Implementation Report for the Directive 2006/66/EC on Batteries and Accumulators

175 Pages·2016·2.19 MB·English

by  Christina Tsiarta

Final Implementation Report for
the Directive 2006/66/EC on
Batteries and Accumulators

Service request under the framework contract
No ENV.C.2/FRA/2013/0023

10 July 2015
ENV.C.2/FRA/2013/0023
Report for DG Environment, European Commission
Prepared by:
Christina Tsiarta
Steven Watson
Joe Hudson

Approved by

………………………………………………….
Mike Brown
(Project Director)
Eunomia Research & Consulting Ltd Tel: [phone]
37 Queen Square Fax: [phone]
Bristol
Web: www.eunomia.co.uk
BS1 4QS

United Kingdom
Disclaimer
Eunomia Research & Consulting has taken due care in the preparation of this report to
ensure that all facts and analysis presented are as accurate as possible within the
scope of the project. However no guarantee is provided in respect of the information
presented, and Eunomia Research & Consulting is not responsible for decisions or
actions taken on the basis of the content of this report.
This report has been prepared by Eunomia Research and Consulting based in the UK
and its partners, ENT Environment and Management based in Spain, EPEM S.A. based in
Greece, Ekokonsultacijos based in Lithuania and the Environmental Research Institute
based in Slovenia (ORZ) for the European Commission, DG Environment under Study
Contract DG ENV.C.2/FRA/2013/0023. The views expressed herein are those of the
consultants alone and do not necessarily represent the official views of the European
Commission.
Contents
1.0 Introduction ................................................................................................... 7
1.1 The Batteries Directive ............................................................................................ 7
1.1.1 Main Elements of the Batteries Directive ......................................................... 7
1.1.2 About this Report ............................................................................................. 9
1.1.3 Key Definitions ................................................................................................ 10
1.1.4 Member State Implementation Questionnaires Considered for this Report.. 12
2.0 Transposition into National Law .................................................................... 13
3.0 Implementation of the Directive .................................................................... 25
3.1 Steps Taken to Increase the Environmental Performance of Batteries and
Accumulators .................................................................................................................. 25
3.2 Implementation of Collection Schemes ................................................................ 34
3.3 Collection Targets ................................................................................................. 44
3.4 Measures Taken to Ensure Proper Treatment and Recycling of Waste Batteries
and Accumulators ........................................................................................................... 55
3.5 Disposal of Collected Hazardous Portable Batteries or Accumulators ................. 65
3.6 Levels of Recycling ................................................................................................ 67
3.7 Levels of Recycling Efficiency ................................................................................ 78
3.8 Measures Taken to Ensure that Batteries and Accumulators are not Sent to
Landfill ............................................................................................................................. 90
3.9 Measures Taken to Minimise the Disposal of Batteries and Accumulators as
Mixed Municipal Waste .................................................................................................. 96
3.10 Exports of Waste Batteries and Accumulators to Third Countries ................. 101
3.11 Measures Taken to Ensure that Producers are Responsible for Financing ..... 114
3.12 Measures to Ensure Producers are Not Double Charged ............................... 122
3.13 Measures Taken to Encourage Developments ................................................ 132
3.14 Inspections and Monitoring Systems .............................................................. 141
3.15 Non-compliance ............................................................................................... 149
3.16 Difficulties Implementing the Directive........................................................... 155
3.17 Administrative Body in Charge of Coordinating Answers to the Implementation
Questionnaire ............................................................................................................... 161
4.0 General Conclusions on the Implementation of the Directive ....................... 167
4.1 Identified Limitations of Reporting ..................................................................... 167
4.2 Suggestions for Improving Member State Reporting ......................................... 168
4.3 Concluding Remarks ............................................................................................ 169
APPENDICES ............................................................................................................ 172
A.1.0 Appendix 1 – Table of Member State Implementation Questionnaires 2010-
2012 173

