Guidance on the Battery Directive

Latest update (16. July 2009)

The Battery Associations guidance on Directive 2006/66/EC of 6. September 2006 on batteries and accumulators and waste batteries and accumulators and the removal of directive 91/157/EØF.


CONTENTS

INTRODUCTION
WHO AND WHICH BATTERIES ARE AFFECTED BY THE DANISH RULES
WHAT DOES THE RULES MEAN
COLLECTIVE SCHEMES
LEGISLATION



INTRODUCTION

In 2006, The EU adopted a Battery Directive (hereinafter the Battery Directive) which requires producers and importers of batteries to pay different duties. The Battery Directive is called: the European Parliament and Council Directive 2006/66/EC of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC.

This guide is about who is obligated to observe these rules and duties.

The Danish legislation implements the rules, and they are used for this guide, see:
- The Danish Environmental Protection Act (hereinafter MBl) Act No. 509 of 17 June 2008
- Order No. 943 of 23 September 2008 for import and sale and export of batteries and accumulators (hereafter BEK 943)
- Order No. 1217 of 11 December 2008 for the Law on taxation of the hermetically sealed nickel-cadmium batteries (sealed nickel-cadmium batteries) (hereinafter BEK 1217)

As a general guidance, the Danish Battery Association refers to the guidelines by the European Battery Association:

http://www.epbaeurope.net/documents/newmarkingguidelines_april2008_final.pdf

This guidance is written in the light of the information the Danish Battery Association has got, and it will continuously be updated with the latest information.

The Danish Battery Association takes no responsibility for the contents of this guidance.



WHO AND WHICH BATTERIES ARE AFFECTED BY THE DANISH RULES

Who:
The product liability applies to all producers, importers, and exporters (henceforth designated “producers”)

A producer is anyone in Denmark who puts a battery for commercial use on the Danish marked for the first time. The same includes producers who bring a device with a built-in battery on the Danish marked for the first time, including importation to the Danish tariff area. In this context, device means shoes with lights, computers, singing postcards, etc.


The batteries:
All batteries being placed on the market for the first time within the EU after September 26, 2008, are covered by the rules, but it is important to notice that many of the sections distinguish between portable batteries, industrial batteries, and automotive batteries. Batteries for army and space purposes are excluded.

Batteries being placed on the market within the EU before September 26, 2008, have to respect the rules in the earlier Danish departmental order, departmental order no. 1044 of December 16, 1999. Batteries are considered to be placed on the market before September 2008 if they are “transferred or made available” for customers before September 26, 2008, and therefore they are not covered by the new rules.

Portable batteries
Dry batteries are in the Directive called “portable batteries” and are not the same as industry batteries. In paragraph 10 in the Preamble of the Directive, portable batteries are described as being completely sealed batteries which an average person with no difficulties can carry in his hand. Examples are batteries for ordinary household purposes such as batteries in cell phones, toys, electrical toothbrushes, portable computers, hand tools, etc.

Industry batteries
Examples of industry batteries can be found in paragraph 9 in the Preamble of the Directive (the list is not exhaustive):

Batteries that are:
- used for distress or backup power supply in hospitals, airports or offices
- used in trains or airplanes
- used on offshore oil platforms or in lighthouses
- only intended for handhold payment terminals in businesses (shops, supermarkets, etc.) and restaurants, bar code scanners in businesses, professional audio equipment for television channels and professional studios, mine lamps, diving lamps fixed on mine helmets and diving helmets for professionals, backup batteries for electric doors to stop them from blocking and squeezing people
- used for instrumental equipment or in different types of measuring and instrumental equipment
- used in connection with solar panel and solar cell energy and other renewable sources of energy
- used in electrical vehicles, e.g. cars, wheelchairs, bikes, airport vehicles, and automatic transport vehicles
- not sealed or is a car battery

Industry batteries are also bundles of batteries containing portable batteries which have been built together for industry purposes.

Car batteries
Car batteries are batteries that produce power for starter motors, light and ignition in cars. The Battery Association refers to www.returbat.dk for more information on this area. This guidance does therefore not cover these batteries.



WHAT DOES THE RULES MEAN

1. The rules for producers of all portable and industry batteries
2. The rules only for producers of portable batteries
3. The rules only for industry batteries

The producers in principle have to bear all charges associated with the duties.

A producer may have a collective scheme perform some of these duties, see below.



