QUESTIONS AND ANSWERS
ON THE
NEW BATTERY DIRECTIVE
TABLE OF CONTENT
1.
EXISTING BATTERY LEGISLATION .................................................................... 3
What is the existing Community legislation on batteries? ................................ 3
Why do we need a new Directive? .................................................................... 3
What is the scope of the new Battery Directive? .............................................. 3
The existing Battery Directive already covered the hazardous
batteries. Why is necessary to extend this scope to all
batteries?.............................................................................................. 3
2.
CONTENT OF THE DIRECTIVE ............................................................................. 4
Objective ..................................................................................................................... 4
What is the objective of the Directive? ............................................................. 4
What is the environmental problem addressed by the Directive? ..................... 4
How is the environmental problem addressed?................................................. 4
What is the internal market problem? ............................................................... 5
How is this internal market aspect addressed?.................................................. 5
Preventive measures .................................................................................................... 5
What preventive measures are proposed? ......................................................... 5
Collection .................................................................................................................... 6
What are the proposed collection requirements? .............................................. 6
What are the proposed collection targets?......................................................... 6
Why is there no collection target for industrial and automotive
batteries?.............................................................................................. 6
What is the current situation in new Member States? Will they be able
to achieve the proposed collection target? .......................................... 6
Recycling..................................................................................................................... 7
Why should we recycle batteries? ..................................................................... 7
Could you give an estimate of those resource savings? .................................... 7
Could you give an example of the energy savings related to the use of
recycled metals in batteries?................................................................ 7
What are the recycling targets? ......................................................................... 7
How did you determine the proposed percentages? .......................................... 8
What is mandatory and what is indicative in the Directive?............................. 8
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
Office: BU 5 5/120. Telephone: direct line (32-2) 2990295.
Financing ..................................................................................................................... 8
Who will pay for the collection and treatment requirements you
propose?............................................................................................... 8
Who is regarded a battery producer?................................................................. 8
Why did the Commission propose a different definition of “battery
producer”? ........................................................................................... 9
Experience with the WEEE Directive has shown that producer
responsibility requirements can be quite burdensome for
small producers. How do you deal with small producers under
the Battery Directive?.......................................................................... 9
Do you deal with the free rider problem which exists on the battery
market? ................................................................................................ 9
Implementation.......................................................................................................... 10
Can the Directive be transposed on the basis of environmental
agreements with industry?................................................................. 10
When do the collection targets enter into force?............................................. 10
When do the recycling requirements enter into force?.................................... 10
How long do Member States have to implement the requirements of
this Directive?.................................................................................... 10
What are the costs to implement this Directive............................................... 10
3.
PROPOSED MEASURES ACCORDING TO BATTERY TYPE........................... 10
What are the different batteries types? ............................................................ 10
Which batteries are the most harmful?............................................................ 11
What specific measures apply to portable batteries and accumulators? ......... 11
What additional measures are taken for the ‘hazardous’ portable
batteries?............................................................................................ 11
What specific measures apply to industrial batteries?..................................... 12
What specific measures apply to automotive batteries?.................................. 12
4.
LINK WITH OTHER PIECES OF LEGISLATION ................................................ 12
What is the relationship between this Directive and the ELV Directive......... 12
What is the relationship between this Directive and the WEEE/RoHS
Directive? .......................................................................................... 12
What is the relationship between this Directive and IPP?............................... 13
What is the relationship between this Directive and the Thematic
Strategy on Sustainable use of Resources? ....................................... 13
What is the relationship between this Directive and the Recycling
Strategy? ............................................................................................ 13
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1.
EXISTING BATTERY LEGISLATION
What is the existing Community legislation on batteries?
Directive 91/157/EEC has a limited scope since it only applies to batteries with a certain
mercury, cadmium and lead content. Those batteries are classified as ‘hazardous waste’ on
the basis of the European Waste List. This Directive only covers 7% of all portable
batteries placed on the EU market annually.
– This has hindered the setting up of efficient national collection and recycling schemes.
– Consumers have been confused by what to collect and not to collect and have
therefore not tended to participate in the national collection schemes.
It requires Member States to set up efficient collection schemes for the batteries covered by
this Directive.
But it does not set a collection target in order to monitor the efficiency of the national
collection schemes.
It has restricted the use of mercury in batteries.
After collection, it requires batteries to be recovered or disposed of.
Why do we need a new Directive?
Existing Community legislation on batteries has failed to adequately control the risks posed
by batteries in the waste stream and to create a homogeneous framework for battery
collection and recycling.
