figures for large producers are now published quarterly whilst those for small producers are only submitted - and therefore reported - annually.

For Q1 2010:

9,898 tonnes placed on the market
849 tonnes collected
504 tonnes received at treatment sites

Key requirements of the EU Batteries Directive

For portable batteries:

25% collection rate by end 2012 and 45% by end 2016
All collected batteries to be recycled
Recycling levels to be applied from 2011:
- 75% by average weight of nickel-cadmium batteries and accumulators, including recycling of the cadmium has to be recycled;
- Recycling of 50% by average weight of other waste batteries and accumulators
Producers responsible for financing of collection and recycling
Distributors (retailers) must take back batteries free of charge

For Industrial/automotive batteries

Ban on landfill and incineration – therefore all batteries to be recycled
Recycling rate of 65% to be achieved
Producers of industrial batteries to offer to take back free of charge
Producers of automotive batteries to take back free of charge where the disposal is not covered by the End of Life Vehicles (ELV) Regulations

Timeline

For portable batteries
- by 15 October - Large producers must register with a schemes
- within 28 days of becoming a producer from 15 October, small producers must register with one of the three environmental Agencies
- by 31 October - schemes must register members with the Agency
For Automotive and industrial batteries (unless registering as a portable batteries producer)
- within 28 days of becoming a producer from 16 October, register with DBIS
- By 1 December, publish takeback plans
1 January 2010 - producer financial obligations start
1 February 2010 - retailer takeback obligations start
31 January - schemes must submit member data to Agencies
31 March - automotive and industrial batteries producers must supply data to DBIS
Quarterly, by the end of each month following a quarter, schemes must submit data to the Agencies for batteries placed on the market by their members and for spent batteries collected.
Annually, by 31 January, small producers must submit data to the Agencies for batteries placed on the market in the previous year.

What must you do?

If your business imports portable batteries, either as batteries for onward sale to users or with electrical products - such as power tools, mobile phones, watches, cameras etc - you must register.

If you placed 1 tonne or less onto the UK market in 2009, you are a Small Producer and must register with the Environment Agency.

If you placed more than one tonne onto the UK market in 2009, you are a Large Producer and must register with one of the 7 approved Compliance Schemes.

If you business imports automotive or industrial batteries, again, either as products or part of products, you must register your company details.

If you also import portable batteries, you must include your industrial and automotive batteries registration at the same time as your portable batteries registration.

If you ONLY import industrial and automotive batteries, then you must register with DBIS although registration is done through the same system as a portable batteries.

Registration as a Small Producer, a Small Producer who is also an Industrial and Automotive Producer, or just as an Industrial and Automotive Producer must be done online through the Government's National Packaging Waste Database site here.

To register as a Small Producer will cost £30. Large Producers will have to pay at least a £680 EA fee plus a proportion of the £118k that the scheme has to pay the EA annually plus a membership fee.

360 Environmental has produced a Registration Guide and can register small producers and Industrial and Automotive producers for an all inclusive price of £200 per annum.