Producers of portable and industry batteries are obligated to:


1.1 Labelling the battery

All batteries, accumulators, and bundles of batteries that from September 26, 2008, are placed on the Danish market (handed over from the producer to a businessman within the EU) for the first time, have to be marked with this symbol:


Batteries containing more than 0.0002% cadmium, 0.0005% mercury, or 0.0004% lead also need to be marked with the chemical term for that metal.

Batteries and battery packages have to be marked with the symbol, and it should not be smaller than 0.5 cm x 0.5 cm. If there is no space for the symbol on the battery, a symbol of least 1.0 cm x 1.0 cm shall be printed on the packing or the directions.


1.2 Limit the contents of dangerous material in the batteries

Marketing of button cells which contain more than 2% mercury and portable batteries with more than 0.002% cadmium are also prohibited, unless it is batteries for emergency lighting, alarm systems, medical equipment, or hand tools.


1.3 Be registered in the Danish Producer System

According to the new rules, all producers have an obligation to enrol in the Danish Producer Liability System (DPA), the former WEEE-System.

Producers have to pay for this registration themselves and it must be made within 14 days before marketing begins. Registration can be made at www.weeesystem.dk.

All producers must be registered by 31 March 2009.

Requirements the producer must comply with on the registration application:

- Producer name and under what brand the producer markets its batteries.

- Producer address: street name and number, zip code and city, URL address, telephone number and fax or e-mail address.

- CVR no. (the first two points need not be disclosed if the DPA may obtain information via the CVR register).

- Indication of which of the following types of batteries the producer markets: portable batteries, industrial batteries, and/or car batteries.

- Information on how the producer liability envisaged are met: the producer is connected to a collective scheme or has individually established a system with regard to portable batteries, industrial batteries and car batteries.

- The date of the registration application.

- Signature confirming that the information provided is accurate.

The registration fee

DPA reported that dues for 2009 will be charged in April, when registration is completed.

Fee	The fee is paid for
One-time fee of DKK 1,000 per producer. If the producer has already been registered in relation to producer responsibility for electrical and electronic equipment the amount is DKK 500	Registration in the producer register
An annual fee: calculated in accordance with the marketed volume battery during the previous calendar year (by new producers, the fee is calculated on the expected volume in that calendar year. The amount is adjusted if the stated volume of the market volume does not comply)	Administration of the award scheme for the local authority assembly points for the DPA
An annual fee* calculated in accordance with the marketed volume battery during the previous calendar year (by new producers, the fee is calculated on the expected volume in that calendar year. The amount is adjusted if the stated volume of the market volume does not comply)	Other administrative tasks performed by the DPA

*The annual fee for 2009:

For all types of batteries
DKK 8 per cent. kilo market battery for administrative tasks

For portable batteries
DKK 0.8 per. kilo market battery for administrative tasks
+
DKK 0.9 per. kilo market battery for DPA award system for portable batteries.

For portable batteries the fee will be of DKK 0.17 per. marketed kilo, while the fee for industrial and automotive batteries will be DKK 0.8 per. marketed kg.

ATTENTION! Although the fee is lower for industrial batteries, it is important to remember that the producers themselves must organize the collection of used industrial batteries.

The fees are regulated by the EPA annually, and the new figures are published on the DPA website each year.

Note: These fees should not be confused with the duty on portable batteries.


Reporting obligation:

The reporting obligation is divided into three parts: the reporting of marketed batteries, reporting of withdrawals batteries, and reporting in general.

Reporting of marketed batteries:
Producers are required to report information to the DPA on quantities of kilograms of marketed batteries.

Producers must have reported the expected marketing in 2009 by 31 March 2009.

Henceforth, producers must by 31 March each year, starting in 2010, report the amount of marketed batteries in the previous calendar year to the DPA.

Producers who start placing batteries after 1 January 2009 shall at the time of registration of the DPA (see above) report information on quantities of batteries, which is expected to market the calendar year.

The reporting on marketed batteries must be in these categories:

		Volume in kilograms
Portable batteriers and accumulators
Disposable batteries::
	Alkaline / Zinc, Carbon batteries
	Lithium
	Button cells (Zinc / Mercury Oxide / Silver Oxide )
	Other
Rechargeable batteries
	Nickel Cadmium
	Nickel Metal Hydrid
	Lead
	Lithium Ion/Lithium Polymer
	Other
Car batteries og –accumulatores
Lead Acid
Nickel Cadmium
Other
Industry batteries og –accumulares
Lead Acid
Nickel Cadmium
Other

Reporting of withdrawals batteries:
Producers must annually by 31 March, starting in 2010, to the DPA report information on:

- The amount of waste batteries that are withdrawn and separately handled in the previous calendar year and the companies that have treated the waste batteries.