Consequently, today, many batteries still end up in the environment. For example, in 2002,
approximately 45 % of the total amount of portable batteries sold in the EU-15 (i.e. 72.155
tonnes) went to final disposal operations, i.e. landfilling/incineration.
Moreover, a homogeneous framework for battery collection and recycling is needed, in
particular as regards financing in order to avoid free riders on the market and to create a
level playing field for all the actors involved.
What is the scope of the new Battery Directive?
The new Directive applies to all batteries and accumulators placed on the Community
market.
In line with Article 2(3) of the WEEE Directive, batteries and accumulators which are
used in equipment connected with the protection of the essential security interests of the
Member States are excluded from the scope.
The existing Battery Directive already covered the hazardous batteries. Why is necessary
to extend this scope to all batteries?
The new Directive has to apply to all batteries because:
– all batteries contain substances which are more of less harmful to the environment;
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– experience with the existing Battery Directive has shown that ‘all battery’ collection
schemes are more efficient than separate schemes for certain types of portable
batteries;
– all batteries contain metals which are recyclable, so collection and recycling of all
batteries helps save resources in conformity with Article 174 of the EC Treaty.
2.
CONTENT OF THE DIRECTIVE
Objective
What is the objective of the Directive?
The objective of the Directive is twofold:
1. To contribute to a high level of environmental protection; and
2. To contribute to the proper functioning of the internal market.
What is the environmental problem addressed by the Directive?
There are environmental concerns about the waste management of batteries and
accumulators, because of the metals they contain.
– Mercury, lead and cadmium are by far the most problematic substances in the battery
waste stream since they classified as hazardous waste by Commission Decision
2000/532/EC.1
– Other metals used in batteries, such as zinc, copper, manganese, lithium and nickel
may also constitute environmental hazards.
In case of incineration, the metals used in batteries contribute to the air emissions and
pollute incineration residues. When batteries end up in landfills, the metals contribute to
the leachate from landfills. The risks cannot be quantified due to the lack of methodology
to assess the long-term leachate from landfills.
Moreover, on a resource management level, batteries are considered as an ore of
secondary raw materials. Thousands of tonnes of metals, including valuable metals such
as nickel, cobalt and silver, could be recovered if batteries would not go to
landfills/incinerators.
How is the environmental problem addressed?
The new Directive aims to avoid the final disposal of batteries and accumulators by
enhancing the collection and recycling, by establishing:
– Collection targets for portable batteries
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OJ L 226/3 of 06.09.2000.
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– A restriction on the use of cadmium in portable battery applications with a list of
exemptions;
– A prohibition to landfill/incinerate automotive and industrial batteries
– Recycling targets for collected batteries.
What is the internal market problem?
Currently, many national battery collection and recycling schemes do not operate
efficiently and have not been able to benefit from the internal market. There is no clear
framework for the functioning of those schemes which has led to different applications of
the producer responsibility principle and diverging marketing requirements.
How is this internal market aspect addressed?
The Directive harmonises the product requirements for batteries (restriction of the use of
mercury and cadmium and labelling requirements (there are three different types of
labelling requirements (i) the chemical symbol hg, pb or cd, (ii) crossed-out wheel bin
and (iii) capacity labelling ). Member States cannot prohibit the placing on the market of
batteries that meet the requirements of this proposed Directive.
In order to contribute to the proper functioning of the internal market, treatment of
collected batteries may take place in another country, in which case it counts as
fulfilment of the recycling obligations of the proposed Directive for the exporting
Member State.
Furthermore, the Directive lays down minimum rules for the functioning of the national
collection and recycling schemes, in particular with respect to the financing thereof by
producers. In order to avoid free riders, Member States should keep a register of
producers placing batteries on the national market.
Preventive measures
What preventive measures are proposed?
In line with the existing Battery Directive (91/157/EEC), the new Battery Directive
restricts the use of mercury in batteries.
Furthermore, the new Battery Directive restricts the use of cadmium in portable battery
applications with a list of exemptions (for emergency/alarm systems, medical devices
and cordless power tools).
Member States are required to promote research on and the marketing of batteries with
less polluting substances (in particular mercury, cadmium and lead).
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Collection
What are the proposed collection requirements?
This Directive requires all spent batteries and accumulators (portable, industrial and
automotive) to be collected:
–
Consumers should be able to bring back portable batteries free of charge to
collection points;
–
Producers of industrial batteries are obliged to take industrial batteries back from
end-users;
–
Producers of automotive batteries should set up collection schemes for those
automotive batteries not collected on the basis of collection schemes set up under
the Directive on end of life vehicles (ELV Directive).
