Implementation Report for the Directive 2006/66/EC on Batteries and Accumulators

Home , Battery Directive, Landfill Directive

Final Implementation Report for the Directive 2006/66/EC on Batteries and Accumulators

Service request under the framework contract No ENV.C.2/FRA/2013/0023

10 July 2015

ENV.C.2/FRA/2013/0023

Report for DG Environment, European Commission

Prepared by: Christina Tsiarta Steven Watson Joe Hudson

Approved by

………………………………………………….

Mike Brown (Project Director)

Eunomia Research & Consulting Ltd Tel: +44 (0)117 9172250 37 Queen Square Fax: +44 (0)8717 142942 Bristol Web: www.eunomia.co.uk BS1 4QS

United Kingdom

Disclaimer Eunomia Research & Consulting has taken due care in the preparation of this report to ensure that all facts and analysis presented are as accurate as possible within the scope of the project. However no guarantee is provided in respect of the information presented, and Eunomia Research & Consulting is not responsible for decisions or actions taken on the basis of the content of this report. This report has been prepared by Eunomia Research and Consulting based in the UK and its partners, ENT Environment and Management based in Spain, EPEM S.A. based in Greece, Ekokonsultacijos based in Lithuania and the Environmental Research Institute based in Slovenia (ORZ) for the European Commission, DG Environment under Study Contract DG ENV.C.2/FRA/2013/0023. The views expressed herein are those of the consultants alone and do not necessarily represent the official views of the European Commission.

Contents

1.0 Introduction ...... 7 1.1 The Batteries Directive ...... 7 1.1.1 Main Elements of the Batteries Directive ...... 7 1.1.2 About this Report ...... 9 1.1.3 Key Definitions ...... 10 1.1.4 Member State Implementation Questionnaires Considered for this Report.. 12 2.0 Transposition into National Law ...... 13 3.0 Implementation of the Directive ...... 25 3.1 Steps Taken to Increase the Environmental Performance of Batteries and Accumulators ...... 25 3.2 Implementation of Collection Schemes ...... 34 3.3 Collection Targets ...... 44 3.4 Measures Taken to Ensure Proper Treatment and Recycling of Waste Batteries and Accumulators ...... 55 3.5 Disposal of Collected Hazardous Portable Batteries or Accumulators ...... 65 3.6 Levels of Recycling ...... 67 3.7 Levels of Recycling Efficiency ...... 78 3.8 Measures Taken to Ensure that Batteries and Accumulators are not Sent to Landfill ...... 90 3.9 Measures Taken to Minimise the Disposal of Batteries and Accumulators as Mixed Municipal Waste ...... 96 3.10 Exports of Waste Batteries and Accumulators to Third Countries ...... 101 3.11 Measures Taken to Ensure that Producers are Responsible for Financing ..... 114 3.12 Measures to Ensure Producers are Not Double Charged ...... 122 3.13 Measures Taken to Encourage Developments ...... 132 3.14 Inspections and Monitoring Systems ...... 141 3.15 Non-compliance ...... 149 3.16 Difficulties Implementing the Directive...... 155 3.17 Administrative Body in Charge of Coordinating Answers to the Implementation Questionnaire ...... 161

4.0 General Conclusions on the Implementation of the Directive ...... 167 4.1 Identified Limitations of Reporting ...... 167 4.2 Suggestions for Improving Member State Reporting ...... 168 4.3 Concluding Remarks ...... 169 APPENDICES ...... 172 A.1.0 Appendix 1 – Table of Member State Implementation Questionnaires 2010- 2012 173

Final Implementation Report for Directive 2006/66/EC on batteries and accumulators

Preparation of Implementation Reports on Waste Legislation, including the Waste Shipment Regulation

List of Tables, Figures and Boxes

Table 3.1: Collection Rates across the EU27 for 2010-2012 ...... 45 Table 3.2: Collection Rates in the Czech Republic, 2011-2012 ...... 49 Table 3.3: Collection Rates in Germany, 2009-2012 ...... 50 Table 3.4: Collection Rates in Luxembourg, 2009-2012 ...... 51 Table 3.5: Collection Rates in Poland, 2009-2012...... 53 Table 3.6: Collection Rates in Sweden, 2009-2012 ...... 54 Table 3.7: Recycling Levels across the EU27 for 2010-2012 ...... 67 Table 3.8: Recycling Levels in the Czech Republic, 2009-2012 ...... 71 Table 3.9: Recycling Levels in France, 2009-2012 ...... 72 Table 3.10: Recycling Levels in Germany, 2009-2012 ...... 73 Table 3.11: Mass of Portable Batteries to Landfill in Germany, 2009-2012 ...... 73 Table 3.12: Recycling Levels in Lithuania, 2009-2011 ...... 75 Table 3.13: Recycling Levels in Slovakia, 2009-2012 ...... 76 Table 3.14: Recycling Levels in Slovenia, 2011-2012 ...... 77 Table 3.15: Recycling Levels in Sweden, 2009-2012 ...... 77 Table 3.16: Recycling Efficiency Rates across the EU27 for 2010-2012 ...... 79 Table 3.17: Levels of Recycling Efficiencies in the Czech Republic, 2009-2012 ...... 83 Table 3.18: Level of Recycling Efficiencies in France, 2012 ...... 83 Table 3.19: Level of Recycling Efficiencies in Germany, 2010-2012 ...... 84 Table 3.20: Level of Recycling Efficiencies in Hungary, 2011 ...... 85 Table 3.21: Level of Recycling Efficiencies in Luxembourg, 2010-2012 ...... 86 Table 3.22: Level of Recycling Efficiencies in the Netherlands, 2010-2012 ...... 86 Table 3.23: Level of Recycling Efficiencies in Slovakia, 2010-2012 ...... 88 Table 3.24: Level of Recycling Efficiencies in Sweden, 2009-2012 ...... 88 Table 3.25: Exports to EU Member States and/or Third Countries ...... 102 Table 3.26: Exports from France of Waste Batteries and Accumulators, 2009-2012 ...... 107 Table 3.27: Exports from Germany of Waste Batteries and Accumulators, 2008-2012.. 108 Table 3.28: Exports from Germany of Waste Batteries and Accumulators Other than Lead or Nickel-Cadmium, 2009-2012 ...... 109 Table 3.29: Exports from Slovenia of Waste Batteries and Accumulators, 2009-2011 ... 112

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Preparation of Implementation Reports on Waste Legislation, including the Waste Shipment Regulation

Table 3.30: Exports from the UK of Portable Waste Batteries and Accumulators ...... 113 Table 3.31: Exports from the UK of Automotive Waste Batteries and Accumulators, 2011 ...... 113 Table 3.32: Data on Producers, Importers and Distributors of Batteries in Lithuania .... 152 Table A. 1: Member State Implementation Questionnaires 2010-2012 ...... 173

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Preparation of Implementation Reports on Waste Legislation, including the Waste Shipment Regulation

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1.0 Introduction

1.1 The Batteries Directive Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators1 (hereafter referred to as the Batteries Directive or the Directive) was adopted in 2006 and has been subject to a number of revisions since. It regulates the placing on the market and collection, treatment, recycling and disposal of batteries in the European Union (EU) with the aim of improving their environmental performance. It sets maximum quantities for certain chemicals and metals in certain batteries; tasks Member States with encouraging improvements to the environmental performance of batteries; requires proper waste management of these batteries, including recycling, collections, ‘take-back’ programs and disposal; sets waste battery collection rates; sets financial responsibility for programs; and makes rules covering most phases of this legislation, including labelling, marking documentation, reviews, and other administrative and procedural matters. The last amendments to the Directive were incorporated in 2013.2

1.1.1 Main Elements of the Batteries Directive3 The Directive applies to all types of batteries and accumulators and prohibits the placing on the market of certain batteries and accumulators with a proportional mercury or cadmium content above a fixed threshold. In addition, it promotes a high rate of collection and recycling of waste batteries and accumulators and improvement in the environmental performance of all involved in the life-cycle of batteries and accumulators, including their recycling and disposal. To cut the amount of hazardous substances - in particular, mercury, cadmium and lead - dumped in the environment, the Directive prohibits the use of these substances in batteries and accumulators and requests treating and re-using the amounts that are used. To ensure that a high proportion of spent batteries and accumulators are recycled, Member States must take whatever measures are needed (including economic instruments) to promote and maximise separate waste collections and prevent batteries and accumulators being thrown away as unsorted municipal refuse. They have to make arrangements enabling end-users to discard spent batteries and accumulators at

1 Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266 of 26.9.2006) 2 DG Environment (2015) Batteries and Accumulators - Legislation, accessed 23 January 2015, http://ec.europa.eu/environment/waste/batteries/legislation.htm 3 EUROPA (2009) Disposal of spent batteries and accumulators, accessed 23 June 2015, http://europa.eu/legislation_summaries/environment/waste_management/l21202_en.htm#amendingact

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collection points in their vicinity and have them taken back at no charge by the producers. Collection rates of at least 25% and 45% have to be reached by 26 September 2012 and 26 September 2016 respectively. The recycling of battery and accumulator content to produce similar products or for other purposes has to reach the following levels by 26 September 2011: • at least 65% by average weight of lead-acid batteries and accumulators, including the recycling of the lead content to the highest degree that is technically feasible; • 75% by average weight of nickel-cadmium batteries and accumulators, including the recycling of the lead content to the highest degree that is technically feasible; and • at least 50% by average weight of other battery and accumulator waste. It is prohibited to put waste from industrial and automotive batteries and accumulators into landfill, or to incinerate it. Treatment and recycling may take place outside the Member State concerned or even outside the Community, provided EU legislation on the shipment of waste is respected. The producers have to bear the cost of collecting, treating and recycling industrial, automotive and portable batteries and accumulators, as well as the costs of campaigns to inform the public of these arrangements. End-users are to be informed in various ways, i.e. (i) through campaigns covering the potential effects on the environment and human health of the substances used in batteries and accumulators, and the collection and recycling arrangements at the end- users' disposal, (ii) directly by distributors that they can discard waste batteries and accumulators at sales points and (iii) marking batteries, accumulators, battery packs or packaging systems (depending on the size) visibly, legibly and indelibly with information on the need to dispose them properly, the capacity of the accumulator or the portable battery and on the substances contained. Member States must send the Commission reports on the implementation of the Directive and the measures they are taking to encourage developments affecting the impact of batteries and accumulators on the environment (including new recycling and treatment techniques). The main obligations of the Batteries Directive are: 1) Transposition 2) Environmental performance (Article 9) a. Article 9 requires Member States to have taken steps to increase the environmental performance of batteries and accumulators. 3) Collection Schemes and Targets (Article 8 and 10) a. Article 8 requires Member States to discuss collection schemes they have implemented and the collection rates achieved in each calendar year; and b. Article 10 requires Member States to calculate and monitor the collection rates and achieve the minimum collection rates outlined i.e. at least 25%

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and 45% have to be reached by 26 September 2012 and 26 September 2016 respectively. 4) Treatment and Recycling (Article 12 (1) and Annex III, Part B) a. Article 12 (1) requires Member States to explain the measures they have taken to ensure that all collected waste batteries and accumulators undergo proper treatment and recycling, to explain how they dispose of hazardous portable batteries and accumulators and discuss the level of recycling and efficiency achieved each year; and b. Annex III, Part B sets out the minimum recycling efficiencies that Member States must achieve as outlined above. 5) Disposal (Article 14) a. Article 14 requires Member States to describe the measures taken to ensure waste industrial and automotive batteries and accumulators are not disposed of in landfills, and to minimise the disposal as mixed municipal waste. 6) Exports (Article 15) a. Article 15 requires Member States to specify how many collected waste batteries and accumulators have been exported to third countries, and to which ones.

1.1.2 About this Report The European Commission (DG Environment) (hereafter referred to as the Commission) awarded a contract to Eunomia Research and Consulting based in the UK, together with its partners, ENT Environment and Management based in Spain, EPEM S.A. based in Greece, Ekokonsultacijos based in Lithuania and the Environmental Research Institute based in Slovenia (ORZ) to assess and summarize the information submitted by Member States to allow the preparation of an Implementation Report on the Batteries Directive for 2010-2012 (DG ENV.C.2/FRA/2013/0023). This Implementation Report for the Batteries Directive is a synopsis of the replies submitted by Member States to the Implementation Questionnaire covering the period 2010-2012, pursuant to European Commission Implementing Decision of 25.11.2009.4 This is the first report of its kind, as 2011 was the first year Member States were required to complete the Implementation Questionnaire for the Batteries Directive following the Commission Decision in November 2009. Member States were required to submit replies to the Implementation Questionnaires for each Directive covered by this report for the 2010-2012 period, as well as any other

4 Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (OJ L 332/1 of 9.12.2002)

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relevant information on the implementation of the aforementioned Directives to the Commission. The deadline set for Member States was 18 June 2014. However any information submitted by Member States up to the time of writing this report was also taken into consideration.5 On certain occasions Member States may have omitted to submit a reply to a particular question or to any of the questions in the Implementation Questionnaire. In such cases it was necessary to consider other sources, where available. Whenever a source other than the Batteries Directive Implementation Questionnaire replies for 2010-2012 is used, that is indicated in the report. Examples include data published by EUROSTAT and the European Environment Agency, information found on EUR-Lex,6 as well as any relevant documentation found on national websites of Member States. On such occasions if any discrepancies were identified between the reply submitted by Member States in the Implementation Questionnaire 2010-2012 and any other sources considered, these have been noted and are discussed. In this report Sections 2.0 and 3.0 start off by setting out the questions as they appear in the Implementation Questionnaire followed by a top level summary of the Member State replies to each question for the period 2010-2012. Section 4.0 presents concluding remarks. Appendix A.1.0 provides a tabular summary of the number of Member States across the European Union’s (EU) 287 which have submitted replies to the Implementation Questionnaires to the Commission for the Batteries Directive for the period 2010-2012. For practical reasons, the report does not always differentiate between direct quotes taken from Member States’ replies and re-phrased or shortened paragraphs. All due care has been taken in completing this synopsis. However, please note that the original replies submitted by Member States to the Implementation Questionnaire constitute the only ‘authentic’ source of information.

1.1.3 Key Definitions The list below presents brief explanations of key terms used throughout this report:

5 The cut-off date was 31 December 2014. 6 EUR-Lex website covering European and National Legislation and Commission Decisions on related Acts found at: http://eur-lex.europa.eu/homepage.html [Accessed 16th April 2015] 7 The EU28 consists of: Austria; Belgium; Bulgaria; Croatia; Cyprus; the Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; the Netherlands; Poland; Portugal; Romania; Slovakia; Slovenia; Spain; Sweden; and the UK. Please note Croatia joined the EU on 1 July 2013.

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Implementation Questionnaire 2010-2012: The questionnaire issued to Member States on the implementation of the Batteries Directive on waste pursuant to Commission Implementing Decision of 2009/851/EC,8 covering the period 2010-2012. General Implementation Report 2007-2009: The Commission Report on the Implementation of Community Waste Legislation, which summarises the implementation of EU legislation on waste across all Member States for the period 2007- 2009.9 It covers Directive 2006/12/EC on waste,10 Directive 91/689/EC on hazardous waste,11 Directive 75/439/EEC on waste oils,12 Directive 86/278/EEC on sewage sludge,13 Directive 94/62/EC on packaging and packaging waste,14 Directive1999/31/EC on the landfill of waste15 and Directive 2002/96/EC on waste electrical and electronic equipment.16 It is based on the information provided in detailed reports for each Directive/Regulation. A separate report focuses on the Waste Shipment Regulation17 for the same period (i.e. 2007-2009) and covers the implementation of Regulation (EC) 1013/2006 on shipments of waste.18. The General Implementation Report for the 2010-2012 period will be the first report to include the replies by Member States in the Implementation Questionnaire for the Batteries Directive.

8 Commission Decision 2009/851/EC of 25 November 2009 establishing a questionnaire for Member States reports on the implementation of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (OJ L 312/56 of 27.11.2009) 9 European Commission (2013) Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the EU waste legislation for the period 2007-2009, January 2013, http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:52013DC0006&from=EN 10 Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ L 114/9 of 27.4.2006) 11 Directive 91/689/EEC on hazardous waste (repealed) (OJ No L 377/20 of 31.12.91) 12 Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (repealed) (OJ No L 194/23 of 25.7.75) 13 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ No L 181/6 of 4.7.86) 14 European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ No L 365/10 of 31.12.94) 15 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182/1 of 16.7.1999) 16 Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37/24 of 13.2.2003) 17 European Commission (2012) Report from the Commission to the Council and European Parliament on the implementation of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste, within, into and out of the European Community, and on the implementation of Regulation (EC) No 1013/2006 of 14 June 2006 on shipments of waste for the period 2007-2009, August 2012, http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:52012DC0448&from=EN 18 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on Shipments of Waste (OJ L 190/1 of 12.7.2006)

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Completeness: The assessment of completeness of each Member State reply in the Implementation Questionnaire 2010-2012. In certain instances a Member State reply to a question in the Implementation Questionnaire may have been partially complete or non-existent and this has been noted where relevant.

1.1.4 Member State Implementation Questionnaires Considered for this Report Appendix A.1.0 presents in a table the Member States that submitted replies to the Implementation Questionnaire 2010-2012 to the Commission (Table A. 1). As indicated by Table A. 1, 24 Member States submitted replies to the Implementation Questionnaires for 2010-2012, with only four Member States not submitting these to the Commission. These are Croatia; Denmark; Greece; and Latvia. Croatia became a Member State of the European Union on July 1st 2013 and was therefore not required to implement this Directive during the reporting period (2010- 2012). This report therefore only mentions Croatia where relevant. For the other three Member States other sources of information have been considered, where possible, to include EUROSTAT, EUR-Lex, national legislation, national Waste Management Plans and national government agencies. It is also worth noting that Poland did not submit a reply to the Implementation Questionnaire 2010-2012 but it did provide a fact sheet which answers some of the questions in the Implementation Questionnaire. This fact sheet has been considered where applicable for the purposes of this reporting.

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2.0 Transposition into National Law

Member States are required to transpose the Batteries Directive and its requirements into national legislation. Question (1) (a): Please provide a reference and, if available, an electronic link to your national laws transposing Directive 2006/66/EC, including any amendments. Article 26 of the Batteries Directive is the article which is relevant to this question and concerns the transposition of the Directive. It requires Member States to bring laws, regulations and administrative procedures necessary to comply with its requirements into force by 26 September 1998. Question (1) (a) of the Implementation Questionnaire asks Member States to reference those national laws transposing the Directive. All reporting Member States (23) have transposed the Batteries Directive into national legislation, in line with Article 26. The detailed replies are provided below. Neither Croatia, Denmark, Greece nor Latvia submitted replies to the Implementation Questionnaire 2010-2012; however in all cases other national legal acts and decisions were considered which transpose the Directive. In Croatia there’s are the rules on the management of waste batteries and accumulators (NN 133/2006) which set out the provisions for the management of waste batteries and accumulators including financing and minimising their environmental impact. In Denmark there’s a series of national legislation in place addressing prohibitions, collection schemes, economic instruments, treatment and recycling, financing, information for end-users, labelling and penalties. In Greece the Joint Ministerial Decision 41624/2057/E103 addresses recycling targets, prohibitions, collection schemes and alternative management, recycling and treatment, exports, financing and marking. In Latvia19 the national Law on Natural Resource Tax; the Cabinet of Ministers regulation No Nr.485 (2011. 21.06) on Management of special streams of hazardous waste; and the Law on Waste Management outline the responsibilities of producers and distributors to manage waste batteries and accumulators as set out in Chapter V. Member States replies are summarised below: Austria: Austria outlined the following pieces of national legislation which implement the Batteries Directive: (i) Regulation of the Minister of Agriculture, Forestry, Environment and Water on waste prevention, collection and treatment of Batteries and accumulators (batteries regulation), BGBl. II Nr. 159/2008, May 15, 2008 (Entry into force: May 16, 2008, and September 26, 2008); (ii) Regulation of the Minister of Agriculture, Forestry, Environment and Water Management on treatment obligations of waste (Waste Treatment Obligations Ordinance), BGBl. II Nr. 459/2004 of 3 December 2004, as amended BGBl. II Nr. 363/2006 of 25 September 2006 (Entry into force: 1

19 Found on the government portal (www.likumi.lv) or the Ministry of Environment website (www.varam.gov.lv).

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January 2005 and 13 August 2005); and (iii) the Waste Management Act which was amended in 2002 ( AWG – amendment Batteries) , BGBl. I no. 54/2008 of 9 April 2008 (Entry into force: April 10, 2008, and September 26, 2008). Belgium: The Directive was transposed into Belgian legislation by the Royal Decree of 27 March 2009 on the placing on the market and end-user information of batteries and accumulators and repealing the Royal Decree of 17 March 1997 on batteries and accumulators containing certain dangerous substances published on April 7, 2009. Various decrees also exist in each of the regions (Flemish, Brussels and Walloon) that transpose the Directive into national legislation, addressing the sustainable management of material cycles and waste, waste prevention and management, take-back obligations for waste batteries and accumulators for recovery or disposal and financing. 2021222324 Bulgaria: The Regulation on the requirements for placing batteries and accumulators on the market and for treatment and transportation of waste batteries and accumulators, which entered into force on 1 January 2006 is the main piece of national law transposing the basic principles and requirements of the Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators (COM 2003(723) final). The above regulation was amended and supplemented in 2008 in order to fully transpose Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and entered into force on 20 January 2009. Based on a new Waste Management Act adopted on 13 July 2012 transposing the Waste Framework Directive 2008/98/EC, a Regulation on batteries and accumulators and waste batteries and accumulators is the latest piece of relevant legislation drafted and it entered into force on 8 January 2013.25 Cyprus: The main piece of national law transposing the Directive is the Regulation on waste batteries and accumulators (2011) which addresses how to manage waste batteries and accumulators including their collection, treatment and disposal.2627 The Czech Republic: The main piece of legislation transposing the Directive is Act No 185/2001 on waste and amending certain other acts, as amended and the amendment to Act No 185/2001 (No 169/2013), as well as the Decree No 170/2010 on batteries and

20 http://navigator.emis.vito.be/milnav-consult/ 21Http://www.ejustice.just.fgov.be/cgi/api2.pl?lg=fr&pd=2012-06-27&numac=2012031319 22http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2002071864&table_name= loi 23http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?language=fr&la=F&cn=2002041838&table_name=loi& &caller=list&fromtab=loi&tri=dd+AS+RANK 24http://environnement.wallonie.be/legis/dechets /decat027.htm 25http://www3.moew.government.bg/files/file/Waste/Legislation/Naredbi/waste/Naredba za BA i za NUBA.pdf 26http://www.moa.gov.cy/moa/environment/environment.nsf/All/24576AAA8627D41AC22579410042FB9 A?OpenDocument 27http://www.moa.gov.cy/moa/environment/environment.nsf/All/24576AAA8627D41AC22579410042FB9 A?OpenDocument

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accumulators.28 These pieces of legislation prescribe methods for demonstrating compliance with the conditions that need to be met when placing on the market batteries and accumulators, how they should be labelled and registered and their collection, treatment, recovery and disposal, including financing. Estonia: There’s a series of national Estonian legislation transposing the Battery Directive into Estonian law. These address: waste management, labelling, registration requirements for producers, collection rates, targets for recycling and recovery, requirements for collection, treatment and disposal and financing.29303132333435 Finland: Finland referred to its Waste Act 646/2011 which covers matters related to producer responsibility from 1 May 2013. Before that, the former Waste Act (1072/1993) was in force.36 Also relevant was the Government Decree on batteries and accumulators (422/2008).37 France: The transposition of Directive into national law is implemented by the Environmental Code, accompanied by three ministerial orders in France: (i) Decree of 18 November 2009 (OJ of 3/12/2009) amended by the Decree of 21 November 2011 (OG 30/11/2011) laying down the circumstances and conditions under which the obligations concerning cadmium levels in portable batteries do not apply; (ii) Decree of 18 November 2009 (OJ of 15/12/2009) concerning the registration process and statement to the National Register for batteries; and (iii) Order of 9 November 2009 (OJ of 14/11/2009) as amended by the Decree of 26 October 2011 (OJ 7/12/2011) on transit, grouping, sorting and treatment of batteries and accumulators (amended on October 26, 2011). These texts can be found on the website Légifrance.38 Germany: Germany referenced a series of national legislation in its reply, which implement Batteries Directive 2006/66/EC, giving details on the relevant articles and clauses in each. The three main pieces of legislation are: (i) Batteriegesetz (i.e. the Battery Act or BattG) which outlines the steps that producers and distributors must follow to place batteries on the German market, including outlining the collection schemes they have signed up for and to outline reasonable take-back options;39 (ii)

28http://www.mzp.cz/www/platnalegislativa.nsf/d79c09c54250df0dc1256e8900296e32/8fc3e5c15334ab9 dc125727b00339581?OpenDocument; http://aplikace.mvcr.cz/sbirka- zakonu/SearchResult.aspx?q=169/2013&typeLaw=zakon&what=Cislo_zakona_smlouvy; http://www.mzp.cz/cz/baterie_akumulatory_legislativa; http://www.mzp.cz/ris/vis-legcz-en.nsf/. 29 https://www.riigiteataja.ee/akt/114062013006 30 https://www.riigiteataja.ee/akt/107082012009 31 https://www.riigiteataja.ee/akt/113062013012 32 https://www.riigiteataja.ee/akt/125022011002 33 https://www.riigiteataja.ee/akt/122122011033 34 https://www.riigiteataja.ee/akt/12910878 35 https://www.riigiteataja.ee/akt/101092011003 36 http://www.finlex.fi/fi/laki/ajantasa/2011/20110646 37 http://www.finlex.fi/fi/laki/ajantasa/2008/20080422 38 http://www.legifrance.gouv.fr 39 http://www.gesetze-im-internet.de/bundesrecht/battg/gesamt.pdf

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Council Regulation on the implementation of the Batteriegesetzes (BattGDV) which implements the Batteries Act;40 and Electrical and Electronic Equipment Act (ElektroG) which sets the obligations involving the placing on the market of electrical and electronic equipment, take-back, treatment and recovery, the responsibilities of stakeholders and which are the relevant authorities.41 Hungary: The following pieces of legislation transpose the Directive into national law: (i) Government Decree No 181/2008 of 8 July 2008 (repealed on 1 January 2013); (ii) Decree No 21/2008 of 30 August 2008 of the Minister for Environment and Water Protection (repealed on 1 January 2013); and (iii) Government Decree No 445/2012 of 29 December 2012, currently in force.42 These address the management of waste and of products containing hazardous substances Ireland: Directive 2006/66/EC as amended is transposed into Irish national law by means of the following Statutory Instruments: (i) Waste Management (Batteries and Accumulators) Regulations 2008, S.I. No. 268 of 2008;43 Waste Management (Batteries and Accumulators) (Amendment) Regulations 2008, S.I. No. 556 of 2008;44 and (ii) European Union (Batteries and Accumulators) (Amendment) Regulations 2012, S.I. No. 529 of 2012.45 These outline the take-back schemes for batteries, and what the obligations for importers and retailers are including financing. Italy: Directive 2006/66/EC was transposed in national law by (i) Legislative Decree No 188 of 20 November 200846 and (ii) Legislative Decree No 21 of 11 February 201147, which corrected a series of errors found in Legislative Decree No 188/2008, improved the coordination of its provisions and brought its content in line with subsequently published Community provisions. These pieces of legislation address collection schemes and economic instruments to be used, how to increase environmental performance, collection targets and collection, treatment and disposal, labelling, information for end- users and penalties. Lithuania: Lithuania provided a long list of national legislation transposing the Directive, which address management of waste batteries and accumulators, information for end users, obligations for producers and distributors, collection systems, treatment and disposal.484950515253545556575859606162636465666768697071

40 http://www.gesetze-im-internet.de/bundesrecht/battgdv/gesamt.pdf 41 http://www.gesetze-im-internet.de/bundesrecht/elektrog/gesamt.pdf 42 http://www.kozlonyok.hu/nkonline/MKPDF/hiteles/mk12184.pdf 43 http://www.irishstatutebook.ie/pdf/2008/en.si.2008.0268.pdf 44http://www.environ.ie/en/Legislation/Environment/Waste/WasteManagement/FileDownLoad,19240,en .pdf 45 http://www.irishstatutebook.ie/pdf/2012/en.si.2012.0529.pdf 46 http://www.camera.it/parlam/leggi/deleghe/08188dl.htm 47 http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2011;021 48 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=301456&p_query=&p_tr2=2 49 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=309431&p_query=&p_tr2=2 50 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=323621&p_query=&p_tr2=2

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Luxembourg: The main pieces of national legislation transposing the Directive is the Act of December 19, 2008 on batteries and accumulators and waste batteries and accumulators ;72 and the Act of March 21, 2012 relative to the management of waste, and amending the law of December 19, 2008 on batteries and accumulators and on waste batteries and accumulators.73 These outline prohibitions, how to increase their environmental performance, obligations regarding placing on the market, take-back and collection schemes and targets, disposal and treatment, recycling and exports. Malta: The Batteries Directive was transposed through two pieces of legislation, one under the Product Safety Act, and another under the Environment Protection Act (later replaced by the Environment and Development Planning Act). These are as follows: (i) Batteries and Accumulators Regulations, 2007 published on 23 October 2007 74 (amended by The Batteries and Accumulators (Amendment) Regulations 2009)75 and Legal Notice 311 of 2007 amended by The Batteries and Accumulators (Amendment) Regulations 2011 published on 29 July 201176; and (ii) Waste Management (Waste Batteries and Accumulators) Regulations, 2010 (Legal Notice 55 of 2010) under the Environment Protection Act which came into force on 28 May 201077 and was further amended by the Waste Management (Waste Batteries and Accumulators) (Amendment)

51 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=232383&p_query=&p_tr2=2 52 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=259325&p_query=&p_tr2=2 53 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=290416&p_query=&p_tr2=2 54 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=325345&p_query=&p_tr2=2 55 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=327688&p_query=&p_tr2=2 56 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=327684&p_query=&p_tr2=2 57 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=231499&p_query=&p_tr2=2 58 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=331332&p_query=&p_tr2=2 59 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=327600&p_query=&p_tr2=2 60 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=230181&p_query=&p_tr2=2 61 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=169012&p_query=&p_tr2=2 62 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=198583&p_query=&p_tr2=2 63 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=344991&p_query=&p_tr2=2 64 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=344990&p_query=&p_tr2=2 65 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=369301&p_query=&p_tr2=2 66 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=397404&p_query=&p_tr2=2 67 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=397833&p_query=&p_tr2=2 68 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=159552&p_query=&p_tr2=2 69 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=415984&p_query=&p_tr2=2 70 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=416076&p_query=&p_tr2=2 71 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=415961&p_query=&p_tr2=2 72 Http://www.legilux.public.lu/leg/a/archives/2008/0219/a219.pdf#page=2 73 Http://www.legilux.public.lu/leg/a/archives/2012/0060/a060.pdf#page=2 74 http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=20305&l=1 75 http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=20023&l=1 76 http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=22445&l=1 77 http://www.mepa.org.mt/LpDocumentDetails?syskey=1208

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Regulations, 2011 published under the new act, the Environment and Development Planning Act.78 The Netherlands: The Directive has been transposed by the Decree on the management of batteries and accumulators 2008 [Besluit beheer batterijen en accu's 2008].79 Subsequent amendments were also made in the 2008 Regulation on the management of batteries and accumulators [Regeling beheer batterijen en accu's 2008].80 Poland:81 The Batteries and Accumulators Act of 24 April 2009 (Journal of Laws 2009/79, item 666, as amended) transposes the Directive into national law. It requires operators of treatment facilities for waste batteries and accumulators to draw up an annual report and send it to the president of the provincial executive by 15 March of the year following the reporting year. This report is to contain information on: the type and weight of waste batteries and accumulators accepted for treatment; the type and weight of waste batteries and accumulators treated; and the recycling rates achieved. Portugal: The Directive has been transposed to national law by Decree-Law 6/2009, of January 6th, that has been amended by the Statement of Rectification 18-A/2009, of March 6th, and Decree-Law 266/2009, of September 29th.82 It addresses prohibitions, how to increase their environmental performance, obligations regarding placing on the market, take-back and collection schemes and targets, disposal and treatment, recycling and exports.

Romania: Directive 2006/66/EC has been transposed into national law by Government Decision No 1132/2008 (Official Gazette No 667 of 25/9/2008) on batteries and accumulators and waste batteries and accumulators, amended by Government Decision No 1079/2011 (Official Gazette No 780 of 3/11/2011), and three ministerial orders: (i) Joint Order No 669/1304/2009 of the Minister for the Environment and the Minister for Economic Affairs approving the registration procedure for manufacturers of batteries and accumulators; (ii) Joint Order No 1399/2032/2009 of the Minister for the Environment and the Minister for Economic Affairs approving the procedure for recording and reporting data on batteries and accumulators and waste batteries and accumulators; and (iii) Joint Order No 2743/3189/2011 of the Minister for the Environment and Forestry and the Minister for Economic Affairs, Trade and the Business Environment approving the procedure and criteria for the evaluation and authorisation

78 http://www.mepa.org.mt/LpDocumentDetails?syskey=1371 79 http://wetten.overheid.nl/BWBR0024491/geldigheidsdatum 25-07-2013. 80 http://wetten.overheid.nl/BWBR0024492/geldigheidsdatum 25-07-2013 81 Please note that Poland did not submit a reply to the Implementation Questionnaire 2010-2012. Instead it submitted a report titled ‘Report from Poland on the recycling rates achieved for waste batteries and accumulators in the period from 26 September 2008 to 26 September 2012’ which is used as the basis for this reporting. However this report does not follow the questions of the Implementation Questionnaire and therefore replies are available for only some of the questions. 82 http://www.aDambiente.Dt/index.DhD?ref=16&subref=84&sub2ref=197&sub3ref=281

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of collective organisations and the evaluation and approval of the operating plans of manufacturers fulfilling the obligations regarding the management of waste batteries and accumulators on their own, and the membership and tasks of the evaluation and authorisation committee, amended by Joint Order No 2366/1548/2012 of the Minister for the Environment and Forestry and the Minister for Economic Affairs, Trade and the Business Environment (Official Gazette No 632 of 4/9/2012). All the legislation is available on the websites of the Ministry of the Environment and Climate Change and the National Environmental Protection Agency.83 These outline prohibitions, how to increase their environmental performance, obligations regarding placing on the market, take-back and collection schemes and targets, disposal and treatment, recycling and exports. Slovakia: The following pieces of legislation transpose the Directive into national law: (i) Act No. 223/2001 on waste and amending certain laws, as amended (Waste Act); (ii) Decree of the Ministry of Environment of the Slovak Republic No. 283/2001 on the implementation of certain provisions of the Waste Act as amended by Decree No. 509/2002, Decree No. 128/2004, Decree No. 599/2005, Decree No. 301/2008, and Decree No. 263/2010; and (iii) Decree of the Ministry of Environment of the Slovak Republic No. 126/2004 on the authorization, issuance of expert opinions in matters of waste, on designating the persons authorized to issue expert opinions, and on verification of technical competence of such persons and the Decree of the Ministry of Environment of the Slovak Republic No. 85/2013. Currently an ongoing legislative process of adopting the amendment Act No. 223/2001 on waste is under way, which removes defects due to the transposition of Parliament and Council Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators. Effectiveness of the amendment to the Waste Act shall begin from October 2013. Due to incorrect transposition and it not being fully implemented in Slovakia in the 2010-2012 period, the Slovak Republic was also sent reasoned opinion No. 2012/2062 by the European Commission. The legislation now addresses restrictions, duties for the producer, distributor and seller, collection and processing of used batteries and accumulators, disposal, financing and labelling and came into force post-2012.84 Slovenia: The following pieces of legislation transpose the Directive into national law: (i) Decree on the management of batteries and accumulators and waste batteries and accumulators85 and (ii) Decree on the management of batteries and accumulators and

83 http://www.deseurielectrice.ro/legislatie_dba.htm and http://www.anpm.ro/articole/deseuri_de_baterii_si_acumulatori-29. 84 EIONET (2012) European Topic Centre on Sustainable Consumption and Production - Waste prevention for Slovakia, http://scp.eionet.europa.eu/facts/factsheets_waste/2011_edition/wasteprevention/bycountry?country=S K 85 http://zakonodaja.gov.si/rpsi/r06/predpis_URED4696.html

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waste batteries and accumulators which entered into force on 16th January 2010.86 These pieces of legislation address collection schemes, financing, the production and placing on the market of batteries and accumulators, obligations for collection and treatment, disposal and recycling and responsibilities of the end user. Spain: The Directive is transposed by (i) the Royal Decree 106/2008 of 1 February 2008 on batteries and accumulators and the environmental management of their waste;87 and (ii) the Royal Decree 943/2010 of 23 July 2010, amending Royal Decree 106/2008 of 1 February 2008 on batteries and accumulators and the environmental management of their waste.88 These address prohibitions, collection and take-back schemes, treatment and disposal, financing, targets and management control, voluntary agreements, financing and penalties. Sweden: The Directive was transposed into national legislation with the Ordinance on producer responsibility for WEEE (amended 2008).89 It introducers requirements for registration of producers, labelling, prohibitions for hazardous material, obligations for information sharing, financing, reporting and supervision, collection, treatment, disposal and penalties. The UK: The following regulations transpose the Directive into national law: (i) the Waste Batteries and Accumulators Regulations 2009 (SI 2009/890) which applies throughout the UK, with the exception of Regulation 56 (prohibition on disposing of waste automotive and industrial batteries in landfill or by incineration) which does not apply in Scotland;90 (ii) the Waste Batteries (Scotland) Regulations 2009 (SSI 2009 No. 247);91 the Batteries and Accumulators (Placing on the Market) Regulations 2008 (SI 2008/2164);92 the Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2012 (SI 2012/1139);93 and Schedule 19 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675).94 These pieces of legislation outline the producer obligations in England, Wales, Scotland and Northern Ireland, obligations regarding treatment and recycling, collection and take-back schemes and financing.

Question (1) (b): Has any provision set up in Articles 8, 15 and 20 been transposed by means of voluntary agreements between the competent authorities and the economic operators concerned? Article 8 requires Member States to set up collection schemes for portable batteries and accumulators.

86 http://zakonodaja.gov.si/rpsi/r01/predpis_URED5201.html 87 http://www.boe.es/diario_boe/txt.php?id=BOE-A-2008-2387 88 http://www.boe.es/diario_boe/txt.php?id=BOE-A-2010-12536 89 http://www.notisum.se/rnp/SLS/lag/20050209.htm 90 http://www.legislation.gov.uk/uksi/2009/890/contents/made 91 http://www.legislation.gov.uk/ssi/2009/247/contents/made 92 http://www.legislation.gov.uk/uksi/2008/2164/contents/made 93 http://www.legislation.gov.uk/uksi/2012/1139/contents/made 94 http://www.legislation.gov.uk/ukdsi/2010/9780111491423/contents

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Article 15 refers to exports of batteries and accumulators outside the Member State or even outside the European Union for treatment and recycling. Article 20 requires Member States to provide information to end-users through campaigns on the effects of batteries and accumulators to human health and the environment, how to dispose of them and/or recycle them, what collection schemes exist, etc. Question (1) (b) of the Implementation Questionnaire asks Member States to explain any voluntary agreements which may have been set up between the competent authorities and the economic operators to meet the provisions of these Articles. Given Question (1) (b) refers to setting up voluntary agreements, Member States are not necessarily required to have these in place, so for many the reply was that they had not. Member State replies are summarised below: Austria: The Member State responded ‘no’ to this question. Belgium: (i) Flemish Region: The provisions that have been set up are an Environmental Agreement on the duty of acceptance for discarded portable and industrial batteries and accumulators of June 11, 2010 and an Environmental Agreement on the duty of acceptance for discarded car batteries and accumulators of June 11, 2010.95 (ii) Brussels Region: In Brussels an environmental convention has been implemented to formalise the manner in which producers or importers implement their waste back obligations or from the products they provide on the market. Regarding batteries and portable and industrial batteries, a first environmental agreement was concluded between the Brussels government, BEBAT and the Federation of Electricity and Electronics on May 28, 2004 and expired on May 28, 2009 . The procedure leading to a further extension until 31 December 2015 is currently underway. Regarding automotive batteries, an agreement was reached with stakeholders on December 12, 2002 and expired on 12 December 2007. The procedure leading to a new agreement for a period of five years is currently underway. (iii) Walloon Region: In Wallonia an environmental convention is run and refers the performance of all or part of the obligations to a management agency to which it has acceded, in which case it is deemed to meet its obligation as soon as it establishes and is a member of an

95 http://www.ovam.be/jahia/Jahia/cache/offonce/pid/176?actionReq=actionPubSearch&searchType=milieu beleidsover

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organisation signatory to the convention, or acceding to the management body, provided that it meets its obligations. For portable and industrial batteries there was the environmental agreement of 22 December 2005, hereinafter referred to as "EC of 22 December 2005" which expired on 31 December 2010. 96 For lead starter batteries there was the environmental agreement of 23 January 2003, hereinafter referred to as "EC of 23 January 2003" which expired on 11 May 2008.97 The renewal procedure of both environmental agreements is underway. Bulgaria: The Member State responded ‘no’ to this question. Cyprus: The Member State responded ‘no’ to this question. The Czech Republic: Between 2002 and 2010, when transposition of the Directive was completed, Articles 8 and 20 were transposed by means of a voluntary agreement between the Ministry of the Environment and the Czech Association of manufacturers and importers of portable batteries. In 2010 the agreement was replaced by an authorisation to operate a collective system pursuant to Section 31l. Estonia: The Member State responded ‘no’ to this question. Finland: The Member State responded ‘no’ to this question. France: The provisions of Articles 8 (collection systems), 15 (exports) and 20 (user information final) of the Directive have been transposed in the form of voluntary agreements between the authorities, competent and economic operators concerned, in the form of regulatory obligations set respectively in the following texts: b. Articles R.543-128-3, R.543-129-3 and environment code R.543-130; c. Article R543-131 of the Environmental Code and Article 2 of the decree of November 9, 2009 amended; d. Articles R. 543-128-1 (portable category) R.543-129-1 (car category) and paragraph R.543-130 II (industrial grade) and for portable batteries and accumulators in requirements attached to collective organizations (called eco-organizations) approved producers and producers setting up an individual waste management system approved by the Government respectively via the tender approval loads. Germany: No, Articles 8 (take-back systems), 15 (export) and 20 (information for end- users) have been implemented in Germany without using voluntary agreements. Hungary: The Member State responded ‘no’ to this question. Ireland: For Article 8 on Collection Schemes: Producers can join one of two approved compliance schemes in Ireland or there is an option to self-comply with the regulations. Producers participating in a compliance scheme are exempt from certain requirements

96 http://environnement.wallonie.be/legis /conventionenv/conv007.html 97 http://environnement.wallonie.be/legis/conventionenv/conv003.html

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of the legislation. These schemes are not for profit organisations, funded by producers and working on behalf of producers to meet their obligations under the battery regulations in Ireland. The schemes invoice their producer members on a monthly basis for the costs associated with environmentally managing the batteries or accumulators placed on the Irish market during the previous month. These fees fund the recycling of batteries and accumulators collected from designated civic amenity and retailer sites and other designated collection points nationwide. For Article 15 on Exports: A producer who holds a valid certificate granted to him or her by an approved body stating that such producer is participating in a satisfactory manner in a scheme for the environmentally sound management of waste batteries are exempt from specific requirements as the compliance scheme assumes this responsibility on their behalf. Italy: Some of the provisions of Article 8 have been implemented through the voluntary agreement referred to in Article 6(3) of Legislative Decree No 188/2008. This Article requires that, in order to set up and manage separate collection systems, producers or third parties acting on their behalf may make use of the facilities of public waste collection services (where present), through the conclusion of a national Framework Programme Agreement between the producers of portable batteries and accumulators and the National Association of Italian Local Authorities (ANCI), representing the bodies responsible for public urban waste management. Such an agreement was signed on 7 November 2012 by the National Battery and Accumulator Coordination Centre (CDCNPA), who represent the producers and the ANCI. The agreement provides for collective and individual collection systems coordinated by the CDCNPA, ensuring the collection of waste batteries and accumulators in publicly-run collection centres. Lithuania: The Member State responded ‘no’ to this question. Luxembourg: The Member State responded ‘no’ to this question. Malta: There are no voluntary schemes for portable batteries. However, Malta has one authorised scheme which has so far focussed on lead-acid batteries, and has also set up a number of systems through which batteries may be collected. In addition, portable batteries can be disposed of at all Local Council Offices, situated in all the localities around the islands, or at a series of outlets in each locality. Waste batteries are also collected in some schools. Other batteries can also be safely disposed of at any of five Civic Amenity Sites, and may also be returned to the suppliers of new batteries without any obligation for the end-user to buy a new battery or accumulator. The separated, used batteries are then collected and sorted by type and are stored until exported for eventual recycling in accordance with the Waste Shipment Regulation 1013/2006/EC. In addition, a number of information campaigns for end-users are also carried out by WasteServ Malta Ltd. The Netherlands: The Member State responded ‘no’ to this question. Portugal: The Member State responded ‘no’ to this question. Romania: The Member State responded ‘no’ to this question.