Final Implementation Report for Directive 2006/66/EC on batteries and accumulators
Preparation of Implementation Reports on Waste Legislation, including the Waste Shipment Regulation
List of Tables, Figures and Boxes
Table 3.1: Collection Rates across the EU27 for 2010-2012 .............................................. 45
Table 3.2: Collection Rates in the Czech Republic, 2011-2012 .......................................... 49
Table 3.3: Collection Rates in Germany, 2009-2012 .......................................................... 50
Table 3.4: Collection Rates in Luxembourg, 2009-2012 .................................................... 51
Table 3.5: Collection Rates in Poland, 2009-2012.............................................................. 53
Table 3.6: Collection Rates in Sweden, 2009-2012 ............................................................ 54
Table 3.7: Recycling Levels across the EU27 for 2010-2012 .............................................. 67
Table 3.8: Recycling Levels in the Czech Republic, 2009-2012 .......................................... 71
Table 3.9: Recycling Levels in France, 2009-2012 .............................................................. 72
Table 3.10: Recycling Levels in Germany, 2009-2012 ........................................................ 73
Table 3.11: Mass of Portable Batteries to Landfill in Germany, 2009-2012 ...................... 73
Table 3.12: Recycling Levels in Lithuania, 2009-2011 ........................................................ 75
Table 3.13: Recycling Levels in Slovakia, 2009-2012 .......................................................... 76
Table 3.14: Recycling Levels in Slovenia, 2011-2012 ......................................................... 77
Table 3.15: Recycling Levels in Sweden, 2009-2012 .......................................................... 77
Table 3.16: Recycling Efficiency Rates across the EU27 for 2010-2012 ............................. 79
Table 3.17: Levels of Recycling Efficiencies in the Czech Republic, 2009-2012 ................. 83
Table 3.18: Level of Recycling Efficiencies in France, 2012 ............................................... 83
Table 3.19: Level of Recycling Efficiencies in Germany, 2010-2012 .................................. 84
Table 3.20: Level of Recycling Efficiencies in Hungary, 2011 ............................................. 85
Table 3.21: Level of Recycling Efficiencies in Luxembourg, 2010-2012 ............................. 86
Table 3.22: Level of Recycling Efficiencies in the Netherlands, 2010-2012 ....................... 86
Table 3.23: Level of Recycling Efficiencies in Slovakia, 2010-2012 .................................... 88
Table 3.24: Level of Recycling Efficiencies in Sweden, 2009-2012 .................................... 88
Table 3.25: Exports to EU Member States and/or Third Countries ................................. 102
Table 3.26: Exports from France of Waste Batteries and Accumulators, 2009-2012 ...... 107
Table 3.27: Exports from Germany of Waste Batteries and Accumulators, 2008-2012.. 108
Table 3.28: Exports from Germany of Waste Batteries and Accumulators Other than Lead
or Nickel-Cadmium, 2009-2012 ................................................................................. 109
Table 3.29: Exports from Slovenia of Waste Batteries and Accumulators, 2009-2011 ... 112
Final Implementation Report for Directive 2006/66/EC on batteries and accumulators
Preparation of Implementation Reports on Waste Legislation, including the Waste Shipment Regulation
Table 3.30: Exports from the UK of Portable Waste Batteries and Accumulators .......... 113
Table 3.31: Exports from the UK of Automotive Waste Batteries and Accumulators, 2011
................................................................................................................................... 113
Table 3.32: Data on Producers, Importers and Distributors of Batteries in Lithuania .... 152
Table A. 1: Member State Implementation Questionnaires 2010-2012 ......................... 173

Final Implementation Report for Directive 2006/66/EC on batteries and accumulators
Preparation of Implementation Reports on Waste Legislation, including the Waste Shipment Regulation

ENV.C.2/FRA/2013/0023

1.0 Introduction
1.1 The Batteries Directive
Directive 2006/66/EC on batteries and accumulators and waste batteries and
accumulators1 (hereafter referred to as the Batteries Directive or the Directive) was
adopted in 2006 and has been subject to a number of revisions since. It regulates the
placing on the market and collection, treatment, recycling and disposal of batteries in
the European Union (EU) with the aim of improving their environmental performance. It
sets maximum quantities for certain chemicals and metals in certain batteries; tasks
Member States with encouraging improvements to the environmental performance of
batteries; requires proper waste management of these batteries, including recycling,
collections, ‘take-back’ programs and disposal; sets waste battery collection rates; sets
financial responsibility for programs; and makes rules covering most phases of this
legislation, including labelling, marking documentation, reviews, and other
administrative and procedural matters. The last amendments to the Directive were
incorporated in 2013.2
1.1.1 Main Elements of the Batteries Directive3
The Directive applies to all types of batteries and accumulators and prohibits the placing
on the market of certain batteries and accumulators with a proportional mercury or
cadmium content above a fixed threshold. In addition, it promotes a high rate of
collection and recycling of waste batteries and accumulators and improvement in the
environmental performance of all involved in the life-cycle of batteries and
accumulators, including their recycling and disposal.
To cut the amount of hazardous substances - in particular, mercury, cadmium and lead -
dumped in the environment, the Directive prohibits the use of these substances in
batteries and accumulators and requests treating and re-using the amounts that are
used.
To ensure that a high proportion of spent batteries and accumulators are recycled,
Member States must take whatever measures are needed (including economic
instruments) to promote and maximise separate waste collections and prevent batteries
and accumulators being thrown away as unsorted municipal refuse. They have to make
arrangements enabling end-users to discard spent batteries and accumulators at

