The Batteries Directive was passed two years ago and
requires laws to be passed ordering producers of batteries to pay
for the collection, treatment and recycling of batteries.
The deadline for member states to pass the demands into law passed
last Friday but only seven countries have met that requirement.
They are Austria, Estonia, Latvia, Malta, The Netherlands, Slovenia
and Spain. Finland. Ireland, Poland and Lithuania claim that their
legislation is written but not yet in force, according to the
Agence France-Presse news agency.
Directives do not take direct effect, they simply act as
instructions to member states to pass laws putting them into
effect. Countries generally have two years to implement them, as
has been the case with the Batteries Directive.
“The revision of the Batteries Directive represents another
important step towards our goal of making Europe into a recycling
society," Environment Commissioner Stavros Dimas said. "Those
Member States that have not yet transposed it should do so without
delay."
"The Commission will take any necessary infringement action against
Member States which have not communicated their transposition
measures if they do not remedy the situation rapidly," said a
Commission statement.
The UK Government implemented some parts of the Directive by the
deadline of 26th September. Those were the parts of the Directive
referred to as the 'internal market' provisions.
The Batteries and Accumulators (Placing on the Market) Regulations
2008 restrict the use of certain materials in batteries, order
changes in the labeling of batteries to help recycling and demand
that certain kinds of batteries be removable.
The Directive also demands that the producers of batteries pay for
their collection and recycling, and that consumers have an easy way
to deposit them for collection. Those parts of the Directive have
not been implemented in the UK. The results of a consultation by
the Department for Business, Enterprise and Regulatory Reform
(BERR) were only published during summer. BERR said in that
response that it would consult further on the taking back of
batteries by producers later in the autumn.
"We recognise that there will be a delay in transposing the
portable provisions of the Batteries Directive," said the response.
"We expect the delay to be some weeks however we aim to transpose
before the end of the year. The delay is mainly due to the very
considerable complexity involved in setting up an effective and
efficient system for portable batteries."
BERR said that consultations would be launched in the autumn for
industrial and automotive batteries as well.
The Department for the Environment, Food and Rural Affairs (DEFRA),
which shares responsibility for battery policy, has said that
distance sellers must also comply with the battery producer
obligations. It said that it was considering the option of postal
returns for companies selling goods online or through other
distance selling methods.
The Directive mandates that a minimum of 25% of portable batteries
are recycled by 2012, rising to 45% by 2016.
The UK has a poor record on the recycling of batteries, with only
3% of batteries being recycled.