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Slovakia: The Member State responded ‘no’ to this question. Slovenia: The Member State responded ‘no’ to this question. Spain: The provisions contained in Articles 8, 15 and 20 have been transposed by Articles 10, 11, 12.2 and 19.1 of Royal Decree 106/2008, but have not been implemented by means of voluntary agreements. However, in order to implement these arrangements, Article 20 of the Royal Decree allows for the inclusion of voluntary agreements between the economic operators which are affected, under the supervision of the competent authorities in the Autonomous Communities. Sweden: The Member State responded ‘no’ to this question. The UK: The Member State responded ‘no’ to this question.

Conclusion: All Member States (28) have transposed the Batteries Directive into national legislation.

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3.0 Implementation of the Directive

The remaining questions of the Implementation Questionnaire concern the particulars of how a number of the Directive’s requirements (as stipulated in its articles) have been reported as being implemented by Member States. The areas covered are: environmental performance; collection schemes; collection targets; treatment and recycling; disposal; exports; financing; national implementation reports; inspections and enforcement; and other information. 3.1 Steps Taken to Increase the Environmental Performance of Batteries and Accumulators Question (2): What steps, including economic instruments of Article 9, have been taken to increase the environmental performance of batteries and accumulators in line with Article 5 of the Directive? Article 9 requires Member States to notify the Commission regarding the use of economic instruments to promote the collection of waste batteries and accumulators. Article 5 requires Member States that have manufacturers established in their territory to promote research and encourage improvements in the overall environmental performance of the batteries and accumulators throughout their life cycle. 23 Member States responded to this question, of which 17 reported that they have taken steps in line with Article 5 of the Directive, including economic instruments of Article 9. The detailed replies are summarised below. In addition Greece and Latvia were also found to be in line with the provisions of the Directive even though they did not submit replies to the Implementation Questionnaire 2010-2012 through other national laws and measures.98 Examples of what these steps are include financial resources from the Structural Funds that Slovakia states it uses to support projects aimed at increasing separate collection of municipal waste, including waste batteries and accumulators, to legislation such as the Environment Protection Act (ZVO) that Slovenia states it has in place and specifically Articles 7 and 12 which lay down the principles of prevention and incentives to be put in place. Austria and Hungary reported that no batteries or accumulators are being manufactured in the Member State, thereby they do not consider this question to be applicable. However both Member States are still required to use economic instruments to promote the collection of waste batteries and accumulators and neither have provided more detail on whether any such instruments exist nationally.

98 For Greece this was the country’s Waste Management Plan and for Latvia it was national legislation hosted on the government portal (www.lkumi.lv) and the Ministry of Environment website (www.varam.gov.lv) which established the Natural Resource Tax Law as the primary economic instrument.

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The Czech Republic’s reply only covered its recycling measures and did not address any other steps being taken to improve the environmental performance of batteries and accumulators such as environmental improvements in design. Furthermore it did not specify in its reply whether the Czech Republic does in fact manage batteries and accumulators. Ireland reported that any existing undertakings supported by public funds which support manufacturers in collecting waste batteries and accumulators and in improving the environmental performance of these products must first be consulted with the Department of the Environment to ensure compliance with this provision of the Directive before considering or continuing assistance. However, no information was provided on what steps were being taken for all those manufactures operating outside of public funding channels. Sweden reported that a fee exists on cadmium batteries put on the market. Most of its reply however focused on a previous fee on lead, mercury and cadmium batteries which is paid by producers and has, since the summer of 2012, been contributing to a Battery Fund. The fund money is currently being used for a range of measures including improving the environmental performance of batteries and developing knowledge on collection. Denmark and Poland did not submit a reply to this question and no other source of information could be found. Member States replies are summarised below: Austria: No batteries or accumulators are produced in Austria. The aim of the Batteries Ordinance is to restrict the use of hazardous substances in batteries in order to prevent harm to the environment and to human and animal health and to enable the environmentally sound recovery and disposal of waste batteries. No economic instruments as defined under Article 9 have been used. Belgium: The following provision was included in the national legislation (VLAREMA Article 3.4.5.2): "The acceptance obligation is intended to promote preventative actions and, secondly, to maximize the treatment and recycling of waste batteries and accumulators, to achieve the following objectives: Preventive measures: a) efforts with a view to increasing the average quality of the batteries placed on the market, measured by their capacity, longevity and durability; and b) conduct awareness campaigns aimed at all consumer groups with the emphasis on appropriate use of portable batteries; Avoid batteries by using appliances that operate on more environmentally responsible energy sources; and Use rechargeable batteries because they are the most appropriate in many applications. "

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In accordance with the provisions of environmental agreements, the actors are subject to the acceptance obligation in the prevention plan should include detailed measures for "raising the average quality of the batteries and accumulators placed on the market, measured by longevity, capacity and sustainability." The prevention plan is evaluated annually by the government. Furthermore Article 6 of the Environmental Agreement for waste automotive batteries and accumulators states: "1. The producers undertake to urge the manufacturers to reduce the use of hazardous materials and the release of emissions and waste during operation and in minimizing disposal and to facilitate their recycling and processing. Producers urge manufacturers to do research continuously to improve the average quality of automotive batteries and accumulators placed on the market, measured by their capacity, longevity and sustainability in collaboration with the various automobile manufacturers. 2. The producers are keen to promote the sales of these environmentally friendly automotive batteries and accumulators and the preparation and active communication of clear guidelines for the benefit of consumers and vehicle manufacturers about what types of automotive batteries and accumulators within the range are most suitable for certain applications. " Bulgaria: Article 7 of the Regulation introduces the obligation for battery and accumulator producers to take measures in their design and production that lead to simplified preliminary treatment, recovery and recycling of waste batteries and accumulators, improved quality of batteries and accumulators and measures that restrict the adverse environmental impact during their entire life cycle and reduce the content of hazardous substances by replacing them with less polluting substances, in particular by using alternatives to mercury, cadmium or lead. Furthermore, in accordance with Article 61 of the Regulation, the organisations for recovery and the entities placing batteries and accumulators on the market that fulfil their obligations individually, shall present information about the measures they have taken during the last year to reduce the content of heavy metals input in the production of batteries and accumulators. Cyprus: Cyprus does not have any manufacturers of batteries and accumulators established on its territory so it does not have any economic instruments or other measures in place to increase their environmental performance. The Czech Republic: The Czech Republic has supported processing plants for waste lead- acid batteries and accumulators and the creation of collection points within municipalities. Projects carried out include the use of polypropylene from discarded vehicle batteries (2009-2010, MoE, Environment Operational Programme) and the partial use of waste acid from vehicle batteries (2008-2010, MPO, Impuls).

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Estonia: No economic instruments have been used. All requirements regarding increasing the environmental performance of batteries and accumulators are provided by the Waste Act. Finland: None. France: France has not used the possibility of using economic instruments provided for in Article 9 of the Directive. However to encourage manufacturers to improve the overall environmental performance of batteries and accumulators throughout their life cycle, the French authorities require certified eco-organizations and producers to implement an approved individual system via the tender loads accreditation and approval, to develop eco-design for their batteries and to reduce the content of hazardous substances such as mercury, cadmium and lead. Sample specifications for approval of eco-organizations state: "4) Promote the prevention of waste: The holder undertakes actions to promote the prevention of waste, from the stage of the design of portable batteries and accumulators to the end-of-life management of these batteries and accumulators. The holder encourages eco-design efforts, particularly in terms of reducing substances that are dangerous within portable batteries and increasing their potential for recycling and recovery. " In order to encourage producers to reduce the environmental impact of batteries and accumulators they place on the market, the licensee proposes a scale of contributions modulated according to environmental criteria related to end of life of portable batteries and accumulators.” Specifications extract on the approval of individual systems for waste batteries and portable batteries: "4) Promote the prevention of waste: The incumbent performs actions to promote the prevention of waste production, from the stage of the design of portable batteries and accumulators to the end- of-life management of these batteries and accumulators. For portable batteries and accumulators he places on the market, the incumbent performs eco-design efforts particularly in terms of reduction of hazardous substances such batteries that notebooks contain and increasing their potential for recycling and recovery.” With this eco-design, French manufacturers meeting within the French Union of manufacturers of batteries and accumulators (SPAP) worked on the substitution of mercury in batteries’ buttons by the development of new electrochemical couples (zinc air containing less than 2% mercury and mercury-free batteries lithium manganese

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dioxide that replaced the buttons cells mercuric oxide (containing more than 30% of mercury). Germany: Article 5 of the Batteries Directive requires Member States to research and improve the environmental performance of batteries during their life cycle as well as the development and marketing of batteries with low contaminant content. The following steps have been taken in Germany in 2010-2012 to improve the environmental performance of batteries: 1) Blue Angel eco-label In the period under review, there were several public procurement directives to voluntary German Blue Angel eco-label for batteries or battery-powered devices. These contain requirements for the service life of the batteries or at least for charge cycles targeting prevention and reduction in the battery industry and disposal resources and energy consumption. Furthermore it addresses the heavy metals included in batteries as according to the Directive there should be renunciation of other hazardous ingredients, so that entry of heavy metals and other hazardous substances in the environment is avoided or reduced. 2) Other measures PROSE-study rechargeable Lithium batteries: The Federal Government funded a sustainability analysis on rechargeable lithium batteries for use in portable devices (prose-study). It includes a simplified life cycle assessment and life-cycle costs along the product life cycle. It looks at lifetime /charge cycles and anthropogenic deposits.99 Batteries brochure: To strengthen the demand for secondary batteries and for high- performance batteries, the Federal Environment Agency has been updating the Batteries Brochure titled "Batteries and rechargeable batteries - Your questions - our answers to batteries and the environment”. This was published in the April 2013.100 It includes information on how to increase the lifetime of your battery and how to store it, and outlines that the application of zinc carbon batteries is as negative as compared to alkaline batteries. Heavy metals in batteries study: In the context of the Federal Ministry for Environment, the Bundesanstalt for Materials Research and Testing (BAM) has been looking into heavy metals use in portable batteries. Information about the current status of heavy metals in portable batteries can be evaluated and a baseline can be formed for recommending

99 Öko-Institut , Ifeu study: prose - rechargeable lithium batteries for use in portable devices, 2011, http://www.prosa.org/fileadmin/user_upload/Fallbeispiele/Lithiumbatterien_2011.pdf 100 http://www.umweltbundesamt.de/uba-info-medien/4414.html

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effective measures for the reduction of heavy metal use. 101 The study will also provide information on the market availability of mercury-free button cells. Hungary: There are no Hungarian-based factories producing batteries or portable accumulators, so Article 5 of the Directive has not been applied. Since its EU accession in 2004 Hungary has required all economic operators involved in the distribution and production of batteries and accumulators by law to ensure that batteries and accumulators brought into circulation in the Member State achieve the recovery rates laid down in the annexes to the Batteries Directive and meet the obligations of producers and distributors laid down in the Directive. In accordance with Article 9 of the Directive Hungary has maintained the product charge payment obligation in force for automotive and industrial accumulators for which collection and treatment – financed from the product charge and under central management – has, since 2012, been handled by the National Waste Management Agency or by producers fulfilling their own collection and recovery obligations. For batteries and portable accumulators, collection schemes set up by producers in accordance with the Directive have been developed since 2005. Ireland: Under article 45 of the Regulations any undertaking supported by public funds that assist a manufacturer of batteries, must consult with the Department of the Environment concerning the manufacturer’s proposals for the promotion of research. This includes encouraging improvements in the overall environmental performance of batteries throughout their life cycle and the development and marketing of batteries which contain smaller quantities of dangerous substances, or which contain less polluting substances, before considering granting or continued granting of such assistance. Italy: Article 4 of Legislative Decree No 188/2008 provides that, in order to improve environmental performance (eco-efficiency), the Ministry of the Environment and Protection of Natural Resources and the Sea and the Ministry of Economic Development shall, without any further or greater expenditure on the public purse, adopt measures including programme agreements to support and provide incentives for producers of batteries and accumulators to implement more eco-efficient design and manufacturing methods. The Ministry of the Environment and Protection of Natural Resources and the Sea, in agreement with the Ministry of Economic Development and the Ministry of Economic Affairs and Finance shall identify and promote support and incentive policies, within the limits of the ordinary budgetary resources allocated for this purpose. Lithuania: The requirement for Member States that have manufacturers established on their territory to promote research and encourage improvements in the overall environmental performance of batteries and accumulators throughout their entire life cycle as well as the development and marketing of batteries and accumulators which

101 Sebastian Recknagel, Hendrik Radant: Review of the mercury, cadmium and Blei-Gehalte in batteries. On behalf of the Federal Environment Agency. UBA-texts No. 09/2013, http://www.umweltbundesamt.de/uba-info-medien/4438.html

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contain smaller quantities of dangerous substances or which contain less polluting substances, in particular as substitutes for mercury, cadmium and lead (the provisions of Article 5 of the Directive) has been transposed into Lithuanian law. The State Strategic Waste Management Plan of 12 April 2002 limits the quantity of dangerous substances in batteries and accumulators. The State Non-food Products Inspectorate under the Ministry of the Economy has been authorised to control the quantity of dangerous substances in these products.

Furthermore the collection of batteries and accumulators for recycling is promoted by means of economic instruments. Waste battery and accumulator management targets have been set for all producers and importers of batteries and accumulators, and failure to achieve those results in the payment of a tax on pollution by waste batteries and accumulators.

The draft State Programme on Waste Prevention also contains a measure for providing financial support to projects on eco-friendly product designing, including research, demonstration projects and training to industrial undertakings on the topics of the eco-friendly designing of products and life cycle analysis.

It has to be noted that all persons supplying the internal market of the Republic of Lithuania with batteries and accumulators are importers (bringing products into the Lithuanian market) and, in fact, have no possibility of influencing product design and manufacture.

Luxembourg: Article 5 of the directive has been transposed into National Law by article 5 of the Law of December 19, 2008 on batteries and accumulators and waste batteries and accumulators. It is laid down in the same way as in the Directive and it encourages Member States that have manufacturers established on their territory to promote research and encourage improvements in the overall environmental performance of batteries and accumulators throughout their entire life cycle, as well as the development and marketing of batteries and accumulators which contain smaller quantities of dangerous substances or which contain less polluting substances, in particular as substitutes for mercury, cadmium and lead.

Malta: In 2004 Malta had introduced an eco-contribution as an economic instrument to increase the environmental performance of batteries and accumulators through the Eco- Contribution Act (Cap 473) which came into force on 1 September 2004. The main objectives of the scheme were to encourage producers to take responsibility for the environmental impact of their waste; provide incentives for the recovery of waste; encourage greater use of deposit-refund schemes; and discourage the consumption of goods with non-acceptable environment impact. The amount of eco-contribution varies according to different products depending on the extent to which these products are harmful to the environment. Government carried out

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consultations with constituted bodies with regard to the list of products on which eco- contribution would have to be charged. When putting batteries and accumulators on the Maltese market the producer or importer has to pay a certain amount of money as an eco-contribution to compensate for the negative environmental impact these batteries and accumulators might generate. The Netherlands: The measures under Article 9 of the Directive have been included in Article 3 of the Regulation. These are to encourage the manufacturers of batteries and accumulators to take action to improve their environmental performance and reduce their harmful impacts on the environment and human health. Portugal: There aren’t any specific economic instruments implemented concerning promotion of collection of waste batteries and accumulators based on the level of pollution, nor promotion of the use of batteries and accumulators containing less polluting substances. However, collective schemes are obliged to require from each entity to use part of the results of their activities to promote research and development (R&D) of new methods and tools for processing, separation of the resulting materials and solutions for recycling of components and materials making up cells and accumulators. In particular, each entity should promote studies to evaluate the life cycle for comparing management options, focusing on the waste hierarchy.

Romania: To date, no instruments of Article 9 have been used to increase the environmental performance of batteries and accumulators in line with Article 5 of the Directive.

Slovakia: Since in there are no domestic manufacturers producing batteries and accumulators, no actions were taken in this regard. Financial resources have been used from the Structural Funds to support projects aimed at increasing separate collection of municipal waste, including waste batteries and accumulators. Slovenia: In line with the Decree on the management of batteries and accumulators and waste batteries and accumulators, when manufacturing batteries and accumulators, increased environmental performance throughout their lifetime should be ensured, including through participation in the EU Eco-Management and Audit Scheme (EMAS). When developing and marketing batteries and accumulators, best available techniques should be applied to help reduce hazardous substances in waste or replace substances with ones less harmful to the environment, targeting in particular mercury, cadmium and lead.

The principle of prevention and the principle of incentives are laid down in the Environment Protection Act (ZVO), specifically in Articles 7 and 12. Furthermore in Slovenia only lead vehicle batteries are produced. Consequently in the period from 26 September 2008 to 26 September 2012 no further measures were taken to increase the environmental performance of batteries and accumulators.

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Spain: The economic instruments referred to in Article 9 of Directive 2006/66/EC have not been used. The only measures taken are a number of public awareness campaigns on collecting battery and accumulator waste in certain Autonomous Communities.

Sweden: There’s an environmental fee of 300 SEK/kg on cadmium-batteries put on market paid by the producers. This has resulted in a very low level of sale (approximately 20 tonnes/year). Previously Sweden had an environmental fee on lead and mercury batteries as well. The fee was paid by battery producers and administrated by the Swedish EPA. The purpose of the fee was to fund measures to reduce negative impacts on people and the environment related to the batteries. When the new battery ordinance (SFS 2008:834) took effect January 1, 2009, the fees ceased to be deposited to the Battery Fund. The fund now amounts to SEK 750 million and the government decided in summer 2012 to distribute the fund as follows, spread over at least a six-year period: SEK 100 million to information activities to maintain and develop the level of knowledge regarding battery collection; SEK 205 million for research to develop environmentally friendly and cost-effective recycling methods for all types of batteries and accumulators and to the vehicle battery energy-related research; SEK 404 million to the collection and recycling of batteries; SEK 40 million for reimbursement of environmental charges for batteries that are exported out of Sweden; SEK 20 million to the Environmental Protection Agency's costs for examining questions about the disbursement of funds and oversight; and SEK 4 million for the disposal of the mercury that has been derived from mercury batteries.

The UK: Article 5 of the Directive has been transposed through Regulation 71 of the Waste Batteries Regulations on increase environmental performance:

“71.—(1) In relation to battery manufacturers established in the United Kingdom, the Secretary of State must promote research and encourage improvements in the overall environmental performance of batteries throughout their entire life cycle as well as the development and marketing of batteries which contain smaller quantities of dangerous substances or which contain less polluting substances, in particular as substitutes for mercury, cadmium and lead. (2) In this regulation “dangerous substance” means any substance which has to be considered dangerous under Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1), as amended from time to time.”

Other action to improve the environmental performance of batteries and accumulators include: (i) financial obligation established in Regulations which provides an economic incentive for battery producers to extend battery lifetimes; (ii) transposed and implemented Directive requirements establishing limits on use of hazardous materials in production of batteries; and (iii) the UK inputs to the UN’s International Telecommunication Union SG5 which is looking at a Green Battery Solution.

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Conclusion: Member States (19) have reported that they have taken measures in 2010-2012 to increase the environmental performance of batteries and accumulators, ranging from financial assistance to provisions in legislation regarding economic instruments to be put in place. Amongst the remaining Member States, there have been varied interpretations of what needs to be implemented to be in line with the Directive. Austria and Hungary reported that no batteries or accumulators are being manufactured in the Member States, thereby considering this question non-applicable; the Czech Republic’s reply only covered its recycling measures and it did not clarify whether it does in fact manage its batteries and accumulators; Ireland did not provide any information on what steps were being taken for all those manufactures operating outside of public funding channels; and Sweden reported that a fee did exist on lead, mercury and cadmium batteries which was paid by producers but did not explain what it has been replaced with.

3.2 Implementation of Collection Schemes Question (3): Describe in brief (max 100 words) how Article 8 has been implemented in practice. Article 8 requires Member States to set up collection schemes for portable batteries and accumulators. All 23 reporting Member States have given details on how they have implemented collection schemes in practice, which are summarised below. Greece did not submit a reply to the Implementation Questionnaire for 2010-2012, however, it was found that its Waste Management Plan outlines the country’s implementation of collection schemes. Similarly Latvia also did not submit a reply to the Implementation Questionnaire for 2010-2012 but it was found through other sources such as national legislation on the government portal102 and the Ministry of Environment website103 that batteries are collected through the producer responsibility systems already in place. Among these 23 was Romania which according to its reply and its Waste Management Plan, legally there are provisions in place to set up of collection schemes as outlined in decision 1132/2008. However this had yet to be implemented in practice in the 2010- 2012 period. Similarly Slovakia noted in its reply that a new law had just passed through which defines collection systems in accordance with the Directive. However the new law

102 www.likumi.lv 103 www.varam.gov.lv

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had yet to be implemented during the 2010-2012 period as outlined in the country’s factsheet on the European Environment Agency.104 Denmark and Poland did not submit a reply to this question and no other source of information could be found. Member States replies are summarised below: Austria: End consumers can return portable batteries free of charge at community collection points, for collection by the manufacturer as part of collection and recovery systems they have set up or for collection by the final distributor of portable batteries without the obligation to make a new purchase. This is outlined in Articles 10 and 11 of the Batteries Ordinance. There are around 1,650 community collection points available for waste batteries and accumulators in Austria.

Belgium:

(i) Flemish and Brussels Regions:

Portable and industrial batteries: The collection BEBAT has been active since 1 January 1996. BEBAT is the controlling authority and provides the collection system for the acceptance of duty batteries. There are more than 22,500 active collection points for discarded portable and industrial batteries in Belgium. The collection (i.e. specific BEBAT collecting boxes) are located in supermarkets, shops, schools, businesses and container parks. All end-users can, free of charge (and without obligation to purchase), deposit waste batteries in these collection receptacles.

Car Batteries: Recybat is the management body for waste automotive batteries and accumulators. The batteries are collected and processed within a free market. In the environmental agreement and the individual plans retailers, distributors and manufacturers all pledge commitment that all discarded automotive batteries and accumulators should be free to receive.

(ii) Walloon Region:

For portable and industrial batteries: In practice, the collection is organized by the association BEBAT, the management body responsible for the implementation of the obligation to take-back used batteries and accumulators. BEBAT relies on a network of more than 22,500 collection points throughout the Belgian territory which consists of container parks, merchants (retailers), schools, businesses, etc.

104 EIONET (2012) European Topic Centre on Sustainable Consumption and Production - Waste prevention for Slovakia, http://scp.eionet.europa.eu/facts/factsheets_waste/2011_edition/wasteprevention/bycountry?country=S K

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For lead starter batteries: The high value of lead means waste lead starter batteries are in high demand. Thus it is not necessary for the Recybat management body to intervene in the organization of the collection and processing. This is set by market forces. The role of Recybat is therefore limited to administrative tasks (such as reporting, etc.). Collection performed via the network container parks are therefore marginal.

Bulgaria: The collective systems represented by organisations for recovery (7 in total) and the entities placing portable and automotive batteries and accumulators on the market that fulfil their obligations individually, establish systems for separate collection of portable and automotive waste batteries and accumulators. The systems provide collection from the end-users by positioning separate collection containers at the point of sale of portable and automotive batteries and accumulators or at another accessible places in the region where portable and automotive waste batteries and accumulators are generated, or by using vehicles with specialised equipment. Industrial waste batteries and accumulators are collected on the basis of contracts signed between the organisations for recovery or the entities fulfilling their obligations individually and the end-users of industrial batteries and accumulators.

Cyprus: The Regulation 125/2009 of the Solid and Hazardous Waste Law (N215 (I) / 2002) (note: the N.215(I)/2011 is been replaced by the Waste Law - N.185(I)/2011) defines the basic parameters with regard to the distribution and management of batteries in the Cyprus Market. It is specifically reported in the Regulation that batteries must be collected separately from Municipal Solid Waste and directed to correct environmental treatment. The Regulations adopt the "Producers' responsibility Principle" and set the obligations of article 8 of the Directive on the producers. Based on this the producers, which in the case of Cyprus are companies that import batteries to the Republic, have the responsibility of recovering and recycling of the batteries. Responsible for the treatment of batteries in the market are both companies which import batteries for use in various devices and companies which import devices with embedded batteries (rechargeable or disposable). Regarding this obligation, the companies may either organize individual Compliance Systems or organize and participate in Collective Compliance Systems. Based on the practice of other European countries, a large number of companies in Cyprus have established the non-profit organization A.F.I.S Cyprus Ltd in order to set up the first Collective Compliance System for the management of household batteries in Cyprus. The system was approved by the Minister in 2009 and it’s been operational since. A.F.I.S’ shareholders are importers of batteries liable to the Republic. It has established a Board of Directors and as of the 1st of November 2007 it collaborates with Green Dot (Cyprus) Public Co Ltd (the approved collective system for packaging waste) for organizing and managing its operations. For better organization the System has collaborated with the corresponding system in Greece (A.F.I.S S.A.). A.F.I.S as a collective body that represents battery importers is required to organize programs for the recycling of the batteries. More specifically it undertakes the following:

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a. To place bins on various premises for recycling. Bins are placed at the following categories of premises: o Schools: Students from many schools in Cyprus have begun a significant effort to collect and recycle batteries. A.F.I.S reinforces this effort by providing recycling bins, informative material and presentations about recycling all over Cyprus. It is a fact that children consume most batteries due to the vast amount of toys and portable technological and other devices they use. Thus the placement of recycling bins in schools facilitates the growth of collection and recycling of batteries. In addition, the placement of bins in schools aims to increase environmental awareness among children. o Shops: Recycling bins are placed in shops and big kiosks to facilitate disposal for local residents and shoppers. o Municipalities and other Public buildings: The involvement of municipalities, communities, public bodies, environmental organisations and military units in the AFIS battery recycling system is essential. Our target is to place as many recycling bins as possible in such places and in large public facilities in order to increase awareness and the effectiveness of the System. o Supermarkets: Supermarkets are excellent collection points for batteries. Easily accessible, with regular and significant transit, they support the recycling program by placing battery collection bins onsite. o Businesses: The long list of these stores includes chains of mobile phone shops, electronic and electrical shops, photographic equipment shops, technical service and spare parts shops, battery shops, etc. Private and public businesses participate in the battery recycling program by placing collection bins in their offices so that employees and associates can dispose of their batteries. In this way, private and public businesses can contribute significantly to the collection of batteries and the achievement of national targets. b. To ensure the proper collection of batteries. c. To ensure the proper and safe temporary storage of batteries. d. To arrange the export of materials to licensed facilities for sorting and recycling and obtain the relative sound evidence for recycling. e. To inform the public about the potential effects on the Environment and public health, the need to separate and recycle batteries and about the collection network. f. To prepare reports for the State, its members and the public.

The Czech Republic: Section 31g of the Waste Act implemented the obligation on the manufacturer and retailer, making it easier for the end user to hand in used batteries or accumulators at a dedicated site. Among other things, the manufacturer must establish a collection point in every municipality with more than 1,500 inhabitants, when they place

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products on the market. There are currently nearly 18,500 collection points in the Czech Republic under the two collective systems and nearly 1,850 stationary containers in municipalities. Collection points are accessible in stores, schools and other places open to the public.

Estonia: Every shop that sells batteries or accumulators has to have systems in place to take-back the same type of waste batteries or accumulators. This means that shops selling portable batteries have to take-back waste portable batteries but can refuse to take-back automotive and industrial batteries. This system is supported by waste stations owned by local governments (producers have collection points for waste batteries there as well).

Finland: For portable batteries, there is collection network of 13,000 points, available to retailers. Portable batteries are taken back for free. Producers are obliged to collect batteries from retailers and take care of their waste management at their own expense. Portable batteries are treated by operators which have environmental permits.

For car batteries, there is collection network of 1,400 points, mainly located in retail shops and auto repair shops. Car batteries are taken back for free. Producers are obliged to collect batteries from retailers and take care of their waste management at their own expense. Car batteries are treated by operators which have environmental permits.

Industrial batteries are collected mainly by producers and third party operators according to Article 8 point 3 of Directive 2006/66/EY. Industrial batteries are treated by operators which have environmental permits.

France: Pursuant to Article 8 of the Directive, the 3 following organisations were set up in France for the collection of waste batteries and accumulators: 1) For portable batteries, producers are required to organize the collection and waste treatment at no cost to the user or collectively by joining an eco- organisation approved by the government (two eco-organizations created by producers are COREPILE and SCRELEC4 and are approved to date), or individually by setting up an individual system of collection and treatment of its waste batteries and accumulators approved by public authorities (e.g. Mobivia Group5). Pursuant to these provisions, over 50,000 collection points are located throughout the country. They include the battery sales outlets and accumulators, waste collection centres and the premises of some companies and administrations as outlined in Article R.543-128-3 of the Environment Code. 2) For automotive batteries, producers are required to organize, at their expense, the collection and treatment of waste derived from them, and distributors or that their communities ask them to remove, collectively or individually. With professional users, they may agree that they take over the management of end of life batteries of automobiles. Furthermore, many traders offer the collection of

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used batteries because of the market value of the waste and carefully recycled lead as outlined in Article R.543-129-3 of the Environment Code. 3) For industrial batteries, producers are required to implement waste recovery systems derived from them and then to ensure treatment. They can also provide contracts with the end users that the latter takes over responsibility for the management of the end of life as outlined in Article R.543-130 of the Environment Code. Germany: The producers of portable batteries fulfil their repurchase obligations by clicking on the common or a proprietary return system. Currently in Germany, there are 4 return systems: Foundation GRS batteries, Rebat, Öcorecell and ERP. These are provided for free from distributors who provide the financing for the collection points from end-users. The manufacturer’s own take-back systems are for the State to approve. The manufacturer of automotive and industrial batteries must have a reasonable and free collection point for distributors of the spent batteries. The distributors of batteries are required at the point of sale to charge batteries from end-users. Hungary: In Hungary the National Waste Management Agency organises the collection, treatment and delivery for recovery of waste automotive and industrial accumulators, centrally for the most part. The operation of collection points, the collection of waste automotive and industrial accumulators, preparations for the delivery for recovery of waste as well as third-party recovery are performed by the National Waste Management Agency’s contracting partners and by producers fulfilling their own waste management obligations. For batteries and portable accumulators, collection schemes for used batteries and accumulators that take account of population density have been developed since 2005. These schemes are operated by not-for-profit organisations funded by producers. Batteries and portable accumulators can be deposited at over 41,000 collection points throughout Hungary, which means there is one collection point for roughly every 240 inhabitants. The waste-management partners of the producer- funded not-for-profit organisations arrange for the removal and pre-treatment (sorting prior to delivery for recovery) of waste as well as third-party recovery outside Hungary in another EU Member State. Ireland: The measures taken are outlined in Article 8 of the Directive which has been transposed into national law, whereby from 26 September 2008 onwards each producer or a third party acting on his or her behalf must finance any net costs arising from:

1) The collection, storage, treatment and recovery and/or disposal of waste batteries and/or accumulators including those incorporated into electrical and electronic equipment and/or battery packs deposited at collection points and civic amenity facilities in the functional areas of all local authorities relating to his or her own products regardless of when placed on the market and their chemical composition; 2) The collection from end-users and environmentally sound management of waste industrial batteries and/or accumulators relating to his or her own products regardless of when placed on the market and their chemical composition; and

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3) Public information campaigns on the collection, storage, treatment and recovery and/or disposal of portable batteries and/or portable accumulators in respect of portable batteries and/or portable accumulators he or she has placed on the market in the State, and/or in proportion to his or her market share in respect of portable batteries and/or portable accumulators placed on the market in the State. Producers of industrial batteries or collective compliance schemes acting on their behalf are required to collect waste industrial batteries from the point where the end user takes possession of the batteries concerned. Industrial batteries may also be transferred to independent third parties who are in possession of a valid waste collection permit for batteries. The obligation to finance the net costs associated with the collection, treatment and recycling of such batteries remains the responsibility of the producer concerned. In order to maximise the take-back of waste batteries the Regulations also permit all workplaces and schools/colleges, subject to the agreement of management, to be designated as collection points; there are no financial obligations associated with these independent third parties collecting batteries and accumulators from these collection points.

It should be emphasised that the regulations do not impose any obligations on third parties to finance the collection, treatment and recycling of waste portable batteries and accumulators, waste industrial batteries and accumulators or waste automotive batteries and accumulators. The only third-parties responsible for such financing are third parties acting on behalf of producers and established by Article 8 of the Directive and Article 35 of the regulations.

Italy: Articles 6 and 7 of Legislative Decree No 188/2008 provide that producers or third parties acting on their behalf shall set up and manage, either individually or collectively and at their own expense, a separate collection system for portable batteries and accumulators and another for industrial and automotive batteries and accumulators, providing a consistent service across the entire country. Specifically, for waste portable batteries and accumulators, the producers organise collection indirectly, by taking advantage of the public waste collection service and directly, by collecting portable batteries and accumulators from the distributors themselves. However, waste industrial and automotive batteries and accumulators are collected from distributors and professional users by the producers themselves.

Lithuania: In implementation of the provisions of Article 8 of the Directive, users may return waste portable and automotive batteries and accumulators from private non- commercial vehicles free of charge without any obligation to buy a new batteries or accumulators, and can discard waste portable batteries and accumulators at battery and accumulator acquisition points and other convenient collection points, distributed according to population density. Major cities (i.e. Vilnius, Kaunas, Klaipėda, Šiauliai,

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Panevėžys, Marijampolė, and Alytus) have in place at least one waste portable battery and accumulator collection point per 800 residents; other towns, small towns and villages have set up at least one waste portable battery and accumulator collection point per 1,000 residents; residential areas with a population of less than 1,000 have set up at least one waste portable battery and accumulator collection point. Waste industrial batteries and accumulators are taken back from end-users, regardless of chemical composition and origin. Producers and importers are represented by two licensed organisations of producers and importers. On their websites they publish details of all battery and accumulator collection and distribution points, all post offices of the Lithuanian Post and public libraries.

Luxembourg: Article 8 has been transposed into National Law by article 7 of the Law of December 19, 2008. The collection of waste portable batteries and accumulators is accomplished through the existing public infrastructure for waste collection, namely the "Superdreckskëscht fir Biirger" whereby mobile collection bins are placed in shops and the institutions as well as in 17 recycling centres. The distributors may, following the quantities listed, remove public infrastructure or the national centre of grouping. The waste automotive batteries and accumulators from individuals are collected via the "Superdreckskëscht fir Biirger" mobile and at recycling centres. Waste industrial batteries and accumulators are collected by waste collectors duly authorised in accordance with article 30 of the Law of March 21, 2012 relative to the management of waste.

Malta: Malta has one authorised scheme, and has set up a number of systems through which batteries may be collected. In addition, portable batteries can be disposed of at any Local Council Office, at a series of outlets in each locality where battery bins are made available, at any of five Civic Amenity Sites, and may also be returned to the suppliers of new batteries without any obligation for the end-user to buy a new battery or accumulator. WasteServ Malta Ltd collects the different type of spent batteries and accumulators from different retail outlets. Waste batteries are also collected in schools. The Netherlands: The Decree states that all producers/importers must have a notice of approval in order to market batteries and/or accumulators. Approval is in part dependent on the introduction of a collection system covering the marketing area which fulfils the requirements for the surrender of a battery and/or accumulator. Portugal: There are five collective schemes comprised of producers / operators, ensuring the collection of waste batteries and accumulators; one is dedicated specifically to managing portable and industrial batteries and accumulators; two are licensed to manage portable and industrial batteries and accumulators and WEEE; another manages end-of-life vehicles beyond industrial and vehicle batteries and accumulators; and one individual system, manages vehicle and some industrial batteries. Waste portable batteries and accumulators have selective network structures based on municipal systems, distributors and other collection points. Selective networks were also created for the collection of industrial and/or vehicle waste batteries and accumulators, also

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geographically distributed, ensured by distributors and others, obliged to accept the return of the waste batteries and accumulators by end-users without any charge.

Romania: Article 8 of Government Decision No 1132/2008 provides as follows: “Manufacturers of portable batteries and accumulators, or the collective organisations acting on their behalf, shall set up suitable collection schemes for waste batteries and portable accumulators, with a view to achieving the collection rates; and Manufacturers of industrial batteries and accumulators, or the third parties acting on their behalf, shall set up collection schemes for waste industrial batteries and accumulators, regardless of their chemical composition or origin, so as to ensure the return thereof by end users. Industrial batteries and accumulators may also be collected by independent third parties.” Slovakia: In Slovakia, there is no established so-called extended producer responsibility for batteries and accumulators as a separate commodity. Instead there’s a system for collecting waste batteries and accumulators ensured both by the association of electrical and electronic equipment with integrated portable batteries and accumulators, and by producers either directly or through processors and recyclers of waste batteries and accumulators operating in the territory. Since October, a new Waste Act will become effective, which will introduce the extended producer responsibility for batteries and accumulators. They will become fully responsible for the handling of waste batteries and accumulators. Collection of waste automotive batteries and accumulators and nickel- cadmium batteries and accumulators is ensured in Slovakia by both the municipal sector and the processors themselves which have built a system to collect them. Slovenia: End-users may hand over waste portable batteries and accumulators at no charge to distributors of portable batteries and accumulators or to public service providers responsible for the collection of municipal waste, or hand them over to collectors. At collection centres and at mobile collection units for hazardous fractions, the public service providers must accept free of charge all waste portable batteries and accumulators from all end-users. At points of sale, distributors must accept free of charge all the waste portable batteries and accumulators that end-users wishes to leave, even if the end-users have no intention of purchasing new portable batteries or accumulators. The only parties from whom they are not obliged to accept waste free of charge are legal persons or sole traders that generate such waste on account of carrying out economic activities involving the manufacture, repair and maintenance of EEE or processing of WEEE incorporating waste portable batteries and accumulators.

The handover of waste industrial and automotive batteries and accumulators is free of charge to end-users, regardless of the chemical composition and origin of the waste (except for that arising from the processing of WEEE or dismantling of end-of-life motor vehicles), and receiving them may not be made conditional upon the purchase of new industrial or automotive batteries or accumulators. Manufacturers of industrial and automotive batteries and accumulators and their users may also conclude agreements

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stipulating alternative financing arrangements to cover the costs of collection, treatment and recycling of waste batteries and accumulators.

All collected waste batteries and accumulators must be handed over free of charge to a collector, who must receive it without requests for payment in respect of any costs which it incurs in connection with this collection. For the collection, sorting and preliminary storage of waste portable batteries and accumulators, collectors must have one or more collection centres at their disposal. All waste portable batteries and accumulators which are identifiable must be delivered for processing and recycling.

Spain: Article 8 of the Directive has been applied by means of the creation of Management Systems, regulated by Royal Decree 106/2008. Since September 2008, a large number of producers of portable batteries and accumulators have initiated the procedure of requesting the creation of relevant management systems in the different Autonomous Communities. In particular, many producers have opted for the creation of Integrated Management Systems (IMS) for the collection of portable and industrial batteries and accumulators. The IMS currently operating in Spain are ECOPILAS, ECO- RAAE'S, ERP, ECOLEC and UNIBAT. With regards to automotive accumulators and batteries, producers have opted for the creation of Individual Management Systems, and have arrived at an agreement among themselves to pool collection in the workshops. Portable batteries and accumulators are also collected in 'clean collection points' in at a number of town council offices.

