Key Benefits:
Regulation of the Minister for Housing, Regional Planning and the Environment of 9 September 2008, No K&K 2008088170, laying down rules for the waste management and use of certain hazardous substances in batteries and accumulators (scheme management batteries and accumulators 2008)
The Minister for Housing, Spatial Planning and the Environment,
Having regard to Directive No 2006 /66/EC of the European Parliament and of the Council of the European Union of 6 September 2006 on batteries and accumulators, as well as waste batteries and accumulators and repealing Directive 91 /157/EEC (PbEU L 266) and the Articles 9.2.2.1 , 10.15 to 10.18 and Point 21.6, sixth paragraph, of the Environmental Protection Act ;
Decision:
For the purposes of this arrangement:
a. battery: source of electrical energy obtained by direct conversion of chemical energy, consisting of one or more primary battery cells, or from one or more secondary battery cells;
b. battery: source of electrical energy obtained by direct conversion of chemical energy, consisting of one or more primary battery cells, or from one or more secondary battery cells;
c. Battery pack: set of batteries or accumulators, which are interconnected or equipped with an outer packaging, which constitutes a single complete unit and is not intended to be partitioned or opened by the end user;
d. Portable battery or battery: battery or battery which:
1 °. is closed,
2 °. hand can be worn, and
3 °. is not an industrial battery or battery or a car battery or battery;
e. Industrial battery or battery: battery or accumulator designed solely for industrial or professional use, or used in an electric vehicle;
f. car battery or battery: battery or battery used for starting, lighting or ignition capability of a vehicle other than an electric vehicle;
g. Equipment: electrical and electronic equipment as specified in Article 1, first paragraph, part d, of the Management Decision for electrical and electronic equipment which can be partly or fully energed by a battery or accumulator;
(h) placing on the market: making available to a third party in the Netherlands, whether for payment or not,
i. manufacturer: the person producing a battery or accumulator;
(j) producer shall mean the first marketing of batteries, accumulators or accumulators, including those incorporated in equipment or vehicles, for professional purposes, irrespective of their sales technology;
k. distributor: the person supplying professional batteries or accumulators to an end-user;
l. waste batteries or accumulators: batteries or accumulators which are waste;
m. 'collection rate' means the percentage obtained by the weight of the waste portable batteries and accumulators which the producer has placed on the market and in accordance with the conditions laid down in Annex II. Article 5, first and fourth paragraphs , collected and collected in a given calendar year, multiplied by three, by the weight of all portable batteries and accumulators which that producer has recorded during that calendar year and the two previous calendar years, respectively. has been market;
n. Recycling as material: after a processing reuse of materials, either for the original purpose or for any other purpose, including not including the recovery of energy;
o. processing: any activity that is subject to waste batteries and accumulators after being transferred to an establishment for sorting, preparing for recycling as material or preparing for disposal;
P. Directive 2006 /66/EC : Directive No 2006 /66/EC of the European Parliament and of the Council of the European Union of 6 September 2006 on batteries and accumulators, as well as waste batteries and accumulators and repealing Directive 91 /157/EEC (PbEU L 266).
This scheme shall not apply to batteries and accumulators which are used in:
a. Equipment used in conjunction with the protection of the essential security interests of the Netherlands or of any of the other Member States of the European Union, arms, munitions and war material, with the exception of non-products which do not have the necessary security; for specific military purposes;
b. Equipment intended for the control of space.
Manufacturers of batteries and accumulators shall take measures:
a. to reduce the harmfulness to the environment of batteries and accumulators throughout its life cycle;
b. to promote the development and placing on the market of batteries and accumulators:
1 °. with the smallest possible quantity of substances which are dangerous to human health or to the environment;
2 °. substances which are as few dangerous as possible to human health or to the environment.
1 It shall be prohibited:
a. Batteries and accumulators containing more than 0,0005% of mercury by weight;
b. Portable batteries and accumulators containing more than 0,002% of cadmium by weight;
to make available to a third party in the European Community, including imports into the customs territory of the Community.
2 [ Red: Expated.]
3 The first paragraph, part b, does not apply to portable batteries and accumulators intended for use in:
a. Emergency and alarm systems, including emergency lighting;
b. Medical equipment; or
c. Any hand-held device that is powered by a battery or accumulator and is intended for maintenance, construction or gardening activities.
