Background to the The Waste Batteries and Accumulators Regulations 2009
The Waste Batteries and Accumulators Regulations 2009 establish the scope of ‘producer responsibility’, making producers of batteries and accumulators responsible for separately collecting and recycling batteries and accumulators once they become waste. They aim to minimise the negative impacts of batteries and accumulators on the environment and improve collection and recycling rates.
The regulations cover three types of battery;
The Regulations set out the requirements for a system of producer responsibility for the separate collection, treatment and recycling of waste portable batteries, often managed by Battery Compliance Schemes (BCS), who take on that responsibility.
There is a ban on the disposal of waste industrial and automotive batteries by landfill or incineration. Producers of these types of battery are required to arrange for their separate collection, with treatment and recycling only being carried out by approved facilities or approved exporters.
The background EU Directive (Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators) aims to ensure that the cost of separately collecting, treating and recycling waste batteries is borne by battery producers, and that collection and recycling rates are improved. In 2009, the UK placed approximately 30,000 tonnes of portable batteries on the market annually, of which approximately 3% were sent for recycling. The Directive aimed to increase the level of waste portable battery recycling to collect at least 25% of waste portable batteries by 2012 for recycling, increasing to 45% by 2016. In contrast, the UK currently achieved a recycling rate of 90-95% of the approximately 200,000 tonnes of industrial and automotive batteries that are placed on the market annually. Waste portable batteries are not normally classified as hazardous waste (unless mixed), but industrial and automotive batteries are. Consequently, the Directive established a ban on the disposal of waste industrial and automotive batteries by landfill or incineration. In effect, creating a 100% separate collection and recycling target for these types of waste batteries.
The Regulations introduce the system of producer responsibility for the separate collection, treatment and recycling of waste industrial and waste automotive batteries in the UK. The Regulations underpin and build upon current activity in order to achieve compliance with the Directive’s prohibition on the disposal of these types of untreated waste batteries. Producers of industrial and automotive batteries are required to arrange (where necessary) for the separate collection, treatment and recycling of waste industrial batteries from end-users, and waste automotive batteries from ‘final holders’ respectively. In both cases, producers must ensure that waste batteries for which they have taken responsibility are treated and recycled by an approved facility or sent for treatment or recycling by an approved exporter.
The Regulations also sets up a system of producer responsibility for the separate collection, treatment and recycling of waste portable batteries. Most producers of portable batteries will finance collection and recycling of waste portable batteries by joining a Battery Compliance Scheme (BCS). The BCS will take on responsibility for meeting the Directive’s targets on behalf of its members. Distributors of portable batteries are required to collect waste portable batteries instore and have a right to call on BCSs to ensure pick up of those batteries. BCSs will also carry out publicity aimed at end-users on how they can return waste portable batteries for recycling. BCSs will also be required to accept waste batteries for recycling from competent public authorities and economic operators. Small producers and distributors have exemptions from some or all of the regulations requirements. Finally, the instrument provides that the treatment and recycling of waste batteries meet standards set out in the Directive.