Sweden: There are three different collection schemes in Sweden: Two for portable batteries (one has municipal collection points and one has collection points in stores) and one for automotive batteries (collection points can be found at gas stations and car repair shops).

The UK: Regulation 31(1) of the Waste Batteries Regulations 2009, requires distributors to take-back waste portable batteries at no charge and inform end-users about the possibility of such take-back at their sales points. Regulation 32 ensures battery compliance schemes collect waste portable batteries from distributors without charge. Other collection schemes are encouraged by imposing collection targets on producers (regulation 7) which act to encourage battery compliance schemes to maximise the opportunities for end users to have their batteries collected; and providing economic operators and waste collection authorities with the right to participate in collection, treatment and recycling schemes. Consequently, a number of collection schemes are now established in addition to the collection points located at distributors’ premises. The Vehicle Certification Agency (VCA) enforce compliance with the distributor take-back obligations visiting over 1,700 different stores in 2012 identifying strong compliance.

Conclusion:

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Member States (25) have reported that they have set up collection schemes for batteries and accumulators in 2010-2012. Of these Romania and Slovakia reported that they are still in the process of making their collection schemes fully operational. Additional information on the different compliance schemes for batteries has been published by the EPBA study (2013). Guidance on different approaches used to make operational Extended Producer Responsibilities schemes have been prepared within a contract with the European Commission.105 3.3 Collection Targets Question (4): Specify the collection rates achieved in each calendar year covered by this report including batteries and accumulators incorporated into appliances. The first report shall cover only the year 2011. Article 10, the relevant article for this question, requires that Member States must achieve a minimum of 25% collection rate by September 26th 2012. 25 Member States submitted collection rates in their replies for 2011 and 17 Member States for 2012. The detailed replies submitted by Member States to the Implementation Questionnaire are summarised below and the collection rates submitted by each country for 2010-2012, where available, are shown in Table 3.1. For comparative purposes, collection rates presented in Table 3.1 are calculated as an average percentage rate across battery types. If a Member State has not submitted a rate in its reply to the Implementation Questionnaire, ‘No data available’ has been recorded in these tables. Neither Greece nor Latvia submitted replies to the Implementation Questionnaires for 2010-2012 but other sources were used to assess whether they met the 25% target. For Greece it was its Waste Management Plan which indicated a collection rate of 59%. This compares to a collection target of 36% for Greece for 2012 as recorded in the study for the European Portable Batteries Association (EPBA) on waste portable batteries collection rates (2013).106 For Latvia it was also its Waste Management Plan (2013-2020) as well as other material developed by the Ministry of the Environment on the implementation of the Directive which indicated that the collection rate was 30%. This compares to a collection target of 28% for Latvia for 2012 as recorded in the EPBA study (2013).

105 Bio Intelligence Services, ARCADIS, Eco Logic, and Institute for European Environmental Policy (2014) Development of Guidance on Extended Producer Responsibility (EPR), Report for European Commission Directorate-General for the Environment, 2014, http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:52014SC0209 106 Perchards, and SagisEPR.com (2013) The collection of waste portable batteries in Europe in view of the achievability of the collection targets set by Batteries Directive 2006/66/EC, Report for European Portable Battery Association (EPBA), August 2013, http://www.epbaeurope.net/documents/Perchards_Sagis- EPBA_collection_target_report_-_Final.pdf

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Denmark did not submit a reply to the Implementation Questionnaire 2010-2012 so no data was available for either of the years. According to the replies submitted by Member States to the Implementation Questionnaire for 2012,107 20 Member States achieved the 25% target and this includes Austria, Belgium, the Czech Republic, Estonia, Finland (2011), France, Germany, Greece (2011), Hungary, Ireland, Italy, Latvia, Lithuania (2011), Luxembourg, the Netherlands (2011), Poland, Slovakia, Slovenia, Spain and Sweden. Furthermore according to the Member States replies to the Implementation Questionnaire, six Member States did not meet the target in 2012; these were Bulgaria, Cyprus, Malta, Portugal, Romania and the United Kingdom. Bulgaria only managed to achieve a recycling rate of 15% (2011), Cyprus of 13%, Malta of 20%, Portugal of 21% (2011), Romania of 11% (2011) and the United Kingdom of 19% (2011).108 When considering the EPBA study (2013) however, 24 Member States109 achieved the 25% target in 2012. For the EPBA study this includes Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the UK. Furthermore according to the EPBA report (2013) three Member States did not meet the target and these were Cyprus (11%), Romania (no information available) and Malta (20%). The reasoning provided was that these Member States had only started their collection schemes in 2012. The EPBA study (2013) also reported that producers and importers in the European Economic Area including Switzerland placed on the market about 230,000 tonnes of portable batteries in 2011, while 72,000 tonnes of waste portable batteries were reported as collected. This equalled a collection rate of 32%. Using the data available for 2012 (and supplementing what was missing with the 2011 equivalent figures), this figure was 35% in 2012. Table 3.1 also compares the figures submitted by Member States in the Implementation Questionnaires 2010-2012 with those provided by the EPBA study (2013) where available. The EPBA study used 2011 figures where the 2012 equivalents did not exist. Table 3.1: Collection Rates across the EU27 for 2010-2012

Collection Rates

107 Or the most recent year available if there was no 2012 figure, as indicated in the brackets. 108 Out of a total of 27 Member States, excluding Croatia which was not required to submit any data. 109 Out of a total of 27 Member States, excluding Croatia which was not required to submit any data.

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EPBA EPBA Member State 2010 2011 Study for 2012 Study for 2011 2012

No data No data No data Austria 49.5%110 50% available available available No data No data Belgium 52.1%111 52.3%112 52.0% available available No data No data No data Bulgaria 14.7% 34.0% available available available No data No data No data No data No data Croatia available available available available available No data No data No data Cyprus 13.3%113 11.0% available available available No data No data Czech Republic 75.7%114 67.7%115 29.0% available available No data No data No data No data Denmark 47.0% available available available available No data No data Estonia 406.0%116 177.6%117 27.0% available available No data No data No data Finland 68.0%118 35.0% available available available No data France 34.4% 36.2% 35.4% 36.0% available No data Germany 85.9%119 80.6%120 85.3%121 42.0% available

110 Portable batteries only. 111 Portable batteries only. 112 Portable batteries only. 113 Additionally more than 90% of car batteries placed in the market were collected for exporting in both 2011 and 2012. 114 Portable batteries 25.6%, Lead-Acid 93.8%, Ni-Cd 155.3%, others 28.1%. 115 Portable batteries 29.2%, Lead-Acid 92.3%, Ni-Cd 129.6%, others 19.7%. 116 Collection rate for waste portable batteries was 18%, for NiCd batteries was 1100%, and for waste automotive batteries near 100%. 117 Collection rate for waste portable batteries was 26.4%, for NiCd batteries was 406.5%, and for waste automotive batteries was near 100%. 118 Portable batteries 44 %, Car batteries 62 %, Industrial batteries 98 %. 119 Portable batteries 42.5%, Lead-acid batteries 159%, Ni-Cd batteries 104%, and Other batteries 38%. 120 Portable batteries 43.2%, Lead-acid batteries 149%, Ni-Cd batteries 91%, and Other batteries 39%. 121 Portable batteries 42.1%, Lead-acid batteries 161%, Ni-Cd batteries 100%, and Other batteries 38%.

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Collection Rates

EPBA EPBA Member State 2010 2011 Study for 2012 Study for 2011 2012

No data No data No data Greece 59.0%122 36.0% available available available No data No data Hungary123 24.9% 24.0% 28.1% available available No data Ireland 14.0% 29.0% 27.0% 28.0% available No data No data Italy 25.5% 27.1% 27.0% available available No data No data Latvia124 30.0% 25.0%125 28.0% available available No data No data No data Lithuania 28.1% 48.0% available available available No data No data Luxembourg 71.6 % 72.8 % 69.0% available available No data No data Malta 17.92% 20.4% 20.0% available available No data No data No data Netherlands 42.0%126 42.0% available available available No data Poland 18.0% 34.2% 43.0% 38.9% available No data No data No data Portugal 21.5% 33.0% available available available No data No data No data No data Romania 11.0% available available available available No data No data Slovakia 44.0% 60.0% 71.0% available available No data No data Slovenia 29.0% 27.0% 33.0% available available

122 According to National Waste Management Plans for 2011. 123 Only for batteries and portable accumulators. 124 According to Waste Management Plan 2013–2020. 125 Estimates up to September 2012. 126 Portable batteries only.

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Collection Rates

EPBA EPBA Member State 2010 2011 Study for 2012 Study for 2011 2012

No data No data Spain 29.9% 34.1% 30.0% available available No data Sweden 109.0%127 172.0%128 232.0%129 53.0% available No data No data No data 18.6% 27.0% United Kingdom available available available

Member States replies are summarised below: Austria: In 2011, 1,738.2 tonnes of portable batteries were collected. About 3,613.88 tonnes of portable batteries have been put into circulation during that year. Based on this data EUROSTAT estimates a collection rate of 49.5% for 2011. Belgium: Portable battery sales (tonnes/year): 2009 – 4,061; 2010 – 4,381; 2011 – 4,401; 2012 – 4,259. Portable battery collections (tonnes / year): 2009 – 2,525130; 2010 – 2,232; 2011 – 2,229; 2012 – 2,273. Collection rate (%): 2009 – No data available; 2010 – No data available; 2011 – 52.1; 2012 – 52.3. Bulgaria: The collection rate for 2011 was 14.76%. Cyprus: Under the waste batteries and accumulators collective scheme the following amounts of batteries were collected: a. 2009: 718 collection bins = 6.3 tonnes of portable waste batteries; b. 2010: 1183 collection bins = 25.2 tonnes of portable waste batteries; c. 2011: 1817 collection bins = 33.1 tonnes of portable waste batteries; and d. 2012: 2200 collection bins = 34 tonnes of portable waste batteries.

127 Alkaline: 41%, Mercury: 43%, Ni-Cd: 542%, NiMH: 43%, Lead-acid: 76%, Lithium: 6%, others: 9%. 128 Alkaline: 65%, Mercury: 68%, Ni-Cd: 850%, NiMH: 56%, Lead-acid: 79%, Lithium: 6%, other: 80%. 129 Alkaline: 73%, Mercury: 161%, Ni-Cd: 1161%, NiMH: 71%, Lead-acid: 89%, Lithium: 12%, others: 56%. 130 This figure also contains a limited proportion of industrial batteries. The collection figures from 2010 onwards relate only to portable batteries.

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The collection rate for portable waste batteries in 2012 is 13.3%. This falls short of the 25% target set in the Batteries Directive.

For car batteries in both 2011 and 2012, more than 90% of those placed in the market (5,683 tonnes in 2011 and 5,000 tonnes in 2012) were collected and exported to licensed waste management plants in the European Union. The Czech Republic: The collection rates achieved in 2011 and 2012 are outlined in Table 3.2. Table 3.2: Collection Rates in the Czech Republic, 2011-2012 Collection Rate (%) 2011* 2012* Portable Batteries and 25.6 29.2 Accumulators

Lead-Acid Batteries 93.8 92.3

Nickel-Cadmium 155.3 129.6 Batteries

Other Batteries 28.1 19.7

Note: *Calculation method pursuant to Annex I to EP and Council Directive 2006/66/EC.

Estonia: In 2011 the collection rate for waste portable batteries was 18% (except nickel- cadmium batteries for which the collection rate was 1100% (this is the percentage Estonia noted in its reply to the Implementation Questionnaire – definitely worth following up on). In 2012 the collection rate for waste portable batteries was 26.4% (except for nickel-cadmium batteries), which was 406.5% (see previous comment on percentages submitted by Estonia). The collection rate for waste automotive batteries in both years (i.e. 2011 and 2012) was close to 100%.

Finland: The collection rates achieved in 2011 were: a. Portable batteries 44 %; b. Car batteries 62 %; and c. Industrial batteries 98 %. France: Most of the figures are taken from the annual reports of the National Register of batteries held by the Environment Agency and the Control of Energy (ADEME) pursuant to Article R.543-132 of the Environmental Code. Article 10 of the Directive sets collection targets only the portable category. For the years covered by this tri-annual report, France reached the following rates: d. 2009: 33.4%; e. 2010: 34.4%;

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f. 2011: 36.2%; and g. 2012: 35.4%. The collection rates prescribed in Article 10 paragraph 2 of Directive 2006/66 / EC of 25% at the end of 2012 has therefore been met.

Germany: Take-back systems for waste portable batteries operating in Germany publish reports each year for the competent authority. These reports provide the marketed volumes, the quantities withdrawn, whether the collection rate has been met, and information on exports as well as recovery rates. As Table 3.3 indicates, apparent collection rates for waste portable batteries were achieved in Germany in the last few years. In addition the rates are broken down by battery type. No information has been included on automotive and industrial batteries. Table 3.3: Collection Rates in Germany, 2009-2012Table 3.3 indicates that in the last few years, collection rates of over 40 % have been achieved. Table 3.3: Collection Rates in Germany, 2009-2012

2009 2010

Collection- Collection- Sales Collection Sales Collection quota quota

In Tonnes In Tonnes In % In Tonnes In Tonnes In %

Portable batteries 37,298 16,555 44.4 % 42,531 16,953 42.5 % Lead-acid batteries 852 1,467 172% 812 1,323 159% Nickel-Cadmium 803 1,141 142% 1,191 1,034 104% batteries Other batteries 35,642 13,948 39% 40,528 14,596 38%

2011 2012

Collection- Collection- Sales Collection Sales Collection quota quota

In In In Tonnes In % In Tonnes In % Tonnes Tonnes

Portable batteries 43,334 17,728 43.2 % 43,549 18,157 42.1 % Lead-acid 990 1,321 149% 992 1,500 161% batteries Nickel-Cadmium 1,336 1,013 91% 1,009 1,183 100% batteries Other batteries 41,008 15,393 39% 41,548 15,481 38%

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2011 2012 Note: The collection rates have been calculated in accordance with Annex I to the Batteries Directive: For 2009, the amount collected on the sales for 2010 to 2009, the resources of the sales from 2009 to 2010, the resources of the sales for 2011 to 2009 to 2011 for 2012 on the medium of sales 2010 to 2012.

Hungary: The Directive sets collection targets for batteries and portable accumulators. The collection rates achieved in Hungary were: a. 2011: 24.9%; and b. 2012: 28.1%. The Directive does not set any collection targets for automotive and industrial accumulators. However it does provide for the recycling of automotive and industrial accumulators for collection, which Hungary has complied with, since all power sources collected have been delivered to waste recovery plants. This means that the recovery rate under Article 10(2)(a) of the Directive has been exceeded in the case of batteries and portable accumulators.

Ireland: The following collection rates were achieved in Ireland: a. 2009: 17%; b. 2010: 14%; c. 2011: 29%; and d. 2012: 28%. Italy: the collection rates achieved were: a. For 2011: 25.5 %; and b. For 2012: 27.1 %.

Lithuania: The collection rate of waste portable batteries and accumulators in 2011 was 28.095 %. This percentage was calculated by dividing the weight of waste portable batteries and accumulators collected in Lithuania in 2011 (212.917 t) by the average weight of portable batteries and accumulators placed on the Lithuanian internal market by producers and importers during 2009 (733.879 t), 2010 (831.285 t) and 2011 (708.395 t). Luxembourg: The rates of collection of portable batteries in accordance with Annex I to the Act of December 19, 2008 on batteries and accumulators and waste batteries and accumulators are summarised in Table 3.4. Table 3.4: Collection Rates in Luxembourg, 2009-2012 Year Data Collection Calculation 2009 214,091 Kg * (V1) No data available No data available 2010 159,245 Kg (V2) No data available No data available 2011 182,701 Kg (V3) 132,810 Kg (C3) 71.6 % 2012 184,721 Kg (V4) 127,827 Kg (C4) 72.8 %

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Year Data Collection Calculation *Note: Given that the approved body was only established in October 2009, the quantities of batteries and accumulators being placed on the market in 2009 are based on a market study conducted in 2007. Malta: a. In 2011, Malta achieved a collection rate of 17.92%. b. In 2012, Malta achieved a collection rate of 20.39%. The Netherlands: The collection rate for portable batteries and accumulators for 2011 is 42%. This is the quantity of collected portable batteries and accumulators in 2011, divided by the average quantity of portable batteries and accumulators marketed in 2009/2010/2011 Poland: The Batteries and Accumulators Act of 24 April 2009 (Journal of Laws 2009/79, item 666, as amended) applied in 2010-2012. It requires operators marketing portable batteries and accumulators to draw up an annual report and send it to the president of the provincial executive by 15 March of the year following the reporting year. This report is to contain information on the collection rates achieved, a list of the collection points operated by any relevant collector of waste batteries or accumulators and a list of reception sites from which collectors take-back waste portable batteries or accumulators. A specimen report was given in the Regulation of the Minister for the Environment of 24 September 2009 on the specimen annual report on the collection rates achieved for waste portable batteries and accumulators (Journal of Laws 2009/163, item 1304). Collectors of waste batteries and accumulators are also required to draw up an annual report and send it to the President of the provincial executive by 15 March of the year following the reporting year. This report is to contain information on the weight of waste portable batteries and accumulators collected, both in total and broken down between the various operators marketing batteries and accumulators with which they have contracts. A specimen report was given in the Regulation of the Ministry of the Environment of 22 December 2009 on the specimen annual report on the weight of waste portable batteries and accumulators collected (Journal of Laws 2009/223, item 1788). On the basis of those reports and other data the Chief Environmental Protection Inspector has drawn up annual reports for 2010 to 2012 on the operation of the system for managing batteries and accumulators and waste batteries and accumulators. These reports included information on the collection rate achieved for portable waste batteries and accumulators in the year in question. The Chief Inspector sends such reports to the Minister for the Environment by 15 March of the year following each reporting year. It should be noted that the lack of information on sales of batteries and accumulators in 2009 stems from the fact that, for that year, data is available only on the number of batteries and accumulators placed on the market and not on their weight. At that time, the national provisions (i.e. the Act of 11 May 2001 on the obligations of businesses regarding the management of certain waste and on product charges and deposits (Journal of Laws 2007/90, item 607, as amended)) required operators marketing

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batteries and accumulators to report information only on the quantity of batteries and accumulators placed on the market and not on their weight. It is not currently possible to process this data in such a way as to give the actual weight of portable batteries and accumulators placed on the market in that period. Accordingly, the data taken into account in this report concern the period 2010-2012. It should be stressed that Directive 2006/66/EC requires that information be sent only on the total number of portable batteries and accumulators placed on the market and the total weight of waste portable batteries and accumulators collected, without reference to the breakdown between the three types of batteries and accumulators (lead-acid, nickel-cadmium and other). However, the Commission has suggested that, if Member States have detailed data on the breakdown between the types of batteries and accumulators, they should also include them in the report. Table 3.5 also includes these detailed data, except for information for 2010 concerning the weight of waste portable batteries and accumulators collected. For 2010 Poland does not have full information concerning the collection of the various types of waste portable batteries and accumulators. Table 3.5: Collection Rates in Poland, 2009-2012

Year Data collection Calculation

2009 No data available No data available No data available

Sales: 9 866.37 Milligrams (Mg) (S2) Collection rate (CR2) = C3/S2 Lead-acid: 348.91 Mg Weight collected: 1 2010 Nickel-cadmium: 662.90 774.84 Mg (C2) Mg Collection rate achieved: 18% Other: 8 854.56

Weight collected: 3 Collection rate (CR3) = Sales: 9 997.74 Mg (S3) 397.24 Mg (C3) 2*C3/(S2+S3) Lead-acid: 362.45 Mg Lead-acid: 1 312.38 Mg 2011 Nickel-cadmium: 659.94 Nickel-cadmium: 117.80 Collection rate achieved: Mg Mg 34.20 % Other: 8 975.36 Mg Other: 1 967.06 Mg

Weight collected: 3 Sales: 9 635.09 Mg (S4) 821.50 Mg (C4) Collection rate (CR4) = Lead-acid: 295.95 Mg 3*C4/(S2+S3+S4) Lead-acid: 862.15 Mg 2012 Nickel-cadmium: 484.69 Nickel-cadmium: 184.09 Mg Mg Collection rate achieved: Other: 8 854.45 Mg 38.86 % Other: 2 775.26 Mg

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Portugal: In 2011 the collection rate achieved was 21.46%.

Romania: The collection rate for portable batteries and accumulators was below 10% in 2011.

Slovakia: For 2011, a collection target of 44% was achieved and a collection rate for waste portable batteries including integrated batteries and accumulators of 421 tons. For 2012, a collection target of 60% was achieved and a collection rate for waste portable batteries including integrated batteries and accumulators of 592 tons.

Data to calculate the proportion of waste were collected from associations of producers of electrical and electronic equipment, collective systems (ECO BAT, ENVIDOM, ASEKOL), and processors of portable batteries and accumulators (INSA, s.r.o., Sered, ElektroRecycling, s.r.o., Banská Bystrica).

Slovenia: In 2011 Slovenia achieved a collection rate of 29 % and in 2012 of 33 %.

Spain: The following quantities were placed on the market: a. 2009: 12,090,445 kg; b. 2010: 13,023,161 kg; c. 2011: 11,331,485 kg; and d. 2012: 10,513,888 kg. The quantities collected each year were: a. 2009: No data available; b. 2010: No data available; c. 2011: 29.85% (3,626,827 kg); and d. 2012: 34.08% (3,960,827 kg).

Sweden: The collection rates are summarised in Table 3.6. Table 3.6: Collection Rates in Sweden, 2009-2012 % 2009 2010 2011 2012

Laptop Batteries - Alkaline / 30 41 65 73 Manganese Laptop Batteries – Mercury (Hg) 14 43 68 161

Laptop Batteries – Nickel - 263 542 850 1161 cadmium (NiCd)

Laptop Batteries – Nickel-metal 31 43 56 71 hydride (NiMH) Laptop Batteries – Lead (Pb) 41 76 79 89

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% 2009 2010 2011 2012

Laptop Batteries - Lithium/Lithium 4 6 6 12 jon/Lithium polymer Laptop Batteries - Other 1 9 80 56 Total 55 109 172 232

The UK: The UK achieved a collection rate of 18.60% in 2011. This is calculated as the amount of waste portable batteries collected in 2011 as a proportion of the average amount of portable batteries that were placed on the UK market in 2009, 2010 and 2011. Conclusion: Member States (20) have reported that they have met the Directive’s minimum collection rate of 25% in 2012, with the exceptions being Bulgaria, Cyprus, Malta, Portugal, Romania and the United Kingdom.131 This compares to the results of the EPBA study (2013) which concluded that 24 Member States have met the Directive’s minimum collection rate of 25% in 2012 with the exceptions being Malta, Cyprus and Romania.132 3.4 Measures Taken to Ensure Proper Treatment and Recycling of Waste Batteries and Accumulators Question (5) (a): What measures have been taken to ensure that all collected waste batteries and accumulators have undergone proper treatment and recycling in accordance with Article 12 (1)? Article 12 (1) requires Member States to set up schemes to provide for the treatment and recycling of all waste batteries and accumulators collected within their territory that comply, as a minimum, with Community legislation, in particular with regards to health, safety and waste management. It is also worth noting that according to Article 15, another relevant article for this question, Member States might also comply with their obligations on treatment and recycling even if these processes take place in another Member State submitted this is in compliance with Regulation No 259/93 on the supervisions and control of shipments of waste within, into and out of the European Community. 22 Member States discussed schemes that were in place to ensure that all collected waste batteries and accumulators had undergone proper treatment and recycling. The detailed replies are summarised below.

131 This excludes Croatia which was not required to submit any data as it did not join the EU until 2013 and Denmark which did not submit any data for 2010-2012. 132 This excludes Croatia which was not required to submit any data as it did not join the EU until 2013.

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In addition Greece, Ireland and Latvia were found to have measures in place to ensure proper treatment and recycling by considering other sources as they had not submitted replies to the Implementation Questionnaire 2010-2012. For Greece it was the country’s national Waste Management Plan and a Law (Joint Ministerial Decision 41624/2057/E103) that sets out the specifications of how to treat and recycle waste batteries and accumulators; these documents indicated that waste batteries and accumulators are either exported or treated in authorised facilities within the country. For Ireland it was Article 27 of its national battery legislation which lays down provisions for treatment of waste batteries and obligations for financing (which is summarised in detail as part if Ireland’s reply below). For Latvia it was its Waste Management Plan (2013-2020) and national law on pollution133 which outline that all such treatment and recycling facilities require a permit to ensure that all the safety and environmental requirements of the Directive are being met, as do the transportation and collection of batteries and accumulators. Most batteries and accumulators are also recycled in other Member States. Denmark and Poland did not submit a reply to this question and no other source of information could be found. It is worth noting that part of those 22 Member States were also Cyprus and Hungary; Cyprus reported that all batteries and accumulators it collects are exported as there are no facilities on the island to treat and recycle them. Similarly Hungary noted that no recovery takes place in the country but instead batteries and accumulators are exported and treated in other Member States. Member States replies are summarised below: Austria: According to Article 5 of the Directive, batteries manufacturers must demonstrate that waste batteries will be treated in line with the requirements set out in the Waste Treatment Obligations Ordinance and achieve the minimum efficiencies as listed in Annex 1. All collectors of waste batteries and accumulators in Austria are either required to treat them in a facility that complies with the requirements of Article 12(1) or sent them to another treatment facility. Belgium: (i) Flemish Region: All Flemish processing and recycling companies must meet specified objectives as outlined in their national legislation and batteries collected in Flanders which are being exported to foreign processing and recycling companies must also comply with these processing goals. Waste batteries and accumulators should also be incorporated in devices that use the best available techniques or equivalent techniques. Relevant legal provisions include:

133 Found on the government’s portal (www.likumi.lv) and the Ministry of Environment website (www.varam.gov.lv).

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a. The elimination of waste and preparatory operations prior to disposal subject to authorization. The recovery of waste and preparation prior to recovery shall also be subject to an authorization or notification. b. The operator should act with due diligence and always use the best available technologies to protect people and the environment, both in the choice of treatment methods at the level of emissions, as in the choice of source reduction measures (adapted production techniques and - methods, materials management, etc.). This obligation also holds for modifications to classified establishments, as well as activities that do not permit themselves or a notification. c. MBO portable and industrial batteries: The collected waste batteries and accumulators must be processed in accordance with the legislation in force at the time of processing the permits of the operators and, where applicable, the specifications or the Charter as defined in Articles 7 and 8. Also the collection and processing of the materials and components must be guaranteed so that the recycling targets are achieved. o In case of export of waste batteries and accumulators are the processing chain and the percentages achieved for recycling, recovery and disposal validated by an independent inspection agency accredited according to ISO 17020. o The recycling aims can be evaluated annually in the Supervisory Committee referred to in Article 14. On the basis of this evaluation, appropriate proposals will be made to the Flemish Minister, with a view to adapting the recycling target, taking into account the best available technology cost is not excessive entails. d. MBO automotive batteries and accumulators: The producers undertake to work with a system that leads to the waste automotive batteries and accumulators are incorporated into devices that use the best available techniques without excessive costs. If the end sellers and brokers themselves have the discarded automotive batteries and accumulators, they commit to work together with devices that use the best available techniques without excessive costs. o If the final sellers, brokers and producers have the discarded automotive batteries and accumulators abroad, they commit themselves that this is done in accordance with the objectives proposed in this Environmental Agreement.

Bulgaria: Article 18 of the Regulation states that all batteries and accumulators collected, including the ones separated during the preliminary treatment of waste electrical and electronic equipment and dismantling of waste motor vehicles, shall be handed over for preliminary treatment, recycling and/or recovery. The entities placing batteries and accumulators on the market shall take measures to ensure that the waste batteries and accumulators collected are handed over for recycling to facilities achieving the levels of recycling according to Annex III, part B to the Directive.

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Cyprus: A licence has been issued to the collective system A.F.I.S Cyprus Ltd, accredited with No. 2/SSSE/31.03.2015, which set specific terms and conditions for measures to be taken for treatment and recycling of waste batteries and accumulators. To achieve the target of the Batteries Directive, A.F.I.S Cyprus Ltd must take the necessary measures to prove that the collective system will ensure that: a. Final holders of waste may recycle waste portable batteries or accumulators at an accessible collection point near them, depending on the density of the population, without having to pay fees or purchase of new batteries; b. Collection points (special bins) will be located in enclosed spaces, which will be insured during non-working hours and observe standards that will ensure the protection of the environment and public health; c. Distributors will take-back waste portable batteries or accumulators; d. All waste batteries and accumulators collected will be transported to treatment facilities authorized under the Waste Law (N.157 (I) / 2011) and the respective amendments; e. Processing and any storage, including temporary storage will be made to licensed treatment facilities in areas with impermeable surfaces and suitable protection from the weather or in suitable containers; f. Any establishment or undertaking carrying out treatment must be a licensed hazardous waste management facility in accordance with the Waste Law 2011 (No. 158 (I) / 2011) which is the transposition of the Directive 2008/98/EC; g. If the processing is carried out outside the Republic, it must be in compliance with Council Regulation (EC) No 1013/2006 of the European Parliament and Council of 14 June 2006 on the supervision and control of shipments of waste within the Community and the entry and exit; h. Ensure all provisions for financing the management of waste portable batteries and accumulators collected. The export of batteries is the responsibility of A.F.I.S. The first exports took place in October 2011 with 3 containers (58 tonnes) in a licensed factory in Belgium (Revatect S.A). In 2012 no exports of batteries took place, but there is planning for waste batteries to be exported in 2013.

Batteries, from the collection point, are temporarily stored in special containers which are transported to a central storage point that meets the requirements provided by the Law and has all the relevant authorizations. When an appropriate load is collected, it is exported for treatment to authorized and specialised factories abroad (Europe) where they are sorted and properly treated in accordance to the European Community Legislation. Each factory is obliged to submit all the required reports to the System and achieve the recycling targets for each battery type according to the legislation. The collection/transfer/storage of waste batteries and accumulators (portable, lead-acid, and nickel-cadmium) is taking place by authorised persons/units according to the Waste Law, and their export is taking place according to EU Regulation 1013/2006/EC using prior

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Notification procedure. From 1.1.2014 regarding the COMMISSION REGULATION (EU) No 493/2012 of 11 June 2012 all exports have been inform by letter accordingly that they must fill the Annex VΙ to the European Regulation 2012/493/ΕC and the points 17, 18 και 19 of the Movement Document. The same procedure is followed for the car batteries.

The Czech Republic: The measures taken are all included in Section 31j of the Waste Act that addresses the fulfilment of producers’ obligations. Producers may either collect waste individually or jointly with other producers or with a legal entity authorized to operate a collective system.

Estonia: The Waste Act requires that all collected waste batteries have to be recovered and recycled. There are recycling targets for waste batteries and minimum requirements for treatment facilities and treatment operations as well. It is required to use best available technique (BAT) which is controlled in Estonia during procedures of waste permit.

Finland: This is done via legislative measures. In the Government Decree (422/2008) in paragraph 5 it is reported that producers are responsible for maximizing the amount of waste batteries and accumulators received by establishing collection systems. In paragraph 10 producers are required to establish pre-treatment and recycling of waste batteries and accumulators. According to the Environmental Protection Act (86/2000) paragraph 28.2.4 an environmental permit is required for treatment of waste batteries and accumulators. Treatment facilities have to use the best available technology in their processes.

France: The provisions of paragraph 1 of Article 12 of the Directive are transposed to Article R.543-131 of the Environmental Code, supplemented by the Ministerial Decree of November 9, 2009 amended as mentioned above. Article 2 of the decree imposes particularly the application of the best available technologies and the minimum treatment requirements set out in Annex III, Part A to the Directive. Moreover, in France, treatment and recycling of waste batteries and accumulators are activities regulated under the regulation of Classified Installations for Environmental Protection, which is based on a minimum European standards. These recycling facilities are thus subjected to authorization and sometimes declaration and in this case, include technical requirements to be met. They are also subject to regular inspection by the public authorities to check compliance with regulations.

Germany: According to Article 12 (treatment and recycling) the Member State will set up the manufacturer systems for the treatment and recycling of waste batteries and use the best available techniques. In addition, all identifiable, collected used batteries have to be recycled and treated according to the EU legislation. The legislation that ensures that

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treatment and disposal of waste batteries takes place according to the best available techniques are the specifications of the Batteries Act (BattG), of the general law on waste (recycling - KrWG) and of the investment law (Federal Emissions - BImSchG). 134135 According to Section 14 para. 1 of BattG all collected and identifiable waste batteries, as far as technically possible and economically reasonable should be recycled. Identifiable non-recyclable and non-identifiable batteries are to be eliminated. Furthermore various types of installations for the disposal of batteries require approval in accordance with the BImSchG and BImSchV. 136 The obligations of the operator to hitherto installations include the equipment to be operated in such a manner as to prevent harmful environmental impacts and other hazards; significant disadvantages and considerable harassment is taken into consideration, in particular regarding best available techniques (Article 5 par. 1 BImSchG). Hungary: To achieve the collection and recovery targets Hungary has laid down by law the obligations of undertakings operating there, including the efficiency of treatment procedures in line with the Directive. Batteries and accumulators collected in Hungary are not recovered in Hungary, and the waste collected and generated is transferred to another EU Member State, with the recipient state performing the treatment tasks following delivery. Also in line with the Directive, Hungarian law provides for the recycling of all batteries and portable accumulators identifiable according to their chemical composition. Ireland: Article 12 of the Directive is transposed by Article 27 of the national Regulations which imposes obligations on producers, commercial end-users of industrial or automotive batteries and authorised waste collectors to ensure that waste batteries are treated and recycled using best available techniques and meets the requirements set out in Part A of Annex III to the Directive. In addition, compliance schemes are obliged under the terms of their approvals to appoint technical managers with responsibility for compliance auditing of contractors and verification of environmental management of waste batteries. Italy: Article 10 of Legislative Decree No 188/2008 regulates the obligations and methods for treatment and recycling. In particular, paragraphs 1 and 2 state that: “1. a) Producers or third parties acting on their behalf shall establish, either individually or collectively, schemes for the treatment and recycling of waste

134 Law on the promotion of recycling and environmentally sound management of waste from fuse 24. February 2012 (Federal Law Gazette I p. 212ff, http://www.gesetze-im- internet.de/bundesrecht/krwg/gesamt.pdf 135 Law for the protection against harmful environmental effects caused by air pollution, noise, vibration and similar operations, in the version of the notice of 26. September 2002 (Federal Law Gazette I p. 3830, http://www.gesetze-im-internet.de/bundesrecht/bimschg/gesamt.pdf 136 Current version (2013): fourth regulation for the implementation of the Federal Immission Control Act (Ordinance on as facilities - 4. BImSchV), of 2. May 2013 (Federal Law Gazette I p. 973, http://www.gesetze-im-internet.de/bundesrecht/bimschv_4_2013/gesamt.pdf

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batteries and accumulators, using the best available techniques in terms of health and environmental protection; b) All identifiable batteries and accumulators collected in accordance with Articles 6 and 7 of Legislative Decree No 151 of 25 July 2005 shall undergo treatment and recycling through schemes that comply with Community legislation, in particular as regards health, safety and waste management. 2. The treatment referred to in paragraph 1 shall fulfil the minimum requirements set out in Annex II, Part A.”

Lithuania: Waste battery and accumulator management undertakings that treat waste batteries and accumulators shall comply with the requirements laid down in the Law of the Republic of Lithuania on Waste Management, the Waste Management Rules, the Rules on the management of batteries and accumulators and waste batteries and accumulators, and other legislation. Waste batteries and accumulators collected together with waste electrical and electronic equipment are removed from waste electronic and electrical equipment and managed in accordance with the requirements of these Rules. The weight of these waste batteries and accumulators is not added to the weight of waste electrical and electronic equipment. Since 26 September 2009 all collected waste batteries and accumulators have been treated and recycled only at the undertakings that comply with the requirements for the protection of the environment, the safety of public health and waste management as laid down in EU reference documents for best available techniques.

In accordance with the requirements of Lithuania’s legislation, waste battery and accumulator treatment undertakings shall hold permits concerning integrated pollution prevention and control, issued in accordance with the requirements established in the Rules on the issue, renewal and withdrawal of permits concerning integrated pollution prevention and control. Such permits are issued, renewed and withdrawn and the activities of undertakings are controlled by the regional environmental protection departments of the Ministry of the Environment.

Waste battery and accumulator storage, treatment and/or recycling undertakings shall have: scales for determining the weight of waste; surface cover impermeable to liquids, detergents and water contained in waste batteries and accumulators; roofing impermeable to precipitation and resistant to atmospheric changes; and spillage collection materials (sorbents and others). Control of observance of the requirements by these undertakings is exercised by the officials of the regional environmental protection departments of the Ministry of the Environment. Waste battery and accumulator treatment undertakings are recommended to voluntarily participate in the Community eco-management and audit scheme (EMAS) established by Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

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As regards exports from the Republic of Lithuania of waste batteries and accumulators, it is deemed that the targets for the recycling efficiency of waste batteries and accumulators, as set in the State Strategic Waste Management Plan, have been met only upon giving sound evidence that the treatment or recycling was performed: only in the facilities which comply with the environmental protection, public health safety and waste management requirements laid down in EU reference documents for best available techniques; in waste battery and accumulator treatment and/or recycling facilities, which store waste batteries and accumulators in hermetic containers resistant to liquids contained in waste batteries and accumulators in order to prevent access of the waste stored therein to the environment and protect them from the access of precipitation; in waste battery and accumulator treatment and/or recycling facilities, which store, recycle and treat waste batteries and accumulators on the sites having a surface cover impermeable and resistant to the liquids, detergents and water contained in the waste batteries and accumulators, while roofing is impermeable to precipitation and resistant to atmospheric changes; by primarily removing all liquids and acids from the waste.

Luxembourg: Article 12, paragraph 1 of the Directive has been transposed into National Law by Article 10 of the Law of December 19, 2008 on batteries and accumulators and waste batteries and accumulators. In its application for approval, the approved body had to indicate the recipients under consideration for the recycling of batteries and accumulators. Any new recipient for the treatment of these wastes is subject to the prior agreement of the Administration of the environment.

Malta: All separated, used batteries are collected and sorted by type and are stored at permitted facilities until exported for eventual recycling in accordance with the Shipments of Waste Regulation 1013/2006/EC. The permitted facilities have a number of conditions that they must abide by and a number of inspections are carried out by the Competent Authority from time to time, to ensure compliance with these stipulated conditions. When batteries are exported, the relevant permits are also required from the Competent Authority pursuant to the Shipments of Waste Regulation 1013/2006/EC, ensuring that all batteries are exported to appropriate facilities abroad for proper treatment. In case of such exports, a number of inspections are also carried out from time to time to ensure that the information provided in the movement tracking form is correct. The Netherlands: The measures in question are included in Articles 5, 6 and 7 of the Regulation whereby producers of portable batteries and accumulators are obliged to create an adequate number of accessible collection points where end users can dispose of their batteries and accumulators free of charge taking into account population density. These collection points are, amongst other locations, installed on the premises of distributors of batteries and/or accumulators. Producers must ensure that the surrendered batteries and/or accumulators are collected from the distributors. Consequently the producer must ensure that the collected batteries and/or

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accumulators are offered for treatment and recycling and that the best available techniques for protecting public health and the environment are used. Portugal: The licenses between collective systems and the national authority ensure that they are updated on best techniques for treatment of waste batteries and accumulators, thus ensuring technical and economic efficiency of the integrated system, namely beyond the operators with whom they have contracts. Besides, these operators must be licensed for operations that proceed, which implies compliance with applicable law.

Romania: Government Decision No 1132/2008 and Joint Ministerial Order No 2743/3189/2011 provide as follows: a. Manufacturers or the collective organisations acting on their behalf, together with the local public administration authorities, shall take the necessary measures to optimise separate collection of waste batteries and accumulators, in order to minimise the disposal of batteries and accumulators as unsorted municipal waste and achieve a high recycling rate; b. Manufacturers or the collective organisations acting on their behalf shall conclude contracts with authorised collectors for the collection of waste batteries and accumulators, including all the identifiable batteries and accumulators collected and facilitate the transfer thereof to economic operators performing treatment/recycling activities; c. Economic operators engaged in treatment of batteries and accumulators of any type shall ensure that the treatment processes meet the minimum requirements specified; and d. Economic operators engaged in recycling of batteries and accumulators of any type shall ensure that the recycling processes meet the efficiency rates and related requirements specified.

Under Joint Ministerial Order No 1399/2032/2009, economic operators authorised to collect waste batteries and accumulators shall submit annual reports on the quantity of waste batteries and accumulators collected and how they were managed.

Slovakia: Act no. 223/2001 on waste sets out the conditions for holders who are required to hand over waste batteries and accumulators to a business entity entitled to collect waste batteries and accumulators or to a distributor of batteries and accumulators. Business entities authorised to collect batteries and accumulators are obliged to hand over waste batteries and accumulators to a recovering entity authorised to treat and recycle it. Processors of electrical waste are obliged under this Act to ensure that the spent batteries and accumulators collected from the waste from electrical and electronic equipment be transferred only to the recovering entity authorised to treat and recycle waste batteries and accumulators. In the event that the parties fail to meet said obligation, the competent state administration authority for waste management will impose upon them a fine of €16, 596.95.

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Slovenia: Collectors must deliver waste batteries and accumulators for processing and recycling to persons who hold an environmental permit for the recovery of waste in accordance with the regulations governing waste management.

Producers of batteries and accumulators shall ensure that they facilitate the processing and recycling of waste batteries and accumulators by applying best available techniques; and that waste batteries and accumulators which are identifiable are processed and recycled in a manner which complies with the regulations for human health, safety and waste management, while using best available techniques in terms of protection of the environment and human health protection. The Inspectorate for the Environment and Nature monitors the parties concerned in line with annual work plans and/or the treatment of applications received. Inspections are carried out in the form of regular checks (planned checks and coordinated monitoring campaigns) or as extraordinary checks as a result of applications received. Inspections are carried out with a view to ascertaining that the parties concerned are acting properly in accordance with the regulations and with the environmental permit(s) they have been issued.

Spain: Article 12 of Royal Decree 106/2008 states that all waste batteries and accumulators collected in Spain must be treated and recycled in authorised plants. Spanish plants that treat and recycle batteries and accumulators are subject to administrative authorisation rules in accordance with the Royal Decree and with the Law on Waste. They may also be checked and inspected by the competent authorities in the various Autonomous Communities. As a result since the Royal Decree came into force hardly any waste batteries or accumulators have been disposed of to landfill.

