Batteries Directive 2006/66/EC Update Batteries Working Group 21 March 2007 Including Proposed Amendment COM(2007) 93 final

Format Background Legal Basis, Scope & Definition Objectives Producer Obligations Distributor/Retailer Obligations Obligations of Economic Operators De-minimis Provisions Obligations on Member States Where do we go from here?

Background Directive 91/157/EEC, on batteries and accumulators containing certain dangerous substances as amended by Directive 98/101/EC –Limited scope (only 7% of the total portable battery market was covered) Inefficiencies of national collection schemes Confusion for consumers Many differences between MS No collection or recycling targets at EU level to monitor the efficiency of the national schemes Many batteries still ending up in landfill (in 2002: 45% of the total amount of portable batteries sold in the EU-15 but up to 99% landfilled in some MS).

Legal Basis Primary –Article 175 – Minimising Environmental Impact, e.g. Maximise separate collection (Article. 7) Minimise disposal as mixed municipal waste (Art. 7) Minimum collection targets (Art. 10) Secondary –Article 95 – Single Market – Harmonised Requirements – Avoidance of Market Distortion, e.g. – Heavy metal content (Article 4) Labelling (Article 21)

Scope – Article 2 Batteries and Accumulators regardless of – –shape, –volume, –weight, –material composition, or –use Excludes – –Military use & space exploration

Definition Directive 91/157/EEC –Article 2 'battery or accumulator' means a source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary (non- rechargeable) batteries or secondary (rechargeable) cells, put on the market as from 18 September 1992 and containing: –more than 25 mg mercury per cell, except alkaline manganese batteries, –more than % cadmium by weight, –more than 0.4 % lead by weight. Directive 2006/66/EC –Article 3 ‘battery’ or ‘accumulator’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non- rechargeable) or consisting of one or more secondary battery cells (rechargeable);

Objectives Batteries Directive 2006/66/EC –Environmental objective: creation of a closed- loop system for all batteries to avoid their incineration or disposal in a landfill –Internal market objective: establish minimum rules for the proper functioning of the national collection and recycling schemes

Environmental Objectives Maximise separate collection (Art. 7) Minimise disposal as mixed municipal waste (Art. 7) Phased minimum collection targets (Art. 10) Minimum recycling efficiencies (Art. 12) Ban on landfilling/incineration of automotive and industrial batteries (Art. 14)

Environmental Objectives Article 10 – Collection Targets Minimum Collection Rates – –25% by 26 September 2012 –45% by 26 September 2016 National reporting requirements – –by 6 months of year end –Must indicate methodology MS may seek extension to time limits – specific national circumstances – proposed be subject to new regulatory procedure with scrutiny

Environmental Objectives Article 14 – Disposal Prohibition from landfill and incineration of – –Waste industrial –Automotive batteries and accumulators Does not apply to residues following treatment and recycling specified in Article 12

Internal Market Objectives Harmonisation of product requirements (mercury restriction (Art. 4) and labelling (Art. 21 and Annex II) Free movement (Art. 6) and exports (Art. 15) Minimum rules for producer responsibility (Art. 16 and 17) Minimum rules to avoid free riders (Art. 19)

Internal Market Objectives Article 4 – Prohibitions More than, by weight – –0.0005% of mercury – all –0.002% of cadmium – portables Exceptions – –Button cells provided no more than 2% mercury –Emergency and alarm systems, including emergency lighting –Medical equipment –Cordless power tools –To be reviewed by September 2010

Internal Market Objectives Article 6 – Placing on the Market "placing on the market" means supplying or making available, whether in return for payment or free of charge, to a third party within the Community and includes import into the customs territory of the Community; Prohibition on MS inhibiting, prohibiting or restricting the placing of compliant batteries and accumulators on national markets. MS must ensure from that non-compliant batteries and accumulators are – –not placed on the market –withdrawn

Internal Market Objectives Article 15 – Exports Treatment and recycling may take place outside – –MS concerned –EU Waste batteries and accumulators treated and recycled outside EU must follow treatment specified in Article 12 to be included in National Targets

