Battery Power - July/August 2013 - (Page 52)

Feature Battery Take-Back Legislation: EU Speciality or Worldwide Principle of Waste Management? Ofira Varga, Senior Consultant 1WEEE Services GmbH Do you remember the good old days, when government and, in particular, municipalities assumed overall responsibility for waste management? Unfortunately, from a producer’s perspective they are gone in many regions and countries. In 2006, the EU published the Directive 2006/66/EU on batteries and accumulators and introduced take-back obligations for battery producers. This new approach is based on the “IPP – Integrated Product Policy” of the European Union. In 2001, the EU published a respective Green Paper1. One of the principles of IPP was to take away from governments the responsibility for the following streams of waste by putting the burden of waste management onto the shoulders of the producer: packaging, cars, electrical and electronic equipment and batteries2. The concept of this so-called extended producer responsibility (EPR) was already enunciated in a report of the Swedish Ministry of the Environment, published in 1990. In this report, EPR was defined as following3: “Extended producer responsibility is an environmental protection strategy to reach an environmental objective of a decreased total environmental impact from a product, by making the manufacturer of the product responsible for the entire life – cycle of the product and especially for the take–back, recycling and final disposal of the product.” EU Approach for Waste Management – An Example For Many Countries Today more and more governments of both industrialized and developing countries are introducing similar pieces of legislation. The map shows that waste management based on EPR has become a worldwide principle. Waste Management Legislation Worldwide 52 Battery Power • July/August 2013 Important Elements of EU Battery Legislation As the EU battery legislation is the most mature piece of legislation existing today, it is important for producers to understand the guiding principles of this legislation as a key to the legislative patchwork around the globe. Extended Producer Responsibility: Who is concerned by the scope of the EU Battery Directive? In order to answer the question who has an obligation to take back old batteries, a closer look on the respective definitions in the legislation is necessary. Two aspects have to be considered: 1. What is the general definition of a producer under a legislation implementing EPR? 2. How does the EU Battery Directive define the producer of batteries? 1. General Definition of a Producer Under EPR According to the “Guide on the implementation of directives based on the New Approach and the Global Approach”4, which intends to contribute to a harmonised practical implementation of EU directives, the responsibility for finished products, ready-made parts or components lies with the manufacturer. The manufacturer being regarded the person who is responsible for designing and manufacturing a product for the purpose of placing it on the market on his own behalf.5 In addition the importer who introduces products to the market may be considered the person responsible for the placing on the market and therefore may be held liable6. However, these are just basic guidelines and particularities such as potential responsibilities of installers, assemblers and authorized representatives may have to be considered as well. 2. EU Battery Directive: Producer Definition The EU Battery Directive considers the responsible producer any person in an EU member state, irrespective of the selling technique, including by means of distance communication, placing batteries or accumulators including those incorporated into appliances or vehicles, on the market for the first time in a member state on a professional basis. Different Types of Batteries Under EU Legislation It is important for a producer to understand the different types of batteries defined by law, because take-back and recycling of the various types of batteries is organized differently. Battery take-back schemes such as the German GRS Battery Foundation are taking back portable batteries only. For automotive batteries and industrial batteries, there are other ways of take-back and recycling. The following different types of batteries are distinguished by the EU Battery Directive: www.BatteryPowerOnline.com http://www.BatteryPowerOnline.com

Table of Contents for the Digital Edition of Battery Power - July/August 2013

From Processor to Power Management: The Copernican Moment for Portable Devices
The Mergers & Acquisitions Environment
ZigBee Resource Guide
Battery Take-Back Legislation: EU Speciality or Worldwide Principle of Waste Management?
Battery Pack/Assembly Manufacturer
Primary Battery Manufacturer
Secondary Battery Manufacturer
Alkaline
Lead-Acid
Lithium
Lithium-Ion
Lithium Iron Phosphate
Lithium Polymer
Manganese
Mercury
Ni-CD
Ni-MH
Silver
Thermal
Zinc
Aerospace/Aviation
Automotive
Consumer Electronics/Tools
Electric Vehicles
Industrial/Utility
Marine
Medical
Military
Renewable Energy Systems
Standby/Telecom/UPS
Accessories
Battery Assembly Equipment
Breakers
Cables/Harnesses
Capacitors
Chargers
Coatings
Components
Connectors
Consulting Services
Converters & Inverters
Dry Rooms
Electrolytes
Enclosures
Forming Systems
Holders
ICs & Semiconductors
Manufacturing Systems
Materials
Monitoring Systems
Powders
Power Supplies
Racks/Cabinets
Raw Materials
Recycling
Safety Systems & Equipment
Standby Power/UPS Systems
Testing Services
Testing Systems & Equipment
Watering Systems

Battery Power - July/August 2013

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