Sweden: Enforcement is implemented through the Ordinance concerning environmentally hazardous activities and the protection of public health.137 It outlines procedures for monitoring and managing environmentally hazardous activities including a list of environmentally hazardous activities that require to be reported or authorised such as manufacturing, storing and treating waste batteries.

The UK: Ensuring that all collected waste batteries and accumulators have undergone proper treatment and recycling is implemented by the Waste Batteries Regulations 2009. In particular, regulation 63 and Part 2 of Schedule 4 implement the requirements imposed by Article 12 (1) regarding use of best available techniques and compliance with Community legislation. Furthermore, Schedule 19 of the Environmental Permitting Regulations 2010 applies to all facilities treating waste batteries and accumulators. These state:

137 http://faolex.fao.org/docs/pdf/swe50972.pdf

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“The regulator must exercise its relevant functions so as to ensure compliance with Article 12 (2) of the Batteries Directive.” The Waste Batteries (Scotland) Regulations 2009 puts provisions for SEPA to ensure that any licence granted or varied after 6 July 2009 shall contain conditions to ensure Article 12 (2) of the Directive are met. In other words, all facilities treating and recycling waste batteries and accumulators in the UK must, as a condition of their environmental permit, meet the minimum treatment requirements as set out in Annex III, Part A to the Batteries Directive. 3.5 Disposal of Collected Hazardous Portable Batteries or Accumulators Question (5) (b): Has use been made of the possibility to dispose of collected hazardous portable batteries or accumulators as specific in the second paragraph of Article 12 (1)? If yes, provide the reference of any draft measure notified to the Commission pursuant to the third paragraph of Article 12 (1). Article 12 (1) requires Member States to set up schemes to provide for the treatment and recycling of waste batteries and accumulators that comply, as a minimum, with Community legislation, in particular as regards health, safety and waste management. The second paragraph of Article 12 (1) states that treatment should meet the requirements set out in Annex III, Part A. Annex III, Part A states that this includes treatment which as a minimum, includes the removal of all fluids and acids, and treatment and any storage, including temporary storage, at treatment facilities in sites with impermeable surfaces and suitable weatherproof covering or in suitable containers. The third paragraph of Article 12 (1) states that where batteries or accumulators are collected together with waste electrical and electronic equipment on the basis of Council Directive 2002/96/EC,138 batteries or accumulators shall be removed from the collected waste electrical and electronic equipment. 23 Member States submitted replies to this question, of which all bar one (Sweden) reported that they had not adopted any measures in this regards. Sweden’s reply made mention of the 30 tonnes of mercury derived from batteries that were sent for disposal in Germany but did not reference that the Commission had been notified of this. The detailed replies are summarised below. In addition Greece even though it did not submit a reply to the Implementation Questionnaire 2010-2012, was also found to have established measures to dispose of

138 Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37/24 of 13.2.2003)

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collected hazardous portable batteries and accumulators through other sources (namely its Waste Management Plan). Denmark, Latvia and Poland did not submit a reply to this question and no other source of information could be found. Member States replies are summarised below: Austria: The Member State responded ‘no’ to this question. Brussels: The Member State responded ‘no’ to this question for all of the regions. Bulgaria: The Member State responded ‘no’ to this question. Cyprus: The Member State responded ‘no’ to this question. The Czech Republic: The Member State responded ‘no’ to this question. Estonia: The Member State responded ‘no’ to this question. Finland: The Member State responded ‘no’ to this question. France: The ability to eliminate waste in landfills, under Directive in Article 12 has not been incorporated into French law. Article 6 of the Decree of 9 November 2009 prohibits the aforementioned discharge of all waste portable batteries and accumulators collected separately and all waste automobile batteries and industrial batteries. Germany: The Member State responded ‘no’ to this question. Hungary: The Member State responded ‘no’ to this question. Ireland: The Member State responded ‘no’ to this question. Italy: The Member State responded ‘no’ to this question. Lithuania: The Member State responded ‘no’ to this question. Luxembourg: The Member State responded ‘no’ to this question. Malta: The Member State responded ‘no’ to this question. The Netherlands: The Member State responded ‘no’ to this question. Portugal: The Member State responded ‘no’ to this question. Romania: The Member State responded ‘no’ to this question. Slovakia: Pursuant to sect. 18(4) point p) of Act No. 223/2001 on waste, it is prohibited on the territory of the Slovak Republic to dispose of or recover waste batteries and accumulators with the exception of eliminating non-recoverable residues from waste batteries and accumulators that have undergone treatment and recycling. On the basis of the mentioned prohibition, the Slovak Republic did not use the option mentioned in sect. 2(1) of the Directive. Slovenia: The Member State responded ‘no’ to this question. Spain: At the time of writing no producer has requested disposal to landfill of portable batteries and accumulators containing cadmium, lead or mercury due to the commercial value of recycled material.

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Sweden: 30 tonnes of mercury from batteries has been disposed of in Germany. The UK: The option for Member States to dispose of some portable batteries containing cadmium, mercury or lead in landfills in certain circumstances has not been implemented. 3.6 Levels of Recycling Question (5) (c): What level of recycling was achieved on each calendar year concerned? Have all collected batteries and accumulators been sent for recycling in accordance with Article 12 (1)? Article 12 (1) requires Member States to set up schemes to provide for the treatment and recycling of waste batteries and accumulators that comply, as a minimum, with Community legislation, in particular as regards health, safety and waste management. Recycling figures are submitted by Member States to the Commission via the Implementation Questionnaire. The data for 2010-2012 are shown in Table 3.7. The table also indicates where an average is calculated across separate percentage rates and a total is calculated for recycling volumes. However, whenever Member States submitted separate figures and these were averaged into an aggregate single rate, the breakdown of the separate values submitted by Member States are reported in the respective footnotes. If a Member State has not submitted a rate in its reply to the Implementation Questionnaire, ‘No data available’ has been recorded in these tables. Table 3.7 indicates that full compliance in implementing the Directive (defined as achieving 100% recycling) was only achieved by Bulgaria, the Netherlands and Spain for all three years (2010-2012) and Germany for 2011. Cyprus, Estonia, Finland, Germany, Greece, Hungary, Luxembourg and Slovenia submitted figures between 50-99% compliance for at least one of the three years, indicating that these Member States are making progress in meeting the obligation. The rest of the Member States either did not submit any figures or submitted tonnes of waste instead of recycling percentages so it was not possible to conclude on whether the Directive obligation was met. Austria did not mention the requirements of the article in its reply, and only submitted recycling figures for 2011 (thus omitting 2010 and 2012). However its Batteries Ordinance was considered to establish that the level of recycling has been achieved and that all collected batteries and accumulators were being sent for recycling in accordance with Article 12(1). For Greece its Waste Management Plan was considered given there was no reply to the Implementation Questionnaire 2010-2012, and out of 657 tonnes of waste batteries and accumulators collected, 625 tonnes were recycled, namely 95%. The rest were stored until they were sent for recycling. Similarly for Latvia its Waste Management Plan was considered. The information in Plan indicates that in 2010, 1,128 tonnes of batteries and accumulators were collected and 925 tonnes were recycled whereas in 2011, 1,271 tonnes were collected and 1,110 tonnes were recycled. Table 3.7: Recycling Levels across the EU27 for 2010-2012

Recycling Levels

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Member State 2010 2011 2012

Austria No data available 61.0%139 No data available

Belgium 1,910,561 tonnes140 33,788,599 tonnes141 33,303,378 tonnes142

All Collected All Collected All Collected Bulgaria143 Batteries Batteries Batteries

Croatia No data available No data available No data available

Cyprus 95.0%144 85.0%145 90.0%146

Czech Republic 21,578 tonnes147 20,288 tonnes148 24,736 tonnes149

Denmark No data available No data available No data available

Estonia No data available 89.5%150 71.2%151

Finland No data available 76.7%152 No data available

France 226,243 tonnes153 217,201 tonnes154 236,121 tonnes155

139 With recovery rate of 67%. 140 Ni-Cd 255,743 tonnes, others 1,654,818. 141 Ni-Cd 29,615 tonnes, lead-acid 33,601,499 tonnes, others 157,485 tonnes. 142 Ni-Cd 25,046 tonnes, lead-acid 33,126,594 tonnes, others 151,738 tonnes. 143 Response just claims that all waste batteries and accumulators were recycled each calendar year, and makes no references to the requirements of Article 12(1). 144 Portable batteries 100%, car batteries 90%. 145 Portable batteries 80%, car batteries 90%. 146 Only car batteries. 147 Lead-Acid 20,852.797 tonnes, Ni-Cd 448.85 tonnes, others 276.605 tonnes. 148 Lead-Acid 18,980.675 tonnes, Ni-Cd 544.476 tonnes, others 762.66 tonnes. 149 Lead-Acid 23,678.217 tonnes, Ni-Cd 519.595 tonnes, others 538.026 tonnes. 150 Only for lead batteries. No waste portable batteries were sent for recycling in 2011. 151 The level of recycling for waste portable batteries was 52.1%, and for lead containing batteries was 90.2%. 152 Portable batteries 55%, Car batteries 82%, Industrial batteries 93%. 153 Portable 11,909 tonnes, industrial 18,545 tonnes, automobile 195,789 tonnes, lead-acid 213,140 tonnes, Ni-CD 1,016 tonnes, and others 12,086 tonnes. 154 Portable 11,657 tonnes, industrial 14,139 tonnes, automobile 191,405 tonnes, lead-acid 205,218 tonnes, Ni-CD 790 tonnes, and others 11,193 tonnes. 155 Portable 12,234 tonnes, industrial 13,899 tonnes, automobile 209,987 tonnes, lead-acid 223,604 tonnes, Ni-CD 1,239 tonnes, and others 11,280 tonnes.

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Recycling Levels

Member State 2010 2011 2012

Germany 98.0%156 100.0%157 96.0%158

According to National According to National Waste Management Waste Management Plans, almost all Plans, almost all Greece 95.0%159 collected batteries are collected batteries are exported for exported for recycling/treatment recycling/treatment

160 161 Hungary 95.5% 95.5% 95.5%162

Ireland 10,349 tonnes163 11,379 tonnes164 9,466 tonnes165

Italy166 178,343 tonnes 188,715 tonnes 201,522 tonnes

Latvia167 925 tonnes 1,110 tonnes No data available

Lithuania 15,972 tonnes168 16,946 tonnes169 No data available

Luxembourg170 69.4%171 70.9%172 71.6%173

Malta174 1,059 tonnes 686 tonnes 942 tonnes

156 Lead-acid 94%, Ni-Cd 107%, others 93%. 157 Lead-acid 98%, Ni-Cd 94%, others 107%. 158 Lead-acid 97%, Ni-Cd 97%, others 93%. 159 According to National Waste Management Plans for 2011. 160 100% for automotive and industrial accumulators, 91% of waste portable power supplies. 161 100% for automotive and industrial accumulators, 91% of waste portable power supplies. 162 100% for automotive and industrial accumulators, 91% of waste portable power supplies. 163 Lead Acids: 10,287 tonnes, NiCd: 18 tonnes, others: 44 tonnes. 164 Lead Acids: 10,974 tonnes, NiCd: 47 tonnes, others: 358 tonnes. 165 Lead Acids: 9,079.55 tonnes, NiCd: 87.5 tonnes, others: 299 tonnes. 166 For lead-acid industrial or automotive batteries and accumulators, all those collected have been sent for treatment and recycling. For portable batteries and accumulators in 2012, 47.7 % of those collected were recycled and for Ni-Cd 71.5 % of the batteries collected were recycled. 167 According to the information provided in the Waste Management Plans. However there is not enough information to calculate the recycling levels. 168 Lead acid: 15,870 tonnes, Ni-Cd: 0.04 tonnes, and others 102 tonnes. 169 Lead acid: 16,889 tonnes, and others 57 tonnes. 170 All waste batteries and accumulators collected have been transferred to the duly authorized processing centers for recycling. The recycling rate of minima have always been achieved. 171 Lead acid 73.41%, Ni-Cd 81.4%, and others 53.28%. 172 Lead acid 73.41%, Ni-Cd 81.4 %, and others 57.96 %. 173 Lead acid 75.6%, Ni-Cd 83.2%, and others 56.02%.

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Recycling Levels

Member State 2010 2011 2012

All Collected All Collected All Collected Netherlands175 Batteries Batteries Batteries

Poland 97,403 Mg176 88,485 Mg177 98,805 Mg178

Portugal 30,324 tonnes 30,392 tonnes 31,607 tonnes179

Romania180 No data available No data available No data available

Slovakia 3,801 tonnes181 5,511 tonnes182 9,571 tonnes183

Slovenia No data available 93.8%184 93.4%185

Spain186 100.0% 100.0% 100.0%

Sweden 501 tonnes 627 tonnes 591 tonnes

United Kingdom No data available No data available No data available

Member States replies are summarised below: Austria: In 2011 1,738 tonnes of portable batteries and accumulators were collected. Of these 1,059 tonnes were recovered and 1,162 tonnes were recycled. This results in a material recycling rate of 61% and an overall recovery rate of 67%. Around 1,350 tonnes of portable batteries were exported for recovery to another EU Member State. Belgium:

174 Waste batteries are kept in storage until eventually exported abroad for treatment. Not all collected waste batteries are exported immediately. 175 Does not include any quantitative figure. 176 96,160.64 Mg of lead-acid batteries, 25.68 Mg of Ni-Cd batteries, and 1,216.88 Mg of other batteries. 177 86,452.73 Mg of lead-acid batteries, 76.83 Mg of Ni-Cd batteries, and 1,955.1 Mg of other batteries. 178 87,122.33 Mg of lead-acid batteries, 8,080.56 Mg of Ni-Cd batteries, and 3,601.73 Mg of other batteries. 179 Provisional estimate. 180 Not all collected batteries and accumulators have been sent for recycling. The batteries and accumulators not sent for treatment/recycling are stored at the collecting/treating undertakings. 181 Lead: 3,569 tonnes, Ni-Cd: 232 tonnes. 182 Lead: 4,884 tonnes, Ni-Cd: 223 tonnes, others: 404 tonnes. 183 Lead: 8,741 tonnes, Ni-Cd: 258 tonnes, others: 572 tonnes. 184 Portable: 84.3%, industrial: 98%, automotive: 99%. 185 Portable: 87.3%, industrial: 93%, automotive: > 100%. 186 Since 2010 all batteries and accumulators collected in Spain have been recycled.

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a. Nickel-cadmium Batteries (tonnes): 2009 – 230,854; 2010 – 255,743; 2011 – 29,150; 2012 – 25,046. b. Lead-acid Batteries and Accumulators (tonnes): 2009 – No data available; 2010 – No data available; 2011 – 33,601,499; 2012 – 33,126,594. c. Other Batteries: 2009 – 1,527, 128; 2010 – 1,654,818; 2011 – 157,485; 2012 – 151,738.

The data for nickel-cadmium and 'other' batteries were provided by the collection system and management body BEBAT which collect waste batteries and accumulators. In BEBAT batteries are first sorted by their chemical family, and transported to specialized processors. The above figures relate to amounts of waste batteries and accumulators that were taken to recycling facilities. Automotive batteries and accumulators (lead-acid batteries) are not actively collected by the controlling authority Recybat. Given the positive value of the batteries and the current landfill and incineration ban, all discarded automotive batteries are recycled. Also all car batteries that were collected by manufacturers in the context of individual plans were also transported to recycling companies. Recybat has also reported since 2011, the "recycling level for lead acid batteries and accumulators" to the Belgian government.

Bulgaria: All waste batteries and accumulators collected have been sent for recycling during each calendar year of the reporting period. No waste batteries and accumulators have been handed over for disposal to landfill.

Cyprus: Portable batteries: For the years 2009-2010 all quantities of portable batteries collected were exported for recycling purposes (100% was sent for recycling). For the year 2011 only 80% of the total quantity collected was exported for recycling. For the year 2012 no exports took place. The quantity collected in 2012 and the remaining quantity of 2011 will be exported in 2013 along with the quantities collected in 2013. Car Batteries: In both 2011 and 2012 more than 90% of car batteries placed in the market were collected and exported to licensed waste management plants in the European Union.

The Czech Republic: The level of recycling achieved is outlined in Table 3.8.

Table 3.8: Recycling Levels in the Czech Republic, 2009-2012 Recycling Level (tonnes) 2009 2010 2011 2012 Portable Batteries and No data No data No data No data Accumulators available available available available

Lead-Acid Batteries 9,512.17 20,852.797 18,980.675 23,678.217

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Nickel-Cadmium 522.6 448.85 544,476 519,595 Batteries

Other Batteries 149.17 276,605 762.66 538,026

Source: ISOH (see calculation method).

All collected waste batteries and accumulators have been sent for recycling in accordance with Article 12(1). Waste lead-acid batteries and accumulators are bought- in, industrial nickel-cadmium batteries and accumulators are collected separately. In order to meet the requirements, the operation of take-back for portable batteries and accumulators was amended after 2010 by means of two collective systems and one individual one.

Estonia: It is obligatory under the Waste Act to send all collected waste batteries to a recycling facility. But since the amount of collected waste portable batteries in Estonia can be very small, producers can collect waste portable batteries for one to three years before they send them off to a recycling facility. Waste automotive batteries are also recycled in Estonia. No waste portable batteries (except lead containing batteries) were sent for recycling in 2011. In 2012 the level of recycling for waste portable batteries (except lead batteries) was 52.1%. The levels of recycling of lead containing batteries in 2011 was 89.5% and in 2012 was it 90.2 %.

Finland: For the year 2011 the level of recycling achieved, calculated from collected batteries and accumulators was: a. Portable batteries, 55%; b. Car batteries, 82 %; and c. Industrial batteries, 93 %. All collected batteries and accumulators were sent for recycling.

France: The following table shows the amounts of waste batteries and accumulators collected in France in accordance with Article 12 paragraph 1 of the Directive. These quantities are provided by both the type of battery and accumulators (portable / automotive / industrial) and by stream processing (lead, nickel cadmium, others) like the two distribution channels used by the Directive to secure the bonds.

Recycling level (tonnages collected in France and sent for recycling either in France or abroad according to statements from the national registry batteries) are outlined in Table 3.9. Table 3.9: Recycling Levels in France, 2009-2012 Tonnes 2009 2010 2011 2012 Portable 9,293 11,909 11,657 12,234 Industrial 14,559 18,545 14,139 13,899 Automobile 177,218 195,789 191,405 209,987

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Tonnes 2009 2010 2011 2012 Lead-acid 191,274 213,140 205,218 223,604 Nickel-cadmium 946 1,016 790 1,239 Automobile 8,851 12,086 11.193 11,280 TOTAL: 201,070 226,243 217,201 236,121

Germany: All waste batteries and accumulators: In Germany, under the material recycling of waste batteries, recovery is defined in accordance with section 15 para. 1 No. 5 BattG in connection with section 2 para. 20 BattG. Table 3.10 shows the recovery levels achieved each year for different battery types. Table 3.10: Recycling Levels in Germany, 2009-2012

Year Unit 2009 2010 2011 2012 Lead-acid In % 1. 100 % 94% 98% 97 % In tonnes 2. 234,560 181,228 183,027 182,973 Nickel-cadmium In % 1. 95 % 107% 94% 97 % In tonnes 2. 1,085 1,358 1,173 1,323 Other In % 1. 91 % 93% 107% 93 % In tonnes 2. 12,654 13,502 16,420 14,363 (1) Recycling in % = According to the "recovery" under Section 2 (20) BattG: 187 The percentage of the earth in a calendar year a regularity. Please read some instant recovery under half of the table. (2) Recycling in tonnes = Mass of the batteries, the recycling in a year, in keeping with the spirit of the EUROSTAT-Leitfaden.:

Table 3.11 provides an overview of the mass of waste portable batteries that are not being recycled, but instead disposed of. Since 2009, the amount of waste portable batteries being sent to landfill has greatly reduced. In the year 2012 there were a total of 20 tonnes sent the disposal, 98% less than in 2009. Sending waste portable batteries to landfill during this period has been partly due to not identifiable waste batteries or batteries for which there is no recycling method. Table 3.11: Mass of Portable Batteries to Landfill in Germany, 2009-2012

Tonnes 2009 2010 2011 2012 Collected and then disposed 898 60 136 20 waste portable batteries

187 According to the "Recovery" in accordance with Art. 15 para. 1 No. 5 BattG in connection with section 2 para. 20 BattG.

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Hungary: All automotive and industrial accumulators collected have been recycled. As for batteries and portable accumulators, in line with Article 12(1)(b) of the Directive, the Hungarian Government Decree lays down an obligation to recycle identifiable waste. In line with that provision, 91% of waste portable power supplies collected has been recycled. Components which could not be identified according to their chemical composition during the sorting of waste (9%) have been disposed of in licensed hazardous-waste landfills. Ireland: Approved compliance schemes are obliged to send all waste batteries and accumulators collected for recycling. KMK Metals Recycling and The Recycling Village are the two contractors currently tendered to WEEE Ireland for the collection and treatment of waste batteries. Both companies sort the batteries collected by size and chemistry type and export them for recycling to UK and European recyclers. In 2011 the following were used: Redux Recycling (Germany), G&P Batteries (UK), Recypilas (Spain), and SNAM (France)). During the initial sorting process 6V and portable lead acid batteries are hand- picked while button batteries are mechanically sorted. Then during the second sort other battery types are positively hand-picked. If the batteries are contaminated with general waste or batteries get wet and corroded then they become more difficult to sort as they’re harder to identify. There is a positive value from selling some batteries (i.e. those containing lead) but for most other batteries types, there’s typically a negative charge to incur. ERP Ireland currently uses The Recycling Village to collect and recycle waste batteries. The waste batteries are sent to Recypilas SA in Spain for final treatment. Metals (including lead, nickel, zinc and cobalt) are extracted from the batteries in a smelting process.

The level of recycling for collected batteries and accumulators sent in the past years was: a. Lead Acids: 2010 - 10,287 tonnes, 2011- 10,974 tonnes, 2012- 9,079.55 tonnes. b. Nickel-Cadmium: 2010 - 18 tonnes, 2011 - 47 tonnes, 2012 - 87.5 tonnes. c. Other: 2010 - 44 tonnes, 2011- 358 tonnes, 2012 - 299 tonnes.

Italy: The level of recycling achieved is as follows: a. For 2009: 157,187.64 t; b. For 2010: 178,343.21 t; c. For 2011: 188 715.11 t; and d. For 2012: 201,521.93 t.

With regard to the recycling of lead-acid industrial or automotive batteries and accumulators, all those collected have been sent for treatment and recycling. However, with regard to the recycling of portable batteries and accumulators in 2012, 47.7 % of those collected were recycled and 71.5 % of the Nickel-Cadmium portable batteries collected were recycled.

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Lithuania: The level of recycling of collected and imported waste batteries and accumulators (in tonnes) over each calendar year is presented in Table 3.12. Waste batteries and accumulators that were not recycled in the country were treated (prepared for recycling) and waste generated after the treatment was shipped to other EU Member States for recycling. Table 3.12: Recycling Levels in Lithuania, 2009-2011 Tonnes 2009 2010 2011 Level of Treated Level of Treated Level of Treated

recycling amount recycling amount recycling amount Lead-acid 11,741 2,935 15,870 2,637 16,889 3,286 Nickel- 2 0.4 0.04 1 0 4 Cadmium Other 153 365 102 597 57 285

Luxembourg: All waste batteries and accumulators collected have been transferred to the duly authorised processing centres for recycling. Malta: a. In 2009, Malta recycled 759.75 tonnes. b. In 2010, Malta recycled 1,058.98 tonnes. c. In 2011, Malta recycled 686.041 tonnes. d. In 2012, Malta recycled 942 tonnes.

Waste batteries are kept in storage until eventually exported abroad for treatment. Not all collected waste batteries are exported immediately. The Netherlands: For all collected batteries and accumulators recycling was carried out in accordance with Article 12(1). Batteries and accumulators were transported to installations in other EU countries, so no recycling rates are available. Poland: It should also be noted that the lack of information on the recycling rates for waste batteries and accumulators achieved in 2009 stems from the fact that, in that year, Poland had data only on the number of batteries and accumulators placed on the market and not on their weight. The national provisions in force at the time (i.e. the Act of 11 May 2001 on the obligations of businesses regarding the management of certain waste and on product charges and deposits (Journal of Laws 2007/90, item 607, as amended)) required operators to submit information only on the quantity of batteries and accumulators placed on the market. It is not currently possible to process this data in such a way as to give the actual weight of waste batteries and accumulators recycled in that period. For 2010-2012, the recycling levels were: 2010: a. 96,160.64 Mg of lead-acid batteries and accumulators; b. 25.68 Mg of nickel-cadmium batteries and accumulators; and

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c. 1, 216.88 Mg of other batteries and accumulators. 2011: a. 86,452.73 Mg of lead-acid batteries and accumulators; b. 76.83 Mg of nickel-cadmium batteries and accumulators; and c. 1,955.1 Mg of other batteries and accumulators. 2012: a. 87,122.33 Mg of lead-acid batteries and accumulators; b. 8,080.56 Mg of nickel-cadmium batteries and accumulators; and c. 3,601.73 Mg of other batteries and accumulators. Portugal: a. 2009: 49,738 tonnes; b. 2010: 30,324,361 tonnes; c. 2011: 30,392,191 tonnes; and d. 2012 (provisional data): 31,606,571 tonnes.

Romania: Not all collected batteries and accumulators have been sent for recycling. The batteries and accumulators not sent for treatment/recycling are stored at the collecting/treating undertakings.

Slovakia: The recycling levels achieved are shown in Table 3.13.

Table 3.13: Recycling Levels in Slovakia, 2009-2012

In tonnes 2009 2010 2011 2012

Lead 3,894 3,569 4,884 8,741

Nickel-Cadmium 109 232 223 258

Other available No data No data 404 572

The data, which formed basis for the calculation of recycling rates were sent to the Ministry of Environment by the individual processors of lead, industrial and other waste batteries and accumulators. These entities included: Mach Trade s.r.o., Sered', INSA s.r.o., Sered', ŽOS -EKO s.r.o., Vrútky a Elektro-Recycling s.r.o., Banská Bystrica, and the Association of Automotive Industry. Act no. 223/2001 on waste sets out the conditions for holders who are required to hand over waste batteries and accumulators to a business entity entitled to collect waste batteries and accumulators or to a distributor of batteries and accumulators. Next, business entities authorised to collect batteries and accumulators are obliged to hand over waste batteries and accumulators to a recovering entity authorised to treat and recycle waste batteries and accumulators pursuant to sect. 8(3) point a) of the Waste Act. Also, processors of electrical waste are obliged under this Act to ensure that the

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spent batteries and accumulators collected from the waste from electrical and electronic equipment are transferred only to the recovering entity authorised to treat and recycle waste batteries and accumulators. Slovenia: The recycling levels achieved in 2011 and 2012 are outlined in Table 3.14. Table 3.14: Recycling Levels in Slovenia, 2011-2012

Collected Sent for Recycling Tonnes recycling Remaining at rate (%) storage site

Portable 165.881 139.844 100.09 84.3

Industrial 439.829 431.382 8.45 98 2011 No data Automotive 5,144.089 5,142.75 available 99

Portable 208.994 182.526 122.917 EUR 87.3

2012 Industrial 489.505 455.636 3.95 93

Automotive 5,070.872 5,123.691 2.18 > 100 %

A quantity of waste batteries and accumulators still remained at the preliminary storage site on the collectors' premises, to be sent for recycling in the following year.

Spain: Since 2010 all batteries and accumulators collected in Spain have been recycled. The recycling rate is thus 100%.

Sweden: The level of recycling achieved is summarised in Table 3.15.

Table 3.15: Recycling Levels in Sweden, 2009-2012 2009 2010 2011 2012

Tonnes 289 501 627 591

The UK: There is no information on the level of recycling. However Regulation 21 of the Waste Batteries Regulations 2009 requires that all waste portable batteries collected by battery compliance schemes must be sent to an ABTO or ABE. Schedule 4 of the Regulations also require that all the waste batteries accepted by ABTOs and ABEs in a compliance year must be capable of being recycled by the end of the following compliance year.

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3.7 Levels of Recycling Efficiency Question (5) (d): What level of recycling efficiency was achieved in each calendar year as from 26 September 2011 and if available, for the preceding year? Article 12(1) the relevant article for this question, requires Member States to set up schemes to provide for the treatment and recycling of waste batteries and accumulators that comply, as a minimum, with Community legislation, in particular with regards to health, safety and waste management. Annex III, Part B states that recycling processes shall achieve the following minimum recycling efficiencies by September 26 2011: (a) recycling of 65 % by average weight of lead-acid batteries and accumulators, including recycling of the lead content to the highest degree that is technically feasible while avoiding excessive costs; (b) recycling of 75 % by average weight of nickel-cadmium batteries and accumulators, including recycling of the cadmium content to the highest degree that is technically feasible while avoiding excessive costs; and (c) recycling of 50 % by average weight of other waste batteries and accumulators. Recycling efficiency figures are submitted by Member States to the Commission via the Implementation Questionnaire. The data for 2010-2012 are shown in Table 3.16. The table presents the separate rates for the different battery types, if available, and the aggregate average rate is given in the footnote for comparison purposes. If a Member State has not submitted a rate in its reply to the Implementation Questionnaire, ‘No data available’ has been recorded in these tables. Table 3.16 indicates that full compliance for 2012188 (i.e. achieving and/or exceeding all three rates outlined by the Directive) has been achieved by Austria, Belgium, Bulgaria, the Czech Republic, Finland (2011), France, Germany, Hungary (2011 for lead-acid and other, not for nickel-cadmium), Ireland, Italy (for lead-acid and other, no data was submitted for nickel-cadmium), Lithuania (2011 for lead-acid only), Luxembourg, the Netherlands, Poland, Portugal (2011 for lead-acid only), Slovakia, Slovenia, Spain and Sweden. Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Portugal and the UK did not provide any values at all. Similarly Romania did not provide any figures but reported that the minimum targets were met for all three years. Please note that not all Member States submitted data which covered all three years. It should be mentioned that a Regulation on the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators was adopted in 2012. Commission Regulation (EU) No 493/2012 of 11 June 2012 lays down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators. It should be used by Member States to calculate recycle efficiencies.

188 Using data for the most recent year available if there was no 2012 figure, as indicated in the brackets.

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Table 3.16: Recycling Efficiency Rates across the EU27 for 2010-2012

Recycling Efficiency Rates

Member State 2010 2011 2012

No data available No data available 91.0% (lead-acid) 84.0% (Ni-Cd) Austria 50% (NiMH) 79.0% (other)189 No data available No data available 89.0% (lead-acid) Belgium 71.0% (other)190 No data available 96.8% (lead-acid) Bulgaria 95.4 (lead acid)191 69.0% (other)192

Croatia No data available No data available No data available

Cyprus No data available No data available No data available

65.5% (lead-acid) 66.2% (lead-acid) 66.5% (lead-acid) Czech Republic193 92.1% (Ni-Cd) 87.7% (Ni-Cd) 80.8% (Ni-Cd) 63.5% (Other) 68.4% (Other) 56.6% (Other)

Denmark No data available No data available No data available

Estonia No data available No data available No data available

No data available 85.0-92.0% (Lead- 85.0-92.0% (Lead- acid) acid) 75.0-80.0% (Ni-Cd) 75.0-80.0% (Ni-Cd) Finland 60.0-80.0 % 60.0-80.0 % (Alkaline) (Alkaline) 90.0% (NiMH) 90.0% (NiMH) 90.0% (Lithium)194 90.0% (Lithium)195

189 Only lead-acid batteries and accumulators were recycled in Austria. The efficiency rate for the Ni-Cd and others batteries are calculated from exports to other EU members. Average efficiency was 84.67%. 190 Ni-Cd are exported for recycling and thus excluded. Average efficiency was 80%. 191 Lead acid figures are the average from four plants. 192 Lead acid figures are the average from three plants. Other only includes data for alkaline batteries. Average efficiency was 92.86%. 193 Average recycling efficiency rate in 2010 was 73.7%, in 2011 was 74.1%, and in 2012 was 67.97%. 194 Average efficiency is 83.2%. Finland noted that there is very little variation in recycling efficiencies between years.

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Recycling Efficiency Rates

Member State 2010 2011 2012

No data available No data available 77.0% (Ni-Cd) France 82.0% (Lead-acid) 53.0% (Other)196 97.0% (lead-acid) 97.0% (lead-acid) 95.0% (lead-acid) Germany197 89.0% (Ni-Cd) 83.0% (Ni-Cd) 89.0% (Ni-Cd) 71.0% (Other) 72.0% (Other) 58.0% (Other)

Greece198 No data available No data available No data available

85.0% (Lead-acid) No data available 58.0% (NiCd) Hungary No data available 73.0% (NiMh) 91.0% (Other)199 85.0% (lead-acid) 79.0% (lead-acid) 79.0% (lead-acid) Ireland200 75.0% (Ni-Cd) 75.0% (Ni-Cd) 79.0% (Ni-Cd) 76.0% (Other) 61.0% (Other) 57.0% (Other) No data available No data available 84.0% (lead-acid) Italy 81.0% (Other)201

Latvia No data available No data available No data available

No data available 86.8% (lead-acid) No data available Lithuania 16.0% (others)202 73.4% (lead acid) 73.4% (lead acid) 75.6% (lead acid) Luxembourg203 81.4% (Ni-Cd) 81.4% (Ni-Cd) 83.2% (Ni-Cd) 53.3 %(Others) 58.0% (Others) 56.02% (Others)

195 Average efficiency is 83.2%. Finland noted that there is very little variation in recycling efficiencies between years. 196 Average efficiency is 70.67%. 197 Average recycling efficiency rate in 2010 was 86%, in 2011 was 84%, and in 2012 was 81%. 198 According to National Waste Management Plans, almost all collected batteries are exported for recycling/treatment. 199 Average efficiency was 77%. 200 Average recycling efficiency rate was 78.67% in 2010, 71.67% in 2011, and 71.67% in 2012. 201 Ni-Cd batteries are not recycled in Italy. 202 Average efficiency is 51.4%. Ni-Cd is not recycled but only treated for recycling. 203 Average recycling efficiency rate in 2010 was 69.36%, in 2011 was 70.92%, and in 2012 was 71.61%.

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Recycling Efficiency Rates

Member State 2010 2011 2012

Malta No data available No data available No data available

94.0% (lead acid) 89.0% (lead acid) 84.0% (lead acid) Netherlands204 80.0% (Ni-Cd) 86.0% (Ni-Cd) 81.0% (Ni-Cd) 66.0% (Other) 63.0% (Other) 57.0% (Other) 99.1% (lead-acid) 97.2% (lead-acid) 99.3% (lead-acid) Poland205 100.0% (NiCd) 98.8% (NiCd) 90.7% (NiCd) 88.2% (other) 89.4% (other) 101.5% (other)

Portugal No data available 68.8% (lead-acid)206 No data available

Romania207 Minimum Minimum Minimum

73.0% (lead acid) 96.0% (lead acid) 97.0% (lead acid) Slovakia208 84.0% (Ni-Cd) 84.0% (Ni-Cd) 97.0% (Ni-Cd) 96.6% (Other) 98.0% (Other) 96.6% (Other)

Slovenia209 75.0% 82.0% 84.0%

77.1% (lead acid) 77.0% (lead acid) Spain210 No data available 76.6% (Ni-Cd) 82.8% (Ni-Cd) 63.5% (Other) 63.8% (Other) 83.0% (portable) 83.0% (portable) 78.0% (portable) 93.0% (lead acid) 93.0% (lead acid) 87.0% (lead acid) Sweden211 97.0% (Ni-Cd) 97.0% (Ni-Cd) 98.0% (Ni-Cd) 81.0% (Other) 81.0% (Other) 75.0% (Other)

United Kingdom No data available No data available No data available

204 Average recycling efficiency rate in 2010 was 80%, in 2011 was 79.33%, and in 2012 was 74%. 205 Average recycling efficiency rate in 2010 was 95.76%, in 2011 was 96.13%, and in 2012 was 97.17%. 206 Data for other types are not available. 207 Actual figures not provided but the Member State stated that it had achieved the minimum level of efficiency recycling specified in Part B of Annex III to the Directive. 208 Average recycling efficiency rate in 2010 was 84.53%, in 2011 was 92.67%, and in 2012 was 96.87%. 209 Does not provide breakdown of efficiency rates by battery types. 210 Average recycling efficiency rate in 2011 was 72.38%, and in 2012 was 74.53%. 211 Average recycling efficiency rate was 88.5% in 2010 and 2011, and 84.5% in 2012.

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Member States replies are summarised below: Austria: Regarding the lead-acid batteries and accumulators in 2012, Austria treated 13,078 tonnes. When removing the water content, this resulted in 10,986 tonnes of dry matter. Of these, 9,994 tons were recycled resulting in a recycling efficiency of 91.0 %. With respect to other types of batteries, there is no treatment provided in Austria so there are exclusively exported to other Member States. So for example, nickel-cadmium batteries were exported and the efficiency of the collection and recovery system was 84 %. Nickel-metal hydride batteries achieved a 50 % recycling efficiency. As a group batteries were recycled with a 79% recycling efficiency. Belgium: According to Article 12(5) of the Directive, Member States should only report for the first whole year of data and that is 2012. So the level of recycling efficiency achieved in 2012 was: a. Lead acid batteries / accumulators: 89%; and b. Other batteries / accumulators: 71% In Belgium, no recycling companies for nickel-cadmium batteries exist, therefore it is not included in the above table. The specified recycling yields are the weighted average yields for the recycling processes in Belgium. These were calculated based on the recycling efficiencies for individual recycling processes. All reported recycling processes also meet the required recycling yields on an individual basis. Bulgaria: The recycling efficiency achieved by the facilities in Bulgaria for 2012 are as follows: a. 'MONBAT' AD (recycling facility for lead accumulator batteries): materials recycling level – 97 %, lead recycling level – 95 %; b. 'KCM' AD (recycling facility for lead accumulator batteries): materials recycling level – 96 %, lead recycling level – 98 %; c. 'EL BAT' AD (recycling facility for lead accumulator batteries): materials recycling level – 97 %, lead recycling level – 98 %; and d. 'MAKMETAL HOLDING' AD (recycling facility for alkaline batteries): materials recycling level – 69 %. In 2012, all four facilities have achieved the recycling level under Annex III, part B to the Directive.

In 2011, there were four facilities for treatment of lead accumulator batteries in the Republic of Bulgaria. The recycling efficiency achieved is as follows: a. 'MONBAT' AD: materials recycling level – 97 %, lead recycling level – 97.5 %; b. 'KCM' AD: materials recycling level – 97 %, lead recycling level – 98.5 %; c. 'OTsK' AD: materials recycling level – 91 %, lead recycling level – 94 %; and d. 'EL BAT' AD: materials recycling level – 91 %, lead recycling level – 97 %. In 2011, all four facilities have achieved the recycling level under Annex III, part B to the Directive.

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Cyprus: No data is available yet. From January 1st 2014 as required by Regulation (EU) No 493/2012 of 11 June 2012 all exports have been informed by letter accordingly that they must fill the Annex VΙ to the European Regulation 2012/493/ΕC and the points 17, 18 and 19 of the Movement Document. The Czech Republic: The level of recycling efficiencies achieved each year are outlined in Table 3.17. Table 3.17: Levels of Recycling Efficiencies in the Czech Republic, 2009- 2012 Recycling Efficiency 2009 2010 2011 2012 (%) Portable Batteries No data No data No data No data and Accumulators available available available available No data Lead-Acid Batteries 65.5 66.2 66.5 available Nickel-Cadmium No data 92.1 87.7 80.8 Batteries available No data Other Batteries 63.5 68.4 56.6 available Source: Annual report on fulfilment of take-back and separate collection obligations for batteries and accumulators pursuant to Annex 3 to Decree No 170/2010.

Estonia: This information is not yet available in Estonia. According to the Commission Regulation No. 493/2012, the level of recycling efficiency has to be calculated for the first time in 2015 in Estonia regarding the year 2014. Finland: The level of recycling efficiency achieved in 2011 was: a. Alkaline batteries: 60-80 % depending on recycling plant; b. Lead-acid batteries: 85-92 % depending on recycling plant; c. Nickel-Cadmium batteries: 75-80 % depending on recycling plant; d. Nickel-Metal Hydride batteries: 90 %; and e. Lithium batteries 90 %. There is very little variation in recycling plants efficiency between different years. France: Table 3.18 indicates the average level of recycling efficiency in 2012 and the calculation method used. Regulation (EU) No 493/2012 of 6 June 2012 on the recycling efficiency was applied as soon as possible by the French recyclers. Table 3.18: Level of Recycling Efficiencies in France, 2012

2012 (%) Calculation Method Used

European regulation on the recycling efficiency with 82% of Nickel-cadmium 77 all French recyclers taking account of all the methods used.

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Mass balance (S outgoing fractions declared / O incoming amounts) and weighted average of the results obtained by Lead-acid 82 the French recyclers. Details are necessary to implement the European Regulation by lead recyclers.

Weighted average of the results obtained by French recyclers applying the European Regulation on Other 53 performance recycling with 62% of all French recyclers taking account of all the methods used.

Germany: For the years 2011 and 2012 recycling efficiencies have been calculated using the following method: Portable batteries: The take-back systems for waste portable batteries indicate in their reports that there is a total of eight different recycling systems. These eight recycling systems are divided into recycling, other recovery and disposal. Industrial and automotive batteries: The association Wirtschaftsvereinigung metals (WVM) (summarized for the exploitation of lead acid batteries) and two take-back systems (for further industrial batteries) have submitted the necessary information. Recycling efficiencies for eight distribution centres were calculated, and these were in the range of 54 to 97 %. The recycling efficiencies exceeded those requested in Annex III to the Batteries Directive. The recycling efficiencies for lead-acid and nickel- cadmium batteries as well as any others collected are shown in Table 3.19. Table 3.19: Level of Recycling Efficiencies in Germany, 2010-2012

Year 2010 2011 2012

Lead-acid batteries 97 % 97 % 95 % Nickel-cadmium batteries 89 % 83 % 89 % Other batteries 71 % 72 % 58 %

Hungary: No physical recovery of waste occurs in Hungary. Hungarian collection bodies have recycled waste recovered in other Member States. According to the information available, all foreign recovery partners of waste treatment bodies registered and licensed in Hungary comply with the recycling efficiency indicators laid down in point 3 of Annex III to the Directive. The recycling efficiency indicators for the various chemicals in 2011 are shown in Table 3.20.

