Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of March 22, 1989 is an international environmental agreement that has been signed by practically every country in the world and that regulates the control of cross-border shipments of hazardous waste. The Basel Convention is reflected in the Waste Framework Directive 2008/98/EG and in the associated directives such as the Batteries Directive 2006/66/EG and national legislation (in Germany in the KrWG and in relation to batteries and accumulators in the BattG). Batteries manufacturer definition (see manufacturer definition) B2B or B2C? The B2B or B2C distinction, as laid out in the WEEE Directive 2012/19/EU, does not exist in the language of the Battery Directive 2006/66/EC and its national implementations. The distinction between batteries and accumulators is defined in Articles 3, 3, 5 and 6 of the Battery Directive 2006/66/EC as follows: - Portable batteries and accumulators - Industrial batteries and accumulators - Vehicle batteries and accumulators Brexit The exit of the United Kingdom from the European Union took place on January 1, 2021. Since then, the regulations of the Batteries Directive and the corresponding implementing acts no longer apply there. Due to the early implementation of the Batteries Directive 2006/66/EG in the "Waste Batteries and Accumulators Regulations 2009 (as amended)", which have not been changed since then, the regulations currently continue to apply unchanged. Accordingly, the registration, notification, financing and take-back obligations for manufacturers and distributors continue to exist, just like in an EU member state. Fines in the Batteries Directive Article 25 of the Batteries Directive 2006/66/EC provides for sanctions in the event of violations of the provisions of the directive. Accordingly, in all implementations of the Batteries Directive in the state laws of the member states, there are corresponding regulations according to which administrative offenses are subject to fines. These vary both according to state law and in practice. Such regulations are also in force outside the EU. However, experience has shown that reporting violations are still most frequently punished by the systems themselves. However, these are contractual penalties and not fines in the strict sense.

Battery manufacturer definition 

The definition of the manufacturer results from Article 3, 12 of the Battery Directive 2006/66/EG. Accordingly, a manufacturer is a person in a Member State who, whatever the sales technique, including the means of distance communication, within the meaning of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (1), batteries or accumulators, including batteries or accumulators incorporated in equipment or vehicles, places on the market for the first time in the territory of that Member State.

Central EU Batteries Register 

There is no central European register or EU register. (see also European Batteries Register)

Collective systems/ schemes  for batteries 

The operative take-back of used batteries and accumulators, particularly as part of the municipal disposal of portable batteries, is carried out throughout Europe and worldwide by organizations specially designed for this purpose, so-called collection or collective systems. Some of these systems follow a not-for-profit approach.

Crossed-out wheeled bin on batteries

Article 21 (1) of the Battery Directive 2006/66/EC stipulates that batteries and accumulators must be marked with the symbol of a crossed-out wheeled bin. The symbol is listed in Annex II of the Batteries Directive. In accordance with Article 21 (4) and (5) of the Batteries Directive 2006/66/EC, the crossed-out wheeled bin must cover at least 3% of the largest side of the battery or accumulator (or battery pack), but no more than 5 × 5 cm take in. In the case of cylindrical formats, the symbol must cover at least 1.5% of the surface of the battery or accumulator, but no more than 5 × 5 cm. If the size of the crossed-out wheeled bin is less than 0.5 × 0.5 cm due to the dimensions of the battery, accumulator or battery pack, the battery, accumulator or battery pack need not be marked; instead, the crossed-out wheeled bin can be printed on the packaging with a size of at least 1 × 1 cm.

Extended producer responsibility for batteries and accumulators 

The principle of extended producer responsibility obliges businesses that put batteries and accumulators onto the market to bear the costs for the entire product life phase, i.e. also for the costs of organizing the collection and recycling of batteries and accumulators at the end of their life cycle. The practical implementation of the extended manufacturer responsibility for batteries and accumulators is reflected in the following obligations for the manufacturers: 

- Registration 

- Participation in take-back systems 

- Sales volume reports 

- Payment of disposal contributions 

- Organization of the take-back 

European Batteries Register 

A European batteries register does not exist and therefore also does not exist no registration valid throughout Europe. It remains to be seen to what extent the requirement of the Batteries Ordinance for a register will be implemented accordingly. The tasks are de facto centralized by international service providers. 

European Batteries Directive 

The Batteries Directive only applies within the 27 member states of the EU. Outside of this community of states, however, similar regulations apply, which require the same registration, reporting, financing and take-back obligations from manufacturers and distributors as in an EU member state. This applies in particular to Great Britain, Norway and Switzerland. In addition, there are regulations worldwide that follow principles similar to those of the Batteries Directive and entail the same manufacturer obligations. Examples include Canada, Turkey and Singapore.

