Further battery regulation delay prompts fears over targets

The UK began to transpose the EU Batteries Directive in September, with the introduction of regulations for producers placing portable batteries on the market (see letsrecycle.com story) and the government announced in July 2008 that a multiple compliance scheme system would be used for producers to meet their obligations under the Directive (see letsrecycle.com story).

But, the second set of regulations which will help the UK work towards the EU target of collecting 25% of waste batteries by 2012 and 45% by 2016, still need to be published in draft form for consultation.

Within the sector it had previously been hoped that the regulations – which will make producers responsible for collection, treatment and recycling of batteries – would come into effect at some point in 2009.

A spokeswoman for BERR has told letsrecycle.com that the current timeline for the regulations means that while they will be implemented in spring 2009, the first compliance period will not start until 1 January 2010.

“The plan is to launch the consultation and draft regulations in the very near future,” she said, adding “we don't yet have a specific date set although we hope it will be before the end of the year.”

And, as a result, she explained that “the plan is then to lay the regulations in spring 2009 and they would then come into effect the following year, subject to various parliamentary procedures”.

Consternation

The news that regulations are not expected to come into force until 2010 has prompted consternation within the battery recycling sector, with Michael Green, managing director for Darlaston-based battery recycling firm G&P Batteries, telling letsrecycle.com that the situation was “a crying shame”.

The UK currently collects and recycles just 3% of its waste portable batteries and Mr Green warned that the delay could put the UK's chances of achieving the 2012 target for battery collections at risk.

“There's always a chance but it just gets harder and harder,” he said. “I'd go as far as to say that it's hard to see us reaching that 2012 target.”

And, the effect of the delay on the UK's ability to reach its targets was also acknowledged the director of the British Battery Manufacturers Association (BBMA), Warwick Smith.

“It was never going to be easy for the UK to hit the 25% target from effectively a standing start. Delay will obviously make that more difficult,” he told letsrecycle.com.

Benefits

However, some within the sector have suggested that the drawn-out implementation of the second set of regulations could offer benefits for the battery recycling system in the long-run.

Duncan Simpson, director of marketing for Valpak, which established a pre-compliance scheme for battery manufacturers in September 2007 (see letsrecycle.com story), claimed that waiting until 2010 would give newly established producer compliance schemes “more time to plan and more time to execute” as they went through the approvals process.

“Our view is that it has some strength to it; it gives schemes more time to prepare and have plans in place,” he said, explaining that it could allow schemes to sign longer-term contracts with producers than had been the case with the WEEE system.

And, the BBMA's director, Mr Smith, also saw potential benefits for the drawn-out introduction of the regulations.

“It's more important to get the system right and we hope that the delay leads to the Government's proposals being more effective and cost-effective than they otherwise would be,” he said.

And, with producers responsible for financing the system, he added: “This is even more important in the current economic climate when it's crucially important that families do not have to pay more than they need for essential household items such as batteries.”

Hurdles

Despite this, Mr Green warned that further hurdles remained if the UK was to meet the target, stressing that “the biggest problem is the education of the public”.

“We've got a long way to go educating the public, that yes it makes sense to recycle batteries and which batteries are best for which application,” he said.

He also warned compliance schemes against not using all the collection methods at their disposal, explaining that: “Every sort of place has a role to play; the compliance schemes ignore any particular sector at their peril. If compliance schemes cherry-pick then we're not going to reach the targets.”

And, with the Waste & Resources Action Programme having recently published the results of its battery collection trials (see letsrecycle.com story), Mr Green was critical of the effect it could have in the long-term if these collections were discontinued.

“I know funding is stopping in some areas, what message is that sending to residents in those areas, if they're going to start them again a year later?” he asked.