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Table 3.20: Level of Recycling Efficiencies in Hungary, 2011

Recycling Efficiency Percentage (%) Indicators Lead-acid accumulators 85% Nickel-Metal Hydride 73% Nickel-Cadmium 58% Lithium-Ion No data available Other 91%

Ireland: The level of recycling efficiencies achieved in Ireland have been: a. Lead Acid: 2009: 88%, 2010: 85%, 2011: 79%, 2012: 79%. b. Nickel-Cadmium: 2009:78%, 2010: 75%, 2011:75%, 2012: 79%. c. Other: 2009: 67%, 2010: 76%, 2011: 61%, 2012: 57%.

Italy: Data on the recycling efficiencies achieved only includes figures for the recycling facilities located in Italy. No information is available on the efficiencies achieved in facilities abroad.

In 2012, the recycling efficiencies achieved were: a. Recycling of 84 % by average weight of lead-acid batteries and accumulators; and b. Recycling of 81 % by average weight of other waste batteries and accumulators.

The figure relating to the recycling of Nickel-Cadmium batteries and accumulators is not available because no Italian recycling facility collects this type of battery.

Lithuania: Before the entry into effect of the provisions of Commission Regulation (EU) No 493/2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators, the recycling efficiency (in per cent) is calculated by dividing the amount of recycled waste batteries and accumulators by the collected amount (including imports).

The following recycling efficiencies were achieved in 2011: a. For waste lead-acid batteries and accumulators – 86.8 %; and b. For other – 16 %. In Lithuania waste nickel-cadmium batteries and accumulators were not recycled but only treated for recycling in 2011.

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Luxembourg: The levels of recycling efficiency achieved are shown in Table 3.21.

Table 3.21: Level of Recycling Efficiencies in Luxembourg, 2010-2012 Recycling rate of legal Year Category Recycling rates reached minimum Batteries and lead acid 73.41 % 65% batteries Batteries and accumulators 2010 81.4 % 75% Nickel-Cadmium * Other batteries and 53.28 % 50% accumulators Batteries and lead acid 73.41 % 65% batteries Batteries and accumulators 2011 81.4 % 75% Nickel-Cadmium Other batteries and 57.96 % 50% accumulators Batteries and lead acid 75.6 % 65% batteries Batteries and accumulators 2012 83.2 % 75% Nickel-Cadmium Other batteries and 56.02 % 50% accumulators Notes: * = Recycling rate reached on the treatment plant. At 12.31.2010 this waste category was still in intermediate stock.

Malta: In all cases, waste batteries and accumulators are exported abroad for treatment, since no local facilities carry out such treatment operations. Recycling levels have been determined accordingly. In 2011, limited recycling was performed since some automotive batteries had their waste lead-acid batteries drained prior to export to an authorised facility in an EU Member State to complete the process. Although no specific % for the recycling efficiency was submitted, the facility has confirmed that recycling has been carried out and a breakdown of % by stage has been submitted. No such processes were carried out locally in 2012 apart from “preparation for recycling”, following which all waste batteries and accumulators commenced their “recycling process” in facilities abroad. The Netherlands: The recycling efficiencies for the different types of portable batteries/accumulators are shown in Table 3.22. Table 3.22: Level of Recycling Efficiencies in the Netherlands, 2010-2012

Battery and Accumulator 2010 2011 2012 Type (%)

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Battery and Accumulator 2010 2011 2012 Type (%)

Lead 94 89 84

Nickel-Cadmium 80 86 81

Other 66 63 57

Poland: As far as the recycling efficiencies achieved in 2009 are concerned, it should be stressed that there was no requirement at the time for operators to submit reports on the placing on the market of lead-acid batteries and accumulators nor to submit information on the recycling efficiencies received in respect of them. This requirement took effect with the entry into force of the Batteries and Accumulators Act on 12 June 2009. Recycling efficiency has been calculated as the ratio in percentage terms of the weight of the waste batteries and accumulators actually treated, to the weight of those accepted for treatment. The recycling efficiencies for 2009-2012 were: 2009: a. 41.55% of nickel-cadmium accumulators; and b. 16.9% of primary batteries and cells. 2010: a. 99.05% of lead-acid batteries and accumulators; b. 100% of nickel-cadmium batteries and accumulators; and c. 88.23% of other batteries and accumulators. 2011: a. 97.24% of lead-acid batteries and accumulators; b. 98.75% of nickel-cadmium batteries and accumulators; and c. 89.39% of other batteries and accumulators. 2012: a. 99.27% of lead-acid batteries and accumulators; b. 90.72% of nickel-cadmium batteries and accumulators; and c. 101.51% of other batteries and accumulators (this result stems from the surplus untreated batteries and accumulators from 2011 that were treated in 2012; in other words, the weight of the waste batteries and accumulators treated exceeded the weight of those accepted for treatment).

Portugal: Not all the data is available. For lead-acid batteries and accumulators, the available recycling efficiency data, provided by a national operator, is 68.8%.

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Romania: We achieved the minimum level of efficiency recycling specified in Part B to Annex III to Directive 2006/66/EC.

Slovakia: The recycling efficiency levels achieved are shown in Table 3.23.

Table 3.23: Level of Recycling Efficiencies in Slovakia, 2010-2012

2010 2011 2012 %

Lead 73 96 97

Nickel-Cadmium 84 84 97

Other available 96.6 98 96.6

Slovenia: The following recycling efficiency rates were achieved:

a. 2009 - 85 %; b. 2010 - 75 %; c. 2011 - 82 %; and d. 2012 - 84 %. Spain: The levels of recycling efficiency in 2011 were: a. Lead-acid batteries and accumulators - 77.13%; b. Nickel-cadmium batteries and accumulators - 76.56%; and c. Other batteries and accumulators - 63.46%. The levels of recycling efficiency in 2012 were: a. Lead-acid batteries and accumulators - 77%; b. Nickel-cadmium batteries and accumulators - 82.80%; and c. Other batteries and accumulators - 63.80%.

Sweden: The recycling efficiencies achieved are shown in Table 3.24.

Table 3.24: Level of Recycling Efficiencies in Sweden, 2009-2012 2009 2010 2011 2012

Portable 83% 83% 83% 78% batteries Lead-Acid 95% 93% 93% 87% Batteries Nickel-Cadmium 97% 97% 97% 98% Batteries

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2009 2010 2011 2012

Other Batteries 80% 81% 81% 75%

The UK: Commission Regulation (EU) No 493/2012 was published on 11 June 2012 setting down the detailed rules concerning the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators. The Commission will be aware that agreeing these rules was long and complex, and took place after the 26 March 2010 date stipulated in the Batteries Directive. For this reason the UK does not have detailed information available for the period covered by this report. However, for those battery chemistries treated within the UK, records show that the required battery recycling efficiencies were met.

Conclusion: Member States (25) have reported that they have measures in place for treatment and recycling of waste batteries and accumulators in 2010-2012. Full compliance in implementing the Directive’s level of recycling, defined as achieving 100% recycling, was achieved by Bulgaria, the Netherlands and Spain for all three years (2010-2012) and Germany for 2011, which reported 100% recycling figures. Cyprus, Estonia, Finland, Germany, Greece, Hungary, Luxembourg and Slovenia reported figures for at least one of the three years which was between 50-99% compliance indicating that these Member States are on their way to meet the obligation. The rest of the Member States either did not submit any figures or submitted tonnes of waste instead of recycling percentages so it was not possible to conclude on whether the Directive obligation was met. Full compliance in implementing the Directive’s recycling efficiency rates for 2012 (i.e. achieving and/or exceeding all three rates outlined by the Directive) has been achieved by Austria, Belgium, Bulgaria, the Czech Republic, Finland (2011), France, Germany, Hungary (2011 for lead-acid and other, not for nickel-cadmium), Ireland, Italy (for lead- acid and other, no data was provided for nickel-cadmium), Lithuania (2011 for lead- acid only), Luxembourg, the Netherlands, Poland, Portugal (2011 for lead-acid only), Slovakia, Slovenia, Spain and Sweden. Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Portugal and the UK did not provide any values at all. It is worth noting that Sweden had reported that it has not notified the Commission when it exported mercury from batteries for disposal and that it reported tonnage figures of batteries disposed of in 2010-2012 instead of recycling figures as requested by the question.

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3.8 Measures Taken to Ensure that Batteries and Accumulators are not Sent to Landfill Question (6) (a): What measures have been taken to ensure that waste industrial and automotive batteries and accumulators are not disposed of in landfills? Article 14 requires Member States to prohibit the disposal of waste industrial and automotive batteries and accumulators in landfills or by incineration, unless residues of any batteries and accumulators have undergone both treatment and recycling in accordance with Article 12(1). 23 Member States have reported that they have taken measures to ensure that waste industrial and automotive batteries and accumulators are not disposed of in landfills. The detailed replies are summarised below. Despite Greece and Latvia not submitting replies to the Implementation Questionnaires for 2010-2012, it was still possible to establish that such measures were also in place in these two countries by considering other sources. For Greece this was the Joint Ministerial Decision 41624/2057/E103 which established restrictions for disposing of batteries to landfill and for Latvia it was its waste management law and related regulations whereby each landfill is required to have a list of what is allowed and what is not allowed to enter into the landfill, and batteries and accumulators do not appear on the list of Latvian landfills. Denmark and Poland did not submit a reply to this question and no other source of information could be found. Member States replies are summarised below: Austria: Batteries and accumulators in Austria are not disposed of in landfills. According to Article 16, paragraph 1 of the Act (2002) the above-ground deposition of hazardous waste (from batteries and accumulators) is not permitted. In Austria there is also no underground storage as specified in the 2008 Landfill Ordinance. Moreover, in Appendix 6, Chapter 2, exclusion criteria for placement in set underground storage are outlined because, inter alia, waste that can spontaneously ignite or can react with water should not be deposited Belgium: (i) Flemish Region: Various legal provisions manage what type of waste ends up in landfill, including batteries and accumulators. For example VLAREM II, section 5.2.4.1.2 and 1, states that the following wastes may not be accepted in a landfill: Waste for which the decree of December 23, 2011 on the sustainable management of material cycles and waste and its implementation subject to a ban on dumping. Furthermore VLAREMA article 4.5.1.states that for the following waste processing operations i.e. deposit on or in the ground as well as draining with a view to applying the disposal operation is prohibited for waste subject to Rule 4.5.2 applies sa burning ban; mixed municipal waste; wastes are collected separately with a view to their recovery; and wastes which, by their nature, their quantity or their homogeneity according

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to the best available techniques are eligible for re-use or for material recycling. VLAREMA, article 4.3.2 states that at least the following industrial wastes must be presented by the waste producer and kept separately segregated in the collection or collection: waste batteries and accumulators. Finally VLAREMA, Art. 5.2.7.3 states that the waste producer, collector, dealer or -maker of waste, or the notifier, listed in Regulation (EC) 1013/2006 of 14 June 2006 on shipments of waste, which processes waste batteries and accumulators or offered for the purpose of processing to a third party, the recycling targets must be reported in Article 3.4.5.2.

(ii) Brussels Region: Article 5 of the Decree of 18 April 2002 the Government of Brussels concerning waste landfill, bans the landfilling of waste batteries and industrial and automotive batteries, with the exception of residues that have been subjected to both treatment and recycling in accordance with the legislation in force. (iii) Walloon Region: The Order of the Walloon Government of 18 March 2004 prohibiting the placing to landfill of certain waste (hereinafter "AGW of 18 March 2004")212, prohibits the disposal to landfills of all types of waste batteries and accumulators. Bulgaria: Article 49(1) of the Regulation prohibits landfill disposal and/or incineration of waste batteries and accumulators or parts and materials thereof that could be recycled and/or recovered in another way. The entities sending automotive and/or industrial waste batteries and accumulators for disposal in landfills and/or incineration, as well as the entities placing waste batteries and accumulators in municipal waste containers are subject to property sanction between BGN 3 000 and BGN 10 000. Repeated violations are subject to double sanctions.

Cyprus: Measures to ensure non-disposal to landfill include: a. Industrial and automotive batteries and accumulators being prohibited in landfills; b. Lectures and awareness raising campaigns are held for the producers of this type of waste (especially for cadmium, mercury batteries/accumulators); c. Licensed facilities that collect, pack and export lead-acid batteries are taking them back for a price (so there’s a motive for non-disposal); and d. Licensed facilities for ELVs are obliged to collect separately the car batteries and pack and/or export them according to the Waste Shipment Regulation (1013/2006). These facilities are under constant inspection.

212 http://environnement.wallonie.be/legis/dechets/decen008.html

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The Czech Republic: The measures taken to prevent disposal to landfill are outlined in Section 31j(4) of the Waste Act, which states that batteries or accumulators may not be disposed of in landfills of any class.

Estonia: Collection rates and recycling targets are the main motivation not to dispose batteries and accumulators to landfill, but instead to collect and send them for recycling. Both are requirements of the Waste Act.

Finland: It is regulated by the Government Decree on batteries and accumulators (422/2008) in paragraph 10 which states that batteries or accumulators cannot be disposed of in landfill.

France: Disposal to landfill or incineration of all automobile and industrial waste batteries and accumulators waste is prohibited by the Ministerial Decree of November 9, 2009 amended on October 26, 2011. Controls on what is admitted to incineration and landfills are currently being developed in accordance with the regulation of Installations Classified for the Protection of the Environment. Germany: The elimination of vehicle and waste batteries by incineration or landfilling is prohibited (Article 14, para. 2 BattG). The economic operators, in which vehicle and waste batteries are incurred, each have to comply with a set of rules as outlined in the Battery Act (BattG) : Manufacturer - § 5 (1), section 8 (1), distributor - § 9 (3), public-law bodies - Section 13 (2), and electro-waste treatment facilities for end-of-life vehicles - Section 12 (4) in connection with Article 9 (3). In addition, the provisions of the Landfill Sites Directive (DepV) ensures213 that no industrial and automotive batteries are dumped. In this case the rules on the acceptance procedure are particularly pertinent (Section 8 DepV). When the waste is taken to landfill, the landfill operator before the first delivery takes place has to submit the basic characterisation of the waste and to check that the documents submitted are consistent with the information submitted in that basic characterisation. A visual inspection is carried out before and after the unloading by competent authorities and if it can be detected, for example, that industrial or automotive batteries were delivered with the rest of the waste the competent authority must immediately inform landfill operator. Other factors can also indicate that batteries should be steered towards recovery: a. The positive market value of the acid and lead drives the collection and recycling of lead-acid batteries; and b. For industrial batteries predominantly industrial, commercial or agricultural holdings are used (exceptions are the traction batteries for electric vehicles). Hungary: The legislation transposing the Directive into national law provides for the recycling of all automotive and industrial batteries and accumulators collected as well as

213 Landfill sites directive (DepV): regulation on landfills and long-term store of 27. April 2009, Federal Law Gazette I, p. 900. http://www.gesetze-im-internet.de/bundesrecht/depv_2009/gesamt.pdf

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waste batteries and portable accumulators identifiable on the basis of their chemical composition. Moreover, Section 21(3) of the Government Decree explicitly prohibits waste portable batteries and accumulators from being deposited in landfills or disposed of by thermal means, (except for residual waste generated during the application of the recycling procedure performed using the efficiency indicator under Annex 5). The National Waste Management Agency and the producer-funded not-for-profit organisations have organised public awareness-raising campaigns on the recovery and hazardousness of the relevant waste streams and issued educational and information material highlighting the need for environmentally aware behaviour. These waste streams are gathered in separate containers in sites which are easily accessible for economic operators and the public. Throughout Hungary companies operating in the sector have placed containers on the premises of all retailers distributing batteries and accumulators as well as all localities with more than 100 inhabitants. Ireland: In accordance with Article 16 (1) on and from 26 September 2008, any person shall be prohibited from disposing of waste industrial and automotive batteries in landfill or by incineration under the Irish Regulations. In accordance with Article 48 (2) of the Battery Regulations a person found guilty of an offence is liable on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months, or both or on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both. Final users can be businesses, schools, public bodies, institutions, industry, and the general public. All users (households and corporate organisations) have responsibilities under the Waste Management Act 1996 -2012 and Waste Collections Bye-laws. Batteries can be brought back to any outlet that sells batteries of a similar type. Household batteries such as AA, AAA and button cell batteries can be brought back to battery retailers. Car batteries can be brought back to car garages, and electric fence batteries can be brought to agri-stores. All battery types can be brought to a civic amenity site or special collection events. PROs also collect from businesses and schools. Italy: Article 14 of the Directive has been transposed by Article 12 of Legislative Decree No 188/2008, which prohibits the disposal in landfills or the incineration of waste industrial and automotive batteries and accumulators, except for residues of any batteries and accumulators that have undergone treatment and recycling using the best available methods in terms of health and environmental protection. Lithuania: In pursuance of the Law on Waste Management and of the Rules on the installation, operation, closure and after-care operation of landfills, the disposal in landfills or by incineration of waste industrial and automotive batteries and accumulators shall be prohibited. Only residues of batteries and accumulators that have undergone both treatment and recycling in facilities complying with the established requirements may be disposed of in landfills or by incineration.

Producers and importers of industrial batteries and accumulators must take-back waste industrial batteries and accumulators from end-users, regardless of their chemical

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composition and origin. Producers and/or importers of automotive batteries and accumulators ensure that the appropriate collection scheme is in place for waste automotive batteries and accumulators complying with the following requirements: waste automotive batteries and accumulators shall be collected separately without being mixed with other wastes; waste batteries and accumulators used in private non- commercial vehicles shall be collected from the users, in special collection points or by means of mobile collection, at a minimum free of charge and without establishing the duty for them to buy a new battery or accumulator. The specified collection points for waste automotive batteries and accumulators are set up in petrol stations, garage societies, and the territories or spaces of undertakings engaged in the maintenance and repair of vehicles and of undertakings selling or using batteries and accumulators.

Producers and/or importers of batteries and accumulators educate and provide information to the public concerning the management of waste batteries and accumulators – publish, in the press, on websites, stands, in special reports, sales documents and advertising materials, information on the labelling symbols for batteries and accumulators, the dangerous substances contained in batteries and accumulators and the risks they pose to public health and the environment, the importance of sorting waste at the place of its generation and recycling or another recovery with a view to protecting the environment and saving natural resources, and the available return, collection and recycling schemes and the possibilities of using them.

Waste battery and accumulator management targets have been set for producers and importers of batteries and accumulators; failure to achieve these will result in the payment of a tax on pollution with waste batteries and accumulators.

Luxembourg: The provisions of Article 14 of the Directive have been transposed into national law by Article 12 of the Act of December 19, 2008. In addition, all waste batteries and accumulators transported to treatment facilities abroad are subject to the procedures of Regulation 1013/2006/EC concerning the transfers of waste.

Malta: The disposal of waste batteries and accumulators is banned through national legislation (Regulation 11 of Legal Notice 55 of 2010). In addition, a number of inspections are carried out and if there would be any suspicion that such waste is present, the waste would be diverted to quarantine areas so that the necessary checks are carried out, prior to disposal to landfills. The Netherlands: Article 7 of the Regulation states that collected batteries and accumulators must be recycled as materials. In addition, Article 9(1) states that the symbol included in Annex II to the Directive applies to all batteries and accumulators. This prevents batteries and accumulators from being disposed of in landfills. Portugal: There are circuits suitable for the collection and transportation to licensed operators, ensuring recycling. In reporting years, there are no records of waste batteries and accumulators eliminated, which would include disposal in landfills.

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Romania: Article 10(1) of Government Decision No 1132/2008 prohibits the disposal of waste industrial and automotive batteries and accumulators in landfills or through incineration.

Slovakia: Pursuant to sect. 18(4) point p) of Act No. 223/2001 on waste, it is prohibited on the territory of the Slovak Republic to dispose of or recover waste batteries and accumulators with the exception of elimination of non-recoverable residues from waste batteries and accumulators that have undergone treatment and recycling. Landfill operator must not accept such waste, or else may be fined by a competent state administration authority for waste management up to the sum of €165,969.59 for violation of the provision of sect. 18(4) point. p).

Slovenia: The Decree on the management of batteries and accumulators and waste batteries and accumulators prohibits the disposal of waste industrial and automotive batteries and accumulators in landfill sites. Only residues from waste batteries and accumulators which have been processed and recycled in line with the Decree may be disposed of in landfill sites.

Moreover, the Decree on the landfill of waste (UL RS No 61/2011) prohibits, inter alia, the disposal of waste industrial and automotive batteries and accumulators, with the exception of residues from batteries and accumulators after they have been processed or recycled, provided that they meet the conditions for the disposal of non-hazardous waste. At landfill sites, it is also prohibited to dispose of any waste causing pollution which exceeds contamination parameter limit values or parameter limit values for non- hazardous or inert waste in accordance with Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ L 11 of 16.1.2003, p.27).

Only treated waste may be disposed of in landfills. Before disposing of waste in the body of a landfill site, landfill operators must ensure that all delivered waste is checked; this includes inspection of the waste records specified by the Decree and checking the identification of waste in terms of the category, quantity and characteristics mentioned in the documentation accompanying the consignments of delivered waste. Landfill operators must ensure the visual inspection of the identity of the waste upon reception of the waste and before definitive introduction into a landfill site in such a way that it can subsequently be removed from the body of the landfill site if unfit for disposal.

The Inspectorate for the Environment and Nature supervises landfills by carrying out announced and impromptu inspections. Physical and documentary checks are carried out on waste delivered to landfills and collection centres as well as the actual body of the landfill deposit. During inspections, inspectors pay particular attention to the fraction of waste prohibited on landfill sites (waste portable batteries and accumulators, used tyres, etc.).

Spain: The environmental authorities in the Autonomous Communities are responsible for overseeing and controlling landfills and secure storage areas located within their

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geographic area. They must therefore review the list of waste stored in landfills on a regular basis. In addition, certain Autonomous Communities have introduced additional measures, such as classifying and separating waste as they enter the landfills and ensuring that no waste batteries and accumulators are admitted (i.e. Madrid, Extremadura, Galicia, Cantabria, the Basque Country and Aragon among others).

Sweden: Disposal of batteries is illegal unless that’s done after processing and the material being disposed of can be sent to landfill legally. The disposal tax is 435 SEK/tonne.

The UK: Article 14 of the Directive has been transposed into regulation 56 (1) of the Waste Batteries Regulations which prohibits the disposal of waste industrial and automotive batteries by landfill or by incineration. Regulation 10 of the Waste Batteries (Scotland) Regulations 2009 prohibits the landfill of waste industrial and automotive batteries in Scotland. 3.9 Measures Taken to Minimise the Disposal of Batteries and Accumulators as Mixed Municipal Waste Question 6 (b): Have any measures that go beyond the provisions in Article 14 been taken to minimise the disposal of batteries and accumulators as mixed municipal waste? Article 14 requires Member States to prohibit the disposal of waste industrial and automotive batteries and accumulators in landfills or by incineration, unless residues of any batteries and accumulators have undergone both treatment and recycling in accordance with Article 12(1). However this specific questions enquires about any measures implemented by Member States that go beyond the provisions of the Directive, meaning that regardless of the Member State reply the obligations of the Directive are still being met. Member States replies are summarised below: Austria: In accordance with Article 13 of the Batteries Directive, end consumers of automotive batteries can return free of charge their waste batteries and accumulators to the final distributor of automotive batteries, to any recycling or collection schemes set up by manufacturers or to any collection points set up by municipalities or associations, all of which can withdraw these waste batteries and accumulators from the market. Article 15 of the Directive requires manufacturers to withdraw industrial batteries they put on the market regardless of the date of them being put into circulation and regardless of their origin or chemical composition.

Belgium: (i) Flemish Region: The provisions mentioned for question 6 (a) on the landfill and incineration ban also relate to portable batteries. Furthermore VLAREMA, article 4.3.1 states that “at least the following household wastes must be

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presented separate and kept separate from the collection or collection: hazardous waste originating from home.” VLAREMA, Art. 5.2.7.3 also states that the waste producer, collector, dealer or –maker of waste, or the notifier, listed in Regulation (EC) 1013/2006 of 14 June 2006 on shipments of waste, which processes waste batteries and accumulators or offered for the purpose of processing to a third party, the recycling targets must be reported in Article 3.4.5.2.

(ii) Brussels Region: This is outlined in the Ordinance of 14 June on waste and Regulation of 19 December 2008 whereby the removal of refuse collection is the legal regime.

(iii) Walloon Region: The AGW 18 March 2004 prohibits the dumping of all types of waste batteries and accumulators. Section 35 of the AGW September 23, 2010 prohibits the incineration of all types of waste batteries and accumulators.

Bulgaria: The Member State responded ‘no’ to this question.

Cyprus: Measures that go beyond the provisions in Article 14 include awareness raising campaigns which are organized from time to time for schools, community events and big organizations that produce this type of waste and informing the public and stakeholders about the provisions of the legislation, the danger to public health and safety and to the environment from the uncontrolled disposal, and the need to keep this type of waste separated from the rest.

The Czech Republic: The Member State responded ‘no’ to this question.

Estonia: The Member State responded ‘no’ to this question.

Finland: The Member State responded ‘no’ to this question.

France: In addition to the provisions implemented as part of Article 14 of the Directive in order to reduce the collection and treatment of waste batteries and automotive and industrial batteries with unsorted municipal waste, automotive and industrial battery users have dedicated collection systems available that are: a. For automotive batteries: Collection bins in the places of sale as distributors have an obligation to collect the same types of waste batteries as the ones they sell (Article R.543-129-1); and b. For industrial batteries: Recovery systems that have been set up (application of I. of Article R. 543-130 of the Environmental Code). These dedicated collection systems allow for the separate collection and appropriate recycling of waste automotive and industrial batteries.

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Germany: According to the Battery Act (11 BattG) the duty is imposed on the end-user of the batteries to make sure it is not disposed of with the unsorted municipal waste, but taken to a collection point to dispose of. Germany will continue to strengthen the commitment of the take-back systems of waste portable batteries, to increase the collection rates and to achieve the objectives of the Batteries Directive (§ 16 BattG: 35 % 2012 40 % 2014, and 45% from 2016), including the separate collection of waste portable batteries and the routing of unsorted municipal waste. All operators, must collected identifiable waste batteries according to the state of the art treatment and recycle, as far as technically possible and economically reasonable (section 14 para. 1 BattG). A further building block - in order to prevent end-users to dispose of batteries in unsorted municipal waste - is the deposit given back for vehicle batteries.

Hungary: The same provisions apply as reported for Question 6 (a).

Ireland: In addition to the measures outlined in Question 6 (a), Ireland carried out a survey on the recycling habits of Irish people with regard to batteries in 2011. Over 1,000 people took part in the survey in September 2011; 75% of respondents said that they recycled their household batteries. Nearly 90% of persons aged over 45 years recycled their batteries, however only 50% in the 18 to 24 age group recycled. 85% of respondents were aware that battery recycling was free in Ireland (86% of all 35-44 year olds and 92% of 45 years and over). However, 32% were not aware that they could bring their batteries back to their local retailer to have them recycled. 91% of people were aware that irresponsible disposal of batteries can have negative environmental consequences and 68% knew that batteries sold in Ireland contain hazardous substances. However 59% were not aware that the materials in batteries can be recovered, if recycled in the proper way. The survey also showed that the most common items that were associated with batteries in Ireland are household gadgets (63%) compared to toys (21%) and phones (16%). The two compliances schemes have developed comprehensive information and awareness campaigns which raises awareness of the Batteries Regulations and recycling options available to producers, distributors/retailers, consumers, schools and the general public.

Italy: It should be noted that the Italian management system for waste lead-acid industrial and automotive batteries and accumulators ensures that practically all such waste is collected and recycled. Therefore, it is not necessary to implement additional measures that go beyond the provisions in Article 14 of the Directive. Moreover, an agreement between the Ministry of the Environment, the Ministry of Transport and vehicle manufacturers has further improved waste collection by requiring the producers of automotive accumulators to collect the waste batteries themselves.

Lithuania: The disposal of waste batteries and accumulators in landfills is restricted not only by the prohibition established in Article 14 of the Directive but also by economic

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instruments and the obligation to educate and provide information to the public. Waste battery and accumulator management targets have been set for producers and importers of batteries and accumulators; failure to achieve these will result in the payment of a tax on pollution with waste batteries and accumulators.

Producers and/or importers of batteries and accumulators communicate through public information campaigns, the management of waste batteries and accumulators, the publication and distribution of special reports, the media and TV or radio programmes to the users of batteries and accumulators about: the dangerous substances contained in batteries and accumulators and a threat they pose to the environment and human health; the importance of the separate collection and recycling of waste batteries and accumulators with a view to protecting the environment and saving natural resources; the requirement to separately collect waste batteries and accumulators and not to discard them as mixed municipal waste; the available waste battery and accumulator collection, treatment and recycling schemes and the possibilities of using them; the users’ role in contributing to the recycling of waste batteries and accumulators; and the meaning of the labelling symbols for batteries and accumulators. Distributors of portable batteries and accumulators must inform users about the possibility of discarding waste portable batteries or accumulators at the point of sale free of charge. This information has to be provided in a written form at the sales point in a place clearly visible to users.

A waste holder has the duty to separate waste batteries and accumulators from other wastes and deliver them to the place of acceptance of that waste or hand over to the authorised facility for the management of such waste.

Luxembourg: The landfills of non-hazardous household waste in Luxembourg are equipped with a transit station and a pre-treatment mechanical - biological installation allowing for separating out industrial and automotive batteries and accumulators before disposal. In addition, in the framework of the Superdreckskëscht fir Betriber as, an action of the Department of Sustainable Development and Infrastructure, assistance is given to companies for the implementation of an ecological waste management including the separate collection of different waste streams and their transparency. The companies which comply with this requirement are granted a label of quality, certified according to ISO 14024. The companies that have joined this initiative on a voluntary basis represent more than half of the employment in Luxembourg. In addition to the measures described above, this allows for the monitoring of the source that batteries and accumulators are intended for in recycling sectors.

Malta: Several information campaigns have been carried out. In addition a number of collection points have been made available where portable batteries can be disposed of at all Local Council Offices or at a series of outlets in each locality. Automotive and industrial batteries can also be safely disposed of at any of five Civic Amenity Sites, and may also be returned to the suppliers of new batteries without any obligation for the end-user to buy a new battery or accumulator. In addition to this, the Batterina

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Campaign214 aims to raise awareness of batteries and accumulators as a potential source of environmental pollution and to encourage students and the general public to dispose of spent batteries and accumulators in an effective manner. In March 2009, WasteServ Malta Ltd initiated the ‘Battery Buster Campaign’. The campaign runs each scholastic year and so far four editions have been organised. This initiative is being promoted in schools through leaflets, in various retail outlets on the island and mainly through the use of the web. The Netherlands: Municipalities are obliged to collect batteries and accumulators separately as part of small chemical waste (SCW). This makes it easier for consumers to surrender batteries and accumulators. This is in addition to the collection structures of the producers and importers. Also, when mixed municipal waste is sorted, batteries are also removed. Portugal: The Member State responded ‘no’ to this question.

Romania: The measures taken under Article 8 of the Directive, for the separate collection of waste batteries and accumulators also contribute to reducing the disposal of such waste together with mixed municipal waste, so no additional measures have been taken.

Slovakia: The Member State responded ‘no’ to this question. Slovenia: In line with the Decree on the management of batteries and accumulators and waste batteries and accumulators, end-users must not release waste portable batteries and accumulators to the public service provider as mixed municipal waste.

In line with the Order on the management of separately collected fractions in the performance of urban waste management as a public service (UL RS No 21/01), in the context of the public service involving separate collection and classification, provision must be made at the sorting units for separating out batteries and accumulators containing hazardous substances.

No other such action has been taken.

Spain: No special measures going beyond the provisions of Article 14 of the Directive have been taken.

Sweden: The Member State responded ‘no’ to this question

The UK: The Member State responded ‘no’ to this question.

214 www.batterina.net

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Conclusion: The majority of Member States (25) have reported that they have adopted measures to prevent waste batteries and accumulators from being sent to landfill in 2010-2012, with 11 Member States also reporting that they are putting in place measures that would go over and above the provisions of Article 14. Doubts remain with regards to some of the countries (specifically Finland, Hungary, Luxembourg or Sweden), because of the lack of detail in their replies regarding the measures adopted or lack of information regarding the link between the existing measures and the obligations of the Directive. It is worth noting that despite Member States reporting that they have adopted a series of measures, this does not necessarily mean that these have been implemented on the ground. 3.10 Exports of Waste Batteries and Accumulators to Third Countries Question (7): How many collected waste batteries and accumulators have been exported to third countries? Please specify to which countries. And for how many of the exported waste batteries and accumulators has sound evidence been given that the recycling operations took place under conditions equivalent to the requirements of this Directive in line with Article 15? Article 15 refers to exports of batteries and accumulators outside the Member State or even outside the European Union for treatment and recycling. However the Commission has yet to develop what these provisions on equivalent conditions will be for Article 15 (3). The figures for the batteries and accumulators being exported to other EU Member States and third countries for 2010-2012 are summarised in Table 3.25. If a Member State has not submitted a rate in its reply to the Implementation Questionnaire, ‘No data available’ has been recorded in these tables. In contrast to most of the other questions in the Implementation Questionnaire, with regards to Question 7, just 12 Member States addressed all elements of the question in their replies and submitted sufficient detail on their exports of waste batteries and accumulators. These replies are summarised in detail below. Sweden noted in its reply that no waste batteries and accumulators were exported at all, which could potentially contradict the 30 tonnes of mercury it reported that it had exported to Germany, as noted in its reply to another question in the Implementation Questionnaire. It is also worth noting that the Commission was not notified on this export. Nine Member States were identified as providing either misleading replies or insufficient detail to determine if the Directive obligation has been met: Austria, indicated initially a tonnage figure for the amount of portable batteries that were exported for recovery. However, in a second stage of the process, it underlined

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that no waste batteries and accumulators were exported for recovery. Austria’s conflicting replies are therefore confusing. Belgium gave a vague reply on its batteries collection system and how these were exported in certain regions i.e. Flemish and Brussels, but gave no information on the Walloon region. The country also did not provide any quantitative figures on the number of exports as requested by the question, as well as any information on treatment conditions. Ireland’s reply did not give any quantitative figures either nor did it mention sound evidence on the recycling operations taking place in the countries it exported to. It also noted in its reply that waste batteries and accumulators are only exported for treatment within the EU, which contradicts data that was found on EUROSTAT that showed records of 446 tonnes of lead batteries being exported to South Korea in 2010. Luxembourg did not provide any tonnage figures or provide any evidence on the recycling operations abroad although it did note that all exports are subject to Regulation 1013/2006 on the shipment of waste.215 Cyprus, the Czech Republic216, Finland, Hungary and the Netherlands did not answer both parts of the question relating to (i) providing figures for the collected waste batteries and accumulators that were exported to other countries, including a list of these countries and (ii) providing evidence from these other countries to indicate that the waste batteries and accumulators had undergone proper recycling treatment as required by Article 15. Denmark, Greece, Latvia and Poland did not submit a reply to this question and no other source of information could be found. Table 3.25: Exports to EU Member States and/or Third Countries

Exports of Batteries and Accumulators from the Member State

Member 2010 2011 2012 State

Type and Type and Type and Amount of Amount of Amount of exports Destinatio exports Destinatio exports Destinatio (tonnes, n Country, (tonnes, n Country, (tonnes, n Country, unless if known unless if known unless if known otherwise otherwise otherwise indicated) indicated) indicated)

215 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on Shipments of Waste (OJ L 190/1 of 12.7.2006) 216 The Czech Republic noted that there were 0 exports in 2010 and 2011, but 38 tonnes of nickel and cadmium batteries and accumulators were exported to the USA in 2012.

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Exports of Batteries and Accumulators from the Member State

Member 2010 2011 2012 State

No data No data No data Austria217 None None None available available available No data No data No data No data No data No data Belgium available available available available available available No data No data No data Bulgaria None None None available available available No data No data No data No data No data No data Croatia available available available available available available 5,683 (lead- acid) Greece, Greece, 4,375 (lead- Greece, 640 Kg (Ni- France, 4,985 (lead- France, Cyprus acid) France, Cd) Bulgaria, acid) Bulgaria, Bulgaria 57.93 Kg Belgium Poland (portable)

Czech No data No data None None 38 (Ni-Cd) USA Republic available available

No data No data No data No data No data No data Denmark available available available available available available No data No data No data Estonia None None None available available available

No data No data No data No data 407 Germany, available available available available (portable) France, Finland 8,098 (car) Spain, 1,970 Sweden, (industrial) Estonia

217 Not provided exports to EU member states.

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Exports of Batteries and Accumulators from the Member State

Member 2010 2011 2012 State

Germany, Germany, Germany, 5,457 (all 4,385 (all 15,325 (all France Belgium, Belgium, Belgium, types) types) types) Spain, USA Spain Spain, UK Belgium Belgium 31,518 (lead Belgium 34,060 (lead France France acid) France acid) 29,977 (lead Sweden Poland 667 (Ni-Cd) Slovenia 754 (Ni-Cd) acid) Germany Slovenia Slovenia 172 (waste) Spain 1,174 484 (Ni-Cd) Spain Spain 1,035 Czech (waste) 1,015 (other) (other) Republic 1,695 (other) Czech Czech Republic Republic No data No data No data No data No data No data Greece available available available available available available No data Austria, No data Austria, No data Austria, available Bulgaria, available Bulgaria, available Bulgaria, Czech Czech Czech Republic, Republic, Republic, Hungary France, France, France, Poland, Poland, Poland, Romania, Romania, Romania, Slovenia Slovenia Slovenia No data UK, No data UK, No data UK, available Germany, available Germany, available Germany, Ireland Belgium, Belgium, Belgium, France, France, France, Spain Spain Spain Germany, Germany, Germany, 13,125 19,059 22,429 Spain, Spain, Spain, Italy (Mostly (Mostly (Mostly France, France, France, NiCd) NiCd) NiCd) Slovenia Slovenia Slovenia No data No data No data No data No data No data Latvia available available available available available available

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Exports of Batteries and Accumulators from the Member State

Member 2010 2011 2012 State

No data No data No data Lithuania218 None None None available available available Germany, Germany, Germany, All Waste All Waste All Waste Luxembourg France, France, France, Batteries Batteries Batteries Belgium Belgium Belgium South South South 190,819 (all Korea, 190,819 (all Korea, 183,145 (all Korea, Malta219 types) Belgium, types) Belgium, types) Belgium, Austria Austria Austria No data Belgium, No data Belgium, No data Belgium, available Bulgaria, available Bulgaria, available Bulgaria, Germany, Germany, Germany, Netherlands France, France, France, Spain, Spain, Spain, Sweden, Sweden, Sweden, Switzerland Switzerland Switzerland No data No data No data No data No data No data Poland available available available available available available No data No data No data Portugal EU EU EU available available available No data No data No data Romania220 None None None available available available No data No data No data No data Slovakia221 None None available available available available

218 No data on exports to EU member states. 219 The reported figures for 2010 and 2011 were calculated using data between 09/2008 and 09/2012. The 2012 figure was calculated using data from 09/2012 to 12/2012 220 Does not specify exports to EU member states. 221 Does not specify exports to EU member states.

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Exports of Batteries and Accumulators from the Member State

Member 2010 2011 2012 State

19,573 43,303 (NiCd No data (NiCd Austria, Industrial) Austria, available Austria, Slovenia Industrial) Germany, 126,023 Germany, Germany 23 (NiCd France (NiCd France France Household) Household) No data No data No data No data Spain222 None None available available available available No data No data No data Sweden None None None available available available No data No data EU No data No data 34,423 available available available available (Lead) EU 650 (NiCd) United 14 (Lithium) Kingdom Canada

Member States replies are summarised below: Austria: No waste batteries and accumulators were exported to third countries. Belgium: (i) Flemish and Brussels Regions: The batteries collected by BEBAT were not exported to third countries. For batteries which are directly collected by businesses or collectors (i.e. outside the BEBAT system), there are no notifications made to OVAM, the Public Waste Agency of Flanders, when there are waste exports to third countries. (ii) Walloon Region:

222 Does not specify exports to EU member states.

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From 2009 to 2012, no exports of waste batteries and accumulators from Wallonia were identified. Bulgaria: No waste batteries or accumulators have been exported to third countries from Bulgaria.

Cyprus: No batteries are exported to third countries. All batteries (portable, lead-acid, and nickel-cadmium) were exported to licensed facilities in other Member States according to EU Regulation 1013/2006/EC using prior Notification procedure.

Exports of Portable batteries: 2011 - 57,934 kg to Belgium.