What are the proposed collection targets?
The new Battery Directive establishes an overall collection target for all spent portable
batteries of 25%, (to be increased to 45%).
Why is there no collection target for industrial and automotive batteries?
–
The combination of a legal obligation to take-back these batteries and
accumulators and the prohibition of landfill and incineration means in
practice that there is a 100% collection target for these batteries.
–
Unlike spent portable batteries and accumulators, spent industrial and
automotive batteries are less likely to be disposed of in the municipal solid
waste stream because of their large size, and because users are professionals
and appreciate the economic value of recycling.
–
With current practice, the collection of those batteries is already close to
100%.
–
Lead-acid batteries are collected because of the value of recycled
lead; and
–
For nickel-cadmium batteries the collection infrastructure is welldeveloped.
What is the current situation in new Member States? Will they be able to achieve the
proposed collection target?
Since accession, the new Membe States are expected to have properly implemented the
obligations of the current Battery Directive (91/157/EEC). This means that they have “set
up efficient collection schemes” for the batteries covered by this Directive (batteries
containing mercury, cadmium and lead). In this respect, they would be in the same position
and the current Member States which have limited their national collection schemes to the
batteries covered by the existing Battery Directive (e.g. UK, Denmark, Luxembourg,
Finland and Greece).
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Recycling
Why should we recycle batteries?
Battery recycling allows the recovery of valuable metals used in batteries, such as nickel,
cobalt and silver.
The use of recycled metals in batteries requires less energy consumption.
Could you give an estimate of those resource savings?
In terms of tonnage, the following estimated amount of metals would not go to
landfills/incineration, but could be recovered:
Manganese:
20 000 tonnes/year
Zinc:
20 000 tonnes/year
Iron:
15 000 tonnes/year
Lead:
7 500 tonnes/year
Nickel:
2 000 tonnes /year
Cadmium:
1500 tonnes/year
Mercury:
28 tonnes/year
Could you give an example of the energy savings related to the use of recycled metals in
batteries?
Using recycled cadmium and nickel require respectively 46% and 75% less
primary energy compared with the extraction and refining of virgin metal.
For zinc, the relation between the energy needed for recycling and the energy
needed for extraction from primary resources is 2.2 to 8.
What are the recycling targets?
All batteries collected separately should be sent to recycling facilities.
However, with respect to portable hazardous batteries (batteries containing mercury,
cadmium or lead) Member States have the possibility to put them in a landfill or in
underground storage if (i) this is part of a national strategy to phase out heavy metals and
if an impact assessment shows that landfill/underground storage is a better option than
recycling or (ii) if there is no viable end-market for the recycled product available.
In addition, there are recycling targets which should ensure that the actual resources are
recovered. This is a new requirement in Community waste legislation, in line with the
new development related to the Thematic Strategy on Waste Prevention and Recycling.
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In line with this Thematic Strategy, we should also focuses on the quality of the
recycling process itself.
The following recycling efficiencies are proposed:
– Lead-acid batteries: all the lead as far as technically feasible, and a minimum of 65%
by average weight
– Nickel-cadmium batteries: all the cadmium as far as technically feasible, and a
minimum of 75% by average weight
– Other batteries: 50% by average weight
How did you determine the proposed percentages?
The chosen percentages are broadly in line with the submissions made by different
stakeholders during the stakeholder consultation the Commission held in preparation of
its proposal in 2003. The percentages apply to the total average weight of the entire
battery (not only the heavy metal content, but also the plastics and other materials of
batteries).
The recycling targets are higher for the hazardous batteries (lead-acid and nickelcadmium) than for the non-hazardous batteries since they are recycled in dedicated
recycling plants.
Since lead-acid and nickel-cadmium batteries used approx. 70% of the total lead and
cadmium production in the EU, it is particularly important to recover those substances
during the recycling process. The average lead content of a lead-acid batteries is 60% of
total weight and the average cadmium-content is 15% of the total weight.
The European Parliament and the Council largely following the recycling targets as
proposed by the Commission, they only lowered the recycling targets for batteries not
containing lead or cadmium from 55% (as proposed by the Commission) to 50%/
What is mandatory and what is indicative in the Directive?
All proposed collection and recycling requirement are mandatory.
Financing
Who will pay for the collection and treatment requirements you propose?
In line with the producer responsibility principle, the battery producers should finance
the collection and treatment requirements.
Who is regarded a battery producer?
