Impact of new battery directive on India

UK: The European Union (EU) adopted the “Batteries Directive” 91/157/EEC in March 1991. This introduced restrictions on the use of mercury in most batteries and encouraged collection and recycling. However, the objectives of the Directive have not been achieved as most portable batteries are still being sent to landfill.

For example, in 2002, according to the European Commission (EC) around 45.5 percent of the total amount of batteries sold in the EU, equating to over 70,000 tonnes, went to landfill or were incinerated.

As a result, the EU has introduced, and adopted, a “New Battery Directive” 2006/66/EC with an implementation date of 26 September 2008, that repeals 91/157/EEC at the same time.

The New Directive applies to all batteries and accumulators. The difference between a battery and an accumulator is not defined by the directive but the UK regulations simplistically define “batteries” as non-rechargeable and “accumulators” as rechargeable.

However, batteries used in equipment connected with security applications or equipment designed to be sent into space do not fall within scope. The directive restricts the use of mercury in all batteries and of cadmium in portable batteries, with certain exemptions such as emergency and alarm systems including emergency lighting, medical equipment and cordless power tools, although the latter will be reviewed by September 2010. Indian exporters please note that this includes the sale of Nickel-Cadmium batteries other than under these exemptions.

Marketing of batteries that contain less polluting substances is encouraged, in particular substitutes for mercury, cadmium and lead. It also establishes labelling requirements including chemical symbols Hg, Pb or Cd, the crossed wheelie bin and battery capacity labelling.

In addition, the directive provides minimum guidelines for the operation of national battery collection and recycling schemes, in particular with respect to the financing of such schemes by producers.

The directive establishes an overall collection target for all spent portable batteries of 25 percent to be achieved by 2012, rising to 45 percent by 2016. Industrial and automotive batteries are less likely to be disposed of in the municipal waste stream because of their size and their users are professionals who are likely to appreciate the economic value of recycling. The collection rate for such batteries is already close to 100 percent.

The New Batteries Directive specifies collection requirements that include the option for the consumer to take back portable batteries to local collection points free-of-charge without the “takeback” obligation of buying a new battery.

Distributors should take back waste portable batteries when supplying portable batteries, unless it is proven that the existing alternative schemes are as effective. Producers of industrial batteries, or third parties acting on their behalf, are obliged to take industrial batteries back from end-users and, finally, Producers of automotive batteries, or third parties, should set up collection schemes for waste automotive batteries not collected through collection schemes set up under the end-of-life vehicles (ELV) Directive.

Battery recycling helps to save resources by allowing the recovery of valuable metals such as nickel, cobalt and silver. Battery recycling processes have to meet certain efficiencies by September 2011. These include recycling a minimum of 65 percent of lead-acid batteries by average weight, 75 percent nickel-cadmium (NiCd) batteries and 50 percent of “other” batteries.

As well as the recycling element there are various data and labelling requirements that will apply to batteries. These include a crossed wheelie bin on the battery or, if too small, on the packaging and chemical symbols (Hg, Cd, Pb) indicating the heavy metal content of batteries containing more than a specified amount of these substances.

Capacity of portable and automotive batteries will be required from 26 September 2009 and the harmonised rules for how will be defined should be available by 26 March 2009.

There is also a requirement to provide information to consumers on the potential effect of substances used in batteries on health and the environment, as well as an explanation of the symbols printed on the batteries.

A note emphasising that batteries should not be disposed of with other municipal waste as well as details of collection and recycling schemes will be required.

Finally, article 11 of the New Directive affects the design of electrical equipment which must be made in such a way as to allow batteries either for replacement or at end-of-life for disposal to be “readily removed”. This requirement is clearly intended to ensure that equipment users are able to remove batteries by opening a cover by hand or after removal of one or a few screws. Lengthy dismantling that takes considerable time would not be permitted.

New directive to erase predecessors' shortcomings
Clearly, the New Batteries Directive looks to eliminate the short comings of its predecessor, with a clear focus on more efficient recycling as well as a wide range of labelling and data requirements.

The requirement to mark batteries with their capacity could have the effect of encouraging consumers to select higher capacity batteries resulting in a shift in the market. However, battery capacity is an important, but not the only characteristic of a battery, so consumers may need to better understand their requirements.

The author is Customer Support Manager, Legislation and Environmental Affairs, Premier Farnell.