Exports of lead-acid batteries: a. 2009 – 2,230 tonnes (2,230 tonnes of which went to Greece). b. 2010- 4,375 tonnes (3,719,373 kg went to Greece, 348,760 Kg to France and 307,207 kg to Bulgaria). c. 2011- 5,683 tonnes (3,530,320 kg went to Greece, 352,440 kg to France and 180,010 kg to Bulgaria). d. 2012- 4,985 tonnes ( 2,373,345 kg went to Greece, 1,959,300 kg to Bulgaria, 547,600 kg to France and 105,000 kg to Poland. e. Export of Nickel-Cadmium batteries: 2011 - 640 kg to France. The Czech Republic: No waste batteries and accumulators were exported to third countries in 2009-2011. In 2012 38 tonnes of nickel-cadmium batteries and accumulators (handling code R4) were exported to the USA.223 Estonia: None. Finland: The amount of collected waste batteries and accumulators that have been exported are: a. Portable batteries:407 tonnes to Germany, France and Spain; b. Car batteries: 8,098 tonnes to Sweden, Estonia and Germany; and c. Industrial batteries: 1,970 tonnes to Sweden and Estonia. France: The quantities of waste batteries and accumulators exported for processing are shown in Table 3.26. Table 3.26: Exports from France of Waste Batteries and Accumulators, 2009-2012

2009 2010 2011 2012

Quantities 5,469 tonnes 5,457 tonnes 4,385 tonnes 15,325 tonnes exported

223 Source: NITAR and ISOH.

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2009 2010 2011 2012

Germany, Germany, Germany, Export Germany, Belgium, Spain, Belgium, Spain, Belgium, Spain, destinations Belgium, Spain Ireland USA UK

French law, through Article 2 of the Ministerial Decree of November 9, 2009 amended provides that waste batteries and accumulators can be exported for processing provided that such transfer is made in accordance with Regulation (EC) No 1013/2006 of 14 June 2006 on shipments of waste and that the recycling facility abroad meets the requirements for treatment as outlined in the Directive. Given that this decree also transposes the processing and performance requirements specified in Annex III to the Directive, when considering applications for cross-border transfers, the French authorities examine the submitted documents that prove that foreign recycling will be carried out in line with the conditions and requirements of the Directive. Germany: According to the provisions of the EC Waste Shipment Regulation 1013/2006, hazardous waste, including lead acid, nickel cadmium and mercury-containing waste batteries, for the purposes of recovery can only be exported to countries, in which the OECD Council Decision C(2001)107/Final applies. The export of hazardous waste for disposal from the EU can only be to EFTA countries which are also Parties to the Basel Convention, which limits the scope for exports of waste batteries to third countries. Exports of waste batteries from Germany have therefore only been to EU Member states as outlined in Table 3.27. The disposal conditions for the listed waste batteries has been "R4 recovery of metals/metal compounds”. Table 3.27: Exports from Germany of Waste Batteries and Accumulators, 2008-2012

Type of waste according to the Importing Quantity Quantity Quantity Quantity Quantity European Waste Country (t) 2008 (t) 2009 (t) 2010 (t) 2011 (t) 2012 Catalogue

Belgium 5,763 5,838 12,534 14,101 10,243 No data No data No data France 41 25 available available available No data No data No data No data Poland 930 available available available available 160601 * No data No data No data Sweden 1,518 21 Lead Acid Batteries available available available No data No data No data No data Switzerland 445 available available available available Slovenia 813 2,285 1,389 1,177 1,460 Spain 621 1,590 4,561 2,278

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Type of waste according to the Importing Quantity Quantity Quantity Quantity Quantity European Waste Country (t) 2008 (t) 2009 (t) 2010 (t) 2011 (t) 2012 Catalogue

Czech Republic 9,795 8,065 16,005 14,200 15,041

160602 * Nickel-cadmium France 755 814 667 754 484 batteries

200133 * Batteries and France 581 241 172 1,174 0 accumulators from municipal waste

Total 20,332 17,243 32,357 35,988 30,461 Source: Federal Environment Agency: Waste statistics, cross-border movement of waste requiring approval - data collection after the Export224

Regarding exports of waste batteries of other chemical systems, i.e. other than lead and nickel-cadmium batteries, the data is outlined in Table 3.28. Table 3.28: Exports from Germany of Waste Batteries and Accumulators Other than Lead or Nickel-Cadmium, 2009-2012

Chemical System/ Earth 2009 in Earth 2010 in Earth 2011 in Earth 2012 in Importing Type tonnes tonnes tonnes tonnes Country Zinc/Aluminium- No data Manganese/ 893 675 1,598 931 available Zinc-air No data No data Mixed batteries 329 75 2010: France available available

2242008: http://www.umweltbundesamt.de/abfallwirtschaft/abfallstatistik/dokumente/UStatGExport2008. pdf, 2009: http://www.umweltbundesamt.de/abfallwirtschaft/abfallstatistik/dokumente/UStatGExport20 09.pdf 2010: http://www.umweltbundesamt.de/abfallwirtschaft/abfallstatistik/dokumente/UStatGExport 2010.pdf, 2011: http://www.umweltbundesamt.de/abfallwirtschaft/abfallstatistik/dokumente/UStatGExp ort2011.pdf 2012: Federal Environment Agency Time series: type of waste according to the EC- Abfallstatistikverordnung no 8.41 "batteries and accumulators",, http://www.umweltbundesamt.de/abfallwirtschaft/abfallstatistik/dokumente/ZeitreiheEx portAbfallarten.pdf state June 2012.

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Chemical System/ Earth 2009 in Earth 2010 in Earth 2011 in Earth 2012 in Importing Type tonnes tonnes tonnes tonnes Country No data No data Lithium-Primary 8 1 7 available available No data No data No data Button Cells 1 8 available available available No data Lithium-ion 279 50.1 52 2012: Belgium available No data Ni-MH 4 32 32 2012: France available Total 1,230 1,035 1,695.1 1,015

Source: Success inspection reports of take-back systems for waste portable batteries for each year

The data in the table provide no evidence that batteries between 2009 and 2012 were exported outside the EU for treatment. However it should be noted that the target countries of battery exports were only partially named by the collection schemes. Hungary: Waste batteries and accumulators collected in Hungary are processed solely in recovery plants operating in the EU Member States, as follows: a. Industrial and automotive accumulators: Austria, Bulgaria, the Czech Republic, France, Poland, Romania and Slovenia; and b. Batteries and portable accumulators: Germany. Ireland: Waste Batteries and accumulators have been exported to the following countries only: the UK, Germany, Belgium, France and Spain. Lead batteries, Nickel- Cadmium batteries, mercury containing batteries and unsorted batteries are classified as hazardous waste under European Waste Catalogue and Hazardous Waste List. Therefore when transporting these battery types within Ireland a Waste Transfer Form (WTF) is required in accordance with the European Communities (Shipment of Hazardous Waste exclusively within Ireland) Regulations, 2011 (S.I. No. 324). The Regulations are concerned with the collection, transport and transfer of hazardous waste exclusively within the State and set out the duties and responsibilities of producers, consignors, carriers, collectors, holders and consignees. A WTF is an identification document that must accompany the consignment. A consignee shall only accept a consignment of hazardous waste which is accompanied by a WTF. When transporting these battery types outside of Ireland a Transfrontier Shipment Document (TFS) must accompany the consignment in accordance with the Waste Management (Shipments of Waste) Regulations, 2007 S.I. No. 419 (which gives effect to Regulation (EC) No. 1013/2006 under Irish Legislation). The overall objective of these Regulations is to implement measures for the supervision and control of shipments of waste in order to ensure that movement, recovery or disposal of waste is managed in an environmentally sound manner.

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Italy: The total amounts of exported waste batteries and accumulators are as follows: a. For 2009: 10,458.94 tonnes; b. For 2010: 13,124.84 tonnes; c. For 2011: 19,058.54 tonnes; and d. For 2012: 22,428.69 tonnes. These amounts were exported within the European Community only, specifically to Germany, Spain, France and Slovenia. Therefore, treatment is considered to have been carried out in accordance with the standards of Directive 2006/66/EC. Waste Nickel-Cadmium batteries and accumulators are the main export, owing to a lack of appropriate recycling facilities in Italy. Conversely, waste lead-acid batteries and accumulators are treated almost exclusively in Italy. Batteries in the category ‘other waste batteries and accumulators’ are also mostly recycled in facilities abroad (around 2,600 tonnes compared to the 460 tonnes treated in Italy in 2012).

Lithuania: In 2009-2011 no waste batteries and accumulators were exported to third countries.

Luxembourg: All waste batteries and accumulators have been exported as Luxembourg does not have any domestic processing plants for this category of waste. The countries of destination have been : a. Lead-acid batteries and accumulators: Germany b. Portable batteries and accumulators: France and Belgium c. Nickel-Cadmium batteries and accumulators: France

Given that the Luxembourg does not have any domestic facilities for treatment, all waste batteries and accumulators collected have been transferred to the duly authorized processing centres for recycling. The recycling rate of minima have always been achieved. In addition, all waste batteries and accumulators transported to treatment facilities abroad are subject to the procedures of Regulation 1013/2006/EC concerning the transfers of waste.

The approved body must prove compliance with the recycling rate of all its recipients in the framework of its annual report, which is forwarded to the Administration of the Environment for the 30 April. Any new recipient for the treatment of these wastes is subject to the prior agreement of the Administration of the Environment. The rate of recycling is for the approved body to establish which producer intends to put in place a system of individual recovery.

Malta: Malta has exported Lead-Acid Waste Batteries and Accumulators (16 06 01*) for recycling to non-EU countries pursuant to Article 4 (as per written notification procedure) of the Shipments of Waste Regulation 1013/2006/EC. Signed certificates from the receiving facility are in turn produced in accordance with Article 16(e) of the same Regulations.

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The amounts sent were as follows: a. 26 September 2008 to 26 September 2012 – 190.819 tonnes; and b. 27 September 2012 to 31 December 2012 – 183.145 tonnes. The Netherlands: All batteries and accumulators collected in the Netherlands are sent for treatment to other EU countries. Specifically, these are Belgium, Bulgaria, Germany, France, Spain, Sweden and Switzerland. During transfer the competent authorities check whether the licence of the receiving installation is compliant. This is accepted as being adequate. Portugal: In the reporting years, no movements were registered to third countries, the only transfers registered have been to other Member States.

Romania: No waste batteries and accumulators have been exported to third countries.

Slovakia: In the relevant years 2009-2011, there were no exports of waste batteries and accumulators to third countries. Slovenia: On the basis of the data available to us, none of the waste batteries or accumulators collected in the years 2009, 2010 and 2011 have been processed in third countries. Slovenia has sent spent batteries and accumulators for processing in Austria, Germany and France in the quantities outlined in Table 3.29.

Table 3.29: Exports from Slovenia of Waste Batteries and Accumulators, 2009-2011

2009 2010 2011

16 06 02 * 31.3 tonnes 19.573 tonnes 43.303 tonnes

20 01 33 * 35.58 tonnes 23.05 tonnes 126.023 tonnes

No data for 2012 will be available until December 2013.

Spain: During 2010 and 2011 no waste batteries and accumulators were exported to third (non-EU) countries. The only movements of this type of waste were to countries within the European Union. Data on movement of waste in 2012 had not yet been compiled at the point at which this report was being drafted.

Sweden: None.

The UK: In 2011, 35,087.83 tonnes of batteries were exported, 34,423.26 tonnes were lead acid exported to the EU, 650.353 tonnes were Nickel-Cadmium exported to the EU and 14.22 tonnes were lithium exported to Canada.

As part of the application process, each exporter must provide a copy of the permit for the overseas re-processor and any downstream sites that reprocess the battery or

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battery components. The Environment Agency also assess the treatment process and the recovery levels. They also check the companies comply with other waste legislation.

Schedule 4 of the Waste Batteries Regulations 2009 lays down the requirements which must be met by Approved Battery Exporters. As part of the approval process for the export batteries the exporter must provide a list of all the sites to which it intends to export. The exporter must also demonstrate that each site to which it exports uses BAT, complies with Community legislation on health and safety and waste management, and meets the same minimum requirements regarding the treatment and storage of waste batteries that apply with the UK.

The tables below summarise information relating to these exports. Table 3.30 is for portable batteries that could not be recycled in the UK. Table 3.30: Exports from the UK of Portable Waste Batteries and Accumulators Nickel- Portable batteries Lead-acid Other Total Cadmium Approved Battery Total Accepted for 630.739 0 2.468 633.207 Exporters (ABE) Export for Treatment Approved Battery Total Delivered to Treatment 556.716 228.971 1,915.762 2,465.719 Exporter Operators (ABTO) Total Accepted to be Exported for ABTO - non-lead- Treatment and 0 0.113 4.04 4.153 acid Recovery by the End of the Following Year TOTAL: 1,187.455 229.084 1,922.27 3,103.079

Table 3.31 is for industrial and automotive batteries. The first section is the quantity accepted by ABEs for export. The second section is the quantity of batteries delivered to ABEs for export and the non-lead-acid batteries that would need to be exported.

Table 3.31: Exports from the UK of Automotive Waste Batteries and Accumulators, 2011 ABE Annual Automotive 2011 Annual Industrial 2011

Nickel- Nickel- Lead-acid Other Total Lead-acid Other Total Cadmium Cadmium

32867.317 0 0 32867.317 1605.765 303.84 42.11 1951.715

ABTO Annual Automotive 2011 Annual Industrial 2011

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Nickel- Nickel- Lead-Acid Other Total Lead-acid Other Total: Cadmium Cadmium

5,117.000 298.436 84.000 5,499.436 23,796.000 0.000 0.000 23,796.000

Conclusion: From the 12 Member States that submitted replies on their exports of waste batteries and accumulators for 2010-2012, very few (France and the UK) have reported that they export these waste batteries and accumulators to third countries (i.e. non-EU Member States). It has been reported however that there is significant movement of waste batteries and accumulators between Member States and that is not always captured comprehensively in the Implementation Questionnaire as it currently stands. As expected those Member States that did not have any treatment or recycling facilities domestically are those which reported that they export all of their collected batteries and accumulators such as Cyprus and Hungary. However a number of Member States with treatment facilities domestically have also been reporting that they are exporting their waste batteries and accumulators for treatment elsewhere in the EU. It is also worth noting that Sweden noted in its reply to this question that no waste batteries and accumulators were exported at all, which could potentially contradict the 30 tonnes of mercury it reported that it had exported to Germany, as noted in its reply to another question in the Implementation Questionnaire. It is also worth noting that the Commission was not notified on this export. 3.11 Measures Taken to Ensure that Producers are Responsible for Financing Question (8) (a): What measures have been taken to ensure that the collection, treatment and recycling of all waste batteries and accumulators is financed by producers or third countries acting on their behalf? Article 16, the relevant article for this question, deals with Financing. Article 16 (1) requires Member States to ensure producers, or third parties acting on their behalf, finance any net costs arising from the collection, treatment and recycling of all a) waste portable batteries and accumulators collected in accordance with Article 8(1) and (2); and b) waste industrial and automotive batteries and accumulators collected in accordance with Articles 8(3) and (4). The Article applies to all waste batteries and accumulators irrespective of the date of their placing on the market. All 23 reporting Member States submitted information on the measures in place regarding financing the collection, treatment and recycling of waste batteries and accumulators. This includes Finland, which despite its vague reply to the question in the Implementation Questionnaire, when considering the Finnish Waste Act 646/2022, paragraph 65, the country was found to have measures in place to ensure that financing takes place by producers. The detailed replies are summarised below.

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In addition Greece, did not to submit a reply to the Implementation Questionnaire for 2010-2012 but when considering its Joint Ministerial Decision 41624/2057/E103 it did outline the measures it has in place regarding financing which indicated that the Directive obligation was being met. One of the 23 Member States was Slovenia, which noted that its manufacturers of portable batteries and accumulators which place products on the market for the first time must make provisions at their own expense for the collection of waste portable batteries and accumulators from end-users, distributors and public service operators, as well as for their processing and recycling. This includes manufacturers of industrial or automotive batteries and accumulators. Denmark, Latvia and Poland did not submit a reply to this question and no other source of information could be found. Member States replies are summarised below: Austria: Manufacturers of portable batteries and accumulators have a duty to take-back waste batteries and accumulators from final consumers, free of charge. To this end, they are required to participate in a collection and recovery system (see Articles 10 and 11 of the Batteries Ordinance). The same applies to automotive batteries (Article 12). Article 15 of the Directive requires manufacturers to withdraw industrial batteries they put on the market regardless of the date of them being put into circulation and regardless of their origin or chemical composition. Final consumers, according to Article 8, paragraph 5, may agree on the financing.

Belgium:

(i) Flemish Region: The following legal provisions outline financing for collection, treatment and disposal:

- VLAREMA art. 3.4.5.1 states that for waste batteries and accumulators the extended producer responsibility is completed through the acceptance obligation mentioned in section 3.2. The duty of acceptance shall apply from 1 June 1998. - VLAREMA art. 3.2.1.1, item 5 states that each producer is responsible for financing his acceptance obligation. The producer can choose to fulfil these funding obligations between collective and individual arrangements. - VLAREMA Article 3.4.5.3. states that the producers of batteries and accumulators are responsible for financing the collection and processing of waste of all batteries and accumulators, regardless of when they are placed on the market. The producers of batteries and accumulators must also bear the costs of public information campaigns on prevention, collection, treatment and recycling of waste portable batteries and accumulators.

As the law is applied in practice, the cost of recycling is also included. To clarify this more explicitly in the legislation, VLAREMA, Art. 3.4.5.3 has been revised (currently awaiting approval) to state that “The producers of batteries and accumulators are responsible for

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financing the collection, treatment and recycling of waste of all batteries and accumulators, regardless of when they are placed on the market. The producers of batteries and accumulators must also bear the costs of public information campaigns on prevention, collection, treatment and recycling of waste portable batteries and accumulators."

(ii) Brussels Region:

BEBAT is funded by a contribution collection and recycling revenue in the amount set by the King (Royal Decree amending the Royal Decree of 16 April 1996 fixing the amount of the contribution collection and recycling of batteries within green taxes). The amount of this fee is set at € 0.1239 per stack. This mode of funding is expected to change following the repeal of the eco-tax legislation through the program law of 27 December 2012.

Bulgaria: The Regulation provides for the possibility for individual or collective implementation of the requirements for separate collection and recycling of waste batteries and accumulators by the entities placing batteries and accumulators on the market. The collective system is represented by an organisation for recovery of waste batteries and accumulators. The entities fulfilling their obligations individually cover the costs for the activities related to treatment and transportation of waste batteries and accumulators and for achieving the objectives on separate collection and recycling, as well as the costs for accepting waste batteries and accumulators at the point of sale or other appropriate location. The organisation for recovery is financed by the contributions paid by the entities placing batteries and accumulators on the market who are its members. The amount of contributions depends on the quantity of batteries and accumulators placed on the market by the entity that is a member of this organisation.

Cyprus: The Regulation has provisions adapting the producer's responsibility principle. The Producers which in the case of Cyprus, are companies that import batteries to the Republic, have the responsibility of recovering and recycling the batteries. Responsible for the treatment of batteries in the market are both companies which import batteries for use in various devices and companies which import devices with embedded batteries (rechargeable or disposable). Regarding this obligation, the companies may either organize individual Compliance Systems or organize and participate in Collective Compliance Systems. Based on the practice of other European countries, a large number of companies in Cyprus have already contracted and created the non-profit organization ‘A.F.I.S Cyprus Ltd’ in order to set up the first Collective Compliance System for the management of households batteries in Cyprus. The system was approved by the Minister in 2009 and has been operational since then for the management of portable batteries (up to 2,000 grams). The terms included in the permit issued ensure that the management of waste batteries/accumulators is financed by the producers. Also, the competent authority is in the process of establishing procedures to monitor the financing responsibility of the producers at the point of imports (i.e. ports) of the product in the country. Producers of automotive batteries do not need to finance the

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management as these type of batteries are already being collected and exported by licensed recyclers when they become waste due to their commercial value.

The Czech Republic: Section 31g(1)(a) of the Waste Act states that manufacturers of portable batteries and accumulators shall be obliged to ensure the take-back of portable batteries and accumulators from end users at their own expense, regardless of the brand name, regardless of the date on which they were placed on the market and without imposing any obligation to purchase new batteries or accumulators. Further measures taken to ensure that collection, treatment and recycling of waste batteries and accumulators is financed by producers or third parties acting on their behalf are outlined in Sections 31h(1) and 31i(1) of the Waste Act.

Estonia: It is required by the Waste Act that producers or third parties acting on their behalf are responsible for collection and further treatment of waste batteries and they have to cover all the costs arising and to have financial guarantee. No additional measures have been introduced in this regard.

Finland: It is regulated by Waste Act 646/2011, paragraph 46 which discusses producer responsibility and outlines that producers are responsible for waste management for products brought to the market, including covering associated costs.

France: Producers are responsible for funding the collection, treatment and recycling of waste batteries and accumulators through the bond collection and processing systems. Two exceptions to this are provided in the Directive and are also included in national law and concern only the professional users of batteries or automotive and industrial batteries. These professional users may through an agreement with the producer take over the technical and financial responsibilities for the management of Waste batteries and accumulators as outlined in Articles R.543-129-3 of the Environmental Code for the automotive category and Articles 543-130 Paragraph IV for the industrial category.

Germany: The manufacturer finances the collection, treatment and recycling of waste batteries, as set out in the rules of paragraphs 5 to 7 of the BattG for portable batteries or of paragraphs 5 and 8 of the BattG for industrial and automotive batteries. These ensure that: a. In the area of portable batteries waste collection and recycling, financing of the take-back scheme is done by comparing the costs in proportion to the shares of the annual turnover, as measured by the mass of the batteries and broken down by chemical systems and type, divided by the individual manufacturer and the corresponding amounts recovered from them. b. In the vehicle and waste batteries producers need to organise and finance the recycling of waste batteries, but they must be returned to them by the distributors.

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c. The distributors can charge costs, since they will have to take-back used batteries. Vehicle or industrial batteries can also exploit distributors, where applicable, which can lead to costs or proceeds. d. The manufacturers are obliged to participate in the market by registering in the Federal Environment Agency (Batteries -register data) display. The Register shall include information on the perception of the product stewardship for waste batteries and accumulators. e. Any breach of the addressees of the relevant regulations of the BattG against certain obligations (e.g. obligation, take-back obligation, recovery and disposal- duty), can become an administrative offense which will lead to a fine. Hungary: The measures are listed exhaustively in legislation, in Government Decree No 445/2012 of 29 December 2012 and in accordance with legislation previously in force in the case of batteries and portable accumulators, and through the introduction of the product charge as an economic regulatory instrument in the case of automotive and industrial accumulators. Ireland: According to Article 25, on and from 26 September 2008: (a) End-users of waste: o portable batteries; and o automotive batteries from private or, as appropriate, non-commercial vehicles shall be entitled to deposit such waste at civic amenity facilities free of charge.

(b) each producer of: o portable batteries shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste portable batteries from collection points and civic amenity facilities situated in the functional area of each local authority; o automotive batteries shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste automotive batteries arising from private or, as appropriate, non-commercial vehicles from collection points and civic amenity facilities situated in the functional area of each local authority; o automotive batteries from vehicles other than private or, as appropriate, non-commercial vehicles shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste automotive batteries from vehicles other than private or, as appropriate, non-

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commercial vehicles from collection points situated in the functional area of each local authority or, as appropriate; and o industrial batteries shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection of waste industrial batteries regardless of their chemical composition, or as appropriate, origin from collection points situated in the functional area of each local authority.

(c) each local authority may: a. designate any: i. workplace or educational establishment, or ii. place owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, and b. allow waste batteries that have been collected at a number of collection points to be bulked at one such collection point, subject to the agreement of the operators of the collection points concerned, and where appropriate, an obligated producer, or as appropriate, approved body established in accordance with the provisions of Part V.

Article 27 of the Regulations specifically places obligations on any producer; an end user of industrial or automotive batteries availing of alternative financing arrangements; and authorised waste collector or person who becomes obliged under other Articles of the Regulations. The obligation is to ensure from September 2009 that their waste batteries are treated and recycled as required under the terms of Part A of Annex III to the Directive.

Article 28 of the Regulations specifically places obligations on any producer; an end user of industrial or automotive batteries availing of alternative financing arrangements; authorised waste collector or person who becomes obliged under other Articles of the Regulations. The obligation is to ensure from September 2011 that recycling processes for their batteries meet, as a minimum, the recycling efficiencies set out in Part B of Annex III to the Directive.

Italy: Article 17(1) of Legislative Decree No 188/2008 states that the collection, treatment and recycling of waste batteries and accumulators shall be financed by the producers or third parties acting on their behalf. In addition, the Legislative Decree provides for the establishment of the national register of parties required to finance the management of waste batteries and accumulators.

Lithuania: In accordance with the Law on Pollution Tax, all producers and importers of batteries and accumulators shall keep the accounting of placing on the Lithuanian

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market and annually deliver to the State Tax Inspectorate a declaration on the pollution tax for polluting the environment with the waste of taxable goods. Producers and importers are exempted from the pollution tax for polluting the environment with waste batteries and accumulators with respect to the amount which is proportionate to the share of the implemented set target for the recycling of waste batteries and accumulators. In order to receive this exemption producers and importers shall submit documents evidencing the recycled amount of this waste.

In accordance with the Law on Waste Management, producers and importers of batteries and accumulators shall have the duty to finance the costs of collecting, shipping, preparing for use and using waste batteries and accumulators, and also organising and providing information to the public. They may discharge this duty either collectively (by setting up the Organisation and/or becoming its members) or individually.

In order to obtain a licence for the organisation of the management of waste batteries and accumulators, in addition to other documents, the Organisation shall submit a bank guarantee or insurance certificate as evidence that the management of all waste batteries and accumulators will be financed. It can generate this insurance certificate within three months of using the batteries and accumulators placed on the Lithuanian internal market for business purposes by the Organisation’s participants and the producers and importers having entrusted the organisation of the management of waste batteries and accumulators to it.

Luxembourg: The provisions of Article 16 of the Directive have been transposed into National Law by Article 14 of the Act of December 19, 2008. In the framework of its recording, the producer must indicate how it assumes its responsibilities toward the Act. For producers who opt for an individual system, the respect of its responsibilities are to prove implementation through a detailed annual report. For producers who opt for the collective system, they pay an amount to the approved organization in respect to the number of batteries and accumulators placed in the Luxembourg market. Through this contribution the approved organization funds the collection of waste batteries and accumulators, as well as education campaigns.

Malta: Malta has enacted Regulation 13 of the Waste Management (Waste Batteries and Accumulators) Regulations, 2010 (LN55/10). This stipulates that producers or third parties acting on their behalf shall finance any net costs arising from the collection, treatment and recycling of all waste portable batteries and accumulators and double charging shall be avoided. Furthermore the costs shall not be passed on to end users. The Netherlands: Article 11 states that the producer is responsible for financing. A producer may only market batteries and accumulators if it has a notice of approval as described in Article 2 of the Decree. In order to receive a notice of approval it must also be evident how financing will be settled.

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Portugal: The Extended Producer Responsibility is implemented through financial compensation, paid by producers who belong to the collective schemes thus financing collection until treatment and recycling of waste batteries and accumulators, including Research & Development and Awareness & Communication actions. Slovakia: The Slovak Republic has not yet implemented extended producer responsibility for batteries and accumulators. Extended producer responsibility for this area will apply from October 1, 2013, the date when the new Act on Waste enters into force. Currently, under the applicable Act No. 223/2001 the waste producer and importer of batteries and accumulators must pay a contribution to the Recycling Fund for the amount of batteries placed on the market in that year. If the producer demonstrates treatment and recycling of waste batteries and accumulators, the Recycling Fund will reimburse the amount equal to the proved amount of recycled waste batteries and accumulators. The funds accumulated in the Recycling Fund are subsequently used to promote separate collection and treatment of waste, including recycling of waste batteries and accumulators. Slovenia: Manufacturers of portable batteries and accumulators placed on the market for the first time in the Republic of Slovenia, must make provision – at their own expense – for the collection of waste portable batteries and accumulators from end-users, distributors and public service operators, and also their processing and recycling. This obligation may be fulfilled independently or under a joint waste management plan.

Manufacturers of industrial or automotive batteries and accumulators placed on the market for the first time in the Republic of Slovenia, must make provision – at their own expense – for the collection of waste industrial and automotive batteries and accumulators from end-users, and also their processing and recycling. This obligation may be fulfilled independently or under a joint waste management plan.

The Inspectorate for the Environment and Nature monitors the parties concerned in line with annual work plans and/or the treatment of applications received. Inspections are carried out in the form of regular checks (planned checks and coordinated monitoring campaigns) or as extraordinary checks as a result of applications received. Inspections are carried out with a view to ascertain that the parties concerned are acting properly in accordance with the regulations and with the environmental permit(s) they have been issued.

Spain: Financing measures applying to producers of batteries and accumulators are described in detail in Royal Decree 106/2008. Under this instrument, Management Systems have been set up in Spain for the collection and treatment of this type of waste. In the case of portable and industrial batteries and accumulators, four Integrated Management Systems have been set up in Spain. In each of these, participating producers must make a payment to cover the quantity of batteries and accumulators which they place on the market. The corresponding annual audits on the bodies managing these Systems and evidence of their sound financial status provided to the competent authorities in the Autonomous Communities, as laid down in the Royal

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Decree, are the guarantee that these payments are being made. In the case of automotive batteries and accumulators a variety of Individual Management Systems have been set up, following an agreement reached between parties operating within the automobile sector to carry out collections together. These Systems are also subject to an annual audit in accordance with the provisions of the Royal Decree.

Sweden: Supervision and enforcement takes place according to the Ordinance on batteries which requires producers to register on Batteriregistret or risk an environmental fee, ensure that all batteries, accumulators and battery packs put on the market are properly labelled and the heavy metals are clearly marked, and prohibits cadmium except in certain cases, and the Ordinance on Enforcement according to the Environmental Code which addresses financing.

The UK: Portable Batteries: Implemented by Parts 2, 3 and 4 of the Waste Batteries Regulations 2009 which implement the requirement in Article 16 (1) in relation to producers of portable batteries. In particular, Regulation 7 requires every producer of portable batteries to finance the net costs arising from the collection, treatment and recycling of its share of all waste portable batteries collected in the UK. This requirement is supported by more detailed provisions contained within regulations 8, 16(2), 19, 20, 21 and 32. Industrial and automotive batteries - Implemented by Part 5 of the Waste Batteries Regulations 2009, in particular by regulations 35, 36 and 38. These require producers to publish details on how an end user of industrial and waste batteries may request their take-back, and that batteries that they are responsible for are delivered to and accepted by an approved battery exporter for treatment and recycling. 3.12 Measures to Ensure Producers are Not Double Charged Question (8) (b): What measures have been taken to ensure that producers are not double charged where batteries and accumulators are collected under schemes set up in accordance with Directive 2000/53/EC or Directive 2002/96/EC? Article 16 (2), the relevant article for this question, requires Member States to avoid any double charging of producers in the case of batteries or accumulators collected under schemes set up in accordance with Directive 2000/53/EC or Directive 2002/96/EC when implementing Article 16 (1). Directive 2000/53/EC is the Directive on End of Life

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Vehicles225 and Directive 2002/96/EC is the Directive on Waste Electric and Electronic Equipment (WEEE).226 20 Member States submitted details on the measures they have in place to avoid double charging of producers in line with Article 16(2). This includes countries for which the information was found in sources other than their submissions to the Commission, such as Finland,227 as well as Bulgaria which noted in its reply that producers pay a fee to a recovery organisation based on the number of batteries and accumulators they put on the market, and that is being monitored to ensure double charging producers.

Furthermore Greece228 and Latvia229 despite not submitting Implementation Questionnaires to the Commission for 2010-2012, also have such measures in place when considering other sources. Latvia’s systems for example, are based on weight with a tax levied on weight. The producers can calculate the weight and therefore the tax based on data about batteries and vehicles or electric and electronic equipment. In addition, the Czech Republic noted in its reply that it has no defined its collection of automobile or of industrial batteries and accumulators in relation to the definitions provided in the End of Life Directive or the WEEE Directive meaning that it does not have schemes set up for collection. As a result there are no measures in place to ensure producers are not double charged. However in the case of portable batteries it does follow the same approach as defined in the WEEE Directive and a contractual relationship exists between operators of collective schemes and producers to avoid double charging. The United Kingdom claimed in its reply that no specific measures are in fact necessary to avoid double-charging. Malta in the reply it submitted to the Implementation Questionnaire reported that it is currently reviewing its current system of producers as part of its waste management strategy, but did not provide any detail on how it will be assessing the system, what it will be recommending to be revised, if anything, and what measures will ensure avoiding double charging in its newly adopted national Waste Management Plan (adopted in January 2014). Denmark and Poland did not submit a reply to this question and no other source of information could be found. Member States replies are summarised below:

225 Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on End-of Life Vehicles (OJ L 269 of 21.10.2000, p. 34) 226 Directive 2002/96/EC of the European Parliament and of the Council of 27th January 2003 on Waste Electrical and Electronic Equipment (WEEE) (OJ L 37/24 of 13.2.2003) 227 Finland’s response referenced the Finnish Waste Act 646/2022, paragraph 65. 228 For Greece it was its Joint Ministerial Decision 41624/2057/E103. 229 For Latvia it was national legislation found on the government portal (www.likumi.lv) and the Ministry of Environment website (www.varam.gov.lv).

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Austria: The participation of manufacturers in a collection and recycling system guarantees the manufacturers rates which include the collection and recycling of waste batteries. This is accomplished as set out in Article 17, paragraph 4, of the Batteries Directive by ensuring tariff principles. Conversely, collection and recovery systems set up for electrical and electronic equipment offer end-only rates, which do not cover the cost of collecting and recycling of waste batteries. Belgium: (i) Flemish Region: The following legal provisions are contained in VLAREMA regarding regulating double charging: “Articles: 3.2.1.1, §5.. "Each producer is responsible for financing his obligation to accept." Article 3.4.5.1. "For waste batteries and accumulators the extended producer responsibility is completed through the acceptance obligation ..." Art. 3.4.4.1. §1. "For waste electrical and electronic equipment extended producer responsibility is completed through the acceptance obligation ..." Art. 3.4.2.1. §1. "For life vehicles extended producer responsibility is completed through the acceptance obligation ..." The acceptance obligation therefore applies to all waste streams separately. The costs of collection, treatment and recycling of batteries are not included in the environmental contributions for electric and electronic equipment or vehicles. The costs of collection, treatment and recycling of batteries are charged in a separate contribution for batteries. Importers of batteries, electrical and electronic equipment and vehicles should join for individual products to the specific set systems. In this way it is ensured that no double costs are charged to the producers. If discarded batteries are collected together with electrical and electronic equipment and vehicle wrecks, the collection systems for electric and electronic equipment and vehicle wrecks, these batteries are collected free of charge and free of charge by the management body which is responsible for the collection and treatment of waste batteries and by the producers car batteries (which in practice does not happen by positive value of the car batteries). In this way it is ensured that the cost of collection, treatment and recycling of batteries are worn only by the system for batteries.” (ii) Brussels Region: In practice, the RBC, the various regional and class systems in place to implement the different extended producer responsibility schemes provided by European law are set up in such a way as to avoid duplication. Each management body has exclusivity and it is physically impossible that contributions are received for the same product in two different collective systems.

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Article 16§2 of the Directive is also being specifically transposed in environmental conventions about to be concluded with the relevant management agencies. (iii) Walloon Region: In Wallonia, electrical and electronic equipment (WEEE) and vehicles (ELV) are under an obligation to be collected in the same way as waste batteries and accumulators. Those who put on the market electric appliances and vehicles containing batteries are therefore subject simultaneously to several take-back obligations. If they choose to fulfil their obligations through collective systems, they are likely to pay two separate environmental contributions. However, in accordance with Article 6 of the AGW September 23, 2010, each environmental assessment is supposed to reflect the costs associated with the execution of the obligation to take-back the only product to which it relates. For example, the cost of processing the stack would contain an electrical device will not be included in the environmental assessment of it. In addition, under Article 29, paragraph 4, 32, paragraph 4 and 33 paragraph 4 of the AGW, reversals of bondholders are obliged to take all waste batteries and accumulators from decommissioning and decontamination facilities waste electrical and electronic equipment and vehicles. Bulgaria: According to Article 21(1) of the Regulation, the entities placing batteries and accumulators built-in motor vehicles shall fulfil their obligations under the Regulation through organisations for recovery of end-of-life motor vehicles. Entities placing on the market batteries and accumulators built-into electrical and electronic equipment shall fulfil their obligations under the regulation through an organisation for recovery of waste batteries and accumulators. They are required to pay a fee based on the number of batteries and accumulators placed on the market to the organisation for recovery of waste batteries and accumulators and a fee for the quantity of electrical and electronic equipment placed on the market, with the battery or accumulator weight deducted to the organisation for recovery of waste electrical and electronic equipment (WEEE). The waste batteries and accumulators separated during the preliminary treatment of WEEE are handed over to entities holding a permit to deal with waste batteries and accumulators and they are reported for the purpose of meeting the objectives of the Regulation.

Cyprus: The collective scheme for WEEE (WEEE Electrocyclosis LTD) charges only for net weight of the equipment, excluding batteries, packaging and manuals. The weight of batteries is charged by the collective scheme for the portable batteries (AFIS Cyprus LTD). Both schemes are administrated by the same company (Green Dot Cyprus Ltd) which helps avoid double charging. There is no charge for the automotive batteries.

The Czech Republic: In the case of automobile batteries the collective system for collection is defined neither for batteries nor for vehicles in accordance with Directive 2000/53/EC; there is therefore no specific measure in this sector. This also applies to industrial batteries and accumulators. The individual method of fulfilling obligations automatically assumes that an individual manufacturer distributes the financial guarantee system in such a way that costs do not exceed the obligations laid down by

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the legislation. In the case of portable batteries in electrical equipment collected pursuant to Directive 2002/96/EC, the Waste Act defines the contractual environment between the operators of collective systems for batteries and accumulators and the operators of collective systems for electrical equipment pursuant to Sections 31k(2) and 31l(10) of the Waste Act. A contract to ensure non-discriminatory conditions is approved as part of the authorisation project (part of the application for authorisation pursuant to Section 31m(2)(e) of the Waste Act).

Estonia: Joining collective schemes are not obligatory for everyone. This means that every producer of motor vehicles or electrical and electronic equipment are responsible themselves for the collection and further treatment of end-of-life vehicles or WEEE, including batteries. Therefore producers of motor vehicles or WEEE are considered at the same time as the producers of batteries which ensures that producers are not double-charged.

Finland: It is regulated by Waste Act 646/2011, paragraph 65. It outlines that producers and producer corporations shall engage in cooperation measures to ensure the implementation of producer responsibility does not result in double payments.

France: The producers which place batteries and accumulators incorporated into a vehicle or electrical and electronic equipment (EEE) on the market have obligations in terms of managing the waste as outlined in the Batteries Directive. Waste Electrical and Electronic Equipment (WEEE) are collected by the systems set up under Council Directive 2002/96/ EC230 on waste electrical and electronic equipment, and portable batteries and accumulators are extracted from these equipment and taken to be processed by eco- organizations approved for managing batteries and accumulators from WEEE.

For automotive batteries, extracting and recycling batteries and accumulators from vehicles does not pose a financial burden for vehicle producers due to the market value of recycled lead. The proportion attributable to the collection and retrieval of waste batteries and accumulators is included in the cost.

Therefore the collection and dismantling of WEEE and end-of life vehicles are borne by the producers of vehicles or EEA producers and the processing costs for waste batteries and accumulators are borne by the producers of these batteries and accumulators, so there is no duplication of costs between producers of vehicles or EEA and producers of batteries and accumulators.

Germany:

230 Directive 2002/96/EC of the European Parliament and of the Council of 27th January 2003 on Waste Electrical and Electronic Equipment (WEEE) (OJ L 37/24 of 13.2.2003)

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End-of-life vehicles a. BattG in conjunction with the specifications of the regulations, prevent a double burden of the manufacturer:231 o Operators of treatment facilities for end-of-life vehicles must immediately remove the batteries. The producers of automotive batteries must specify the treatment facilities for end-of-life vehicles for the vehicle and provide users the ability to return `batteries in a reasonable and free manner, in line with the legal requirements for recycling’. This means that the treatment facilities for end-of-life vehicles can withdraw used batteries for free, so the producer has no disposal costs for the batteries. Electro-waste b. The Batteriegesetz contains, in conjunction with the specifications of the WEEE Directive the following in order to prevent a double burden of manufacturers:232 o The operators of treatment facilities for waste electrical and electronic equipment must separate batteries and accumulators from collected WEEE. You are obliged, as part of the treatment of waste portable batteries, to set up a common collection system or a proprietary system. The take-back systems must have the spent batteries - financed by the manufacturers - utilized. o The manufacturers of electrical equipment are the foundation of the electro-waste register. Operators of treatment facilities are required to pick up for free and take batteries/rechargeable batteries from the devices to be treated and disposed of, financed by the manufacturers. The disposal obligation of the manufacturer of the electrical and electronic equipment in the framework of the implementation of the Directive 2002/96/EC is not based on the mass of the batteries placed on the market. Hungary: Under the legislation for any product the payment obligation relates only to a particular component/stream. In other words, in the case of a mobile phone for example, there is a separate obligation for the accumulator and for the mobile phone itself (the weight of which excludes the accumulator). Ireland: The battery registration body provided for under article 12 of the regulations is required to provide for the maintenance of the register of all producers placing batteries on the market and determine the proportion of market share held by each individual

231 End-of - life-vehicle (AltfahrzeugV): regulation on the disposal, withdrawal and environmentally sound disposal of end-of-life vehicles. In the version published on 21. June 2002 (Federal Law Gazette I p. 2214. Current version: http://www.gesetze-im-internet.de/bundesrecht/altautov/gesamt.pdf 232 See question 1 (a) Point 3) Electrical and Electronic Equipment Act (ElektroG)"

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producer. This data is used to determine the financial obligation the producer has with respect to financing the end-of-life costs associated with the batteries and accumulators that he or she has placed on the market. A similar registration role is provided for in the Irish WEEE regulations and similarly producers must register with the body and submit details on a monthly basis of the volumes of EEE being placed on the market in order to determine their financial responsibilities with regards to managing such EEE at end-of- life.

In Ireland the WEEE Register Society Ltd is the body approved by the Minister for the Environment, Community and Local Government for both battery and WEEE registration and reporting. This acts as a safe-guard against any potential double charging as the WEEE Register requests producers of electrical and electronic equipment (EEE) to report the volumes of EEE being placed on the market separately from the volume of batteries being placed on the market each month. In addition article 23(8) of the regulations states that “producers shall have no obligation in the State to finance the environmentally sound management of waste batteries that arise and are collected under any scheme set up in accordance with the Directive or Directive 2002/96/EC on Waste Electrical and Electronic Equipment in another member state or a third country”.

In this context double-charging with respect to WEEE and batteries is avoided with respect to EEE and batteries placed on the domestic or any other market.

