We already have a Batteries Directive which dates back to 1991, but the European Commission has decided that legislation which only covers 7% of the market and relates to certain environmental requirements and aspects of product design is not enough. Therefore Directive 91/157 is to be replaced by a new Batteries Directive which is intended to come into force on 26 September 2008.

The Batteries Directive

After this date, batteries and products which contain batteries must meet the new requirements or they cannot be placed on the market. So what are the new requirements?

From AMDEA's point of view, the Directive applies to equipment containing batteries and it places an obligation to facilitate their removal.  These matters are common across Europe, and are quite well-defined in the Directive, so implementation of these aspects, and the maximum concentration values for certain chemicals, should be fairly straightforward. As with WEEE, the difficult part is the implementation of the 'producer responsibility' aspects and collection of waste batteries. In the UK,  BERR (Department for Business Enterprise Regulatory Reform), Defra and the devolved administrations in Scotland, Wales and Northern Ireland have all entered into 'consultation' with interested parties including AMDEA. Already by 13 March 2008, Defra and BERR require responses to the consultation.

The declared aims of the Directive are to restrict the uses of mercury and cadmium, impose some labelling requirements and achieve minimum figures for collection and recycling; 25% collection by September 2012, 45% by September 2016. There will be a ban on disposal of batteries by landfill or incineration, and efficiency standards will be imposed on recycling and waste treatment.

But, as always, the devil lies in the detail.

Producers will take on various responsibilities, and this group includes not only battery manufacturers but also private label owners, manufacturers of products containing batteries and those that import both batteries and products containing batteries into the UK.

On the manufacturing side, the new legislation will cover products which have rechargeable batteries (called accumulators in the Directive but sometimes also termed as secondary cells), such as hand-held vacuum cleaners or electric tooth brushes. Also affected will be companies which supply "ordinary batteries" (primary cells), for example in remote controls.

Implications for retailers

Meanwhile, it is suggested that retailers will be expected to take back batteries of all types. This is burdensome, and I wonder what it might do to insurance premiums given that damaged cells leak nasty electrolyte and shorting out cells with a residual charge could be a fire risk.  The consultation poses a question whether small retailers should be exempt from the need to collect batteries, so perhaps IER readers would like to make their views known to the Government?

And, of course, if retailers import batteries from outside the EU, they become producers and must register and pay for disposal. As with the WEEE Directive, the European Commission envisages a system of registered Compliance Schemes, with all the paperwork that goes with this.

All sorts of interesting scenarios loom. Will some manufacturers seek to reduce their liability by not supplying batteries any more, making it the retailer's responsibility to stock and supply them?

Finally, the draft Directive has a requirement that batteries must be able to be removed by users. This is of primary concern to manufacturers, but how long will it be before retailers are asked by their customers how to remove the battery on "that rechargeable food mixer I purchased last month"!

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