Transcript Batteries Directive 2006/66/EC

Batteries Directive
2006/66/EC
Update
Batteries Working Group
21 March 2007
Including Proposed Amendment
COM(2007) 93 final
Format
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Background
Legal Basis, Scope & Definition
Objectives
Producer Obligations
Distributor/Retailer Obligations
Obligations of Economic Operators
De-minimis Provisions
Obligations on Member States
Where do we go from here?
Background
• Directive 91/157/EEC, on batteries and accumulators
containing certain dangerous substances as amended by
Directive 98/101/EC
– Limited scope (only 7% of the total portable battery market was
covered)
• Inefficiencies of national collection schemes
• Confusion for consumers
• Many differences between MS
• No collection or recycling targets at EU level to monitor
the efficiency of the national schemes
• Many batteries still ending up in landfill (in 2002: 45% of
the total amount of portable batteries sold in the EU-15 but
up to 99% landfilled in some MS).
Legal Basis
• Primary
– Article 175 – Minimising Environmental Impact, e.g.
• Maximise separate collection (Article. 7)
• Minimise disposal as mixed municipal waste (Art. 7)
• Minimum collection targets (Art. 10)
• Secondary
– Article 95 – Single Market – Harmonised
Requirements – Avoidance of Market Distortion, e.g. –
• Heavy metal content (Article 4)
• Labelling (Article 21)
Scope – Article 2
• Batteries and Accumulators regardless of –
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shape,
volume,
weight,
material composition, or
use
• Excludes –
– Military use & space exploration
Definition
• Directive 91/157/EEC
– Article 2
• 'battery or accumulator' means a source of
electrical energy generated by direct
conversion of chemical energy and
consisting of one or more primary (nonrechargeable) batteries or secondary
(rechargeable) cells, put on the market as
from 18 September 1992 and containing:
– more than 25 mg mercury per cell,
except alkaline manganese batteries,
– more than 0.025 % cadmium by
weight,
– more than 0.4 % lead by weight.
• Directive 2006/66/EC
– Article 3
• ‘battery’ or
‘accumulator’ means
any source of electrical
energy generated by
direct conversion of
chemical energy and
consisting of one or
more primary battery
cells (nonrechargeable) or
consisting of one or
more secondary battery
cells (rechargeable);
Objectives
• Batteries Directive 2006/66/EC
– Environmental objective: creation of a closedloop system for all batteries to avoid their
incineration or disposal in a landfill
– Internal market objective: establish minimum
rules for the proper functioning of the national
collection and recycling schemes
Environmental Objectives
• Maximise separate collection (Art. 7)
• Minimise disposal as mixed municipal
waste (Art. 7)
• Phased minimum collection targets (Art. 10)
• Minimum recycling efficiencies (Art. 12)
• Ban on landfilling/incineration of
automotive and industrial batteries (Art. 14)
Environmental Objectives
Article 10 – Collection Targets
• Minimum Collection Rates –
– 25% by 26 September 2012
– 45% by 26 September 2016
• National reporting requirements –
– by 6 months of year end
– Must indicate methodology
• MS may seek extension to time limits – specific
national circumstances – proposed be subject to
new regulatory procedure with scrutiny
Environmental Objectives
Article 14 – Disposal
• Prohibition from landfill and incineration
of –
– Waste industrial
– Automotive
batteries and accumulators
• Does not apply to residues following
treatment and recycling specified in Article
12
Internal Market Objectives
• Harmonisation of product requirements
(mercury restriction (Art. 4) and labelling
(Art. 21 and Annex II)
• Free movement (Art. 6) and exports (Art.
15)
• Minimum rules for producer responsibility
(Art. 16 and 17)
• Minimum rules to avoid free riders (Art. 19)
Internal Market Objectives
Article 4 – Prohibitions
• More than, by weight –
– 0.0005% of mercury – all
– 0.002% of cadmium – portables
• Exceptions –
– Button cells provided no more than 2% mercury
– Emergency and alarm systems, including emergency
lighting
– Medical equipment
– Cordless power tools
– To be reviewed by September 2010
Internal Market Objectives
Article 6 – Placing on the Market
• "placing on the market" means supplying or making
available, whether in return for payment or free of charge,
to a third party within the Community and includes import
into the customs territory of the Community;
• Prohibition on MS inhibiting, prohibiting or restricting the
placing of compliant batteries and accumulators on
national markets.