Under the End-of-Life-Vehicle regulations (S.I. No. 282 of 2006 as amended) the producer responsibility obligations fall on the manufacturers or importers of vehicles into the State rather than automotive battery producers. These regulations oblige producers to establish a national system for the collection of specified vehicles of that producer’s brand or for which that producer has responsibility and which that producer anticipates will become end-of-life vehicles in the State and will accordingly require appropriate treatment and recovery. With respect to how charges relating to the ELV regulations are calculated, producers are obliged to register with each local authority and pay the following charges: a. €1,000 in respect of producers whose annual turnover was less than or equal to €50,000,000 in the preceding twelve month period, or as appropriate; b. €2,500 in respect of producers whose annual turnover was greater than €50,000,000 but less than or equal to €100,000,000 in the preceding twelve month period, or as appropriate; and c. €6,000 in respect of producers whose annual turnover was greater than €100,000,000 in the preceding twelve month period. Charges are thus based on turnover deriving from the volume of vehicles placed on the market and no additional or specific charge is levied on car importers/manufacturers with respect to automotive batteries under the End-of-Life Vehicle regulations. Italy: Article 17(8) of Legislative Decree No 188/2008 ensures that producers are not double charged because of the obligations under paragraph 1, where batteries and

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accumulators are collected in accordance with the requirements of Legislative Decree No 209/2003 and Legislative Decree No 151/2005, which transpose Directive 2000/53/EC and Directive 2002/96/EC respectively. Lithuania: In accordance with the Law on Pollution Tax, products that are components of any other product (for example, of electrical or electronic equipment or vehicles), manufactured or brought in (imported into) the territory of the Republic of Lithuania, without which the product cannot be used in applications for which it was made, shall not be deemed to be the object of taxation. Producers and importers of the batteries and accumulators incorporated into a product shall have no additional duty to implement battery and accumulator management targets. Batteries and accumulators incorporated into products shall be managed while implementing the targets set for the management of these products (electrical and electronic equipment and end-of-life vehicles).

Luxembourg: This provision is incorporated in Article 14 of the Act of December 19, 2008. As a member of the approved body for WEEE, producers pay a contribution with respect to the financing of the collection and treatment of WEEE. For devices containing batteries and accumulators, this contribution covers only the costs of the collection from the point of collection of WEEE, treatment and recycling of WEEE. The costs of the collection and processing of batteries and accumulators contained within these devices are funded by the contribution from the approved body for batteries and accumulators.

As a member of the approved body for batteries and accumulators, producers pay a contribution with respect to the financing of the collection and treatment of waste batteries and accumulators. For the producers who prove that the batteries and accumulators have been re-exported to legal or physical persons, the producers have the right to the restitution of the contributions of recycling of the approved body.

Malta: Malta is currently reviewing the current system as part of the revision of its Waste Management Strategy and the issue of double charging will be assessed as part of this review. The Netherlands: Prevention of double charging is explicitly regulated in Article 11(2) and (3). According to Article 11 the producer or importer managing the end of life vehicle has no obligation to bear the costs for waste batteries and accumulators in the car wrecks if those have been borne by the producers of the batteries and accumulators. Similarly producers which manage WEEE have no obligation to bear the costs for waste batteries and accumulators in such devices if those have been borne by producers or the system associated with the batteries and accumulators. Portugal: Producers are not double-charged because when a producer joins a collective system in order to manage its electrical and electronic equipment, they do not pay more for the management of their batteries placed on the market, if the collective system is the same. The same goes with end of life vehicles, since they are exempt from financial compensation when batteries sold are incorporated in vehicles declared to the integrated management of end-of-life vehicles and managed by the same collective

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system. Also for the registration, producers of batteries and accumulators already registered as producers of electrical and electronic equipment do not pay registration fee for the registration of batteries.

Romania: Government Decision No 1132/2008 and Joint Ministerial Order No 2743/3189/2011 provide as follows: “Manufacturers or the collective organisations acting on their behalf shall be required to finance all the net costs arising from the collection, treatment and recycling of all waste batteries and accumulators, so as to achieve the minimum annual collection rates and the minimum level of recycling efficiency.” Slovakia: Currently effective Act No. 223/2001 on waste includes the provision of sect. 48(f)(1), which states that the producer of batteries and accumulators must pay a contribution to the Recycling Fund for portable, industrial and automotive batteries and accumulators in the amount determined under sect. 56; this obligation does not apply to devices or vehicles for which the contribution is paid to the Recycling Fund (sect. 54), and in which the batteries or accumulators are integrated. This is a provision which requires producers of batteries and accumulators to pay a contribution to the Recycling Fund. This obligation does not apply to appliances or vehicles with integrated batteries and accumulators for which a contribution is paid to the Recycling Fund. It follows that a contribution for devices or vehicles with integrated batteries and/or accumulators should be paid to the Recycling Fund by those producers who introduce these devices and vehicles on the market in the Slovak Republic. The producers who introduce batteries and accumulators integrated in these devices and vehicles must fulfil their obligations under the Act on Waste. Therefore, it is not possible that duplicate fees will apply for batteries and accumulators collected pursuant to Directive 2000/53/EC or Directive 2002/96/EC. The proposed amendment to Act No. 223/2001 on waste will have a mechanism preventing double fee collection for batteries and accumulators in that the producer of electrical and electronic equipment with integrated batteries and accumulators will be registered in the Register of EEZ producers, as well as in the Register of producers of batteries and accumulators, and at reporting the quantities of electrical and electronic equipment put on the market, the producer will indicate only the net weight of these devices without built-in batteries and accumulators. The producer will report the weight of batteries and accumulators in the report for batteries and accumulators. In case of batteries and accumulators integrated in motor vehicles, the mechanism remains the same as at present. Slovenia: Manufacturers of portable batteries and accumulators must – at their own expense – ensure the collection of waste portable batteries and accumulators from end- users, distributors and public service operators as well as the processing and recycling of waste portable batteries and accumulators collected in this way. This obligation does not apply to portable batteries and accumulators built into electrical and electronic equipment (EEE), if the manufacturer ensures the collection of WEEE in accordance with regulations on the management of waste electrical and electronic equipment.

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Manufacturers of industrial batteries and accumulators must – at their own expense – ensure the collection of waste industrial batteries and accumulators from end-users as well as the processing and recycling of waste industrial batteries and accumulators collected. This obligation does not apply to industrial batteries and accumulators built into EEE, if the manufacturer ensures the collection of WEEE in accordance with regulations on the management of waste electrical and electronic equipment.

Manufacturers of automotive batteries and accumulators must – at their own expense – ensure the collection of waste automotive batteries and accumulators from end-users as well as the processing and recycling of waste automotive batteries and accumulators collected. This obligation does not apply to automotive batteries and accumulators which are built into motor vehicles, in accordance with regulations on the management of end-of life motor vehicles.

As the collection of waste batteries and accumulators is financed by the manufacturers, the handover or disposal of waste batteries and accumulators shall be free of charge for end-users. The exemption concerns, firstly, the collection of waste portable batteries and accumulators which are produced by legal persons or sole traders through carrying out the economic activities of manufacturing, repairing or maintaining EEE or processing WEEE incorporating portable batteries or accumulators and, secondly, the collection of waste industrial and automotive batteries and accumulators produced from the processing of WEEE or from the dismantling of end-of-life motor vehicles.

Spain: With regards to Integrated Management Systems for portable and industrial batteries and accumulators, the management body in each case also acts as the management body of the Integrated Management Systems for electric and electronic equipment. As such, this body must demonstrate that there is no double-charging at the time of the annual audit that is required under the Royal Decree. The same thing happens in the case of automotive batteries and accumulators since the Individual Management Systems have come to an agreement with the automobile sector that by means of audits and the terms of the agreement there is no double-charging.

Sweden: The auto repair shops and the car breakers are collection points for car batteries as part of the collection scheme for automotive batteries. Hence, the battery producers of automotive batteries only pay one collection scheme and cannot be charged twice.

The UK: No specific implementation is required beyond the implementation of Article 16(1). Conclusion: Member States (24) have reported that they have provisions in place to finance collection, treatment and recycling of waste batteries and accumulators by producers or third countries acting on their behalf as well as to avoid double charging producers (22) in 2010-2012.

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3.13 Measures Taken to Encourage Developments Question (9): Please provide information on any measures taken in line with points (a), (b), and (c) of Article 22 (3) of Directive 2006/66/EC (max 50 words) Article 22(3) requires Member States to report on any measures that they take to encourage developments affecting the impact of batteries and accumulators on the environment, including (a) voluntary steps taken by producers, reducing quantities of heavy metals and other hazardous substances contained in batteries and accumulators; (b) new recycling and treatment techniques; (c) economic operators' participation in environmental management schemes. 23 Member States submitted information on the measures taken. This includes Cyprus233 for which the relevant information was found in its Waste Prevention plans. The detailed replies are summarised below. In addition Greece was also found to have measures in place in line with Article 22(3) when considering its Waste Prevention Plan given it did not submit a reply to the Implementation Questionnaire 2010-2012. Denmark, Latvia and Poland did not submit a reply to this question and no other source of information could be found. It is worth noting that: - Finland’s reply only gave details on economic operators participating in management schemes, for example producer run campaigns for consumers such as advertising in retailers. It did not respond to points (a) or (b) of the question. - Hungary’s reply reported that it approves and supports the Commission legislation on mercury and cadmium in batteries, but gives no specific content on any measures in place. The country has reported that no recovery is happening in Hungary at present but a lead-acid accumulator processor is in the process of being set up. Economic operators are involved through the financing of the non- profit collection organisations involved. - The Netherlands’ reply referenced a producer notice of approval form, whereby approval depends on producers taking measures to reduce the environmental impact of batteries and accumulators and to ensure the proper end of life treatment. Member States replies are summarised below: Austria: Austria has a wide range of funding instruments available to encourage developments, in accordance with its Environmental Support Act. This includes promoting the development of new technologies in a framework in order to ensure this Act. One of the objectives is to protect the environment by preventing or reducing

233 Cyprus’ response referenced the website of the collective system producers, Afis Cyprus Ltd (http://www.afiscyprus.com.cy/el-GR/home/).

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pollution in the form of waste. This law provides the basis for allowing environmental subsidies. All waste treatment plants are eligible for support. For example, in Austria, there is a research project titled "LIBRES" (i.e. lithium-ion batteries recycling) where a waste management company, the Montana University Leoben and car manufacturers are involved. The research project was supported by the Austrian Research Promotion Agency (FFG) in and was partially funded by public funds. All organisations which are active in the collection and recycling of batteries according to Austrian waste management must also have established environmental management systems. Belgium: (i) Flemish Region a. Article 22 (3) (b): Companies can appeal to different funds and grant channels, for example: the Environmental and Energy Technology Innovation Platform (MIP), the Strategic Initiative Materials (SIM), Ecology premium. b. Article 22 (3) (c): In accordance with Article 3.2.1.2 of VLAREMA producers of batteries and accumulators must meet the obligation to accept and are recorded in a waste prevention and management plan or an environmental policy agreement. OVAM carries out spot checks on businesses to this regard. It checks which companies first place on the market batteries, accumulators or appliances with batteries. Those companies then have to join a collective system (BEBAT or Recybat) or have an approved waste prevention and management plan. Producers / importers that are not in line are given a notice, and if no action is taken, they’re taken to court. (ii) Brussels Region: a. Article 22 (3) (b): Many economic instruments exist to stimulate environmental R & D (e.g. tax deductions, subsidies, etc.). However, to date, no projects have been developed in terms of treatment and recycling of batteries in the Brussels Capital Region. b. Article 22 (3) (c): The region undertakes many spot checks and has controls in place to ensure that all economic actors fulfil the obligations imposed on them. (iii) Walloon Region: a. Article 22 (3) (b): Some initiatives exist in Wallonia to encourage innovation in recycling and treatment. For example there’s a tax imposed on certain types of waste with a take-back obligation such as WEEE, waste batteries and packaging waste of €150/tonne.234 Furthermore producers have an obligation to other take-back the product themselves if they put it on the market or establish a collective waste scheme.

234 http://recherche-technologie.wallonie.be/

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b. Article 22 (3) (c): Battery producers have the option to fulfil their obligation to return waste batteries and accumulators collectively, adhering to the system set up by BEBAT, or to introduce a management plan and individual prevention. Producers who opt for either of these options are considered free-riders. The Region conducts regular field inspections to detect these free-riders and ensure that they comply with regional environmental legislation. Bulgaria: a. Article 22 (3) (a): Article 7(3) of the Regulation introduces obligations for producers of batteries and accumulators to take measures to reduce the quantity of hazardous substances and replace them by less polluting substances, especially by using alternatives to mercury, cadmium and lead. Furthermore, in accordance with Article 61 of the Regulation, the organisations for recovery and the entities placing batteries and accumulators on the market and fulfilling their obligations individually shall present information about the measures they have taken during the last year. b. Article 22 (3) (b): According to Article 29(2) of the Regulation, operators of installations and facilities for recycling of waste batteries and accumulators shall take measures to ensure that the recycling technologies applied achieve such recycling levels that correspond to Annex III, part B to the Directive. c. Article 22 (3) (c): The regulation sets out the obligations and roles of each economic operator in relation to restricting the adverse environmental impact during the entire life cycle of the batteries or accumulators and their obligations as participants in the systems for separate collection and recycling of waste batteries and accumulators. Cyprus:

a. Article 22(3)(a) is not applicable for Cyprus as there are no domestic manufacturers of batteries. b. Article 22(3)(b) is not applicable for Cyprus as no recycling takes place domestically and also the quantities are not viable for such processes nationally. For the same reason no measures are taken for Article 22(3)(d). c. For article 22(3)(c) the competent authority through the prevention program (mandatory by the Directive 2008/98/EC) is foreseeing the promotion of prevention of batteries mainly through awareness raising campaigns. The Czech Republic: The Czech Republic contributed to the changes to Directive 2006/66/EC, rejecting exemptions for batteries and accumulators for cordless power tools and exemptions for button cells. Through the grant, the Czech Republic supports the development of processing facilities to increase the effectiveness of recycling. It has approved a National EMAS programme; all economic entities involved in the manufacture or processing of batteries or accumulators have signed up to the programme. The majority of entities have financed the establishment of EMS from their own resources.

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Estonia: a. Article 22 (3) (a): In Estonia there is no manufacturing of batteries, so there are only general requirements in the Waste Act regarding this point, whereby it is prohibited to place in the market batteries containing certain substances. b. Article 22 (3) (b): According to the Waste Act it is required to use best available technique for the treatment of waste. This ensures environmentally sound recovery and recycling. c. Article 22 (3) (c): By the Act of Environmental Impact Assessment and Environmental Management System every undertaking is encouraged to apply environmental management system in their activities. Finland: Producer organisations have arranged campaigns for consumers about proper collection of waste batteries and accumulators (this is required in the Government Decree, paragraph 13). As part of the campaigns posters have been delivered to shops describing the proper handling of waste batteries and accumulators. Information has also been given to the shops about best practices in collecting waste batteries and accumulators (e.g. where the container should be placed and how it should be marked).235

France: In terms of reducing the amounts of heavy metals and other hazardous substances in batteries and accumulators, French manufacturers have committed to voluntary eco-design, and efforts for eco-design are imposed on producers via the obligations contained in the specifications for approval of individual systems or approval of eco-organizations. Thus eco-organizations can encourage their producer members to reduce hazardous substances in batteries and accumulators and portable batteries and accumulators and to increase their recycling potential. Moreover, eco-organizations have set up a modulation of the scale of contributions based on environmental criteria. These contributions are sums paid by producer members to eco-organization to which they belong, based on an estimate of the amount of waste batteries and accumulators that these producers have placed on the market in previous years. In terms of how to implement recycling and processing techniques, a committee was set up in 2013 that brought together collection and processing operators and representatives of producers to discuss best practices for the collection and treatment of waste batteries and accumulators and improve the quality of recycled waste.

Germany: The following have been implemented in Germany in the last few years to promote developments that affect the impact of batteries and accumulators: a. Developments to reduce the quantities of heavy metals and other dangerous substances in batteries and accumulators: o Includes voluntary measures taken by the manufacturer; and

235 http://www.recser.fi/en/?Recser_Oy:Latest_news:29.8.2011

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o Decision for recyclability and/or extension of the voluntary eco-label "Blue Angel". b. New recycling and treatment techniques: o Recycling of lithium-ion batteries: The Federal Ministry for Environment (BMU) and the Federal Ministry of Education and Research (BMBF) put aside 20 million Euro for research and development work on recycling processes for lithium-ion traction batteries. The projects followed a holistic approach mainly along the entire recycling process, from recycling-friendly design, characterisation and discharge of the batteries, disassembly, treatment of different waste fractions, to lithium-ion recycling. o The BMU-funded projects which will be supported by a life cycle analysis as shown in relevant research projects such as the LithoRec I (2009-2011) and LithoRec II (236237 2012-2015) hydro-metallurgical approach; the Libri238 (2009-2011) pyro-metallurgical approach; and the EcoBatRec239 (2012-2015) approach with pyrolyse and evaporation. o Projects funded by government bodies and industry encouraging recycling treatments such as: . Lithium-value240 (2011-2012) - The main focus on automated disassembly and selective treatment; . LIB2015 - Recycling (2009-2012)241 - Recovery of recyclable materials from future Li-Ion based automobile batteries; and . Recycling of alkaline manganese batteries supported by Deutsche Bundesstiftung Umwelt (DBU) and the Federal State of Bremen;242 . Recycling of lead acid batteries, supported by Deutsche Bundesstiftung Umwelt (DBU);243244245

236 Lithorec I "Recycling of lithium-ion batteries ", http://www.erneuerbar- mobil.de/projekte/foerderprojekte-aus-dem-konjunkturpaket-ii-2009-2011/batterierecycling/lithorec 237 Lithorec II "Recycling of lithium-ion batteries ", http://www.erneuerbar-mobil.de/projekte/foerderung- von-vorhaben-im-bereich-der-elektromobilitaet-ab-2012/forschung-und-entwicklung-zum-thema- batterierecycling/lithorec-ii 238 Libri "develop a viable recycling concept for the future high-performance batteries electric vehicles", http://www.erneuerbar-mobil.de/projekte/foerderprojekte-aus-dem-konjunkturpaket-ii-2009- 2011/batterierecycling/libri 239 EcoBatRec "demonstration plant for a cost neutral, efficient processing of Li-ion batteries of electric mobility", http://www.erneuerbar-mobil.de/projekte/foerderung-von-vorhaben-im-bereich-der- elektromobilitaet-ab-2012/forschung-und-entwicklung-zum-thema-batterierecycling/ecobatrec 240 Li-value "Automated disassembly and recycling of lithium-ion Traktionsakkumulatoren", , http://www.fona.de/mediathek/pdf/KMUi_Projektblaetter.pdfp. 3 241 http://www.metallurgie.rwth-aachen.de/data/publications/artikel_id_4985.pdf 242 http://www.efre-bremen.de/sixcms/media.php/13/BEGUENSTIGTENVERZEICHNIS_Version- Website_04-12-2012.pdf , P. 35

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o For an ambitious environmental protection in the production and recycling of lead/acid batteries and the recycling of mercury batteries, Germany in the last few years is in the process of revising the BAT- leaflet on the "non-ferrous metals industry" to include active participation in the information sheet and bring in current asset information. Among many attachment information for example, is the advanced technology of the separation of the Polypropylen- Fraktion tabled before the melting of lead acid batteries. o The Federal Ministry for Environment (BMU) took the project "resource-efficient innovative Batteries energy study" in 2012. The aim is to change its energy policy at an early stage, accompanied by the Environment, recycling and resource-related need for action to identify among other things, a high-quality recycling drive.246 c. Economic operators' participation in environmental management systems: o Some legislation on EMAS-equipment facilities promote the participation of firms in the treatment and recycling of batteries as part of environmental management systems; o EMAS247 is granted to installations, i.e. equipment for the production and the recycling of lead-acid, nickel-cadmium and mercury- containing batteries, an organization or a site, after the EMAS Regulation (EC) No 1221/2009 is registered under certain conditions regarding the content of the application materials in waste facilities as well as the procedures in those facilities. The legal base for this regulation is section 61 KrWG134; and o In determining the intervals for the on-spot-inspections, as part of the competent authority’s regularly monitoring program, it will be taken into account whether the company is registered in line with EMAS regulation (EC) No 1221/2009.248 Hungary:

243 http://www.dbu.de/ab/DBU-Abschlussbericht-AZ-24122_02-Phase%202.pdf 244 http://www.dbu.de/projekt_24122/03_db_799.html 245 http://www.dbu.de/projekt_28273/_db_799.html 246 Research framework of the Federal Environment Ministry and commissioned (UFOPLAN) 2013, p. 26, http://www.bmu.de/fileadmin/Daten_BMU/Download_PDF/ufoplan_2013.pdf 247 EMAS Privilegierungs-Verordnung (EMASPrivilegV): Regulation on air pollution control and statutory Überwachungserleichterungen for under Regulation (EC) No 761/2001 registered sites and organizations of 24. June 2002 (Federal Law Gazette I, p. 2247 http://www.gesetze-im- internet.de/bundesrecht/emasprivilegv/gesamt.pdf 248 Federal Immission Control Act (BImSchG): the law for the protection against harmful environmental effects caused by air pollution, noise, vibration and similar activities in the version published on 26. September 2002 (Federal Law Gazette I p. 3830; http://www.gesetze-im- internet.de/bundesrecht/bimschg/gesamt.pdf

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a. Article 22 (3) (a): With regards to developments reducing the number of precious metals and other hazardous substances found in batteries and accumulators, the Commission’s legislative amendments seeking to withdraw batteries containing cadmium used in hand tools and aiming to prohibit the use of mercury in button cell batteries have been approved and are supported by Hungary. b. Article 22 (3) (b): With regards to recycling and waste management technologies, no physical processing of materials is carried out in Hungary, though this situation will change in the near future once a lead-acid accumulator waste-processing plant is up and running. c. Article 22 (3) (c): The participation of economic operators in the environmental management systems is a daily reality in Hungary, since the producer-funded not-for-profit organisations operate alongside the contractual waste management partners of the National Waste Management Agency. All battery and accumulator retailers are involved in operating the collection systems and in receiving waste. Where legislation is to be amended or stricter limit values introduced, Hungary always consults representatives of companies involved in the sector in advance, and familiarise ourselves with the research areas aimed at developing the sector and, to some extent, with the results achieved. Ireland: Article 28(2) of the Regulations state that on and from 26 September 2008, the operator of each facility in the State engaged in the recycling of waste batteries shall be required to consider the: “(a) introduction of certified environmental management schemes in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS); (b) development of new recycling and treatment technologies, and (c) promotion of research into environmentally friendly and cost effective recycling methods.” Italy: Article 16 of Legislative Decree No 188/2008 provides for a Coordination Centre for the producers of batteries and accumulators. This Centre is tasked with optimising the performance of the collective and individual collection systems, with a view to increasing collection and recycling rates.

Lithuania: No measures have been taken in line with point (a) of Article 22(3) of the Directive as all persons supplying the internal market of the Republic of Lithuania with batteries and accumulators are importers (bringing products in the Lithuanian market) that, in fact, have no possibilities of influencing product designing and manufacture.

New recycling and treatment techniques are encouraged in line with point (b) of Article 22(3) of the Directive. The Lithuanian Environmental Investment Fund accepts applications for the financing of investment projects under the Product or Packaging

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Waste Management (hereinafter referred to as ‘the PPWM’) Programme. Applicants receive subsidies for the setting up, functioning and development of schemes for the management of waste electrical and electronic equipment, taxable products (including batteries and accumulators) and packaging pursuant to the Procedure for using the funds of the Product or Packaging Waste Management Programme, as approved by the Minister for the Environment of the Republic of Lithuania, and pursuant to the plan of measures for the use of PPWM Programme funds that is approved on an annual basis. The same applicant may receive a subsidy only for one project on the management of the same type of waste in accordance with the same plan of measures for the use of PPWM Programme funds. Only waste collected within the territory of the Republic of Lithuania is managed within the framework of the supported projects.

In line with point (c) of Article 22(3) of the Directive, the Rules on the management of batteries and accumulators and waste batteries and accumulators recommend that waste battery and accumulator treatment undertakings voluntarily participate in the Community eco-management and audit scheme (EMAS) established by Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

Luxembourg: These provisions are contained in Articles 5 (increasing environmental performance by promoting research and encouraging improvements through the entire life cycle, including reducing the quantities of dangerous substances found), 11 (encouraging the development of new recycling and treatment technologies and promoting research into environmentally friendly and cost-effective recycling methods including introducing certified environmental management schemes) and 17 (all economic operators and public authorities may participate in the collection, treatment and recycling schemes) of the Act of December 19, 2008. In addition, in the framework of the campaign "Clever Akafen" the Ministry of Sustainable Development and Infrastructure together with the Luxembourg trade promotes the sale of batteries and rechargeable batteries. This campaign "Clever Akafen" is certified by the European Commission‘s DG Environment as "best practice" in terms of waste prevention.

Malta: Malta is not aware of any manufacturers established in Malta. The Netherlands: All producers/importers must have a notice of approval. The information required to apply for a notice is included in a form.249 To obtain this, producers must take measures to reduce the environmental impact of batteries or accumulators. It must also be evident that the collected batteries and accumulators are treated in line with the requirements of the Directive.

249 http://wetten.overheid.nl/BWBR0024500/geldigheidsdatum 30-07-2013

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Portugal: There are no concrete measures for each of these items. However, the licenses granted to collective schemes require these entities to develop actions for research and development, particularly related to the search for better technologies associated with the management of waste batteries and accumulators. It is also encouraged that operators within the network of one of the collective schemes adhere to environmental management systems, and it is required to report annually which operators are certified.

Romania: The 'Sectoral Plan for the area of industrial research and development for 2008', approved by the Ministry of Economic Affairs, included amongst its general/specific objectives the goal of increasing the rate of recycling/reprocessing waste. That programme funded a research project entitled 'Examination of the composition of materials in the electro-chemical processes in portable accumulators and batteries, and reprocessing thereof in order to comply with Directive 2006/66/EC', which lasted for 24 months (2008-2010) and was run by the Bucharest-based National Institute for Research and Development in the Area of Non-ferrous and Rare Metals ('IMNR'). After that period, no other funds were allocated to the programme in question, due to the economic and financial crisis. No economic instruments have been implemented to promote the use of batteries and accumulators containing less polluting substances.

Slovakia: a. Article 22 (3) (a): Since there are no facilities in the Slovak Republic for the production of batteries and accumulators, no voluntary action has been adopted by producers to reduce the quantities of heavy metals and other hazardous substances contained in batteries and accumulators. b. Article 22 (3) (b): No measures were taken in the context of new recycling and treatment technologies. c. Article 22 (3) (c): No measures were taken in connection with the participation of management subjects in environmental management schemes. Slovenia: a. Article 22 (3) (a): Slovenia has no original manufacturers of batteries and accumulators, with the exception of one original manufacturer of lead vehicle batteries. In the reporting period, no measures were taken to encourage developments. b. Article 22 (3) (b): Slovenia has no capacity for recycling waste batteries and accumulators, except for one facility for recycling waste lead motor-vehicle batteries. In the reporting period, no measures were taken in relation to new recycling and treatment techniques. c. Article 22 (3) (c): No measures were taken. Spain: At the time of writing, the only additional measures taken under Article 22(3) of the Directive have been a few prevention measures: a number of public awareness campaigns in Autonomous Communities such as Cantabria, and in Aragon annual assistance has been introduced for plants and equipment for obtaining, placing on the market and consuming recycled materials.

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Sweden: No measures taken.

The UK: Article 4 of the Directive regarding prohibitions relating to the use of mercury and cadmium in batteries has been implemented by Regulation 4 of the Batteries and Accumulators (Placing on the Market) Regulations. The National Measurement Office (NMO) is appointed as the market Surveillance Authority for the enforcement of these regulations. The UK has provided economic operators and waste collection authorities with the right to participate in collection, treatment and recycling schemes. Conclusion: The majority of Member States (24) have reported that they have set measures to reduce quantities of heavy metals and other hazardous substances contained in batteries and accumulators, in order to promote new recycling and treatment techniques and encourage economic operators to participate in environmental management schemes in 2010-2012. Measures reported include tax instruments, awareness raising schemes and financial incentives. It should be noted however that in some cases these measures were outlined without providing details of implementation. A few Member States have reported that they have no domestic manufacturers or recycling operations such as Cyprus, Malta and Slovakia so parts (a) and (b) of the question did not apply. 3.14 Inspections and Monitoring Systems Question (10) (a): Provide details on the inspections and monitoring systems applied in the Member State to ensure compliance with Directive 2006/66/EC and in particular with Articles 4 & 21. Article 4 requires Member States to prohibit, without prejudice to Directive 2000/53/EC,250 the placing on the market of (a) all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0.0005 % of mercury by weight; and (b) portable batteries or accumulators, including those incorporated into appliances, that contain more than 0.002 % of cadmium by weight. This does not apply to button cells with a mercury content of no more than 2 % by weight, or to portable batteries and accumulators intended for use in (a) emergency and alarm systems, including emergency lighting; (b) medical equipment; or (c) cordless power tools. Article 21 requires Member States to ensure that all batteries, accumulators and battery packs are appropriately marked with visible, legible, indelible symbols as specified and outlines requirements for labelling requirements with reference to the capacity of all portable and automotive batteries and accumulators; and batteries, accumulators and button cells containing more than 0.0005 % mercury, more than 0.002 % cadmium or more than 0,004 % lead.

250 Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on End-of Life Vehicles (OJ L 269 of 21.10.2000, p. 34)

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20 Member States submitted details on the inspections and monitoring systems they have established nationally. Belgium, Malta and the Netherlands reported that no inspection and monitoring systems were necessary at this stage. The detailed replies submitted by Member States are summarised below these. Greece did not submit a reply to the Implementation Questionnaire for 2010-2012so other sources were considered, namely its Waste Management Plan. According to the Waste Management Plan its national waste prevention plan which addresses inspection and monitoring is currently under development. Denmark, Latvia and Poland did not submit a reply to this question and no other source of information could be found. Member States replies are summarised below: Austria: The provisions of these articles in the Batteries Directive are applied by Article 79 of the Austrian Waste Management Act (AWG) of 2002 which addresses criminal action resulting from inspections and monitoring where there is violation in collection treatment and disposal obligations. Belgium - Federal: The Federal Government regularly receives a report from the recyclers. These reports mention a steady decline of heavy metals in post materials recycling facilities. On this basis, it was not considered appropriate to conduct an inspection early in the cycle, although in retrospect this might not have been the best avenue to take. Belgium is considering whether to develop harmonized standards regarding testing / inspections of heavy metals in batteries and accumulators, generally composed of and incorporated into multiple materials. Bulgaria: The Regulation requires the chair of the Commission for Consumer Protection (KZP) or an official authorised by them to supervise compliance of batteries and accumulators placed on the Bulgarian market with the labelling requirements for batteries and accumulators, on the prohibition to place batteries and accumulators containing more than 0.0005 % of mercury and more than 0.002 % of cadmium and the information that must be provided to end-users. KZP controls the marketing of non- food items, which includes batteries and accumulators. The commission exercises these obligations in accordance with the requirements of the Consumer Protection Act. According to this act, the controlling authorities, particularly KZP, shall take the required measures to restrict the marketing of these goods, to withdraw the goods from the market or to take over the goods from the consumers when the goods are hazardous.

Cyprus: During the import of batteries the importer submits to Customs a Declaration of Conformity from the manufacturer to prove the compliance of the batteries with the Batteries Directive. This includes the relevant labelling and outlines that the batteries contain less than 0.0005% of mercury (Hg), 0,002% Cadmium (Cd) and 0.004% lead (Pb).

The Czech Republic: Customs offices may in general reject batteries and accumulators failing to meet the requirements laid down by the Directive (or the Waste Act), in particular exceeding the weight limit for cadmium and mercury and the labelling of

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batteries. In cases where the customs administration receives suggestions of a possible infringement of the Act, it has systemic resources for monitoring any imports under a specific tariff subheading, company, etc. to assist in risk analysis. The customs administration may collect and analyse samples. Under the Czech Environmental Inspectorate controls are carried out under an action plan for the relevant calendar year, with further unscheduled controls based on suggestions received or at random during controls of cross-border waste transport. The Ministry of Environment has also issued methodological guidelines for establishing the mercury (Hg) and cadmium (Cd) content in portable batteries or accumulators.251

Estonia: a. Monitoring: Every producer has to register in the Register of Products of Concern and has to report to the Register about the amount of batteries placed on the market and the amount of waste batteries that are collected and recovered (including recycled). The Waste handler also has to report to the Register about the amounts of waste batteries collected and recovered (including recycled), if it is collecting waste batteries without authorisation from the producer. b. Inspection: The main enforcement authority is the Environmental Inspectorate. Inspection of labelling of batteries is done by the Consumer Protection Board as well. If any violation of the law is detected, the maximum financial punishment is up to €32,000 for legal persons and €1,200 for natural persons. If a battery is found that contains prohibited substances, it can be withdrawn from the market or any other appropriate measures can be taken by inspectors.

Finland: Producer responsibility is supervised by Centre for Economic Development, Traffic and the Environment for Pirkanmaa, which acts as a national producer responsibility authority. Environmental permits for waste management are granted by either communities or Regional State Administrative Agencies and inspected and monitored by either communities or Regional Centres for Economic Development, Traffic and the Environment. Articles 4 and 21 are supervised by Finnish Safety and Chemicals Agency (Tukes). The field inspectors of Tukes monitor products in the retail shops throughout the country.

France: French law (Articles R.543-126 and 127 of the Environmental Code) requires batteries placed on the market to respect the maximum levels of mercury and cadmium content and the labelling obligations under the Directive. Placing on the market of batteries and accumulators which do not comply with the regulations is an offense and

251 http://www.mzp.cz/cz/metodika_stanoveni_rtuti_kadmia

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these products could be withdrawn from the market although that would only apply to very exceptional cases of offenses. Article L. 218-5 of the Consumer Code provides that: "When the officers mentioned in Article L. 215-1 find that a lot does not comply with the regulations in force, these agents may order that compliance is achieved within the parameters they set. If compliance is not possible, the prefect or, in Paris, the chief of police may order the use of these products for other purposes, or return them to the country of origin or order the destruction of the goods within a fixed time”. As part of the modification of the decree transposing Directive 2006/66/EC by Decree No. 2012-617 of 2 May 2012, French authorities have explicitly added the requirement to withdraw from the market batteries and accumulators that do not conform to the environmental code as outlined in Article R. 543-127-1. Batteries and accumulators that do not meet the requirements of this section which are placed on the market after September 26, 2008 will be withdrawn from the market under the conditions defined in Article L. 218-5 of the Code of Consumption.

Research and detection of offenses will be carried out by the agents and customs officers authorized for fraud.

Germany: Federal: As part of monitoring compliance with the Batteries Directive at the federal level, the federal environment agency (UBA) leads the population register252 for battery manufacturers (BattG-census) and monitors the notification obligations of the manufacturers (type 17 Battery-RL) when displaying a plausibility check. In addition, in the event of infringement of legal requirements, and in particular in battery-powered electrical equipment, there could be a simultaneous prosecution of infringements of the obligation to notify according to the BattG and the register after the ElektroG. The persecuted and violations cannot therefore be quantified in the BattG-display or the ElektroG-registration. Country level: For all of the other tasks of monitoring of compliance, the 16 German federal states are responsible for the implementation of the Batteries Directive. This includes: a. The producer obligations: Type: 4 - Prohibitions; nature: 21; Marking. b. The manufacturer: Type: 8 - Take-back systems. Type: 20 - Information requirements for the end-user. Type: 9 - Economic instruments (economic instruments have a mandatory deposit for automotive batteries). c. The End user obligations: Type: 7 - Recycling target.

252 The Batteriegesetz- Melderegister: https://www.battgmelderegister.umweltbundesamt.de/battg/authenticate.do

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The federal states determine the relevant competent authorities. In several federal states the lower authorities are generally responsible for the execution of the Directive. For example the lower authorities, the local governments or the state offices are usually responsible for agriculture and the environment. Also a sharing of responsibilities is possible: for example in Bavaria, District Governments implement the Article 4, yet the state offices implements the waste regulations. According to the information provided by the federal states, monitoring was carried out in eight counties in an ad hoc manner. Five countries had verified that such monitoring took place in the form of a routine or random checks. The focus of the inspections was the distributor obligations (in particular take-back obligations as both parties have a right to end-users) and the producer obligations. Waste and other collection points were also checked and in some cases, illegal shipments noted. a. Market surveillance: The federal states created in 2012 as the competent authority253 for the implementation of the Regulation market surveillance on the waste Community harmonisation legislation, which is also in charge of monitoring the compliance with the ban on the use of the substances (Type 4 BattRL) and the labelling requirements (Type 21 BattRL) will be considered. The associated market surveillance program for 2010 to 2013254 provides a monitoring of the bans and labelling requirements in 2012 and 2013. b. Penalties: Violations of the provisions of the BattG or of the Batteries Directive can lead to administrative procedures being followed. Hungary: In accordance with Article 21 of Directive 2066/66/EC, only batteries and accumulators bearing the appropriate labels and displaying capacity data can be distributed in Hungary. Hungary complies with Article 4 of the Batteries Directive which it inspects and enforces officially through periodical, random checks. Ireland: The Environmental Protection Agency (EPA) leads the national enforcement of the Battery Regulations with the Local Authorities having local enforcement responsibilities particularly in relation to Distributor/Retailer obligations. Local authorities are also responsible for the permitting of waste facilities within their administrative area. The EPA is responsible for licensing waste facilities. The EPA also has a supervisory role over all local authorities under Section 63 of the EPA Act, 1992 as amended. A Producer Responsibility Enforcement Network as part of the wider NIECE (the Network for Ireland’s Environmental Compliance and Enforcement) is in place since

253 Federal and state association of waste: Concept for the implementation of Council Regulation (EC) No 765/2008 - market surveillance on the waste Community harmonisation legislation for end-of-life vehicles, waste electrical and electronic equipment, batteries and accumulators, as well as packaging and packaging waste, of 20. February 2012; http://www.laga-online.de/servlet/is/23875/#A9 254 Federal and state association of waste: waste materials market surveillance program for the harmonisation measures for the period from 2010 to 2013; http://www.laga- online.de/servlet/is/23875/#A9

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June 2006 to guide and coordinate local authorities in their enforcement of producer responsibility initiatives. A WEEE/Battery Monitoring Group (including representatives for producers, distributors/retailers, waste management industry, WEEE Register Society, PROs, re-use industry, DECLG, and regulators) was established in February 2008 as a sub-group of the Network to focus on certain key aspects.

Since 2008, the EPA has carried out inspections on 1,686 retailers, 211 sellers of goods over the internet and 167 producers (EPA, 2011a). The inspections are verifying that retailer obligations are being met and non-compliant producers are identified. To date the EPA have taken one prosecution in relation to Producer Obligations under the Battery Regulations.

EPA works in co-operation with the WEEE Register Society Ltd on producer enforcement, particularly those producers who fail to register, fail to join a compliance scheme or self- comply, to fail to report what they place on the market to the Blackbox. The EPA also works with the PROs, particularly to follow up complaints regarding potential unregistered producers who may be placing batteries on the market. The EPA regularly attends the Committee of Management meetings of the WEEE Register Society Ltd. as an observer and participates in the WEEE/Battery Monitoring Group which is chaired by DECLG. The EPA is also empowered to order the withdrawal and recall of non-compliant batteries from the market.

In accordance with Article 48 (2) of the Battery Regulations a person found guilty of an offence is liable on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months, or both, or on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.

Italy: Article 19(6) of Legislative Decree No 188/2008 provides that the Supervision and Control Committee shall ensure supervision and monitoring of implementation of the above-mentioned Legislative Decree, including through specific inspections.

Lithuania: The regional environmental protection departments of the Ministry of the Environment control compliance by the producers and importers and the distributors of batteries and accumulators and waste management undertakings with the statutory requirements. Inspections are carried out on the basis of the plan of planned inspections and received complaints or the instruction of a superior authority.

In implementing Articles 4 and 21 of the Directive authorisations to check the content of hazardous substances in batteries and accumulators and to exercise control of product labelling are vested in the State Non-food Products Inspectorate under the Ministry of the Economy. Inspections are carried out at the points of sale on the basis of the plan of planned inspections and received complaints. The monitoring of compliance of imported products is carried out by the Customs of the Republic of Lithuania.

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Luxembourg: All the provisions concerning the content of heavy metals, as well as the marking of batteries and accumulators are addressed in the Act of December 19, 2008. With regard to the control of the compliance of these provisions, the research and findings of offenses can be done by the agents of the police, the officers of the customs and excise administration, as well as by the agents of the Administration of the Environment.

Malta: Malta did not carry out inspections specifically on batteries and accumulators. The Netherlands: No monitoring is carried out in respect of markings and heavy metals. We have also not received any signals that there is non-compliance. Inspection and enforcement of the Decree on the management of batteries and accumulators 2008 is included in the multi-year planning for product decisions of the Inspectorate of the Environment and Transport. The multi-year planning for product decisions includes details on when each aspect of each regulation is dealt with. Priorities are based on compliant conduct, risks and political attention. Batteries are no longer included in the multi-year planning for product decisions. Portugal: In case of non-compliance, there is a contact network established for complaints of the national authority to the Food and Economic Security (ASAE), which is the national administrative authority specialized in the field of economic superintendence.

Romania: The Romanian authorities responsible for implementing the Directive on batteries and accumulators and waste batteries and accumulators are the following: 1) National Environmental Protection Agency: a. Administering the register of manufacturers of batteries and accumulators (registration of manufacturers, collection and processing of data on the quantities of batteries and accumulators placed on the market, collection and processing of data on the collection and management of waste batteries and accumulators); b. Drawing up reports and sending them to the European Commission, after endorsement by the Ministry of the Environment and Climate Change; and c. Authorising economic operators engaged in collecting and managing waste batteries and accumulators (through its local branches). 2) National Environmental Guard and the Ministry of Economic Affairs: a. Verifying that manufacturers and the economic operators managing waste batteries and accumulators comply with the legislation in force, and imposing penalties. 3) National Consumer Protection Authority: a. Checking whether the batteries and accumulators placed on the market are labelled appropriately; and b. Checking whether the manufacturers and/or distributors provide users with all the information required under the legislation in force, and imposing penalties.

