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Different types of business are affected by batteries regulations including:

• producers, ie anyone placing batteries on the United Kingdom market on a professional basis - this can be loose or within electrical and electronic equipment
• distributors and retailers
• recyclers and exporters of waste batteries

To understand your responsibilities you need to know if your business is classed as a battery producer or a battery distributor. Be aware that it is possible for you to be both a producer and a distributor.

Is my business a battery producer?

You are a producer of batteries if you manufacture or import batteries or appliances containing batteries and place them on the UK market for the first time, including:

• businesses with a UK presence that import batteries into the UK and then sell them wholesale in the UK
• businesses with a UK presence that manufacture or import products which include batteries (such as laptop computers) into the UK and then sell them in the UK
• UK battery manufacturers that sell to the general public or retailers

Examples of businesses that aren't producers include those that:

• import batteries into the UK and then sell them overseas without placing any on the UK market
• buy batteries wholesale from another business that has already placed the batteries on the UK market

Is my business a battery distributor or retailer?

The regulations place obligations on distributors, ie those supplying portable batteries on a professional basis to end users. If you supply 32 kilograms or more of portable batteries to end users per year, you must comply with the distributor requirements. This includes retailers that supply batteries to consumers and/or businesses. If you only supply batteries contained within equipment - rather than separate batteries - you do not have to take back waste batteries from end users.

Examples of distributors include:

• a retailer that sells them to end users - whether a business or the general public
• wholesalers that supply both to end users and retail outlets

'Supply' includes selling, providing and/or making available portable batteries to end users.

If you are unsure whether you supply 32 kilograms or more of batteries, .

Is my business a battery user?

Battery users have no obligations under the batteries regulations. However, they should dispose of their waste batteries in an environmentally sound way. For example, the disposal of whole, untreated industrial and automotive batteries in landfill or by incineration is banned.

Treating, recycling or exporting waste batteries

If you are involved in the treatment, recycling or export of waste batteries for recycling you must comply with a number of obligations.

A battery is defined as any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more battery cells.

Battery regulations apply to both single-use batteries (also known as primary batteries) and rechargeable batteries (known as secondary batteries or accumulators). However, batteries used for specific military purposes or in equipment designed to be sent into space are outside the scope of the regulations.

Batteries are divided into three categories:

• portable
• industrial
• automotive

Your business must comply with different requirements depending on the type of batteries it places on the market.

Portable batteries

Portable batteries are batteries or battery packs that are:

• sealed
• hand carried without difficulty
• neither an industrial or automotive battery

Examples of portable batteries include:

• AA or AAA batteries that might be used to power the remote control for a television
• batteries used in mobile phones, portable MP3 players or laptop computers
• button cells found on a PC motherboard or in a wristwatch

Industrial and automotive batteries

Industrial batteries are batteries or battery packs of any size that are:

• designed exclusively for professional or industrial uses
• used as a source of power for propulsion in electric vehicles
• unsealed but are not automotive batteries
• sealed but are not portable batteries

Examples of industrial batteries include those designed for use:

• in barcode readers and payment card readers in shops
• in professional video equipment and professional studios
• as a source of power and propulsion to drive the motor in forklift trucks, golf buggies and mobility buggies
• in lighthouses

Automotive batteries are used in vehicles such as cars, vans, lorries, buses and other types of road transport for starting the engine, and lighting.

If you manufacture or import batteries with the intention of placing them on the market, you must meet certain requirements that restrict the use of cadmium and mercury and set out how batteries should be labelled.

Substance restrictions in batteries

If you place batteries on the market you must ensure that they comply with the substance restrictions for cadmium and mercury. You must not place on the market:

• any battery that contains more than 0.0005 per cent (5 parts per million) of mercury by weight - button cells are permitted a mercury content of no more than 2 per cent by weight
• any portable battery that contains more than 0.002 per cent of cadmium by weight - this does not apply to portable batteries intended for use in emergency and alarm systems including emergency lighting, medical equipment or cordless power tools

Using the crossed out wheeled bin symbol on batteries

If you place batteries on the market you must label them with a crossed out wheeled bin symbol, which tells users that they should be recycled rather than thrown in a bin and sent to landfill. If the batteries are too small to be labelled, you must print the symbol on the packaging. The regulations set out specific dimensions for the marking of batteries and packaging with the symbol. .