• MS must ensure from that non-compliant batteries and
accumulators are –
– not placed on the market
– withdrawn
Internal Market Objectives
Article 15 – Exports
• Treatment and recycling may take place
outside –
– MS concerned
– EU
• Waste batteries and accumulators treated
and recycled outside EU must follow
treatment specified in Article 12 to be
included in National Targets
Producer Obligations
• "producer" means any person in a Member State that,
irrespective of the selling technique used, including by
means of distance communication ... places batteries or
accumulators, including those incorporated into
appliances or vehicles, on the market for the first time
within the territory of that Member State on a professional
basis;
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Article 11 – Removal of Waste Batteries and Accumulators
Article 12 – Treatment and Recycling
Article 16 – Financing
Article 17 – Registration
Article 21 – Labelling
Producer Obligations
Article 11 – Removal of Waste Batteries and
Accumulators
• EEE design must enable removal of incorporated
batteries and accumulators
• Operating instructions must inform the user –
– Of the EEE of the type of batteries and accumulators
– How to remove incorporated batteries and accumulators
safely
• Exceptions –
• Continuity of power supply to ensure safety, performance,
medical or data integrity requires a permanent connection
Producer Obligations
Article 12 – Treatment and Recycling
• By 26 September 2009 producers to provide for treatment and
recycling using best available techniques (BAT)
• Batteries and accumulators collected with WEEE must be removed
• Specified recycling efficiencies to be achieved by 26 September 2011
– lead-acid batteries and accumulators, including lead recycling –
65%
– nickel-cadmium batteries and accumulators, including cadmium
recycling– 75%
– other waste batteries and accumulators – 50%.
• Provision to adapt Annex III (Detailed Treatment and Recycling
Requirements)
– proposed be subject to new regulatory procedure with scrutiny
Producer Obligations
Article 16 – Financing
• Producer obligation to finance the –
– Collection, treatment and recycling of all waste portable, industrial
and automotive batteries and accumulators
– Net costs associated with public information campaigns
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Applies irrespective when placed on the market
No multiple charging of producers
No “Visible Fee”
Allows producers and users of industrial and automotive
batteries and accumulators to agree financial arrangements
where take back is outside collection systems specified in
Article 8.
Producer Obligations
Article 17 – Registration
• Each producer must be registered
• Same procedural requirements in each MS
• Registration systems will require Technical
Adaptation Committee (TAC) approval
– proposed be subject to new regulatory
procedure with scrutiny
Producer Obligations
Article 21 – Labelling – “Wheeled Bin” & Chemical Symbols
• Obligation to display visibly, legibly and indelibly –
– already required by SI No. 262 of 1994
• “Wheeled Bin” symbol which must cover –
– 3% - max. 5cm X 5cm
– 1.5% - max. 5cm X 5cm for cylindrical cells (reduction from current
3% required by SI No. 262 of 1994)
– If less than 1cm X 1cm – symbol may be printed on packaging
• Batteries, accumulators and button cells containing more than –
– 0.0005 % mercury,
– 0.002 % cadmium or
– 0.004 % lead,
shall be marked with the chemical symbol for the metal concerned: Hg, Cd
or Pb – beneath the “Wheeled Bin” symbol
Producer Obligations
Article 21 – Labelling – Capacity
• Obligation to display visibly, legibly and indelibly
Capacity –
– 26 September 2009
• Portable
• Automotive
• Harmonised methods to be decided by TAC – 26 March 2009
– proposed be subject to new regulatory procedure with scrutiny
– Exemptions may be granted through TAC
• proposed be subject to new regulatory procedure with scrutiny
Distributor/Retailer Obligations
• "distributor" means any person that
provides batteries and accumulators on a
professional basis to an end-user;
• Article 8 – Collection Schemes
Distributor/Retailer Obligations
Article 8 – Collection Schemes
• End users must have access to collection systems
• Retailer take obligation
– No cost to the end user
– No obligation to purchase
• Alternative to in-store tack back is permitted, provided –
– “Existing” alternative system(s) proven to be as effective, and
– Assessment of “existing” alternative system(s) published
• Applies to Portable, Industrial and Automotive batteries
• Take back systems for household batteries may operate in
conjunction with take back systems for household WEEE.
Obligations of Economic
Operators
• "economic operators" means any producer,
distributor, collector, recycler or other
treatment operator;
• Article 19 – Participation
• Article 20 – Information for End Users
• Article 27 – Voluntary Agreements
Obligations of Economic Operators
Article 19 – Participation
• MS must ensure that all
– Economic operators (e.g. producers, distributors, collectors,
recyclers or other treatment operators
– Local authorities
may participate in collection and treatment systems
• Collection and treatment systems must apply to
imports from third countries and must be –
• Non-discriminatory and
• Not a barrier to trade
Obligations of Economic Operators
Article 20 – Information for End Users
• End users must be fully informed of –
– Effects on the environment and human health
– Desirability of not disposing waste batteries and accumulators as
mixed municipal waste
– Collection and recycling schemes available
– The publics’ role in contributing to recycling
– The meaning of –
• the crossed out “wheeled bin” symbol
• the chemical symbols Hg, Cd and Pb.
