Waste Batteries and Accumulators Regulations 2009
What this means for your business
- Enforced by
- Environment Agency, OPSS, NRW
- Applies to
- United Kingdom
- On this page
- 45 compliance obligations, 1 practical guide
What you must do
45 compliance obligations under this legislation.
Appointments 1
Get regulator approval before delegating signing authority
If you need someone else – either inside or outside your business – to sign documents or information required by the Waste Batteries and Accumulators Regulations, you must first obtain written approval from the appropriate authority. You’ll need to fill in a prescribed form, wait for the authority’s decision (usually within 28 days), and obey any conditions they attach. The delegation can be withdrawn, so you must keep the approval on file and stop the delegate when a withdrawal notice is served.
Management duties 9
Accept waste portable batteries at no charge
If your business runs a battery compliance scheme and provides a collection facility, you must take any waste portable batteries that are brought to your site and you cannot charge a fee for receiving them. This ensures that waste batteries can be collected and recycled without cost barriers.
Arrange free collection of waste batteries within 21 days
If you run a battery compliance scheme and a distributor asks you to collect waste portable batteries they have taken back, you must organise the collection within 21 days and do it at no charge to the distributor. The collection must be carried out in a reasonable time.
Collect waste automotive batteries and publish collection request details
If you place new automotive batteries on the UK market, you must offer free collection of the batteries when a final holder asks for it, and you must tell them how to make that request. You also have to publish this information in a way that final holders are likely to see, by the set deadline each compliance period.
Comply with conditions of approval for battery treatment or export
Unlimited fineIf your business is approved to treat waste batteries or to export them, you must follow the specific conditions set out in Schedule 4 of the Regulations. This includes the basic conditions in Part 2 and, where you issue battery evidence notes, the extra conditions in Part 3 (for on‑site treatment) or Part 4 (for export). You must keep records that show you are meeting those conditions.
Deliver waste batteries to approved treatment or export facilities
If you run a battery compliance scheme, you must make sure that every waste battery you collect is sent either to a UK‑approved treatment and recycling operator or to an approved exporter for treatment abroad. You cannot keep the batteries in storage or send them to an unapproved handler.
Ensure waste batteries are sent to an approved recycler or exporter
Unlimited fineIf your business makes industrial or automotive batteries, any waste batteries you take back must be handed over to a licensed treatment operator in the UK or an approved exporter for overseas recycling. You need to arrange the delivery and keep proof that the batteries were accepted by the approved party.
Maintain compliance to keep battery scheme approval
If you run a battery compliance scheme you must follow every condition set out in regulation 52 and only give correct information when you register, notify or apply for approval. Supplying false or reckless information, or breaching a condition, can lead the authority to withdraw the scheme’s approval, which would disrupt your business. The authority will give you written notice and you may have a right to appeal.
Manage recycling and quarterly reporting of waste portable batteries
If your battery‑producer approval has been withdrawn and you have not joined another approved scheme, you must make sure any waste portable batteries you collect are sent to an approved recycler or exporter, keep written records of the amounts and chemistry for four years, and send signed quarterly reports to the authority showing how many batteries you put on the market and how much waste you collected and delivered.
Provide free take‑back for waste industrial batteries and publish details
If you place new industrial batteries on the UK market, you must collect any used batteries from your customers for free, as long as they can’t return them to another producer. You also need to make clear, easily accessible instructions (including the battery chemistry) on how customers can ask for this service, and publish these instructions before the compliance period starts.
Notifications 2
Apply to extend export approval to a new site
If you export waste batteries and want to add another location to your approved list, you must send a written application to the relevant authority. The application must include the information set out in Schedule 4, be signed by an authorised person, and be paid for. The authority will reply in writing within 12 weeks.
Notify authority of any change to your battery producer registration within one month
If your business’s details on the battery producer register change – for example you move address, change contact details, or stop producing batteries – you must tell the appropriate authority within a month. The notification must be in writing, signed, use the approved format and include your name and registration number (and proof of scheme approval if you’re a scheme operator).