Using appropriate chemical symbols on batteries

If you place batteries on the market you must label them with the appropriate chemical symbol or symbols beneath the crossed out wheeled bin symbol.

The chemical symbol is intended to show that one of the restricted materials is present in the battery, not the amount of that material. The regulations set out specific dimensions for the marking of batteries and packaging with the symbol.

Removability of waste batteries from appliances

If you place appliances on the market that contain batteries, or are designed to incorporate batteries, you must ensure that:

• the appliance is designed so that a waste battery can be readily removed from it
• instructions are included showing how the battery can be removed safely and, where appropriate, informing the end user of the type of battery incorporated

This requirement does not apply where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and a permanent connection is required between the appliance and the battery.

The majority of automotive batteries are traditional 12-Volt lead-acid batteries that have been used in cars, vans or trucks for many decades. They do not include batteries used in car key fobs or power propulsion for electric vehicles. A hybrid vehicle, for example, is likely to have two batteries - an automotive battery for ignition and an industrial battery for propulsion.

If you are a producer of industrial and/or automotive batteries you must . The NPWD is an integrated system that maintains a register of all types of battery producer - portable, industrial and automotive.

Industrial battery take back

Producers of industrial batteries must offer and be ready to take back and collect waste industrial batteries from end users free of charge in the following instances:

• when the producer is supplying new industrial batteries to the end user during the calendar year of purchase.
• when the end user is not able to return waste industrial batteries to the original producer that supplied the batteries or outside the calendar year of purchase, eg when not purchasing new batteries from a producer.
• If an end user is unable to dispose of waste industrial batteries by either of the options above

You must publish details of how end users can contact you to arrange free take back and collection of their waste industrial batteries by 1 December of the year before you place batteries on the market. As a minimum for example, this information should be made available and easily accessible on your website.

Automotive battery take back

Producers of automotive batteries must offer to take back and collect waste automotive batteries from final holders free of charge. Final holders include garages, scrap yards, end-of-life vehicle authorised treatment facilities, civic amenity sites or anyone else that removes automotive batteries from vehicles as part of their daily business.

If you intend to place automotive batteries on the market, you must publish details of how final holders can contact you to arrange free collection of their waste automotive batteries by 1 December in the year before you place batteries on the market. As a minimum for example, this information should be made available and easily accessible on your website.

Sending waste batteries for recycling or export

All collected waste industrial and automotive batteries must be sent to an approved battery treatment operator (ABTO) for recycling, or to an approved battery exporter (ABE) that can export the waste batteries for recycling. Collection and transport may be carried out by appropriately authorised third parties.

Storing waste batteries

If you store waste industrial or automotive batteries at your site, you may need a waste management licence or registered exemption.

You can register an exemption from waste management licensing if you store less than five tonnes of automotive or industrial batteries in any six month period. If you store more than five tonnes, you must have a waste management licence. .

Record keeping and reporting

You must keep written records of the total amount of:

• industrial and automotive batteries, in tonnes and by chemistry, that you have placed on the market for every year that you are registered as a producer
• waste industrial and automotive batteries, in tonnes and by chemistry, that you have been requested to take back and collect, or arranged to have been collected, and sent for treatment and recycling

For each year that you place industrial or automotive batteries on the UK market you must send an annual report to BIS, using the NPWD system. This must be sent by 31 March covering the preceding calendar year and include the information above.

If you place portable batteries on the United Kingdom market, either included with electrical equipment or separately, you must join a battery compliance scheme (BCS) or register directly with the Northern Ireland Environment Agency (NIEA).

Battery compliance schemes

If you place more than one tonne of portable batteries per year on the UK market, you must join one of several approved BCSs by 15 October in the year preceding the compliance year. If you do not know by 15 October if you will be placing batteries on the market in the forthcoming compliance year, you must join a compliance scheme within 28 days of when you start placing batteries on the market. BCS act on behalf of producers of portable batteries to meet their collection and recycling obligations. You should consider the services each BCS offers and the associated costs.

You must provide your BCS with the sales data it requires.

