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No. 16/ 2009 This Guidance is intended to help those placing batteries and accumulators, or products that may contain or incorporate batteries and accumulators, on the UK market1, to understand the application of the Waste Batteries and Accumulators Regulations 2009. The Guidance is also for those that sell portable batteries to consumers, and those collecting, treating, recycling or exporting waste batteries, as they also have obligations under the Regulations. The Regulations came into force on 5 May 2009.
Small producers are defined as those producers that place 1 tonne or less of portable batteries on the UK market in a year. Small producers will need to register with the relevant environment agency within 28 days of the first day after 15th October 2009 that they place batteries on the UK market.
Portable battery producers who place for the first time more than 1 tonne of portable batteries on the UK market in a compliance period must join a Battery Compliance Scheme (BCS). Producers who intend to place portable batteries on the market in a compliance year must join a BCS by 15 October preceding that compliance year. For example, producers placing batteries on the market in 2010 must join a BCS by 15th October 2009.
Portable Battery Compliance Schemes Key dates in the application process are shown in the table below:

Action First Compliance Year (i.e. 2010)

Second Compliance year onwards
Deadline for applications 31st May 2009
Between 15th April and 15th May EA’s request extra information (if necessary) 30th June 2009 15th June Deadline for schemes to submit additional information 31st August 2009 31st August EA’s issue decision to approve/reject applications 30th September 2009 31st October BCSs register members with the relevant environment agency (first year) or confirm their membership (subsequent years) 31st October 2009 31st October Dates are in the year preceding the compliance year
The annual subsistence charge for a portable batteries scheme is £118,000. In addition, to reflect the costs of monitoring producers in particular in dealing with data and compliance visits, schemes will be charged an additional £680 per member.
Scheme Targets 111. The Directive sets collection targets that must be met by 26 September 2012 and 26 September 2016. BCSs must collect waste portable batteries equivalent to at least 25% of their members‘ market share in 2012 and subsequent years. From 2016 onwards, schemes will need to collect at least 45%. They will do this by financing the net costs of the collection, treatment and recycling of waste portable batteries.
The annual average is usually calculated across three years, but in the first two compliance periods, is calculated across a shorter period. The periods are as follows:
For 2010 - sales in 2009 (NB If sales data is not provided for the whole of 2009, then the Environment Agencies will use the data that is provided to estimate the full year amount.

For 2011 - average of sales in 2009 and 2010.

From 2012 onwards - average of three years‘ sales including the current year. (For example, the target for 2012 is that schemes collect 25% of average sales in 2010, 2011 and 2012.)
Information Sources The Waste Batteries and Accumulators Regulations 2009 Government Guidance Notes (PDF 840 KB) SGS Taiwan LTD. – Taipei Multi Chemical Laboratory t: +886 2 2299 3279
f: +886 2 2299 3237
Email SGS Taiwan
SGS Taiwan LTD. – Kaohsiung Multi Chemical Laboratory t: +886-7-3012121
Ext. 4101 ~ 4106
f: +886-7-3010867
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