Batteries power ahead

Earlier this week the Department for Business, Enterprise & Regulatory Reform published a second consultation document relating to implementation of the EU Batteries Directive, this time covering just the EU's Internal Market provisions.

The consultation includes draft Regulations to transpose the Internal Market provisions of the Directive into UK law that set out the requirements for placing new batteries and accumulators (rechargeable batteries), and appliances containing batteries, anywhere on the EU market. These will be effective from 26th September 2008.

The regulations will apply to all batteries - no matter their type or where they are manufactured, whether in the UK, the EU or imported into the EU from a third country. New batteries and accumulators that do not meet the requirements cannot be placed on the EU market on or after 26th September of this year.

The draft Regulations cover restrictions on the use of specific hazardous substances in the manufacture of new batteries and accumulators as well as labelling and marking requirements. Spent batteries will also need to be readily removable from appliances, unless safety or certain other considerations apply.

More specifically:

* The composition of new batteries and accumulators - the levels of mercury and cadmium used in their manufacturing are restricted; for example, portable batteries containing more than trace amounts of cadmium may not be placed on the market from 26th September this year, unless they are used in certain exempt appliances, such as cordless power tools.

* Labelling requirements - including the 'crossed out wheeled-bin' and the appropriate 'chemical symbol' to encourage end-users to separate spent batteries for collection and aid subsequent recycling.

* The removal of spent batteries from appliances - manufacturers will be required to design appliances in such a way that waste batteries and accumulators can be readily removed.

Energy Minister, Malcolm Wicks, said:

"These regulations will see that there is a limit to the use of hazardous substances in the manufacture of batteries, reducing their potential to harm human health and the environment as well as aiding recycling and the recovery of valuable resources.

"All businesses and persons involved in placing new batteries on the EU market need to be aware of these forthcoming changes. A broad range of interested parties responded to our previous consultation on the approach to implementing the Directive, and we are keen to hear from them again on this draft legislation."

The EU's Directive on Batteries and Accumulators and Waste Batteries and Accumulators (2006/66/EC) aims to reduce the environmental impact of portable, automotive and industrial batteries by increasing recycling and greening the supply chain that producers and distributes them. It applies to all types of batteries regardless of shape, volume, weight, material composition or use, except for military applications and space applications.

The UK Government is currently analysing responses from the initial consultation relevant to the waste provisions of the Directive, which ended on 13th March 2008 and will publish a Government response shortly. The Government will then bring forward draft Regulations and a further consultation document in the summer to implement the remaining provisions of the Directive (consultation document and draft Regulations for implementing the collection, treatment and recycling provisions of the Directive).

www.berr.gov.uk/consultations/index.html

15th May 2008