A BCS takes responsibility for:

• registering producers on the National Packaging Waste Database (NPWD)
• reporting sales data
• publicity and collection
• making sure waste portable batteries are treated and recycled
• reporting recycling data

Small producers of portable batteries

If you place one tonne or less of portable batteries per year on the UK market, you must register directly with the NIEA using the NPWD. The NPWD is an integrated system that maintains a register of all types of battery producer - portable, industrial and automotive.

You must register using the NPWD within 28 days of the date when you first place portable batteries on the market. You must provide information about your business and the tonnage and chemistry type of batteries you place on the market.

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Record keeping

All producers must keep written records of the total amount of batteries in tonnes that they place on the market in the UK for the first time per year, every year.

If you supply 32 kilograms or more of portable batteries per year to end users, you must allow all end users to return waste portable batteries free of charge. If you have more than one retail outlet, you only have to take back batteries at those that supply more than the 32 kilogram threshold. The responsibilities apply even if you are using distance selling methods.

One pack of four AA batteries per day is approximately 32 kilograms per year. To work out how much you supply, .

You must:

• ensure there is a free collection point for all kinds of waste portable batteries, not only the types you supply
• provide information to end users about your take-back arrangements

Only batteries supplied separately from equipment count towards the 32 kilograms threshold. Distributors of equipment containing portable batteries - such as laptop computers or mobile phones - do not have to take back waste portable batteries unless they also supply portable batteries separately.

You must not charge end users for returning waste portable batteries. They can drop off waste portable batteries without having to buy new batteries. You must not show customers the separate cost of collecting, treating and recycling batteries.

Point-of-sale information

You must provide information to customers about your take-back facility, including the location of your take-back facility and how it can be used.

If you supply portable batteries online or by mail order, you could include the identifier on your website or on other relevant documentation. You will still need to provide the information about your take-back service, however.

Store waste batteries securely

You should collect waste batteries in secure containers.

If you store waste portable batteries at a collection point, this activity is exempt from waste management licensing, although you will need to register an exemption.

If you intend to transport the waste batteries you collect yourself, you must comply with controls on hazardous waste and dangerous goods.

You must also ensure that the batteries collected are taken for recycling. Distributors with obligations to have a take-back system are entitled to request a free collection from battery compliance schemes (BCSs).

BCS duties

You should contact a BCS to arrange for the waste batteries that you have collected to be taken away. The BCS must respond within 21 days in order to make arrangements for collection. The collection must be free of charge to the distributor.

Distributors below the 32 kilogram threshold

If you supply less than 32 kilograms of portable batteries in a year, you have no waste portable battery take-back responsibilities. You can still choose to collect waste batteries, but you will not be entitled to free collection by a BCS. You may need to arrange for the transport and disposal of the waste portable batteries that you have collected yourself. You must therefore comply with controls on hazardous waste and dangerous goods.

It is recommended that you contact a BCS or your waste contractor before you start collecting waste portable batteries to find out what recycling options they operate that you may be able to access.

How the regulations are enforced

The Vehicle Certification Agency (VCA) is responsible for ensuring that portable battery distributors meet their obligations. Their inspectors have the right to visit you without giving notice to check that you are doing so.

There are several different ways that you can recycle your batteries at the end of their life, depending on the type.

Recycling waste portable batteries

If your business uses portable batteries, your supplier will operate a take-back scheme unless they supply less than 32 kilograms of batteries per year. You should check with your supplier to find out their arrangements for the collection of waste portable batteries and whether they are convenient for you. You could also contact your current waste contractor to discuss what options they offer.

Waste management contractors and local authorities may also have collections available in your area.

Mixed waste batteries and certain types of batteries are classed as waste. You must only transport your waste batteries to sites that have the appropriate waste management licence or exemption from the Northern Ireland Environment Agency (NIEA).

Recycling waste industrial batteries

If you buy new industrial batteries, the battery producer must, if requested, take back and collect your waste industrial batteries free of charge within the calendar year of purchase. Contact the supplier of your industrial battery to find out what arrangements they have in place.

If you are discarding your waste industrial batteries after the calendar year of purchase and not replacing them with new ones, you can approach the original supplier to request free take back and collection as long as they are still registered as a producer and placing that chemistry of industrial battery on the market (or have done so in the previous three years). Alternatively, you can approach other producers of industrial batteries for take back and collection free of charge as long as they are placing the same chemistry of battery on the market or have done so in the previous three years.

