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What is the batteries legislation?

The background to this new Directive (Batteries and Accumulators and Waste Batteries and Accumulators Directive - 2006/66/EC) goes back to the Council Resolution of January 1988 on an EU Community action programme to combat environmental pollution by cadmium which stressed the limitation of the uses of cadmium to cases where suitable alternatives do not exist and the collection and recycling of batteries containing cadmium in the interests of the protection of human health and the environment. This was later transposed as the Batteries and Accumulators (containing certain dangerous substances) Directive 91/157/EEC of March 1991.

At the start of 2009 there will be national legislation in EU member states (Member States are required to have transposed the Directive into national law by 26 September 2008 and many have not to date including the UK) that will require used batteries to be collected and recycled. There are set targets which are very challenging. The targets are set at 25% by weight by 2012 (rising to 45% by Sep 2016) of all portable batteries placed on the market. At present the UK has a very poorly developed collection infrastructure for portable batteries and last year only 600 tonnes were collected or recycled. In order to meet the 25% target, this is going to have to increase to a staggering 7,500 tonnes by Sep 2012.

If 25% of portable batteries are indeed collected by 2012, they must all enter a recycling process, and 50% of the useful materials in those batteries must be recovered. From 2012, the most hazardous substances, such as cadmium, will have to be recovered in their entirety. The Batteries Directive applies to all types of batteries irrespective of their shape, weight, composition or use, except those used in certain military or space applications.

It seeks to improve the environmental performance of batteries and of the activities of all economic operators involved in the life cycle of batteries, e.g. producers, distributors and end users and, in particular, those operators directly involved in the treatment and recycling of waste batteries.

The Batteries Directive, in a similar way to the WEEE Directive, allows producers of industrial batteries and end users of batteries to come to alternative financing arrangements to deal with spent industrial batteries, provided these arrangements achieve the environmental aims of the Batteries Directive.

There is a prohibition on land filling and incineration of waste industrial and waste automotive batteries, which will mean that 100% must be diverted into treatment and recycling, in the UK or elsewhere.

Any batteries placed on the market on or after 26 September 2008 must comply with the composition and labelling requirements of the new Batteries Directive.

In summary, The Directive seeks to improve the environmental performance of batteries and accumulators and also to improve the performance of all stakeholders involved in the life cycle of batteries and accumulators, for example battery and accumulator producers, distributors and end- users and, in particular, those companies directly involved in the treatment and recycling of waste batteries and accumulators.