Other requirements 3
Comply with enforcement notice and prove compliance
Unlimited fineIf the Environment Agency, SEPA or any enforcement authority thinks you’re not following the battery waste rules, they can serve you an enforcement notice. The notice will tell you exactly which rule you’re violating and give you a deadline to either correct the problem or provide evidence that you’ve met the requirement. If you don’t comply in time, you could be prosecuted and face an unlimited fine.
Declare your battery producer registration number to customers
If you manufacture or import batteries and are registered under the Waste Batteries and Accumulators Regulations, you must give the registration number to anyone you sell or supply batteries to in the UK. This means the number should appear on invoices, packaging, labels or any other sales material each time you sell batteries.
Do not separate collection and recycling costs on battery sales
Unlimited fineWhen you sell a new portable battery, you must show the price as a single amount. You cannot break out or display a separate charge for collecting, treating or recycling the waste battery. The total price you charge the customer should include those costs but not be shown as a distinct line item.
Payments and fees 1
Finance the collection and recycling of portable batteries you sell
If your business puts portable batteries on the UK market, you must pay your share of the costs for collecting, treating and recycling the waste batteries that are collected in the UK. Small producers are exempt, but otherwise the cost must be covered each compliance period.
Offences and prohibitions 1
Fail to comply with battery waste regulations
Unlimited fineIf you are a battery producer, scheme operator, distributor, approved treatment operator or exporter, you must follow a long list of duties – registration, reporting, record‑keeping, financing, take‑back, collection and more. Breaching any of those duties, giving false information, or obstructing an enforcement officer is a criminal offence. Conviction can lead to an unlimited fine and possibly imprisonment, tried in either the Magistrates' Court or Crown Court.
Record keeping 5
Keep batteries evidence notes in the approved format
Unlimited fineIf your business handles batteries or battery waste, you must keep a record – called a batteries evidence note – for every piece of battery waste you deal with. The regulations say the Secretary of State will approve a specific format that you should follow when creating these notes. This is part of your overall waste‑recording duties.
Keep battery treatment/export records for four years
If your business is an approved battery treatment operator or an approved battery exporter, you must keep the records needed to complete the required reports for each approval period. Those records have to be retained for four years and must be shown to the regulator if they ask for them.
Keep records of batteries placed on the market and waste collected
If your business produces industrial or automotive batteries, you must keep written records of how many tonnes you put on the UK market each year and how many tonnes of waste batteries you collect and send for recycling. The records must break down the amounts by battery category and chemistry and be kept for four years, ready to show the government if asked.
Keep records of portable batteries placed on the UK market
If your business produces portable batteries and puts them on the UK market for the first time, you must write down how many tonnes you have placed overall and how many tonnes of each chemistry type. Keep those records for four years and show them to the regulator if they ask.
Keep records of waste batteries you collect and deliver
If your business runs a waste battery collection scheme, you must write down how many tonnes of portable batteries you collect and hand over for treatment or recycling, broken down by battery chemistry. Keep those records for four years and be ready to show them to the regulator if asked.
Registration and licensing 10
Apply for approval of your battery compliance scheme
If you run a scheme to collect or treat waste batteries, you must send a written application to the regulator within the set window for the relevant compliance period. The application must contain the required information, be signed by an authorised person and include the application charge. You can apply later only if a battery producer notifies the regulator of its intention to join your scheme, and then you must apply within 28 days of that notice.
Apply for approval to operate a battery treatment site or export waste batteries
If your business wants to treat waste batteries on a site or export them, you must submit a formal application to the relevant authority. The application must be a signed written document, include all the information set out in the Regulations, be in the prescribed format, and be paid for with the required charge.
Apply to get approval for your battery waste scheme
If you want to set up a battery waste scheme, you need to go through a formal application process. The scheme will only be approved if you meet the conditions set out in the regulations and give the regulator the information they want. If you comply, you get approval; if not, your application will be rejected.
Apply to register as a producer of industrial/automotive batteries
If your business puts industrial or automotive batteries on the UK market for the first time after 15 October 2009 and you are required to register under regulation 42, you must send a registration application to the Secretary of State within 28 days. The application must be a written, signed document, follow the prescribed format and contain all the information set out in Schedule 2.