Producer Obligations "producer" means any person in a Member State that, irrespective of the selling technique used, including by means of distance communication... places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis; Article 11 – Removal of Waste Batteries and Accumulators Article 12 – Treatment and Recycling Article 16 – Financing Article 17 – Registration Article 21 – Labelling

Producer Obligations Article 11 – Removal of Waste Batteries and Accumulators EEE design must enable removal of incorporated batteries and accumulators Operating instructions must inform the user – –Of the EEE of the type of batteries and accumulators –How to remove incorporated batteries and accumulators safely Exceptions – Continuity of power supply to ensure safety, performance, medical or data integrity requires a permanent connection

Producer Obligations Article 12 – Treatment and Recycling By 26 September 2009 producers to provide for treatment and recycling using best available techniques (BAT) Batteries and accumulators collected with WEEE must be removed Specified recycling efficiencies to be achieved by 26 September 2011 –lead-acid batteries and accumulators, including lead recycling – 65% –nickel-cadmium batteries and accumulators, including cadmium recycling– 75% –other waste batteries and accumulators – 50%. Provision to adapt Annex III (Detailed Treatment and Recycling Requirements) –proposed be subject to new regulatory procedure with scrutiny

Producer Obligations Article 16 – Financing Producer obligation to finance the – –Collection, treatment and recycling of all waste portable, industrial and automotive batteries and accumulators –Net costs associated with public information campaigns Applies irrespective when placed on the market No multiple charging of producers No “Visible Fee” Allows producers and users of industrial and automotive batteries and accumulators to agree financial arrangements where take back is outside collection systems specified in Article 8.

Producer Obligations A rticle 17 – Registration Each producer must be registered Same procedural requirements in each MS Registration systems will require Technical Adaptation Committee (TAC) approval –proposed be subject to new regulatory procedure with scrutiny

Producer Obligations Article 21 – Labelling – “Wheeled Bin” & Chemical Symbols Obligation to display visibly, legibly and indelibly – –already required by SI No. 262 of 1994 “Wheeled Bin” symbol which must cover – –3% - max. 5cm X 5cm –1.5% - max. 5cm X 5cm for cylindrical cells (reduction from current 3% required by SI No. 262 of 1994) –If less than 1cm X 1cm – symbol may be printed on packaging Batteries, accumulators and button cells containing more than – – % mercury, –0.002 % cadmium or –0.004 % lead, shall be marked with the chemical symbol for the metal concerned: Hg, Cd or Pb – beneath the “Wheeled Bin” symbol

Producer Obligations Article 21 – Labelling – Capacity Obligation to display visibly, legibly and indelibly Capacity – –26 September 2009 Portable Automotive Harmonised methods to be decided by TAC – 26 March 2009 –proposed be subject to new regulatory procedure with scrutiny –Exemptions may be granted through TAC proposed be subject to new regulatory procedure with scrutiny

Distributor/Retailer Obligations "distributor" means any person that provides batteries and accumulators on a professional basis to an end-user; Article 8 – Collection Schemes

Distributor/Retailer Obligations Article 8 – Collection Schemes End users must have access to collection systems Retailer take obligation –No cost to the end user –No obligation to purchase Alternative to in-store tack back is permitted, provided – –“Existing” alternative system(s) proven to be as effective, and –Assessment of “existing” alternative system(s) published Applies to Portable, Industrial and Automotive batteries Take back systems for household batteries may operate in conjunction with take back systems for household WEEE.

Obligations of Economic Operators "economic operators" means any producer, distributor, collector, recycler or other treatment operator; Article 19 – Participation Article 20 – Information for End Users Article 27 – Voluntary Agreements

Obligations of Economic Operators Article 19 – Participation MS must ensure that all –Economic operators (e.g. producers, distributors, collectors, recyclers or other treatment operators –Local authorities may participate in collection and treatment systems Collection and treatment systems must apply to imports from third countries and must be – Non-discriminatory and Not a barrier to trade

Obligations of Economic Operators Article 20 – Information for End Users End users must be fully informed of – –Effects on the environment and human health –Desirability of not disposing waste batteries and accumulators as mixed municipal waste –Collection and recycling schemes available –The publics’ role in contributing to recycling –The meaning of – the crossed out “wheeled bin” symbol the chemical symbols Hg, Cd and Pb. Economic operators may be required to cover all costs Retailers to inform customers of take back systems

Obligations of Economic Operators Article 27 – Voluntary Agreements Articles – –8 (Collection Schemes) –15 (Exports) –20 (Information for End Users) may be transposed by voluntary agreement(s) between Department and economic operators Voluntary agreements must – –Enforceable –Specify objectives and deadlines –Published –Monitored –Reported to Commission MS must implement non-compliance by legislative, regulatory or administrative measures.

