Batteries can contain a number of substances harmful to the environment including cadmium and mercury. Until last year around 700 million batteries were landfilled in the UK each year, with just three per cent of the portable batteries sold into the UK market being recycled. In order to divert these batteries from landfill, new regulations under the Batteries Directive set strict targets for recycling them.
Bob Mead is Batteries Implementation Project Manager for the Environment AgencyEvery “producer” and “distributor” of batteries must now comply with these regulations. This terminology is key. The “producer” is not necessarily the battery manufacturer – it's whoever places it on the UK market for the first time. This can include wholesalers and retailers which import stock for sale. A “distributor” is anyone who supplies portable batteries on a professional basis to an end-user. This is usually a retailer but can include wholesalers for all or part of their business.
The crunch question is whether or not an individual or company is the first to bring a battery onto the UK market. It's their responsibility to find out.
The UK's target is to increase from recycling three per cent of portable batteries (2007 figures) to 25 per cent by 2012. The next target raises this figure to at least 45 per cent by 2016. This must all be in line with existing controls, such as Health and Safety, Carriage of Dangerous Goods, Environmental Permitting and Hazardous Waste.
“Hidden” batteries
The definition of producer also applies when batteries are within other products. It's easy – but not excusable in the eyes of the law – to forget that many products contain batteries. Some aren't immediately obvious, including solar lights, rechargeable torches, DVD players – and items with a clock or memory that works when the unit is unplugged, such as radios or iPods. Those who import such products are likely to be placing the batteries they contain on the UK market for the first time – and be a producer of batteries.
Portable battery producers fall into two groups: small or large. Small producers place one tonne or less of portable batteries onto the UK market annually. They don't have to pay for the collection and treatment of waste portable batteries but they must register with their local environment agency.
The deadline for doing this is within 28 days of the first date on which they place batteries on the UK market. By 1 December 2009 few more than 400 small producers of portable batteries had registered in England and Wales. This suggests many businesses have not yet complied even though it's quick, easy and free to register online.
Large producers place more than one tonne of portable batteries onto the UK market annually. They have to pay for the collection, treatment, recycling and disposal of waste batteries in proportion to their market share, by joining a Battery Compliance Scheme (BCS). The BCS registers them with the appropriate environment agency. The deadline for joining a BCS was 15 October 2009. By 1 December 2009, about 350 “large” producers of portable batteries had done so. This is good – but doesn't represent all large producers.
Distributor responsibilities
In the context of the Batteries Directive a distributor is anyone who supplies batteries on a professional basis to an end user.
Distributors selling over 32kg of portable batteries annually from any site must offer a battery take-back facility at that site from 1 February 2010. Batteries within products don't count within the 32kg. Distributors must accept any portable batteries, regardless of type or of any purchase by the person depositing. They don't have to pay for the transport and treatment of these batteries – BCSs have to collect them free.
Distributors selling less than 32kg to end users from any one site don't have to accept waste batteries there but they can choose to offer take-back facilities. BCSs aren't obliged to collect the waste batteries but they have to accept them free if delivered.
Only companies or individuals who are neither “producer” nor “distributor” escape responsibilities under the Directive.
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