Join a new battery compliance scheme when the old one is withdrawn
If you place batteries on the UK market and you are told that the battery compliance scheme you belong to has lost its approval, you must act quickly. Within 42 days you must either sign up to another approved scheme or tell the regulator you plan to join a new (proposed) scheme. If you give notice of intention, you then have 28 days from the regulator’s reply to actually become a member of a scheme.
Register as a producer of industrial or automotive batteries
If your business puts industrial or automotive batteries on the UK market for the first time after 16 Oct 2009, you must register as a producer with the Secretary of State. You can skip registration only if you’re already on the statutory register, are covered by a compliance scheme that handles registration for you, or you’re a small producer registering under a separate rule.
Register as a producer of portable batteries
If your business makes or sells portable batteries, you must register with the relevant authority. You need to submit a complete application, prove you meet the technical and safety checks (regulation 27) and that you aren’t already registered. The authority will then write to you with a registration number within 28 days.
Register your business as a battery producer
If your company makes, imports or sells batteries or accumulators, you must register as a battery producer. You can only do this if you’re not already registered under a compliance scheme and you’re not listed on the waste‑battery register. Once you apply, the Secretary of State will confirm in writing and give you a unique registration number.
Register your business as a battery producer and keep details updated
Unlimited fineIf you make or import batteries or accumulators in the UK, you must apply to the appropriate authority (e.g. the Environment Agency) to be listed as a producer. Your details must stay current and you must not remove your name from the register until any cease‑production period has finished.
Submit a correctly‑formatted registration application for batteries
When you want to register as a battery compliance scheme member or as a small producer, you must send a written application that is signed by the right person, follows the template published by the authority, and contains all the details set out in Schedule 2 for each producer. If you are registering a scheme member you also need to attach proof that the scheme has been approved under regulation 49.
Reporting and filing 13
Provide and update information for battery compliance scheme
You must give the battery compliance scheme operator any information they ask for, sign it, and tell them in writing of any important changes within 14 days. This keeps your record‑keeping, reporting and registration duties up to date.
Provide data on portable batteries and respond to regulator notifications
If you make or import portable batteries for the first time in the UK, you must give the regulator the information it asks for about how many tonnes you sold or supplied in 2009, and any missing data. The regulator will then calculate your share of the battery‑recycling costs and notify you by 31 March each year. You have 14 days to reply with any corrections or objections to that share.
Provide market and waste data on portable batteries to the regulator
If your business places portable batteries on the UK market or runs a battery compliance scheme, you must supply the regulator with figures on how many new batteries you put on the market and how much waste you collect each reporting period. This data is used to produce public statistics on battery sales and collection.
Provide requested information for battery scheme applications
If you submit an application for approval of a battery compliance scheme, the authority may ask for extra information. You must supply the details they request by the deadline they set (usually by 31 August before the compliance period or within 42 days of the notice). Failing to do so could delay or block your application.
Report annual waste battery volumes to the Secretary of State
If your business makes or puts industrial or automotive batteries on the market, you must tell the government each year how many tonnes of waste batteries you have taken back or collected and then sent for recycling. The report must break the figures down by battery type and chemistry and be submitted by 31 March after the reporting year.
Report portable battery volumes placed on the UK market
Unlimited fineIf your business is a small producer of portable batteries, you must tell the Environment Agency (or the relevant authority) how many tonnes of batteries you have first placed on the UK market. The report must break the total down by chemistry type, be signed, follow the authority’s prescribed format and be sent with any required charge payment. You need to submit this each year by 31 January (the first report was due by 31 January 2010 for 2009 data).
Report quantities of portable batteries placed on the UK market
If your business runs a battery compliance scheme, you must send the authority a written, signed report showing how many tonnes of portable batteries each scheme member has first placed on the UK market. The report must break the totals down by chemistry type, use the prescribed format, and be submitted by the required quarterly deadlines (and a one‑off deadline for 2009 data).
Report quarterly waste battery collection and delivery totals
If your business runs a waste‑battery collection scheme, you must submit a written report each quarter showing how many tonnes of portable waste batteries you collected and delivered for recycling (including those sent abroad). The report must be signed, break the totals down by battery chemistry type, and follow the format the authority publishes. It must be sent to the authority by the end of the month after the quarter ends.
