Consorzio EcoR'it - waste to discover and exploit

The measures entered into force on 18-12-2008.

The decree governs the placement on the market of batteries accumulators as well as the collection, treatment, recycling and disposal waste batteries and accumulators , to promote a raised level of collection and recycling.

The directive sets out collection targets that have to be reached on a national level:

• collection of at least 25% of the portable batteries used annually in each member State by 2012, reaching 45% by 2016.
• obligation to recycle all the collected batteries (with possible postponements for hazardous portable batteries);
• limitations on the use of mercury in all batteries and on the use of cadmium in portable batteries;
• ban on the disposal in tips or through incineration of industrial batteries or automotive batteries;
• the adoption of specific requirements for the recycling processes of the battery types (obligation to satisfy agreed efficiency levels);
• obligation for battery producers, in compliance with the producer responsibility principle, to finance the the costs of the collection, treatment and recycling of the used batteries.

The measures of the decree applied to batteries and accumulators defines them as:

Any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable)

independently of the form, volume, weight, material compositione material or the use for which they are intended, including those contained in the equipment.

Batteries and accumulators are included (Article 2, Paragraph 1 of d.lgs. no. 188/2008) which fall in the categories identified in Annex III Table 1:

The measures contained in the decree are intended for (as a guideline):

Go to the detailed sections producer ± distributor

The legislative decree 188/2008 includes the following institutions:

• National register of parties liable for financing– ex Article 14
  Set up by the Ministry of the Environment, the register gathers the data relating to the quantities of batteries and accumulators placed on the market.
  
  Enrolment on the register is compulsory for all producers of batteries/accumulators.
  
• National Batteries and Accumulators Coordination Centre (CCNPA) ex Articles 16, 17
  The Coordination centre was set up within the context of the Batteries and Accumulators Forum on the initiative of Confindustria ANIE which represents the companies producing batteries and accumulators on a national level, covering more than 90% of the market.
  
  The decree sets out that the collection and disposal of waste batteries are organized by the producers, on an individual or collective basis, assigning the coordination centre (CCNPA) with the task of harmonizing activity, guaranteeing that collection and disposal are ensured over all the country.
  
  The CCNPA pools together the majority of lead, industrial and ignition battery producers, as well as the main collective schemes – including ecoR’it – represents most of the portable battery and accumulator producers.
  For information: www.ccnpa.it
• Supervision and Control Committee – ex Article 19
  The committee already set up under the terms of the decree no. 151/2005 (WEEE), also takes on the functions of the Supervision and Control Committee for the management of batteries and accumulators and their waste.
  
  The committee ensures the unified policy-making and coordination of the waste batteries and accumulators management activities and reports annually to the Ministry of Environment.
  
  It has the role of supervising the enactment of the decree, encouraging and guaranteeing its uniform application and its enacting measures.

The decree 188/08 in Articles 9, 22, 23 draws attention to some important measures concerning the information/labelling to be included in the appliances containing batteries/accumulators or be directly attached to the body of the batteries themselves

• Article 9 – Removal of batteries/accumulators – – sets out that:
  The appliances containing batteries and accumulators should be designed in such a way that the waste batteries and accumulators can be easily removed. Starting from 18 June 2009, the appliances in which batteries or accumulators are incorporated should be supplied instructions that show how to remove them without risk and inform the end user about the type of batteries and accumulators that are incorporated.
• Article 22 – Notices for end users – sets out that:
  The distributors of portable batteries or accumulators should prominently display, near the sales desk, with clearly legible characters, a notice to the public indicating that waste portable batteries or accumulators can be left at their sales points. The notice should also explain the dangers and damage to the environment and human health from the disposal of batteries and accumulators outside the appropriate containers for the separated collection. It should also explain the meaning of the symbols on the batteries and accumulators under the terms of this decree.
• Article 22 – Labelling – sets out that:
  By 26 September 2009 all batteries, button cells, battery packs, accumulators must be marked by the symbol of separated collection (crossed-out wheely bin – shown on the right) or on the body itself of the battery or its packaging (if the battery is of less than 5mm2).²).
  
  In addition to the symbol of separated collection batteries, accumulators and button batteries must carry the Hg chemical symbol when they contain more than 0.0005% of mercury, the Cd chemical symbol when they contain more than 0.002% of cadmium, and the Pb chemical symbol when they contain more than 0.004% of lead:
  
  The marking must be carried out by the manufacturer or his representative in Italy or, in the absence of these parties, by the party in charge of the placement on the national market.

Article 25– Penalties – sets out that in cases of:

• placement on the market of batteries/accumulators lacking the crossed-out wheely bin symbol or with non-compliant symbols:
  the producer is punished with an administrative penalty of between €50.00 and €1,000.00 for each battery
• placement on the market of batteries/accumulators without being enrolled on the National Register:
  the producer is punished with an administrative penalty of between €30,000.00 and €100,000.00
  
• absence of communication, or incomplete or inexact communication, of the information in Article 14 Paragraph 2 to the national register within the deadlines set by the decree:
  the producer is punished with an administrative penalty of between € 2,000.00 and € 20,000.00
  
• placement on the market of batteries/accumulators containing more than 0.0005 per cent of mercury by weight and/or more than 0.002 per cent of cadmium by weight:
  the producer is punished with an administrative penalty of between €100.00 and €2,000.00 for each battery
  
• absence of instructions for the safe removal of batteries/accumulators within the equipment:
  il Produttore di tali apparecchi the producer of this equipment is punished with an administrative penalty of between €2,000.00 and €5,000.00
  
• absence of withdrawal, free of charge, of a battery or accumulator:
  the distributor is punished with an administrative penalty of between €30.00 and €150.00 for each battery not withdrawn or withdrawn for a fee
• absence in the sales points of notices to the public concerning the collection of waste batteries:
  the distributor is punished with an administrative penalty of between €500.00 and €2,000.00

The “producers” must take on the overall expense of all the duties involved in the collection, treatment and recycling of batteries and accumulators whether these are portable, industrial or automotive, whenever placed on the market.

The legislation also excludes the possibility of externalizing the costs by invoice, as penalised in Article 13 Paragraph 5:

The costs of the collection, treatment, and recycling are not indicated separately to the end users at the time of sale of new portable batteries and accumulators.

The cost entries planned for the “producer” can be summed up as:

1. costs of the collection, treatment, recycling: not yet defined by the legislator
2. fees for enrolment on the Producers’ Register: € 168.00 + € 14.62
3. costs of the coordination centre and the Supervision and Control Committee: not yet defined

The costs of taking part in a collective scheme should be added to the listed entries, if the producer decides he wants to use the related services.

For the purposes of the waste batteries and accumulators management system taking part in a collective scheme (consortium) is not compulsory.

The legislation on batteries/accumulators actually offers the producer the option of deciding whether to organize and incur the costs of the batteries and accumulators collection systems on the alternative bases of:

• individual – by enrolling directly at the coordination centre and organizing himself an adequate network of service providers
• collective – by joining a consortium

For its members consorzio ecoR’it is the solution that provides, at limited cost, convenient help and ever knowledgeable support in order to respond correctly to the fulfilments required by the legislation.

Contact us if you would like more detail on the ways of enrolling in Consorzio ecoR’it.