Legislation Update: The Batteries Directive and Environmental Liability Directive Tessa Bowering Environment Officer (Waste)

EU BATTERIES DIRECTIVE  The new batteries’ directive came into force on the 6th September  The Batteries and Accumulators (Placing on the Market) Regulations 2008 – coming into force on 26 th September Partially implement Directive.  New Directive affects any business, including manufacturers and importers, that sell batteries and accumulators in the EU.  It will also affect third parties involved in collecting, treating and recycling batteries as well as businesses that throw away waste batteries (some of which are classified as hazardous waste)  Applies to all types of batteries irrespective of their shape, weight, composition or use

2008 Regulations  Introduce heavy metal contents and labelling requirements in relation to new batteries and accumulators that are placed on the market as well as design requirements in relation to certain types of new electrical and electronic equipment  Regulations set out technical requirements which any persons wishing to place on the market new primary (single use) batteries and accumulators (rechargeable batteries) and appliances that may contain batteries and accumulators must comply with from 26 th September 2008.

Key Requirements  Material Prohibitions (Reg 4): restrictions on the use of mercury and cadmium in batteries  Labelling to aid recycling (Regs 5 & 6): crossed out wheeled bin symbol and markings to show batteries contain acceptable levels of mercury, cadmium and lead  Placing on the market: batteries that do not meet the requirements of the regulations should be prohibited from sale or withdrawn from the market; and  Removal of batteries (Reg 7): requirements that certain appliances be designed in such a way that waste batteries can be readily removed

Key Provisions of the Batteries Directive  Collection Targets  Collection Schemes  Financing  Prohibitions  Recycling efficiency targets  Background

Collection Targets  25% collection rate for waste portable household batteries to be 6 years after the regulations come into force. 45% collection rate to be met 10 years after entry into force  Prohibition of final disposal of automotive and industrial batteries into landfill and incineration (100% collection rate – all to be recycled)  All identifiable separately collected batteries to be recycled

Collection Schemes  For the return of used portable batteries to be established  FOC to end user  Financed by producers  Distributors required to take back portable batteries unless there is an existing scheme in place  Producer of industrial batteries are to provide free take back on all batteries from end users  Producers of automotive batteries are to set up collection schemes for spent automotive batteries not covered by ELV schemes

Prohibitions (dealt with under the Batteries and Accumulators (Placing on the Market) Regulations 2008)  Prohibition for placing on the market batteries that contain more than % of mercury by weight and of portable batteries that contain more than 0.002%of cadmium by weight  Exemptions for button cells containing mercury and for batteries containing cadmium – namely those that are used in emergency/alarm systems, medical equipment and cordless power tools.

Recycling efficiency targets (to be met by 2011)  65% by average weight of lead-acid batteries and accumulators including recycling of the lead has to be recycled  75% by average weight of ni-cad batteries and accumulators including recycling of the cadmium has to be recycled  Recycling of 50% by average weight of other waste batteries and accumulators

Financing  Producers of portable batteries (or third parties acting on their behalf) to finance the costs of recycling of all separately collected portable batteries  Producers and users of industrial and automotive batteries may conclude other financing arrangements  Producers (or third parties) required to fund consumer information campaigns

Battery Types  Portable (non-rechargeable): general purpose: alkaline manganese – digital camera, cordless phones, mini disc players, general purpose: zinc carbon and zinc chloride – clocks, toys, torches, cameras, portable audio devices, smoke detectors, door bells  Portable (rechargeable): NiCad sealed cell: mobile phones, cordless telephones, laptops  Automotive: Lead Acid – cars, trucks, automotives/motorcycle starter  Industrial: lead acid standby – alarm systems, computer back-up

 For further information  page30610.html.

Environmental Liability  Environmental Damage (Prevention and Remediation) Regulations will implement the Environmental Liability Directive  Regulations to come into force by the end of 2008  Regulations designed to protect EU protected species and natural habitats, surface water and ground water subject to EU legislation, and land  Apply to operators of activities already subject to environmental controls  Also apply to the manufacture, use, storage and transport of dangerous substances  Operators obligated to take all practical steps to prevent environmental damage  Reinforces ‘polluter pays’ principle – making operators financially liable for threats of or actual damage  Enforcement authorities able to serve a remediation order on the responsible operator in respect of environmental damage 

Compensating the Environment  Possible for polluters to ‘compensate’ the environment for temporary damage pending completion of clean-up operations (compensatory remediation) and for permanent damage which cannot be rectified (complementary remediation)  Remedial measures can include habitat and species restoration and the enhancement of other sites where the damaged site is irreparably damaged.  Most waste management operations will be subject to strict liability i.e no fault or negligence will be necessary for an operator to incur liability.  Operators will escape liability where environmental damage occurs as a result of activities which are carried out in accordance with the conditions of a permit. This is known as the ‘permit defence’. 

Thank You Tessa Bowering Please note: This presentation provides a summary of some but not all of the WEEE Directive’s requirements. It was written on 17 October You are advised to refer to the text of the Directive and subsequent UK Regulations. Commencement dates are subject to confirmation. Nothing in this presentation is intended to be a definitive statement of law.