As a last resort, if you are unable to dispose of waste industrial batteries by either of the options above, you can contact any producer of industrial batteries to request take back and collection free of charge.

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Recycling waste automotive batteries

You are likely to be a 'final holder' of waste automotive batteries if you run a:

• garage
• scrap yard
• end-of-life vehicle authorised treatment facility
• local council civic amenity site

You can request free collection of waste automotive batteries from any producer who currently supplies new automotive batteries. For a list of registered producers you can call the NIEA Batteries Helpline on Tel 028 9056 9382.

You may find that the value of lead in waste automotive batteries means that independent battery collectors may approach you to purchase and take away your waste batteries due to their value. However, you are likely to need a number of waste batteries to make it worth their while. You must make sure your waste automotive batteries are stored, handled, recycled or disposed of safely and legally by licensed individuals or businesses.

If you treat or recycle waste batteries you must have a permit or licence. You may also need approval to be an approved battery treatment operator (ABTO).

Batteries - applying for a permit or licence

If you treat or recycle waste batteries you must have a waste management licence or registered exemption from the Northern Ireland Environment Agency (NIEA).

You must comply with the conditions in your licence or you can be fined or sent to prison.

If you treat waste batteries and your licence was issued before 20 May 2009, you must comply with the following conditions:

• remove all fluids and acids from the batteries
• store waste batteries, and the materials that result from treatment, in secure, covered and impermeable areas

These conditions have been added to your licence by law.

If your licence was issued after 20 May 2009, you must comply with the conditions in your licence.

Apply to be an approved battery treatment operator

You must apply to NIEA to be an ABTO if you want to:

• carry out the initial treatment or recycling of automotive or industrial batteries
• issue batteries evidence notes for the treatment and recycling of waste portable batteries

If you are an ABTO you must make sure that you:

• use the best available technology to treat or recycle batteries
• comply with all relevant health and safety, and waste management regulations
• remove all fluids and acids from the batteries
• store waste batteries, and the materials that result from treatment, in secure, covered and impermeable areas

You must achieve minimum recycling levels of:

• 65 per cent of the average weight of all lead acid batteries
• 75 per cent of the average weight of all nickel cadmium batteries
• 50 per cent of the average weight of other waste batteries

Keep records of battery treatment

You must keep records of the amount in tonnes of batteries you accept for treatment or recycling. You must provide NIEA with details of the quantity of batteries you have dealt with and the amount you received from each battery compliance scheme.

You must provide batteries evidence notes to battery compliance scheme operators to confirm the number of tonnes of batteries you have accepted for treatment in a year. You must supply battery evidence notes before 30 April in the year following each compliance period.

You must supply to NIEA an independently audited report by 31 May in the following year for each year that you operate.

If you export waste batteries you may need approval to be an approved battery exporter (ABE).

Apply to be an approved battery exporter

You must apply to the Northern Ireland Environment Agency (NIEA) to be an ABE if you want to:

• export waste industrial or automotive batteries for treatment or recycling
• issue batteries evidence notes for exporting waste portable batteries for treatment and recycling

If you are an ABE, you must ensure that the overseas business that accepts the batteries for treatment:

• uses the best available technology to treat or recycle batteries
• complies with all relevant health and safety, and waste management regulations
• removes all fluids and acids from the batteries
• stores waste batteries, and the materials that result from treatment, in secure, covered and impermeable areas

You must ensure that the overseas business that treats or recycles the waste batteries achieves minimum recycling levels of:

• 65 per cent of the average weight of all lead acid batteries
• 75 per cent of the average weight of all nickel cadmium batteries
• 50 per cent of the average weight of other waste batteries

Keep records of your battery exports

You must keep records of the total amount in tonnes of batteries that you have exported for treatment or recycling. You must provide NIEA with details of the quantity of batteries you have exported and the amount you received from each battery compliance scheme.

If you plan to partially treat batteries before exporting them you must register as an approved battery treatment operator. You will have to keep records of the total amount of batteries in tonnes that you treat.

You must provide battery evidence notes to the operators of battery compliance schemes to confirm the number of tonnes of batteries you have exported in a year. You must supply battery evidence notes before 30 April in the following year.

You must supply NIEA with an independently audited report by 31 May in the following year for each year you export waste batteries.