- The quantities of waste batteries that are removed from local authority collection sites or elsewhere in the municipality of the previous calendar year.

Reporting in general:
Producers must annually by 31 March, starting in 2010, give the following information to the DPA:

- Withdrawn schemes and quantities of batteries withdrawn through such arrangements the previous calendar year.

- Agreements reached on specific conditions for collection of the assigned waste portable batteries, deadlines for the collection sites, and any extraordinary collection of allocated waste portable batteries from places other than the assembly points.

- Agreements signed with the end user on the financing of the collection and separate management of waste industrial batteries, as well as the quantity of batteries covered by the agreement.

Producers must also annually by 31 March, starting in 2011, give the following information to the DPA:

- Recycling rate in the previous calendar year and enclose evidence.


1.4 Give information to end users

The producers have an individual obligation to inform the end-users (the consumer) of:

- What effect the material in the batteries have on the environment and human health
- The consequence of tossing the waste batteries in the household garbage
- Request the end-users to participate in those collection arrangements that are available for the end-users
- The role the end-users have for recycling of the batteries
- That the labelling symbol means that you have to return the batteries to individual collection arrangements, and what Hg, Cd and Pb means.


1.5 Separate handling and recycling

The section is divided into two parts: separate handling and recycling.

Separate handling
Producers who are in possession of waste batteries must handle these environmentally sound and adhere to these requirements:

- Establishment of mechanisms for the treatment and recycling by using the best available technology.

- Recycling or recovery must include at least the removal of all fluids and acids.

- Processing and storage, including temporary storage, at treatment facilities must take place in sites with impermeable surfaces and suitable weatherproof covering or in suitable containers with lids.

Recycling
The recycling process for the treatment of waste batteries must achieve the following recycling efficiency rates:

- Recycling at least 75% of the average weight of nickel cadmium batteries, including recycling of cadmium content to such an extent it is technically feasible without excessive cost.

- Recycling at least 50% of the average weight of other batteries.

Information on recycling:
By information the type of waste battery and the amount in question must be indicated.

- Those, who commercial recycle waste batteries that are collected in Denmark, must each year by 31 March, starting 2011, inform the DPA on recycling rate in the previous calendar year, as well as supporting evidence.

- Those, who export waste batteries that are collected in Denmark, must each year by 31 March, starting 2011, inform the site where the waste batteries are exported to on the recycling rate in the preceding calendar year.

- Those, who export waste batteries to treatment in countries outside the EU, in addition to the requirement above, must provide proof of recycling to DPA.

It is difficult to estimate the cost of recycling.
The Danish Ministry of the Environment has estimated the cost of the bill somewhere between DKK 32,000,000 and DKK 46,000,000 in the first year, equivalent to an amount between DKK 8.00 and 12.00 per kg, while the Danish Ministry of the Environment for the following years have estimated the cost of somewhere between DKK 23,000,000 and DKK 27,000,000.



Producers of portable batteries are separate obliged to:


2.1 Pay a duty to SKAT for the collection of the waste batteries

This duty is according to Danish law at this time DKK 2.70 per kilogram marketed battery. It is a job for the local authorities to collect the waste batteries, and the financing of this arrangement is paid by the producers through the duty paid to SKAT (the Danish Taxation Authorities).

SKAT is not ready to charge this duty yet, so the producers have to anticipate that the collection duty will be charged during 2009 with retroactive force.


2.2 Fetch and reuse the collected waste batteries

The local council has to ensure that there are easily accessible assembly points for waste batteries in proximity which is in accordance with Article 7 of the Battery directive.

Producers are entitled to, individually or collectively, to create withdrawn systems for waste batteries in accordance with regulations issued under the Environmental Protection Act No 1757 of 22/12/2006.

Anyone can deliver waste portable batteries to distributors of portable batteries offering to receive them. The distributor shall not charge for the reception and he is obliged to use assembly points established by the local authority or the producers.

Any end-user is then obligated to use the assembly points set up by the local council, distributors, or producers.

When the local authority has collected the waste batteries, it is the producers’ responsibility to ensure they are removed and sent to recycling. Each producer has a responsibility to collect and treat a battery quantity equal to the marketed volume.

DPA assigns the producer or the collective scheme to represent the producer, the local assembly points from which the waste portable batteries must be collected. The award is for a defined period based on the market share of the producer or the collective scheme. DPA notify producers where they will pick up batteries, which is also published on DPAs website. Producers have a duty to collect waste batteries throughout the country. DPA seeks, as far as possible, to allocate places which are geographically appropriate.