The battery producers are regarded as every producer placing a battery on the national
market. This means that if a battery is incorporated in an electrical or electronic
equipment or a car, the equipment producers/car producers are also regarded as a 'battery
producer' under this new Directive.
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Why did the Commission propose a different definition of “battery producer”?
The Commission proposed a definition of a “battery producer” as the person placing a
battery on the Community market, in line with the producer defintition of the Directive
of waste from electrical and electronic equipment (WEEE Directive). Furthermore, in
the Commission’s initial definition, producers of electrical and electronic equipment as
well as car producers were not covered by the “battery producer definition.”
The Council, in its common position, changed this producer definition in two ways:
-
producers of electrical and electronic equipment as well as car producers were
covered by this definition if their producers would also contain a battery the
moment the product was placed on the market. This broader definition of the
term “battery producer” was considered necessary in order to avoid any gaps in
the financing system for the waste management of batteries. However, the
Directive provides that Member States should avoid any double charging of
producer who already paid on the basis of the producer responsibility
requirements of Directive 2000/53/EC on end-of life vehicles and Directive
2002/96/EC on waste electrical and electronic equipment.
-
on the basis of experience with the implementation of the WEEE Directive, the
Council was of the opinion that battery producers should be defined referring to
the national market, not to the Community market as initially proposed by the
Commission. Member States claim that it is only possible to implement the
producer responsibility requirements if a responsible producer can be found on
the national territory.
Experience with the WEEE Directive has shown that producer responsibility
requirements can be quite burdensome for small producers. How do you deal with small
producers under the Battery Directive?
The Battery Directive provides that Member States have the possibility to exempt small
producer from the financial producer responsibilities obligations.
Furthermore the Battery Directive foresees in a harmonisation of the procedural
registration requirements on the basis of a comitology procedure. This will reduce the
administrative burdens for small producers related to registration.
Do you deal with the free rider problem which exists on the battery market?
Yes. Member States must keep a national register of all the battery producers and
importers who market their product in the national territory. The procedural
requirements will be harmonised on the basis of a comitology procedure.
Moreover, producers are allowed to apply a visible fee for historic waste during a
transitional period of four years after transposition of the Directive.
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Implementation
Can the Directive be transposed on the basis of environmental agreements with
industry?
Yes. Member States are in particular encouraged to conclude environmental agreements
on the obligation relating to waste stream monitoring, collection and recycling, and
consumer information.
When do the collection targets enter into force?
The collection target of portable batteries of 25% becomes legally binding six years after
entry into force of the new Directive. Experience with Member States which have
developed collection schemes has shown that the schemes collection need 4-5 years to
become efficient. This time-frame thus gives Member States with underdeveloped
collection schemes enough time to set up an efficient collection scheme for all batteries.
The higher target of 45% applies 10 years after entry into force of this Directive.
When do the recycling requirements enter into force?
– One year after the entry into force all batteries should be sent to recycling facilities
(with Member States having the possibility to landfill/store portable hazardous
batteries under certain conditions);
– Tree years after entry into force the targets of 65% (lead containing batteries), 75%
(cadmium containing batteries) and 50% (for other batteries) should be met.
How long do Member States have to implement the requirements of this Directive?
Member States have two years after enty force to implement the requirements of this
Directive.
What are the costs to implement this Directive.
Even though the European Parliament and the Council have changed some of the policy
options as proposed by the Commission, notably with respect to cadmium batteries, the
Commission estimates, on the basis of the findings of its Extended Impact Assessment,
that the costs from complying with the new Battery Directive will not exceed €1-2 per
household per year.
3.
PROPOSED MEASURES ACCORDING TO BATTERY TYPE
What are the different batteries types?
The Directive establishes between three battery types:
– Portable batteries:
– Non-rechargeable batteries (e.g. zinc-carbon and alkaline manganese (“general
purpose batteries”), button cells, lithium-oxide batteries which represent 72% of
the portable battery segment; and
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– Rechargeables (nickel-cadmium, nickel metal hydrate, lithium-ion batteries), which
represent 28% of the portable battery segment. Portable NiCd batteries account for
7% of the total portable battery market.
– Industrial batteries:
– Lead-acid batteries (96% of the total industrial battery segment);
– NiCd batteries (2% of the total industrial battery segment).
– Automotive batteries:
– Lead-acid batteries used for the starter, lighting and ignition of vehicles.
Which batteries are the most harmful?
According to Commission Decision 2000/532/EC establishing a list of wastes, lead-acid
batteries, mercury batteries and nickel-cadmium batteries are classified as hazardous
waste.
