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Government backtracks over batteries guidance

By Will Date

Plans to amend a discrepancy in the definition of portable waste batteries said to be skewing the UKs progress towards EU battery recycling targets have been pushed back after an error in Defra’s consultation on changes to legislation.

Portable batteries are the only category to which a recycling target has been attached, and in the UK are classified as any battery which is sealed, can be hand-carried without difficulty and is neither for automotive nor industrial purposes.

The government is now likely to restart its consultation on the classification of lead acid batteries in 2014
The government is now likely to restart its consultation on the classification of lead acid batteries in 2014

Battery recyclers have long argued that as they are often unaware of the original use of some lead acid batteries, it is impossible to determine if they fall into the industrial or portable classification.

As a result, many are reported as portable, inflating the number of lead acid batteries that are counted toward recycling targets compared to the amount placed on the market by producers.

Proposals put out for consultation in the summer jointly by BIS, Defra, Environment Agency and the Welsh, Scottish and Northern Irish administrations sought to amend the definition to give a more specific classification for portable batteries (see letsrecycle.com).

Consultation

The proposed definition stated that batteries would only be classed as portable if they fall under a 3kg threshold- unlike the existing definition in which they are required to be hand-carriable to qualify.

However, last week it was revealed that the government will be restarting the consultation on the proposals in Spring 2014, after an error in figures within the consultation documents – believed to relate to the resulting change in the compliance cost for producers was discovered.

‘It is extremely frustrating and it means that the UK is completely isolated in Europe as relying so heavily on lead acid batteries to meet its targets. If we look at the period from 2010 to 2013 the collection target has increased significantly, but the actual tonnage of cadmium and other batteries has fallen every year.’

Michael Green, G&P Batteries

In an announcement on the National Packaging Waste Database website, the government said: Further to our consultation on Government Guidance on the Waste Batteries and Accumulators which closed on 10 September 2013, it was bought to our attention that there was an error in the supporting data.

Taking into account the consultation responses received thus far, Defra are in the process of revising the consultation document and costs analysis on the proposed changes to the definition of a portable battery.

Targets

The u-turn on the consultation has caused concern within the battery recycling industry, with some claiming that the UK is continuing to meet its mandatory EU recycling targets with a disproportionate level of lead acid batteries, with a solution still some way away.

Michael Green, managing director of battery recycling firm G&P Batteries said that the governments continued inability to amend the definition of portable batteries was proving to be embarrassing for the UK, with other EU countries having managed to avoid a similar situation.

He said: The situation is absolutely absurd. The fact that the consultation is running next spring means that if they are going to change the hand-carriable weight it will be mid year next year at the earliest meaning that this situation has dragged on and on for over two years.

It is extremely frustrating and it means that the UK is completely isolated in Europe as relying so heavily on lead acid batteries to meet its targets. If we look at the period from 2010 to 2013 the collection target has increased significantly, but the actual tonnage of cadmium and other batteries has fallen every year.

Investment

Mr Green also commented that the delay in the change in definition was creating a barrier to investment in battery recycling infrastructure, as the legislation does not currently encourage recyclers to increase the volume of batteries they collect.

He added: Given the amount of investment we have put in place to try and treat the volume of batteries that would be needed to meet the target it is very frustrating, and nobody is going to build the facilities that are needed if that tonnage is not available.

Collection data for portable batteries published in September showed that the UK had so far exceeded its 30% statutory recycling target for the first half of 2013, but around 87% of the total supply came from lead acid batteries, despite making up only 7% of the obligation (see letsrecycle.com story).

The data also showed that the overall tonnage of Ni-Cd and Other chemistries of waste portable battery which make up the vast proportion of those placed onto the market had actually fallen when compared to the same period in the previous year.

Data showing the collection rate for each of the different battery chemistries
Data showing the collection rate for each of the different battery chemistries

However, others including Robbie Staniforth, key account specialist at compliance scheme Budget Pack have welcomed the news that the government has delayed its revision of the legislation.

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NPWD batteries notice

He said: We’re glad to hear that the government has listened to us and not rushed their final decision. We released a successful survey to obtain feedback from our members earlier this year and will be doing the same once the new consultation is released in springtime. We welcome our members’ opinions so we can represent their best interests.

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