• Economic operators may be required to cover all costs
• Retailers to inform customers of take back systems
Obligations of Economic Operators
Article 27 – Voluntary Agreements
• Articles –
– 8 (Collection Schemes)
– 15 (Exports)
– 20 (Information for End Users)
may be transposed by voluntary agreement(s) between Department
and economic operators
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Enforceable
Specify objectives and deadlines
Published
Monitored
Reported to Commission
• MS must implement non-compliance by legislative, regulatory or
administrative measures.
De-minimis Provisions
Article 18 – Small Producers
• Producers placing “very small” quantities
on their National market may be exempted
from financial obligations provided –
• Does not impede proper functioning of
collection and recycling systems
• Approval is sought from the Commission
• Commission approves draft measures
Obligations on Member States
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Article 5 – Increased Environmental Performance
Article 7 – Objective
Article 9 – Economic Instruments
Article 13 – New Recycling Technologies
Article 22 – National Implementation Reports
Article 25 – Penalties
Article 26 – Transposition
Obligations on Member States
Article 5 – Increased Environmental Performance
• Obligation on MS which have
manufacturers on their territories to
– Promote research
– Encourage improvement in environmental
performance
– Development and marketing of batteries and
accumulators containing smaller quantities of
hazardous materials –
• Substitutes for mercury, cadmium and lead
Obligations on Member States
Article 9 – Economic Instruments
• Allows MS to use Economic Instruments
(e.g. levies, voluntary industry
contributions) to promote –
– Collection of waste batteries and accumulators
– Use of batteries and accumulators using less
polluting substances
• Such MS must notify Commission
Obligations on Member States
Article 13 – New Recycling Technologies
• Requirement on MS to –
– Encourage new treatment and recycling
technologies
– Promote research into environmentally friendly
and cost effective recycling methods
Obligations on Member States
Article 22 – National Implementation Reports
• MS report every 3 years – within 9 months of end period
– 1st report due 26 June 2013
– Cover period up to 26 September 2012
• Include –
– Developments including voluntary initiatives in reducing
hazardous substances
– New recycling and treatment techniques
– Economic operators' participation in environmental
management schemes
– Research
– Measures to promote waste prevention
Obligations on Member States
Article 25 – Penalties
• MS must notify Commission of penalties by
26 September 2008 and of subsequent
changes
• Penalties must be –
– Effective,
– Proportionate and
– Dissuasive.
• MS must ensure implementation
Obligations on Member States
Article 26 – Transposition
• Must be fully transposed by 26 September
2008
• Transposing legislation must be submitted
to the Commission
Where do we go from here?
• Issues?
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Manufacturers?
Importers?
Distributors?
Local authorities?
Consumers?
Waste management sector?
• What synergies can be utilised?
– Existing tack back systems?
– WEEE collection and registration systems?
• Key Dates and Time Frame?
• Consultation?
Key Dates
• 26 September 2007 – Methodology: Calculation of Portable Sales
• 26 September 2008 – Full Transposition to be completed
• 26 September 2009 – Producers to have Treatment and Recycling
Systems in place and Capacity to be displayed
• 26 March 2010 – Methodology: Calculation of Recycling Efficiencies
• 26 March 2010 – Detailed rules: Determination of Capacity
• 26 September 2010 – NiCd Review to be completed
• 26 September 2011 – Recycling Efficiencies to be Achieved (Art. 12)
• 26 September 2012 – 25% Collection Rate
• 26 September 2013 – First National Implementation Report Due
• 26 September 2016 – 45% Collection Rate
• 26 September 2017 – Commencement of Review of Directive’s Impact
Time Frame for Transposition
• March 2007 – Development of Implementation
Systems Commences
• September 2007 – Development of Draft
Legislation
• November 2007 – Public Consultation
• January 2008 – Review of Draft Legislation
Following Consultation
• March 2008 – Full Transposing Regulations
– Sufficient lead in time
• Registration system
• Take back scheme etc.
Way Forward?
• Plenary and 2 sub-groups
– Plenary to meet every 3 months?
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June 2007 (Progress)
September 2007 (Draft Legislation)
December 2007 (Public Consultation)
March 2008 (Transposition)
June 2008 (System Development)
September 2008 (Implementation)
– Sub-groups to meet monthly?
• Finance (Chaired by Industry?)
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Identification of Producers
Registration System
Market Share
Equitable Financing
• Collection (Chaired by Public Sector?)
– Take back
– Collection & Logistics
– Treatment
Over to You
Tour de Table?
Next Agenda Item
Identification – Key Tasks