Report tonnes of industrial/automotive batteries placed on UK market
If your business produces industrial or automotive batteries, you must tell the Secretary of State how many tonnes you have put on the UK market for the first time. The report must break the amounts down by battery category and chemistry type and be submitted using the prescribed format and deadlines.
Submit annual compliance declaration and battery evidence notes
If you run a battery compliance scheme, you must send a written, signed declaration of compliance together with copies of all battery evidence notes you’ve collected for the reporting period to the relevant authority. This must be done each year by 31 May following the period you’re reporting on.
Submit annual compliance declaration and battery records
If your business places batteries on the market and isn’t already part of another battery compliance scheme, you must send a written, signed declaration that you’ve met all waste‑battery requirements, together with copies of the evidence notes for the period, to the relevant authority by 31 May each year.
Submit quarterly/annual waste‑battery reports
If your company is approved to treat or export waste batteries, you must send written reports to the regulator. For portable batteries you report each quarter, sending the report by the last day of the month after the quarter ends. For industrial and automotive batteries you report once a year, sending the report by 31 January following the reporting period. The report must contain the tonnes of batteries accepted, treated, exported and break the figures down by site, battery type and chemistry.
Tell customers your battery registration number
If your business manufactures or otherwise produces batteries and is registered with the Secretary of State, you must give the registration number to anyone you sell or supply batteries to in the UK. This means you need to include the number on invoices, contracts or any other communication with customers.
Penalties for non-compliance
8 penalties under this legislation. 8 carry an unlimited fine.
Comply with conditions of approval for battery treatment or export
Unlimited fine
Ensure waste batteries are sent to an approved recycler or exporter
Unlimited fine
Comply with enforcement notice and prove compliance
Unlimited fine
Do not separate collection and recycling costs on battery sales
Unlimited fine
Fail to comply with battery waste regulations
Unlimited fine
Keep batteries evidence notes in the approved format
Unlimited fine
Register your business as a battery producer and keep details updated
Unlimited fine
Report portable battery volumes placed on the UK market
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
95 classified provisions from this legislation.
Duties 58
- s.7 Financing: portable batteries
- s.11 Information provided to operators of battery compliance schemes material change
- s.12 Record keeping
- s.13 Reporting: portable batteries placed on the market by a small producer
- s.15 Duty to join another scheme on withdrawal of approval
- s.16 Treatment, recycling, record keeping and reporting after withdrawal of scheme approval The producer
- s.17 Duty of the appropriate authority to determine and notify producer's share
- s.18 Declaration of compliance by producer
- s.20 Duty of the appropriate authority to determine and notify scheme operator's aggregate share of costs
- s.21 Treatment and recycling A scheme operator
- s.22 Record keeping
- s.23 Reporting: batteries placed on the market by scheme members
- s.24 Reporting: waste batteries
- s.25 Declaration of compliance by battery compliance scheme
- s.27 Form of an application to register scheme members or a small producer
- s.28 Duties of the appropriate authority in relation to applications to register producers of portable batteries
- s.29 Notification of changes to registration details
- s.30 Declaration of battery producer registration number person
- s.32 Distributor's right to request collection of waste batteries battery compliance scheme
- s.33 Right of economic operators to participate in collection, treatment and recycling schemes
- ... and 38 more duties
Powers 7
Definitions 11
- Schedule 1 Information and declaration to be included in a declaration of compliance by a producer
- s.2 Interpretation
- Schedule 3 Approval of proposed schemes a scheme information campaign
- s.4 Service of documents
- s.5 Signature of documents: meaning of appropriate person appropriate person
- Schedule 6 Register of producers
- s.19 Financing: portable batteries
- s.37 Alternative financing agreements
- s.56 Prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration
- s.61 Effect and consequences of a grant of approval
- s.88 Powers of entry and inspection
Exemptions 6
- s.9 Duty to be a member of a battery compliance scheme
- s.10 Effect of membership of a battery compliance scheme
- s.26 Registration of producers of portable batteries
- s.31 Take back
- s.44 Notification of changes to registration details
- s.57 Requirement for approval of battery treatment operators and exporters