Producers must collect the assigned amounts of waste batteries at assembly points according to the terms set out in BEK 1217 Annex 1:

- Producers must collect waste batteries when the local authority has collected at least 1,000 kg, but not least every six months.
- The local authority or assembly point calls per fax or e-mail the producer or the collective scheme to arrange pickup when there have been collected 1,000 kg waste batteries. Pick-up will then take place within 3 working days (Monday - Friday between the hours 9-16) after receiving the request.
- Producers must receive the batteries which the local authority has collected including any plastic bags or containers which the batteries are collected in.
- Producers must deliver assembly equipment for the local assembly points pursuant BEK 1217 article 5, para. 3, and by removal of waste batteries the filled equipment is replaced with empty equipment, or the equipment shall be emptied at the assembly points.

If the batteries are not collected in accordance with the notice requirements, the DPA let third parties do the job and then charge the producer an amount equal to the cost of take back and separate deal with the waste batteries, as well as related administrative costs.


2.3 Make public information campaigns

The producers have an obligation to inform the public about collection, treatment, and recycling of waste batteries though public information campaigns.

The producers shall cover any net expense connected to the campaigns. The producers are encouraged to make these campaigns together.

The requirements for information depend on how much the producer markets. See the requirements below which may be waived if producers which together produce at least 1,000,000 kg portable batteries have reached an agreement on joint campaign and the Danish Ministry of the Environment estimates that the agreed joint campaign has at least the same information value as commitments below.

Marketed kg	Public information campaigns with a value equivalent to
Less than 1,000 kg	Production of A4 leaflets which have to be released by the distributors who sell the producers’ batteries
More than 1,000 kg, but less than 10,000 kg	Insertion of an advertisement in a national daily magazine or similar equivalent to one full page (A3) once a year
More than 10,000 kg, must for every started 10,000 kg marketing battery	Insertion of an advertisement in a national newspaper or similar, equivalent to half a page once a year

The producers of industry batteries have the following individual obligations to:


3.1 Collect waste batteries

Producers of industrial batteries can not refuse to take back waste industrial batteries from end users regardless of the battery chemical composition and origin, unless the producer has agreed with the end user that the end user finances collection and separate handling of the waste industrial battery.

The system means that a producer who sells X number of batteries must also take X number of batteries returned.

The producers must arrange and set up collection systems, as municipal collection points do not accept industrial batteries.

Producers are also obligated to take back and separate handle waste industrial batteries from end users if the producer has marketed the industrial battery.


3.2 Indicate who the producer is

Producers must ensure that the battery is accompanied by or labeled with information about who is the producer of the battery, so the end user can access this information. The requirement can be met by a reference to a website where such information is clear.



COLLECTIVE SCHEMES

A producer may have a collective system concerning the following duties:

- Obligations under MBL comprehensive

o hold back and separate the management of waste portable batteries
o organizing campaigns for portable batteries
o collect and separate the management of waste industrial batteries* that the producer have marketed, and when they place a new battery on the market

- Registration and reporting of data to the DPA

* Most collective schemes are as based on portable batteries, so handling of industrial batteries are usually agreed separately.

There are various collective schemes to which producers can choose to be a member, see:
http://weee-system.dk/ShowContent.aspx?PageID=12&MenuID



LEGISLATION

The provisions of obligations for importers and producers according to the Directive and MBL:

	Portable batteries		Industry batteries
	Directive	MBL	Directive	MBL
Registration in DPA	Art. 17	§ 9 æ, stk. 1	Art. 17	§ 9 æ, stk. 1
Duty of 2,70 per kg.		§ 9 u, stk. 2
Labelling of the batteries	Art. 21	§ 9 x, stk. 1, 2. pkt.	Art. 21	§ 9 x, stk. 1, 2. pkt.
End-user information	Art. 20	§ 9 x, stk. 1, 1. pkt.	Art. 20	§ 9 x, stk. 1, 1. pkt.
Public information campaigns	Art. 16,3	§ 9 x
Report of sales to the WEEE-System	Art. 10, stk. 1, nr. 1	§ 9 y, stk. 1	Art. 10, stk. 1, nr. 1	§ 9 y, stk. 1
1-1 system			Art. 8,3	The explanatory memorandum for L 134*
Recycling	Art. 7 + 12

* Proposal for law on amendment of law on environmental protection and removal of law on remuneration in connection to collection of hermetic sealed Nickel Cadmium accumulators (sealed nickel-cadmium batteries)