Consorzio EcoR'it - waste to discover and exploit

The law’s definition in Article 2, Paragraph 1, Letter a) is:

«battery» or «accumulator» is any source of electrical energy obtained through the direct transformation of chemicals, made up of one or more primary (non-rechargeable) or secondary (rechargeable) elements

This decree is applied to all the batteries and accumulators placed on the market since 18 December 2008 including those contained in EEE (electrical and electronic equipment) and in vehicles, regardless of the shape, volume, weight, material composition and use for which they are intended.

Batteries and accumulators are excluded from the application of the present decree if they are used in:

1. Equipment connected to the protection of essential national security interests, weapons, munitions and battle material when intended for specifically military ends;
2. Equipment intended to be sent into space.

The parties who will be liable are:

• the producers: the parties liable for the management and financing of the separated collection and waste batteries and accumulators treatment systems.
• the distributors: the parties which, supplying batteries and accumulators to a final user, must make the collection containers available at their sales points, as well as displaying a notice to the public informing them of the dangers to the environment and human health from the disposal of batteries and accumulators outside of the appropriate containers for separated collection.

Starting from 18 December 2008 there is a ban on putting on the market all the batteries or accumulators, also those built into equipment, which contain:

• more than 0.0005 per cent of mercury by weight
• more than 0.002 per cent of cadmium by weight

The ban does not apply:

• to button cells with a mercury content not over 2 per cent by weight
• to portable batteries and accumulators intended to be used in:
  a) emergency and alarm systems, including emergency lights
  b) medical equipment
  c) cordless power tools

Legislative decree no.188/2008 fixes the deadlines for specific bureaucratic and operational measures:

• Register of liable parties:
  • by 18 September 2009 the “Producer” of batteries/accumulators is obliged to enrol in the National register of Producers, at the same time communicating the figures for placement on the market (by weight and number of items).
• Labelling:
  • starting from 26 September 2009 the batteries and accumulators put on the market must carry specific labels of fixed sizes.
    As well as this, starting from 18 June 2009 the equipment in which batteries or accumulators are built in are provided with instructions that show how to remove them safely and that inform the final user about the type of batteries and accumulators built in.
• Treatment and Recycling:
  • by 26 September 2009 the “producers” set up on an individual or collective basis schemes for the treatment or recycling of the waste batteries and accumulators.

The “producer” of batteries/accumulators can be penalized if:

• after 26 September 2009 he puts on the market batteries /accumulators without the crossed-out wheeled bin symbol without having arranged his enrolment on the Register
• by 18 September 2008 he has not communicated the information required by the Register or if he has not communicated it completely or exactly
• starting from December 2008 he places on the market batteries/accumulators which contain mercury and cadmium in percentages above the limits allowed by the legislation.

The “producer” of equipment in which batteries/accumulators are built can be penalized if:

• after 18 June 2009 he does not provide instructions for the safe removal of the waste batteries/accumulators and information about their type

The “distributor” can be penalized if:

• he does not withdraw an end of life battery/accumulator free of charge