FAQ Battery Directive 

The EU Commission has published a document on the Battery Directive 2006/66/EG that answers recurring questions. This document can be viewed here.

Information for users of batteries

Achieving the objectives of the environmental guidelines depends to a large extent on how the users pre-sort the old devices. Therefore, in accordance with Article 20 of Directive 2006/66/EC, users must be informed accordingly about the following points: a) the possible effects of the substances contained in batteries and accumulators on the environment and on human health; b) not to dispose of used batteries and accumulators as unsorted municipal waste c) the take-back and recycling systems available to them; d) their contribution to the recycling of spent batteries and accumulators; e) the meaning of the crossed-out dustbin symbol and the chemical symbols Hg, Cd and Pb. In addition, end-users are requested to remove batteries contained in WEEE. The municipal collection centers, for example, take over this information. In France, these separation instructions are part of the Triman labelling.

Implementation of the Batteries Directive 

The Batteries Directive 2006/66/EG is a European body of law that is transposed by the member states into national law. This means that the Batteries Directive does not apply directly in the area of application of the respective member states, but that special laws must be enacted to ensure the requirements of the Batteries Directive. In contrast, the Batteries Regulation will apply directly.

Labeling of batteries 

The labeling of batteries and accumulators is regulated in article 20 of the battery directive 2006/66/EG. In addition to being marked with the crossed-out wheeled bin (see also "crossed-out wheeled bin"), portable batteries and accumulators must be marked visibly, legibly and indelibly with their capacity (cf. Article 20 (2) of the Batteries Directive 2006/66/EC). According to Article 21 (3) of the Batteries Directive, batteries, accumulators and button cells that contain more than 0.0005% mercury, more than 0.002% cadmium or more than 0.004% lead must be marked with the chemical symbol for the metal in question (Hg, Cd or Pb). The chemical label indicating the heavy metal content must be printed below the crossed-out dustbin symbol; the sign must occupy an area of at least a quarter of the size of the symbol. 

Market surveillance 

The new market surveillance regulation will apply from July 16, 2021. It strengthens the powers of the authorities to take action against distortions of competition and risks to the population. 

Minimum quantities for battery registration 

The Batteries Directive 2006/66/EG does not specify any minimum quantities below which registration would not be necessary (see also Threshold levels for batteries). However, Article 18 (small manufacturers) provides financial relief for manufacturers and distributors of small quantities. However, the extent of a small amount is not quantified ("very small amount"). Notifications for batteries (see sales quantity notifications)

Penalties in the Batteries Directive 

Article 25 of the Batteries Directive 2006/66/EC provides for sanctions in the event of violations of the provisions of the directive. Accordingly, in all implementations of the Batteries Directive in the state laws of the member states, there are corresponding regulations according to which administrative offenses are subject to fines. These vary both according to state law and in practice. Such regulations are also in force outside the EU. However, experience has shown that reporting violations are still most frequently punished by the systems themselves. However, these are contractual penalties and not fines in the strict sense.

Producer responsibility for batteries (see extended manufacturer responsibility)

Placing batteries on the market 

The extended manufacturer responsibility results from the fact that a manufacturer (see manufacturer definition) places his batteries and accumulators on the EU market. According to Article 3 (14) of the Batteries Directive, placing on the market is the delivery or making available for a fee or free of charge to or for a third party within the Community, which also includes import into the customs territory of the Community. The terminology of deployment is not further defined. It is noticeable that the definitions between the Battery Directive 2006/66/EG and the WEEE Directive 2012/19/EU are not congruent. For example, the WEEE Directive 2012/19/EU does not mention deliveries in its definition. In administrative practice, the obligations are often checked on the basis of the invoices issued by the economic operators involved. Accordingly, it is advisable to check both the supply chain and the billing processes with regard to the extended manufacturer obligations and to ensure corresponding registrations. 

Portable batteries definition 

According to Article 3 (3) of the Battery Directive 2006/66/EC, portable batteries or accumulators are batteries, button cells, battery packs or accumulators that are a) encapsulated and b) can be held in the hand and c) which are neither industrial batteries or accumulators nor vehicle batteries or accumulators. The Battery Ordinance will set a weight limit of 5 kg for device batteries.

