A new batteries directive with a new focus -- and new consequences

There is currently a batteries directive in the European Union (EU), and there has been since March 1991. However, in many respects, the directive has failed. For example, in 2002 more than 45% of the batteries sold in the EU were still going to landfills or for incineration. A new focus was required and the New Batteries Directive, due to come into force on September 26, looks to provide this and will replace the original directive.

Efficient recycling and comprehensive safety data and labelling are the aims of Directive 2006/66/EC and it applies to all batteries, whether re-chargeable or non re-chargeable. Security equipment or equipment that is intended for use in space, does not fall within its scope.

The new directive emphasizes the current restriction on mercury, as well as now effectively banning cadmium (example-NiCd batteries) with the exceptions of emergency and alarm systems (including emergency lighting, medical equipment, and power tools). However, the latter will be reviewed by September 2010, and may be withdrawn. United States-based companies that export NiCd batteries to the EU should take note. (The US Batteries Act of 1996 restricts the use of mercury in batteries so that it is now only permitted in alkaline and silver oxide button cells. The Act also requires nickel-cadmium batteries to be specifically marked. Thirteen US and several Canadian States have compulsory collection and recycling programs for batteries.)

The European Commission encourages the use of substitutes such as nickel metal hydride as a cadmium free replacement for NiCd. Producers (manufacturers, importers or re-branders) will face a whole range of financial and data obligations based around both recycling and labelling. As with the WEEE (Waste Electrical and Electronic Equipment) directive, registration with a compliance scheme or similar, will be required, and there are extensive data requirements, many of which, are likely to be pushed back on the manufacturer.

The directive sets specific targets for the collection of portable batteries at end-of-life. A level of 25% is to be achieved by 2012, rising to 45% by 2016. There is less concern around industrial and automotive batteries, as the collection rate is already close to 100%.

Current compliance schemes are likely to extend their services to include batteries, so producers will not necessarily have to register via separate third party recyclers. Data requirements include the image of the crossed wheelie bin, as per the WEEE directive. This should go on the battery, or if insufficient space, the packaging. The chemical symbols should be featured on the battery where Hg, Cd and Pb (although the latter is not banned by the directive) are present above specified values. The capacity of portable and automotive batteries will also be required by September 26, 2009.

Other information that the producer must ensure is available, includes a requirement to highlight the potential effects of the hazardous substances on health and the environment, as well as an explanation of what the symbols on the battery mean.

There must also be notes around the fact that batteries should not be disposed of as part of municipal waste, as well as details on collection and recycling services that are available.

Finally, and this will probably sit with the manufacturer, the New Battery Directive affects design of electrical equipment that will need to be manufactured in such a way that the battery can be easily removed, either by hand or by the removal of a minimal number of screws.

The New Battery Directive provides a clear focus on collection and efficient recycling of batteries at end of life, as well as taking adequate measures to ensure relevant labelling and safety data is in place. Consumers will be able to compare capacity versus price, which may well lead to a shift in the market and provide the potential for market share gains among manufacturers.

About the author
As director of legislation and environmental affairs, Gary Nevison is Newark’s and Farnell’s spokesperson and customer interface on legislation that affects the electronics industry, such as the ROHS (all variations around the world, including China ROHS), REACH, EuP, and WEEE directives. For more on Gary, click here.