De-minimis Provisions Article 18 – Small Producers Producers placing “very small” quantities on their National market may be exempted from financial obligations provided – Does not impede proper functioning of collection and recycling systems Approval is sought from the Commission Commission approves draft measures

Obligations on Member States Article 5 – Increased Environmental Performance Article 7 – Objective Article 9 – Economic Instruments Article 13 – New Recycling Technologies Article 22 – National Implementation Reports Article 25 – Penalties Article 26 – Transposition

Obligations on Member States Article 5 – Increased Environmental Performance Obligation on MS which have manufacturers on their territories to –Promote research –Encourage improvement in environmental performance –Development and marketing of batteries and accumulators containing smaller quantities of hazardous materials – Substitutes for mercury, cadmium and lead

Obligations on Member States Article 9 – Economic Instruments Allows MS to use Economic Instruments (e.g. levies, voluntary industry contributions) to promote – –Collection of waste batteries and accumulators –Use of batteries and accumulators using less polluting substances Such MS must notify Commission

Obligations on Member States Article 13 – New Recycling Technologies Requirement on MS to – –Encourage new treatment and recycling technologies –Promote research into environmentally friendly and cost effective recycling methods

Obligations on Member States Article 22 – National Implementation Reports MS report every 3 years – within 9 months of end period –1 st report due 26 June 2013 –Cover period up to 26 September 2012 Include – –Developments including voluntary initiatives in reducing hazardous substances –New recycling and treatment techniques –Economic operators' participation in environmental management schemes –Research –Measures to promote waste prevention

Obligations on Member States Article 25 – Penalties MS must notify Commission of penalties by 26 September 2008 and of subsequent changes Penalties must be – –Effective, –Proportionate and –Dissuasive. MS must ensure implementation

Obligations on Member States Article 26 – Transposition Must be fully transposed by 26 September 2008 Transposing legislation must be submitted to the Commission

Where do we go from here? Issues? –Manufacturers? –Importers? –Distributors? –Local authorities? –Consumers? –Waste management sector? What synergies can be utilised? –Existing tack back systems? –WEEE collection and registration systems? Key Dates and Time Frame? Consultation?

Key Dates 26 September 2007 – Methodology: Calculation of Portable Sales 26 September 2008 – Full Transposition to be completed 26 September 2009 – Producers to have Treatment and Recycling Systems in place and Capacity to be displayed 26 March 2010 – Methodology: Calculation of Recycling Efficiencies 26 March 2010 – Detailed rules: Determination of Capacity 26 September 2010 – NiCd Review to be completed 26 September 2011 – Recycling Efficiencies to be Achieved (Art. 12) 26 September 2012 – 25% Collection Rate 26 September 2013 – First National Implementation Report Due 26 September 2016 – 45% Collection Rate 26 September 2017 – Commencement of Review of Directive’s Impact

Time Frame for Transposition March 2007 – Development of Implementation Systems Commences September 2007 – Development of Draft Legislation November 2007 – Public Consultation January 2008 – Review of Draft Legislation Following Consultation March 2008 – Full Transposing Regulations –Sufficient lead in time Registration system Take back scheme etc.

Way Forward? Plenary and 2 sub-groups –Plenary to meet every 3 months? June 2007 (Progress) September 2007 (Draft Legislation) December 2007 (Public Consultation) March 2008 (Transposition) June 2008 (System Development) September 2008 (Implementation) –Sub-groups to meet monthly? Finance (Chaired by Industry?) –Identification of Producers –Registration System –Market Share –Equitable Financing Collection (Chaired by Public Sector?) –Take back –Collection & Logistics –Treatment

Over to You Tour de Table? Next Agenda Item Identification – Key Tasks