What specific measures apply to portable batteries and accumulators?
–
The setting up of sufficient national collection systems to allow consumers to
return spent portable batteries free of charge with an obligatory role for distributors
to take back portable batteries.
–
An collection target of 25% (to be increased to 45%) for all portable batteries.
–
All collected portable batteries should be sent to recycling facilities (unless
Member States use the possibility to landfill/store them as part of a national
strategy to phase out heavy metals or if no viable end-market is available).
–
Minimum recycling targets of 65% for portable batteries containing lead, 75% for
portable batteries containing cadmium and 50% other portable batteries not
containing lead or cadmium, .
What additional measures are taken for the ‘hazardous’ portable batteries?
–
A restriction on the use of mercury.
–
A restriction on the use of cadmium in portable battery applications (with a list of
exemptions).
–
Minimum recycling targets of 65% for lead containing portable batteries and 75%
for cadmium containing portable batteries.
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What specific measures apply to industrial batteries?
–
An obligatory take-back scheme for producers.
–
A prohibition on disposal in landfills or by incineration (100% collection is
assumed).
–
All collected industrial batteries should be sent to recycling facilities (unless
Member States use the possibility to landfill/store them as part of a national
strategy to phase out heavy metals or if no viable end-market is available.
–
Minimum recycling targets:
–
Industrial batteries containing cadmium: 75% by average weight.
–
Industrial batteries containg lead: 65% by average weight.
What specific measures apply to automotive batteries?
–
Producers should set up national collection schemes for those batteries not
collected on the basis of schemes set up under the ELV Directive.
–
All collected automotive batteries should be sent to recycling facilities (unless
Member States use the possibility to landfill/store them as part of a national
strategy to phase out heavy metals or if no viable end-market is available.
–
Minimum recycling targets: 65% by weight (automotive batteries are leadcontaining batteries).
4.
LINK WITH OTHER PIECES OF LEGISLATION
What is the relationship between this Directive and the ELV Directive
1) The Battery Directive and the ELV Directive have similar substance restrictions. The
ELV Directive restricts the use of cadmium in batteries for electrical vehicles (industrial
batteries). This Directive restricts the use of cadmium in portable battery applications,
with a list of exemptions.
2) The Battery Directive and the ELV Directive both establish producer responsibility
regimes. A car producer is also regarded as a battery producer under the Battery
Directive, if the car producer puts a car on the market with a battery inside. This is to
ensure that there will be a responsible producer for all batteries placed on the Community
market. However, the new Battery Directive states that Member States should avoid any
double charging of producers in case car batteries are collected on the basis of the ELV
Directive.
What is the relationship between this Directive and the WEEE/RoHS Directive?
1) The Battery Diretive and the RoHS Directive have similar substance restrictions. The
RoHS Directives restricts to use of heavy metals, such as mercury and cadmium in
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electrical and electronic equipment, but does not apply to batteries. The Battery Directive
restricts the use of mercury and cadmium in batteries (the cadmium restriction only applies
to portable battery applications).
2) Batteries incorporated in WEEE will be collected on the basis of the WEEE Directive.
However, after collection on the basis of the WEEE Directive, they will be removed from
the appliance (electronic equipment) and they will count for the collection targets of the
Battery Directive. They also have to undergo the recycling requirements of the Battery
Directive.
3) A producer of electrical and electronic equipment (appliance producer) is also
regarded as a battery producer under the Battery Directive, if the appliance producer puts
an appliance on the market with a battery inside. This is to ensure that there will be a
responsible producer for all batteries placed on the Community market. However,
Member States should avoid any double charging of producers in case batteries are
collected with the appliance on the basis of the WEEE Directive.
What is the relationship between this Directive and IPP?
The IPP Communication sets as its objective the reduction of environmental impacts
from products throughout their life-cycle, harnessing, where possible, a market driven
approach, within which competitiveness concerns are integrated.
In line with IPP, the Directive requires Member States to promote research to increase
the overall environmental performance of batteries throughout their entire life-cycle.
What is the relationship between this Directive and the Thematic Strategy on Sustainable
use of Resources?
The recycling requirements avoid negative impacts of natural resource use. This is in line
with this Thematic Strategy.
What is the relationship between this Directive and the Recycling Strategy?
To re-incorporate waste in the economic cycle is recognised by the Strategy as an
important element of a comprehensive approach to resource management.
Moreover, the recycling targets which focuses on the quality of the recycling process used,
are also in line with this Strategy.
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