Registration numbers for batteries and accumulators 

Register and collective systems assign individual numbers after registration. In some countries, these must be printed on invoices and other business documents or published on the website. The authorities and systems as well as envenance GmbH provide information on this.

Removability of batteries 

Article 11 of the Battery Directive 2006/66/EG regulates the removability of batteries and accumulators. Accordingly, the member states of the EU must ensure through appropriate regulations that manufacturers of electrical and electronic equipment design their devices in such a way that old batteries and accumulators can be easily removed. Equipment incorporating batteries and accumulators must be accompanied by appropriate instructions on how to safely remove the batteries and accumulators. However, this does not apply to cases in which an uninterrupted power supply and a permanent connection between the device and the battery or accumulator is required for reasons of safety, performance, medical reasons or for reasons of data completeness. In Article 11, the Batteries Directive is therefore interlinked with the WEEE Directive 2012/19/EU. In case of doubt, removal must be possible by appropriate specialist personnel in the sense of the battery directive. However, the Batteries Ordinance focuses on the ability for the user to remove the battery in order to ensure that material fractions are separated as early as possible. 

Sales volume reports 

The sales volume reports make the obligation of the respective manufacturer and distributor visible and is the basis for calculating the financial commitment contributions. Furthermore, the sales volume reports are the basis for measuring the collection target achievement. Due to the central importance of the sales volume reports for the administration and the processing of the disposal obligations and due to the good measurability, the reporting system is well monitored by authorities and systems. The sales volume reports for batteries and accumulators in Europe follow different cycles and frequencies. A large number of countries only require annual reports for batteries and accumulators, but there are also countries with quarterly or even monthly reports. The registers, systems and envenance GmbH will be happy to provide you with precise information.

Threshold levels for batteries

Article 18 of the Batteries Directive 2006/66/EC provides for a regulation on threshold limits (small producers). Accordingly, there are inexpensive small-volume regulations for registrations, for example in the former EU member state United Kingdom (small producer registrations) and flat-rate settlements for small quantities that are reported to collective systems. The amounts themselves are different for each system and country. However, a registration is mandatory in any case. 

Transboundary shipment of waste

Within the EU, the following regulations apply to the shipment (export, import and transit) of waste:

• Regulation (EC) 1013/2006 on shipments of waste

• Regulation (EC) No. 1418/2007 on the export of certain wastes listed in Annex III or IIIA of Regulation (EC) No. 1013/2006 to certain non-OECD countries

• Guidelines on Regulation (EC) Number 1013/2006

• Correspondence table between customs codes and waste codes.

The ordinances are based on the Basel Convention of March 22, 1989 on the control of transboundary shipments of hazardous waste and their disposal and the decision of the OECD Council on the control of transboundary shipments of waste intended for recovery and implement these directly in applicable Community law .

Accordingly, a transboundary shipment of waste is subject to either

- extensive information requirements or

- the procedure of prior written notification and consent.

Which of the two options is correct depends on

- intended disposal process (e.g. disposal or recycling)

- the country of destination and its regulations

- the classification of the waste

With regard to the waste itself, the waste definition of the Waste Framework Directive 2008/98/EG of November 19, 2008 applies. 

Triman label for batteries 

The French Triman label serves to inform users about the separation of waste and is intended to help achieve the collection targets of the Batteries Directive and other waste directives. The Triman consists of a logo and an area with sorting instructions. The Triman marking has been in force since December 15, 2022, a transitional period until June 15, 2023 applies to the sale of devices that have already been manufactured and are not marked. Despite the proceedings initiated by the EU Commission against the labeling obligation, the Triman regulations continue to apply.

Waste batteries 

According to Article 3 (7) of the Batteries Directive 2006/66/EC, waste batteries or accumulators are those batteries or accumulators that are considered waste in the sense of the Waste Framework Directive 2008/98/EC. The term waste therefore includes any substance or object that its owner discards, intends to discard or is required to discard.

Therefore, old batteries cannot simply be handed over to any collection or freight forwarding company. Waste management regulations must already be taken into consideration when taking back old batteries and accumulators (in Germany, among other legal aspects, the regulations from § 54 KrWG). The transport also has technical requirements, in particular with regard to fire protection when transporting lithium-ion batteries. 

Waste hierarchy 

Article 4 of the Waste Framework Directive 2008/98/EC defines the following waste hierarchy: 

1. Avoidance 

2. Preparation for reuse 

3. Recycling 

4. Other recovery 

5. Disposal