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Slovakia: Slovak Trade Inspection (hereinafter referred to as "SOI") carries out proactive surveillance, i.e. based on created plans and reactive surveillance, i.e. based on claims. Due to the need to optimize the use of financial resources allocated, SOI did not carry out special proactive inspection measures aimed at fulfilling these obligations in connection with the Directive, but only did it in cases of claims, as well as those cases when the inspecting SOI workers faced issues related with this topic. Slovenia: The Market Inspectorate of the Republic of Slovenia carries out monitoring of the placement of new batteries and accumulators on the market, as regards the identification of the batteries, ensuring that batteries and accumulators cannot be removed from devices and checking that heavy metal content (i.e. Pb, Hg, Cd) does not exceed the statutory value for batteries or accumulators.

The Market Inspectorate carries out monitoring by first inspecting batteries and accumulators offered to end-users in retail shops. On the basis of irregularities detected, checks are then carried out on the legal entities which were the first to place these non- compliant batteries or accumulators on the Slovenian market.

The Inspectorate for the Environment and Nature focuses inspections mainly on: a. End-users of portable batteries and accumulators, where waste portable batteries and accumulators originate, to ensure that such items are delivered properly to a collector of such waste; b. Municipal waste collection services provided as a mandatory public service, to ensure that waste portable batteries and accumulators collected are delivered properly to collectors of such waste; c. Manufacturers of batteries and accumulators; and d. The receipt of waste batteries and accumulators. The Inspectorate for the Environment and Nature has to a lesser extent carried out checks on the placement on the market and identification of batteries and accumulators. For the subjects inspected, no irregularities were detected.

Spain: Responsibility for monitoring the marketing and consumption of batteries and accumulators, and other types of products, has been transferred to the Directorates- General for Consumer Protection in the Autonomous Communities. All of these Directorates-General are tasked with monitoring and inspections to ensure that the placing on the market of these products is carried out in accordance with the consumer- protection and marketing legislation in force.

Sweden: Monitoring and enforcement of labelling of batteries takes place by the Chemicals Agency which conduct inspections on a regular basis.

The UK: The National Measurement Office (NMO) is appointed as the market Surveillance Authority for the enforcement of the Batteries Directive and the requirements under EU 1103/2010. NMO operates a planned risk based inspection regime employing a mixed model of testing, information requests, direct inspections and

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business support to deliver its objectives. The NMO is also the enforcement authority for ROHS (2011/65/EU) and where battery powered products are selected for evaluation under the ROHS directive they are also assessed under the above batteries requirements.

3.15 Non-compliance Question (10) (b): How many cases of non-compliance with the Directive have you found? Have any non-compliant batteries and accumulators been withdrawn from the national market? Please indicate the main reasons for non-compliance and the actions taken in order to ensure compliance with the Directive. Article 4, the relevant article for this question, requires Member States to prohibit, without prejudice to Directive 2000/53/EC on end-of-life vehicles255 the placing on the market of (a) all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0.0005 % of mercury by weight; and (b) portable batteries or accumulators, including those incorporated into appliances, that contain more than 0.002 % of cadmium by weight. This does not apply to button cells with a mercury content of no more than 2 % by weight, or to portable batteries and accumulators intended for use in (a) emergency and alarm systems, including emergency lighting; (b) medical equipment; or (c) cordless power tools. Article 21, another relevant article for this question, requires Member States to ensure that all batteries, accumulators and battery packs are appropriately marked with visible, legible, indelible symbols as specified and outlines requirements for labelling requirements with reference to the capacity of all portable and automotive batteries and accumulators; and batteries, accumulators and button cells containing more than 0.0005 % mercury, more than 0.002 % cadmium or more than 0.004 % lead. 23 Member States submitted replies to this question. Member States replies are summarised below: Austria: Each year in Austria there are at least five inspections to monitor compliance with the Batteries Directive. In 2009 - 2011 there were six cases of non-compliance where objections were raised. These involved violations of the redemption obligations, the registration obligations and the reporting obligations. No batteries or accumulators needed to be taken off the market as a result. Belgium - Federal: See the reply submitted to question 10 (a). Bulgaria: A total number of 1, 561 inspections on commercial sites selling batteries and accumulators to end-users have been carried out during the period 2008 – 2012. No violations related to non-compliance of the batteries and accumulators with the

255 Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on End-of Life Vehicles (OJ L 269 of 21.10.2000, p. 34).

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above requirements have been established during this period. 14 acts have been issued in 2009 to commercial sites selling automotive accumulators for the lack of signs advising on the possibilities and method to return waste batteries and accumulators at the respective site.

Cyprus: Some cases of non-compliance have been detected from Customs mainly because of the negligence of the importer to obtain the Declaration of Conformity from the manufacturer. In these cases products were ceased until information was sent from manufacturers proving the compliance of the batteries with Directive 2006/66/EC. The Czech Republic: a. Customs office: In 2011 there were controls on the import of nickel-cadmium accumulators in equipment (for vacuum cleaners (except industrial ones), electric toothbrushes and razors). Two infringements of the Act were found during this operation. b. Czech Environmental Inspectorate (ČIŽP): No non-compliant batteries and accumulators have been found so far. c. Controls of manufacturers of batteries and electrical equipment: Among manufacturers of electrical equipment and portable batteries, inspections focused on controls of 'free riders' (persons who have not contributed along other manufacturers in the establishment of collection and processing systems, or contributed to 'legacy' electrical equipment) and manufacturers not participating in collective systems. In the electrical equipment take-back sector, however, inspections come up in the long term against the persistent problem and unclear legal environment concerning the authorisation of collective systems in relation to funding 'legacy' electrical equipment. Last year, 32 electrical equipment manufacturers and distributors and 15 battery manufacturers were inspected; in all, 15 penalties totalling CZK 207 000 were imposed on manufacturers. The main shortcomings found were that, at the time of the ČIŽP checks, persons had not fulfilled their take-back obligations (free riders), or had not sent a final report to the Ministry of Environment on the fulfilment of their obligations. d. Controls on retailers of batteries and electrical equipment: Controls focused on take-back and subsequent treatment, particularly of portable button cells which, like lead-acid accumulators, are an economically important commodity (containing silver). With these returned batteries there is also a potential risk of their eluding the established take-back system and the corresponding final processing. As part of controls on retailers, very few serious shortcomings were found – a number of 'free riders' were identified, and there was insufficient consumer information on opportunities for returning used batteries. In all, there were 65 controls on retailers of products subject to take-back, with six final fines imposed for infringements of the obligations on retailers, also indicating that the take-back system, guaranteed in particular by collective systems, is working very well for final users of the products.

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Estonia: There have been some cases where collection containers were missing in shops, in which case a verbal warning was given by the enforcement authorities. There have been no cases where non-compliant batteries or accumulators were found on the market.

Finland: During both 2011 and 2012 one battery type was withdrawn from the Finnish market due to its excessive amount of a forbidden substance. The importer was prohibited to put those products back on the market until the non-compliance was corrected.

France: To date, no control has led to the finding of non-conformity of sold batteries and therefore there has never been a withdrawal from the national market. Germany: a. Federal registration (Type 17): Between 2007 and 2012 the Federal Environment Agency has recorded over 13,000 violations of the reporting requirements under the obligation to register in accordance with ElektroG BattG or displayed. Tests were carried out and several violations were punished. b. Country Level: In the federal states, part of the monitoring activities and the violations refer to the distributor obligations. Other relevant parts of the infringements concern the producer obligations, in particular the labelling requirements in accordance with section 17 of the BattG/ Type: 21 Batt-RL. Mostly, the contested batteries after identification were released again, and only in a single case were they taken from the market. Infringements of the prohibition on Type: 3 Batt-RL were not observed in the period under review. Batteries withdrawn from the market: In a state 116 batteries and accumulators have been taken off the market due to the absence of labelling (crossed-out dustbin). This was the only instance in which batteries were withdrawn from the market. In most cases once corrections are requested and complete, the batteries are returned to the market. Furthermore in two instances there were imports of batteries with a contaminant content above the limit values. Measures to ensure compliance with the Batteries Directive: The most important measures to allow for compliance with the Batteries Directive are the activities of the competent authorities to control and verify market players, as well as the introduction of a fine or administrative procedures. Furthermore to ensure compliance with the Batteries Directive there were many educational campaigns by the federal and regional authorities. These were particularly relevant for:

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a. New rules being introduced such as after the entry into force of the Battery Act. Such new rules included a connection with the obligation to notify the manufacturer in the BattG-register using information material as well as lectures and consultations with the manufacturers and distributors; b. The state and federal agencies when they were discussing consumers, consumers and industry in the framework of the waste available on location in the form of press releases or on the Internet, with information on how to store and dispose of batteries and accumulators. c. The creation of implementation guides through support for law enforcement agencies. Hungary: EU legislation is binding within the territory of the Member States, and failure to comply entails consequences, i.e. fines, or an obligation to rectify the incorrect procedure. During the reference period, environmental protection bodies in Hungary issued fines totalling HUF 5,201,224 on seven occasions. Ireland: Since 2008, the EPA has carried out inspections on 1,686 retailers, 211 sellers of goods over the internet and 167 producers (EPA, 2011a). The inspections are verifying that retailer obligations are being met and non-compliant producers are identified. To date the EPA has only prosecuted once in relation to Producer Obligations under the Battery Regulations. Italy: Information on this matter is not available because the supervisory bodies are under no obligation to report inspections or sanctions to the Ministry of the Environment. Lithuania: Data about the producers and importers and the distributors of batteries and accumulators and the waste battery and accumulator management undertakings inspected in 2009-2011 are presented in Table 3.32. Table 3.32: Data on Producers, Importers and Distributors of Batteries in Lithuania Number of Number of

inspected detected non- Character of the most frequent non-compliances undertakings compliances Producers and importers of batteries and accumulators Failure to submit reports; failure to organise the management of waste batteries and accumulators; failure to keep the accounting of batteries and accumulators placed on the Lithuanian internal market or improper 437 169 keeping of accounting (without observing the requirements laid down in legislation); failure to get registered in accordance with the procedure laid down by legislation; provision of incorrect data in reports Distributors of batteries and accumulators Failure to provide information to the public in accordance with the procedure laid down by legislation; failure to 668 61 submit reports on accounting; refusal to accept waste batteries and accumulators from users

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Number of Number of

inspected detected non- Character of the most frequent non-compliances undertakings compliances Waste battery and accumulator management undertakings Activities in breach of permit conditions, undertakings collected and stored hazardous waste (accumulators, ENTP (electrical and electronic equipment), EEĮ (end-of-life vehicles) without holding the hazardous waste management licence; inappropriate completion of the primary waste accounting registers and the work registers of hazardous waste recovery or disposal undertakings 114 64 concerning waste collection and shipment; infringements of hazardous waste EEĮ management; infringements of the procedure for international waste shipments; belated delivery of the annual report on waste accounting; infringement of the implementation requirements for the measures laid down in the plan for the cessation of waste management activities; failure to implement environmental protection measures

According to the data of the State Non-food Products Inspectorate, no infringements of the provisions of the Directive’s Articles 4 and 21 and no non-compliant batteries and accumulators were found in the period 2009-2012.

Luxembourg: The checks at the airport are carried out autonomously by the customs and excise administration. In two cases, the Administration of the Environment has seized non-consistent imports. The batteries and accumulators were not labelled in accordance with Annex II to the Directive. Furthermore the evidence could not be submitted by the importer with regards to the concentrations of heavy metals.

Malta: Not applicable. The Netherlands: No monitoring has taken place and therefore no cases of non- compliance have been found. Portugal: To date, there are no records of any infringements with respect to the prohibitions established in Article 4 and the labelling referred to in Article 21. However, with regards to the failure to register a registrar with suspected non-adherence to a management entity for the proper management of the respective residues, these situations have been reported to ASAE (Authority for Food and Economic Security), which is the national administrative authority specialized in the field of economic monitoring, as well as IGAMAOT (General inspection of Agriculture, Sea, Environment and Spatial Planning), with expertise in the area of monitoring and inspection activities with environmental impact.

Romania: Cases of non-compliance with the Batteries Directive are identified by: 1) National Consumer Protection Authority:

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a. Infringements relating to the labelling-marking of batteries: approximately 11,600 batteries and accumulators were withdrawn from the market; and b. Infringements relating to the distributors' collection obligations: 2) National Environmental Guard: a. Infringements consisting of the marketing of batteries and accumulators from unregistered manufacturers: 0; b. Infringements relating to the sellers' obligation to apply the 'deposit system' when selling automotive accumulators: 0; and c. Irregularities relating to the collection and temporary storage of waste batteries and accumulators: 0. Slovakia: In the given area no failure to comply was found by the Slovak Trade inspection for the years 2009 - 2012. Slovenia: The market inspectors have so far carried out 72 checks, covering 283 different types of batteries and accumulators as well as devices with batteries and accumulators built in.

Single-use batteries were being sold by a trader out of an unmarked container under its own brand, while in five other cases the symbol on the batteries for single use was too small. For two types of accumulators, the capacity of the electrical source was not indicated.

Six administrative decisions prohibiting the sale of batteries and accumulators were issued by the market inspectors to vendors and initial distributors of batteries and accumulators on the Slovenian market. Regarding identified non-compliances, under the Minor Offences Act, a further three warnings and four reminders were also issued.

The Inspectorate for the Environment and Nature has to a lesser extent carried out checks on the placement on the market and identification of batteries and accumulators. For the subjects inspected, no irregularities were detected.

Spain: To date, no cases of non-compliance with the Directive have been found. Therefore there is no data on the withdrawal from the market of batteries and accumulators that do not comply with the Directive and with the Royal Decree.

Sweden: Recently the Danish authorities inspected a batch of watches and found that none of the tested batteries were compliant because levels of cadmium and mercury were all exceeding the limits. The Swedish Chemicals Agency also conducted similar inspections and has more information available on the results.

The UK: In the period 2011 to 2013, 99 battery samples were submitted for testing of which 29 batteries failed. The main reasons for non-conformity were related to removability and to marking. No batteries tested for chemical composition failed. A specific project was carried out in 2011 to identify any nickel-cadmium batteries

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available for use in non-exempted applications. Two sellers of nickel-cadmium batteries were found where the batteries should not have been made available. Conclusion: With regards to inspection and enforcement in 2010-2012 Member States have reported that they are still in the process of implementing the appropriate systems to ensure monitoring and to establish non-compliance with the Directive. 20 Member States were able to provide details of the inspection and monitoring systems in place or under development in their replies, while a few reported that such systems were not necessary to have (Belgium, Malta and the Netherlands). For Greece it was found that an inspection and monitoring system is currently under development. However even those Member States that do have inspection and monitoring systems in place reported that they found it hard to comply with the requirements for proper labelling. 3.16 Difficulties Implementing the Directive Question (11) (a): Summarise in the first report the main difficulties encountered in implementing the Directive. How were or how can these problems be addressed? In terms of difficulties encountered in implementing the Directive, the replies submitted by Member States are summarised below: Austria: Austria had a Batteries Ordinance in place prior to the implementation of the Batteries Directive, where the collection and the withdrawal of waste batteries and accumulators was the responsibility of private final consumers. Therefore there were no significant issues encountered in implementing the Directive. Belgium: (i) Flemish and Walloon Regions: The definitions for portable and industrial batteries were be difficult to implement in practice, because when batteries are used or exactly when they’re put on the market is not always clear. It would be evident if the definition would indicate a weight limit, or other clearly applicable criteria. Furthermore Article 15 on the output of batteries is difficult to apply because a large portion of the waste batteries are considered as green list wastes and are classified in accordance with Regulation 1013/2006, meaning therefore that they can be implemented without prior notice. If the legislation would provide that all exports of waste batteries is notification requirement, Member States may find it easier to comply. (ii) Brussels Region: The definitions for portable and industrial batteries were be difficult to implement in practice, because when batteries are used or exactly when they’re put on the market, is not always clear. It would be evident if the definition would indicate a weight limit, or other clearly applicable criteria.

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Bulgaria: At the start of the separate collection system for portable waste batteries and accumulators, there were certain difficulties related to distributing the containers at the commercial sites. The amendment of the Waste Management Act in 2010 introduced sanctions to entities selling portable batteries and accumulators, which do not provide room for placing a container for separate collection on the territory of the site and this problem was resolved. By the end of 2012, a total number of 11,541 out of 14, 183 containers for separate collection of portable waste batteries and accumulators were located at the territory of commercial sites. The Czech Republic: The definitions of industrial batteries and accumulators and of portable batteries and accumulators are not completely standardised, which could be problematic, particularly when assessing market withdrawal issues in the case of batteries containing cadmium. However no mention has been made of how this has been addressed.

Estonia: The main challenge was and still is reporting. Specifically how to get reliable data for the calculation of collection rates because it is not possible to get all the information needed about batteries exported from Estonia to another Member State or to third countries. Undertakings have to report to the Estonian Statistic Board their activities if their turnover exceeds at least €125,000. Smaller undertakings may not know that they have to report to the Register of Products of Concern (according to the Waste Act). The second issue was the division of batteries that was required by chemical element. Every Member State has the right to apply whatever reporting system it thinks is needed – some of them ask for the amounts of batteries placed to the market by chemical element and some of them do not. This has been particularly challenging in Estonia because many Member States do not ask for this breakdown by division which has meant that reporting has not been consistent between Member State and disputes with the Register of Products of Concern.

Finland: Illegal and even criminal collection of valuable waste materials is a constant threat for waste management. It is a particular problem with lead acid-batteries, which are the most valuable of all batteries. Both police and customs do their best to tackle those individuals responsible for these kind of activities. On the contrary organisations are very seldom mixed up with such illegal activity. No suggestions have been provided for addressing the problem.

France: In terms of difficulties encountered in implementing the Directive, the key points were: a. The change in the distribution of batteries: according to the previous Directive that was based on the type of user (household / business) whereas the new Directive (2006/66/EC) is based on the use and characteristics of batteries and accumulators (mobile/automotive/industrial). b. Failure to consistently classify between Member States batteries using these three categories. This is potentially unfair for both producers because the

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classification determines the requirements for collection and treatment set to producers. c. With regards to automotive batteries and accumulators, the market value of lead contained in waste batteries makes the implementation of these management requirements challenging for waste producers because the industry is highly competitive and there are many economic actors that want to benefit from selling the valuable material extracted, such as the collection and treatment operators and independent producers. Germany: There were no notable problems with the implementation of the Directive. This is justified by the fact that the Battery Act, which is the national legislation on batteries had already been implemented seamlessly in 2009 under the previous Directive 91/157/ EEG (with changes made by Directives 98/101/EC and 93/86/EEG). However it did identify that the main issues for the future are allowing for recovery of increased numbers of lithium batteries coming on market; to this end, several government funded research projects have been established on recycling efficiency for lithium. It also recognises in its reply that public relations will be important to achieve the last few percentage points needed to reach the 2016 target of 45% collection through take-back systems. More details are provided below. a. Product stewardship: Again the implementation was smooth due to the Federal Ordinance of 1998 which introduced the principle of producer responsibility for all batteries and the batteries containing pollutants. To that extent the legislation for all types of batteries was already in place. b. The population register256 for battery manufacturers (BattG-register), led by the Federal Environment Agency, was in operation since December 2009 and run continuously without any problems. The BattG-register is a Web application. Manufacturers of batteries as defined in the Battery Act are obliged to view their market participation electronically and to make statements. The smooth acceptance and use of the BattG-census meant that there were no issues in implementation of the batteries register. Furthermore a range of informative material already existed including a User Guide and Frequently Asked Questions, as well as lectures, partly in cooperation with the Chambers and the manufacturers association ZVEI. Over 4,800 manufacturers and importers can be found in the BattG-register. c. Collection of waste batteries: In the last ten years the Federal Ordinance established three take-back systems for waste portable batteries, so that collection rates of over 40% could be achieved by 2007. Thus the transition to Battery Act in 2009 took place without any problems. Under the Battery Act there were three take-back systems and now there are four.

256 The Batteriegesetz- Melderegister: https://www.battgmelderegister.umweltbundesamt.de/battg/authenticate.do

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d. Treatment and recycling of waste batteries: In parallel with the establishment of the recording of all waste batteries were also the sorting, treatment and recycling of waste batteries, so that by the entry into force of the Battery Act, sufficient overall capacity for take-back and treatment was already available. The implementation of the disposal ban for industrial and automotive batteries in the Battery Act was in addition to the provisions in the regulations, including the new landfill law implementing the Landfill Directive of 2009. e. Challenges for the coming years: o Lithium batteries: In the last few years new battery systems are growing, and in particular lithium batteries for use in portable batteries and traction batteries. The collection rates are still low due to the delayed implementation of this specific battery system and the volumes being sold being low. A challenge for the next years is how to manage the predicted increase in the quantities of lithium batteries. To increase the recycling efficiencies of the lithium-ion accumulators for example, there have been several research projects funded by the federal government. o Collection 2016: From the reference year 2016 each take-back system for waste portable batteries must have a collection rate of 45%. Since 2007 the collection rates have been over 40 % which means that the 2016 objective is within reach. To achieve this target public relations will play an important role.257 Ireland: Following publication of the EPA’s National Waste Report for 2009 (2011), where it reported concern over Ireland meeting the battery collection targets (as the collection rate was 17% in 2009) the Department of the Environment engaged with the PROs in late February 2011. The schemes were encouraged to contribute substantial funds towards a public awareness campaign to increase collection rates. Individual and joint scheme proposals were initiated in October 2011.

Some initiatives undertaken in 2011 include: a. WEEE Ireland: o WEEE Ireland and the Children’s Sunshine Home incorporating Laura Lynn House set up the Spread a Little Sunshine Campaign which aimed to recycle 4.5 million waste batteries by the end of 2011 as part of this charity initiative. A dedicated website was developed to provide

257 Two examples (the list is not exhaustive): Updating of the Batterie-Broschure of the Federal Environment Agency "batteries and rechargeable batteries - Your questions - our answers to batteries and the environment", ; http://www.umweltbundesamt.de/uba-info-medien/4414.html Education Initiative for kindergartens "inspector" of the Joint Energy Systems GRS batteries, http://www.inspektorenergie.de/

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information on how and where to recycle batteries.258 Advertisement posters and sleeves for battery boxes were made available. The target was reached and WEEE Ireland donated €45,000 to the children’s hospice. The partnership is to continue into 2012. b. ERP Ireland: o Go Recycle and Win is a competition open to primary schools with an aim of collecting over 1 million batteries. Each school is set a target base on the number of students in the school and those who collected above the target are in with a chance of winning an ERP Recycling Party for their school. Teachers where supplied with an educational pack to teach the students on the importance of recycling. 80% of schools in the ERP Ireland collection area participated and the collection target was exceeded. o The collective target was achieved and the campaign was successful. This demonstrates that information and awareness can be effective in increasing the collection target and that PROs can work on an individually and jointly in working towards a common goal. c. In addition in 2011 for automotive batteries WEEE Ireland continued to work closely with Society of Irish Motor Industry (SIMI) which includes advertising in the SIMI newsletter as well as other trade magazines. These advertisements provided information on approved lead acid battery recycler list. To meet the EU collection target of 45% for portable batteries, a combination of additional means will be required. Italy: Council Decision 2009/603/EC establishing requirements for registration of producers of batteries and accumulators only requires the producers of batteries and accumulators to provide registration bodies with the information set out in its Annex and not with data relating to the placing of these products on the market. However, since this data is crucial for assessing the functioning of the collection and recycling system and for verifying the relevant data, it was necessary to amend Legislative Decree No 188/2008, stipulating that data on placing on the market be provided outside of the registration procedure. This has caused considerable delays in the implementation of the Directive and in the collection and processing of data.

Furthermore, it is difficult to quantify waste batteries and accumulators according to their category (portable, automotive and industrial). The European Waste Catalogue (EWC) Codes do not break down waste batteries by types (i.e. lead-acid, nickel-cadmium, etc.) and therefore it is not possible to identify the quantities of each type of battery collected within the different categories. This also has consequences with regards to the gathering and reporting of relevant data. In particular, it makes it difficult to correctly

258 www.spreadalittlesunshine.ie

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identify and quantify waste portable batteries and accumulators, which is necessary for calculating the collection rate.

Lithuania: The collection scheme has been set up and is operative. At the beginning distributors reluctantly accepted waste batteries and accumulators from residents. The problem was addressed by imposing fines for non-observance of the legislation governing the management of waste batteries and accumulators. More serious problems were not encountered.

Luxembourg: There were no major problems in the implementation of the Directive 2006/66/EC as the collection and processing of waste batteries and accumulators was already organized and funded previously by the Luxembourg State. The existing collection systems have been maintained to a very good standards and there’s been acceptance by the population and businesses. The funding is now being provided by the producers or the approved body.

Malta: Malta encountered difficulties mainly related to lack of financial and human resources. With regards to the financial aspect, problems related to the cost of testing involved is being envisaged. The Netherlands: It is difficult to distinguish between different types of lead/acid accumulators, as is registering collection. This can lead to these accumulators being incorrectly classified. Portugal: The main difficulty in implementing the Directive is related to the rate of collection of waste portable batteries demanded. There is a high retention rate, although entities strive to conduct information and awareness campaigns. On the other hand, regarding recycling efficiency, because the Regulation on the calculation methodology is quite recent and not yet in force, these values have been difficult to obtain amongst recyclers, in particular those recyclers which are not Portuguese. A database, for example, could be developed on a Community level in order to overcome this concern.

Romania: From the moment when the Directive in 2008, Romania has acted to ensure appropriate management of waste batteries and accumulators. To improve and achieve the collection rates, the Ministry of the Environment and Climate Change, the collective organisations, the manufacturers and the local public administration authorities run consumer information and awareness campaigns to encourage them to facilitate the collection process.

Slovakia: Since the Slovak Republic does not have a fully transposed Batteries Directive, it has not yet implemented extended producer responsibility, and since data transmission on batteries and accumulators to the competent authorities is not correctly set up, it was difficult to obtain relevant data and verify their validity. Therefore, data on achieved collection targets of portable batteries and accumulators for the years 2011 and 2012 significantly exceeded the limits laid down in Directive 2006/66/EC. We expect that, under

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the proposed amendments to the Waste Act, which fully transposes the Directive into Slovak legislation, problems with data collection will be eliminated, and it will be easier to verify the collected data. Slovenia: The Market Inspectorate of the Republic of Slovenia encountered no difficulties in supervising batteries and accumulators because the operators placing batteries and accumulators on the Slovenian market rectified the anomalies detected.

Spain: The main difficulties encountered in implementing the Directive and the Royal Decree, as demonstrated by the competent authorities in the Autonomous Communities, have been the lack of coordination among the different management systems to ensure that when collection and management networks are introduced, these do not overlap and are sufficiently far-reaching, both as regards to the quantity of containers and the coverage of collection networks operating at municipal or at Autonomous Community level. The Netherlands: The main difficulty was to distinguish between the types of lead/acid accumulators, but no suggestion of how to address the problem is provided. Eight Member States did not provide a reply to this question; these were Cyprus, Denmark, Greece, Hungary, Latvia, Poland, Sweden, and the United Kingdom. 3.17 Administrative Body in Charge of Coordinating Answers to the Implementation Questionnaire Question (11) (b): Indicate the administrative body (name, address, e-mail, other contact details) in charge of coordinating the answers to this questionnaire. Member States replies are summarised below: Austria: Georg Fürnsinn Federal Ministry of Agriculture, Forestry, Environment and Water Management Stubenbastei 5, 1010 Vienna, Austria Email: [email protected] Belgium: Marleen Dirckx OVAM Stationsstraat 110, 2800 Mechelen, Belgium Tel: +32 15,284,534 Email: [email protected] Bulgaria: Ministry of the Environment and Water Sofia 1000 22 Knyaginya Maria Luiza Blvd. Kamelia Georgieva Tel.: +359 2 9406600

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Email: [email protected] Cyprus: Mrs. Athena Papanastasiou Environment Officer Department of Environment Ministry of Agriculture, Natural Resources and Environment Tel.: +357 22 408937 Fax: +357 22 774945 E-mail: [email protected] Website: www.moa.gov.cy/environment The Czech Republic: Marek Livora Ministry of the Environment of the Czech Republic Vršovická 65, 100 10 Prague 10, Czech Republic Tel: +420 267 121 111 | +42 02 67122687 Email: [email protected] | [email protected]

Estonia: Ms Malle Piirsoo Ministry of the Environment Narva mnt 7a, 15172 Tallinn Tel: (+372) 6262859 Email: [email protected]

Finland: Mr. Teemu Virtanen, Senior advisor Centre for Economic Development, Traffic and the Environment for Pirkanmaa PB 297, FIN-33101 TAMPERE Tel: +358 50 4024207 Email: [email protected]

France: Claire Frey Office of the ecological quality of the products, in charge of prevention and REP channels Directorate General of Risk Prevention Ministry of Ecology, Sustainable Development and Energy Arche Nord 92055 La Défense Cedex Tel: + 33 1 40 81 87 8 Email: [email protected]

Germany:

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Regina Kohlmeye Federal Environment Agency (UBA) Department III 1.6 Product Stewardship Wörlitzer Platz 1, D-06844 dessau-rosslau , Tel: ++ 49- (0)340-2103-3320 Email: [email protected]

Mechthild Strobel Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, WA II unit 3 Sectoral Product Stewardship Robert-Schuman -Platz 3, D-53175 Bonn, Tel: ++ 49- (0)99-305-2577, 228 Email: [email protected]

Hungary: Viktor András Kádár, Senior Consultant Directorate for Environmental Development Policy, Waste Management Department Ministry of Rural Development Kossuth tér 11. Budapest, Hungary H-1394 Budapest, Pf.: 351. Tel: 00 36 1 79 52 469 Email: [email protected] Ireland: Niall McLoughlin Department of the Environment, Community and Local Government Newtown Road, Wexford, Ireland Tel: + 353 53 911 7343 Email: [email protected] | [email protected]

Italy: Franco Cristofanelli Sergio – Bisconti Ministry of the Environment, Italy Tel: +39 06 5722 5244 Email: [email protected]

Lithuania: Saulė Deveikytė, Chief Specialist of the Waste Management Division of the Waste Department Ministry of the Environment of the Republic of Lithuania Jakšto g. 4/9, LT-01105 Vilnius Tel: +370 706 63510 E-mail: s.deveikyte@amlt | info@amlt

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Website: www.amlt

Luxembourg: Ministry of Sustainable Development and Infrastructure Administration of the Environment, Waste Division 1, Avenue du Rock'n'Roll L-4361 Esch-sur-Alzette, Luxembourg Email: [email protected]

Malta: Mr. Tristan Camilleri, Director-RAD, Malta Competition and Consumer Affairs Authority Email: [email protected]

Mr. Vincent Cassar, Chairman, Malta Environment and Planning Authority Email: [email protected]

The Netherlands: Rijkswaterstaat (Directorate-General for Public Works and Water Management) A.C.W.M. van den Berghe Croeselaan 15; 3521 BJ Utrecht; the Netherlands Tel: + 31 88 6027908 | + 31 6 1 5887728 Email: guus.vanden. [email protected]

Portugal: Ana Sofia Vaz Rua da Murgueira 9/9A Zambujal - Apartado 7585 2611-865 Amadora PORTUGAL Tel: + 351 214728286 Email: [email protected]

Romania: Sabina Irimescu National Environmental Protection Agency Splaiul Independenţei, nr. 294 Sector 6, Bucharest 060031 Romania Tel: + 40 21 207 11 25 Email: [email protected]

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Slovakia: Eleonóra Suplatová Ministry of Environment of the Slovak Republic Department of Environmental Assessment and Organization Department of Waste Management Nám. Ľ. Stúra 1 812 35 Bratislava Email: [email protected]

Ivana Novikmecová Slovak Environmental Agency Centre of Environmentalists and Informatics Tajovského 28 975 90 Banská Bystrica Email: [email protected]

Slovenia: Dr Lucia Jukič Soršak Ministry of Agriculture and the Environment Dunajska 22 1000 Ljubljana Email: [email protected]

Spain: Rafael Acedo Subdirectorate-General for Waste, Ministry of Agriculture, Food and the Environment Plaza de San Juan de la Cruz s/n 28071 Madrid Tel: +34915976354 |+34913976862 Email: [email protected] | [email protected]

Sweden: Lars Eklund Swedish Environmental Protection Agency 106 48 Stockholm SWEDEN Tel: +46 10 698 1111 | +46 10 698 1224 Email: [email protected] | [email protected]

The UK: Grahame Dovey Department for Business, Innovation and Skills 1 Victoria Street London SW1H 0ET Tel: 020 7215 6187 Email: [email protected]

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Denmark, Greece, Latvia and Poland did not provide a reply to this question in the Implementation Questionnaires 2010-2012.

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4.0 General Conclusions on the Implementation of the Directive

4.1 Identified Limitations of Reporting Despite that fact that Article 22 of the Directive itself requires that Member States report to the Commission on the implementation of the Directive on a three yearly basis via an Implementation Questionnaire format, not all Member States treat this obligation with the same level of due attention. The Implementation Questionnaire aims to set out a framework to capture clear and reliable information regarding the Batteries Directive in each Member State, but given the open-ended nature of most questions, and the lack of detail in terms of what the Commission is expecting to see in each reply makes it often difficult to compare the information provided across Member States. For example, quite a few Member States in response to the question on whether they had exported waste batteries and accumulators between third countries in 2010-2012, responded that they had done so but only between EU Member States. This is not captured comprehensively by the Implementation Questionnaire as it currently stands. As expected those Member States that did not have any treatment or recycling facilities domestically are those which reported that they had exported all of their collected batteries and accumulators such as Cyprus and Hungary. However a number of Member States with treatment facilities domestically have also reported that they have been exporting their waste batteries and accumulators for treatment elsewhere in the EU. Given the limitations in reporting with regards to this question, this could be an area that might benefit from better quality and more comprehensive data in the future. Furthermore, Member State replies vary from the detailed to those which only make reference to national legislation. The majority of Member States tended to report whether measures had been transposed into national law but did not comment on if actions had proved effective or led to improvements in practice. In addition replies were inconsistent in terms of quantifying different aspects of implementation resulting in an inability to compare performance across Member States. In some cases data was missing for certain Member States, and in other cases it was difficult to ascertain what the intended correct reply was. These limitations made comparisons between Member States even more challenging. The most serious issue in this regard was that Denmark, Greece, Latvia and Poland did not submit replies to the Implementation Questionnaires for 2010–2012. A further limitation is that in certain instances questions have multiple parts, yet Member States’ replies ignore whole aspects of the question. For example, very few countries mentioned for how many of the exported waste batteries and accumulators they had sound evidence that the recycling operations took place in the countries they were exported to under conditions equivalent to the requirements of this Directive in line with Article 15 (i.e. Question 7). Similarly Member State replies did not necessarily

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respond to all requirements of the specific article such as Article 21 on labelling (i.e. Question 10(a)). Furthermore some instances of contradictions between the Implementation Questionnaire replies or between these replies and other data sources considered were identified. For example Austria reported in its reply to Question 7 that no waste batteries or accumulators were exported for recovery to third countries when in a previous reply provided a tonnage figure for the amount of portable batteries that were exported. Furthermore, when considering the EPBA study (2013) which provided collection rates for waste batteries and accumulators across the EU27 for 2012, these values were in certain cases different to the figures submitted by the Member States themselves in their replies (i.e. Question 4). There were also Member States with regional differences such as Belgium, where each province has different approaches for the implementation of the Directive. In these cases regional summaries have been given based on the information submitted, although it was not always possible to deal with individual regions in the same level of detail as individual Member States. Finally there were also instances of differing interpretations of questions in the Implementation Questionnaire by Member States. An example is Question 8 (b) which considers the establishment of measures to avoid double charging producers. Some Member States considered that it was compulsory to have such measures in place and went on to describe these, whereas others simply responded that no such measures were necessary. 4.2 Suggestions for Improving Member State Reporting With the aim being to improve the quality of the Member State reporting, the European Commission might consider how best to refine the questions in the Implementation Questionnaire to ensure more comparable replies across the Member States. An example is Question 8 (b) as outlined above. One such revision could be the introduction of a word limit to ensure that all Member States provide comparable levels of detail in their replies. The main limitation of this exercise is that the actual implementation measures on the different points listed in the Questionnaire or, furthermore, the extent to which this implementation indicates compliance with the obligations of the Directive, is not directly assessed. In order for such due diligence to take place, Member States should be required to submit evidence along with their answers to the Implementation Questionnaires. An assessment of compliance could then take place using the Member State replies and the evidence submitted to determine if the obligations of the Directive had been met, allowing scoring Member States according to their implementation status. If this was the case, Member States would be able to submitted additional or even contradictory evidence to refine the assessment for each reporting period.

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4.3 Concluding Remarks This is the first reporting exercise on the implementation of the Batteries Directive and, therefore, there are no references against which comparing progress in implementation across Member States. When considering the main elements of the Batteries Directive as presented in Section 1.1.1, the status of implementation across Member States is summarised below: 1) Transposition - All Member States (28) have reported that they have transposed the requirements of the Batteries Directive into their national legislation, providing the Commission with details on their laws, regulations and administrative provisions transposing its requirements.

2) Environmental performance (Article 9) - Member States (19) have reported that they have taken measures in 2010-2012 to increase the environmental performance of batteries and accumulators, ranging from financial assistance to provisions in legislation regarding economic instruments to be put in place. The extent to which these reported measures have been implemented in practice however is not clear.

3) Collection Schemes and Targets (Article 8 and 10) - Member States (25) have reported that they have set up collection schemes for batteries and accumulators in 2010-2012, of which Romania and Slovakia reported that they are still in the process of making their collection schemes fully operational. - 20 Member States reported collection rates in their replies that were compliant with the requirements of the Directive of achieving a minimum collection rate of 25% by 2012 (this excludes Bulgaria, Cyprus, Malta, Portugal, Romania and the United Kingdom, as well as Croatia which was not required to report and Denmark which did not submit a reply to the implementation Questionnaire 2010-2012);. When considering the EPBA study (2013) however the Member States achieving the target are 24, and the list of Member States that have not met the target were Cyprus, Romania and Malta (Croatia which was not required to report).

4) Treatment and Recycling (Article 12 (1) and Annex III, Part B) - Member States (25) have reported that they have measures in place for treatment and recycling of waste batteries and accumulators in 2010-2012, usually outlined in their Waste Management Plans or national laws. The extent to which these reported measures have been implemented in practice however is not clear. - Considering full implementation of the provisions of the Directive to be 100% recycling of waste batteries and accumulators, only Bulgaria, the Netherlands and Spain reported that rate for all three years (2010-2012), as did Germany for 2011.

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Cyprus, Estonia, Finland, Germany, Greece, Hungary, Luxembourg and Slovenia reported figures for at least one of the three years which was between 50-99% compliance, indicating that these Member States are making progress in meeting the Directive’s provision. The rest of the Member States either did not report any figures or reported tonnes of waste instead of recycling percentages so it was not possible to conclude on whether the Directive’s provision was met. - Considering full implementation of the provisions of the Directive to be achieving and/or exceeding in 2012259 all three recycling efficiency rates outlined by the Directive, this has been reported by Austria, Belgium, Bulgaria, the Czech Republic, Finland (2011), France, Germany, Hungary (2011 for lead-acid and other, not for nickel-cadmium), Ireland, Italy (for lead-acid and other, no data was provided for nickel-cadmium), Lithuania (2011 for lead-acid only), Luxembourg, the Netherlands, Poland, Portugal (2011 for lead-acid only), Slovakia, Slovenia, Spain and Sweden. Croatia, Cyprus, Denmark, Estonia, Greece, Latvia, Malta and the United Kingdom did not report any values at all. Similarly Romania did not report any figures but reported that the minimum targets were met for all three years. 260

5) Disposal (Article 14) - The majority of Member States (25) have reported that they have adopted measures to prevent waste batteries and accumulators from being sent to landfill in 2010-2012, with 11 Member States also reporting that they are putting in place measures that would go over and above the provisions of Article 14. - Some Member States (specifically Finland, Hungary, Luxembourg or Sweden) have not elaborated in their replies on the measures in place or explained how the existing measures are in line with the obligations of the Directive. It is worth noting that despite Member States reporting that they have adopted a series of measures, this does not necessarily mean that these have been implemented on the ground.

6) Exports (Article 15) - From the 12 Member States that submitted replies on their exports of waste batteries and accumulators for 2010-2012, very few reported that they export these waste batteries and accumulators to third countries (2 – France and the UK). - It has been reported however that there is significant movement of waste batteries and accumulators between Member States and that is not always

259 Or the most recent year for which data is available if there was no 2012 figure, as indicated in the brackets. 260 It also excludes Croatia which was not required to provide any data as it did not join the EU until July 2013.

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captured comprehensively in the Implementation Questionnaire as it currently stands. - As expected those Member States that did not have any treatment or recycling facilities domestically are those which reported that they export all of their collected batteries and accumulators such as Cyprus and Hungary. However a number of Member States with treatment facilities domestically have also reported that they have been exporting their waste batteries and accumulators for treatment elsewhere in the EU.

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APPENDICES

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A.1.0 Appendix 1 – Table of Member State Implementation Questionnaires 2010- 2012

Table A. 1: Member State Implementation Questionnaires 2010-2012

Member State Implementation Date received if Questionnaires 2010-2012 available Member State received? (DD/MM/YYYY) (Y/N)

Austria Yes Jun-13

Belgium Yes No date indicated

Bulgaria Yes No date indicated

Croatia Not required n/a

Cyprus Yes No date indicated

Czech Republic Yes No date indicated

Denmark No n/a

Estonia Yes No date indicated

Finland Yes 24/06/2013

France Yes No date indicated

Germany Yes No date indicated

Greece No n/a

Hungary Yes 12/12/2014

Ireland Yes No date indicated

Italy Yes No date indicated

Latvia No n/a

Lithuania Yes 26/06/2013

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Member State Implementation Date received if Questionnaires 2010-2012 available Member State received? (DD/MM/YYYY) (Y/N)

Luxembourg Yes No date indicated

Malta Yes No date indicated

Netherlands Yes No date indicated

Poland261 Yes No date indicated

Portugal Yes 02/07/2013

Romania Yes No date indicated

Slovakia Yes No date indicated

Slovenia Yes 14/01/2010

Spain Yes No date indicated

Sweden Yes No date indicated

United Kingdom Yes 12/07/2013

Percentage received: 86% (24/28)

261 Poland did not submit a reply to the Implementation Questionnaire for the 2010-2012 period but it did provide a fact sheet which answers some of the questions in the Implementation Questionnaire. It was therefore possible to provide replies for Poland on some of the questions in the Implementation Questionnaire but not for all of them.

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