Are you obligated?
The forthcoming UK Batteries Regulations will impose Producer Responsibility obligations on Producers of industrial, automotive and portable batteries. This type of legislation is now an increasingly common approach (e.g. WEEE Regulations and Packaging Waste Regulations) for EU environmental legislation. It basically means placing a financial burden on all UK companies who are deemed to be a Producer, so that they are responsible for recording and reporting their own market share percentage of batteries and accumulators placed on the UK market. They will also be obligated to make arrangements to organise and (where appropriate) pay for the collection and recycling of waste batteries, and for ensuring that EU collection and recycling targets are met.
You will be obligated under the forthcoming UK Batteries Regulations if your company is classified as a Producer.
In the Directive itself the definition of “Producer” is as follows:
“Producer” means any person in a Member State that, irrespective of the selling technique used, including by means of distance communication as defined in Directive 97/7/ EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (1), places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis.
Only Producers will need to register and fulfil their obligations with a compliance scheme and Agency. Distance sellers of industrial and automotive batteries will also potentially be classified as Producers through their import activity.
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