1 Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries
and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266 of
26.9.2006)
2 DG Environment (2015) Batteries and Accumulators - Legislation, accessed 23 January 2015,
http://ec.europa.eu/environment/waste/batteries/legislation.htm
3 EUROPA (2009) Disposal of spent batteries and accumulators, accessed 23 June 2015,
http://europa.eu/legislation_summaries/environment/waste_management/l21202_en.htm#amendingact
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collection points in their vicinity and have them taken back at no charge by the
producers. Collection rates of at least 25% and 45% have to be reached by 26 September
2012 and 26 September 2016 respectively.
The recycling of battery and accumulator content to produce similar products or for
other purposes has to reach the following levels by 26 September 2011:
• at least 65% by average weight of lead-acid batteries and accumulators, including
the recycling of the lead content to the highest degree that is technically feasible;
• 75% by average weight of nickel-cadmium batteries and accumulators, including
the recycling of the lead content to the highest degree that is technically feasible; and
• at least 50% by average weight of other battery and accumulator waste.
It is prohibited to put waste from industrial and automotive batteries and accumulators
into landfill, or to incinerate it. Treatment and recycling may take place outside the
Member State concerned or even outside the Community, provided EU legislation on the
shipment of waste is respected.
The producers have to bear the cost of collecting, treating and recycling industrial,
automotive and portable batteries and accumulators, as well as the costs of campaigns
to inform the public of these arrangements.
End-users are to be informed in various ways, i.e. (i) through campaigns covering the
potential effects on the environment and human health of the substances used in
batteries and accumulators, and the collection and recycling arrangements at the end-
users' disposal, (ii) directly by distributors that they can discard waste batteries and
accumulators at sales points and (iii) marking batteries, accumulators, battery packs or
packaging systems (depending on the size) visibly, legibly and indelibly with information
on the need to dispose them properly, the capacity of the accumulator or the portable
battery and on the substances contained.
Member States must send the Commission reports on the implementation of the
Directive and the measures they are taking to encourage developments affecting the
impact of batteries and accumulators on the environment (including new recycling and
treatment techniques).
The main obligations of the Batteries Directive are:
1) Transposition
2) Environmental performance (Article 9)
a. Article 9 requires Member States to have taken steps to increase the
environmental performance of batteries and accumulators.
3) Collection Schemes and Targets (Article 8 and 10)
a. Article 8 requires Member States to discuss collection schemes they have
implemented and the collection rates achieved in each calendar year; and
b. Article 10 requires Member States to calculate and monitor the collection
rates and achieve the minimum collection rates outlined i.e. at least 25%
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and 45% have to be reached by 26 September 2012 and 26 September
2016 respectively.
4) Treatment and Recycling (Article 12 (1) and Annex III, Part B)
a. Article 12 (1) requires Member States to explain the measures they have
taken to ensure that all collected waste batteries and accumulators
undergo proper treatment and recycling, to explain how they dispose of
hazardous portable batteries and accumulators and discuss the level of
recycling and efficiency achieved each year; and
b. Annex III, Part B sets out the minimum recycling efficiencies that Member
States must achieve as outlined above.
5) Disposal (Article 14)
a. Article 14 requires Member States to describe the measures taken to
ensure waste industrial and automotive batteries and accumulators are
not disposed of in landfills, and to minimise the disposal as mixed
municipal waste.
6) Exports (Article 15)
a. Article 15 requires Member States to specify how many collected waste
batteries and accumulators have been exported to third countries, and to
which ones.
1.1.2 About this Report
The European Commission (DG Environment) (hereafter referred to as the Commission)
awarded a contract to Eunomia Research and Consulting based in the UK, together with
its partners, ENT Environment and Management based in Spain, EPEM S.A. based in
Greece, Ekokonsultacijos based in Lithuania and the Environmental Research Institute
based in Slovenia (ORZ) to assess and summarize the information submitted by Member
States to allow the preparation of an Implementation Report on the Batteries Directive
for 2010-2012 (DG ENV.C.2/FRA/2013/0023).
This Implementation Report for the Batteries Directive is a synopsis of the replies
submitted by Member States to the Implementation Questionnaire covering the period
2010-2012, pursuant to European Commission Implementing Decision of 25.11.2009.4
This is the first report of its kind, as 2011 was the first year Member States were
required to complete the Implementation Questionnaire for the Batteries Directive
following the Commission Decision in November 2009.
Member States were required to submit replies to the Implementation Questionnaires
for each Directive covered by this report for the 2010-2012 period, as well as any other

4 Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on
waste statistics (OJ L 332/1 of 9.12.2002)
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Preparation of Implementation Reports on Waste Legislation, including the Waste Shipment Regulation
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