4 The first paragraph shall not apply to batteries and accumulators which have been made available to a third party in the European Community, including imports into the customs territory of the Community, before 26 September 2008.
5 The first paragraph, part a, does not apply to round, portable batteries or accumulators with a diameter greater than the height and with a mercury content of not more than 2% by weight used for special purposes and those for 2% October 2015 in the European Community, including imports into the customs territory of the Community, has been made available to a third party.
1 The producer of portable batteries or accumulators shall ensure that there is a collection system which enables end-users to obtain, in their proximity, free of charge at a minimum level of collection in the Netherlands, at least from the point of view of which dispose of portable batteries and accumulators that the producer has placed on the market.
2 A producer shall take into account the population density when implementing the first paragraph.
3 The distributor of portable batteries or accumulators is required to:
a. End-of-life portable batteries and accumulators to be taken free of charge from end-users at the place where the batteries or accumulators are made available or in close proximity;
b. The end-of-life, portable batteries and accumulators taken back in accordance with Section A, shall be issued to the producer who has placed those batteries and accumulators on the market.
4 The portable batteries and accumulators which have been returned by the distributor in accordance with paragraph 3 (a) by the distributor shall be collected from the distributor by the producer, who placed the batteries or accumulators on the market.
5 The manufacturer of industrial batteries and accumulators is required to take back end-of-life industrial batteries and accumulators from end-users.
6 The manufacturer of car batteries or accumulators shall ensure that there is a collection system which allows at least the end-of-life car batteries or accumulators which it has placed on the market to be available to end users in the Netherlands or to an accessible Collection point in their vicinity, collected.
7 The collection, as provided for in paragraph 6, of car batteries or accumulators for private, non-commercial vehicles shall be free of charge.
1 The producer of portable batteries or accumulators shall ensure that he achieves at least a collection rate of 25 annually.
2 The collection rate referred to in paragraph 1 shall be calculated in accordance with the terms of the schedule set out in Annex I to this Regulation. Directive 2006 /66/EC .
1 The producer shall ensure that:
a. There is a system for processing and recycling as material of waste batteries and accumulators;
b. All by him on the grounds of Article 5, first, fifth and sixth paragraphs Batteries or accumulators collected or recovered shall be processed and recycled as material;
c. the distributor according to Article 5 (4) , retrieved portable batteries or accumulators are processed and recycled as material;
d. use in the processing or recycling process as material the best available techniques for the protection of human health and the environment;
(e) processing shall be carried out in accordance with Annex III, Part A, to Directive 2006 /66/EC;
f. Recycling as material shall be carried out according to Annex III, Part B, to: Directive 2006 /66/EC .
2 For the purpose of compliance with paragraph 1 (f), waste batteries and accumulators exported to countries outside the European Community shall not be included, except batteries and accumulators of which the producer can prove that it is not the recycling as material has taken place under conditions equivalent to those laid down in Annex III, Part B, to Directive 2006 /66/EC .
The producer shall ensure that its action for the execution of the Articles 5 and 7 does not cause any trade barrier or distortion of competition.
1 Batteries, accumulators and battery packs shall be marked with the symbol given in Annex II, Directive 2006 /66/EC .
2 The symbol referred to in paragraph 1 shall have a surface area of 3% of the largest surface area of the battery, the battery pack or the battery pack and, in the case of a battery or accumulator circular, of 1,5% of the surface area of the battery or accumulator. The area of the symbol shall not exceed 5 × 5 cm.
3 If the area of the symbol referred to in the first paragraph is less than 0,5 × 0,5 cm, the symbol shall be placed on the packaging. The area of the symbol on the packaging shall be at least 1 × 1 cm.
4 Batteries and accumulators shall be a chemical symbol, if the battery or accumulator contains more than 0,0005% of mercury by weight of mercury, more than 0,002% by weight or by more than 0,004% lead.
5 The chemical symbol referred to in the fourth paragraph shall be:
a. for mercury: Hg,
b. for cadmium: Cd,
c. For Lead: Pb.
6 The chemical symbol referred to in paragraph 4 shall be placed under the symbol referred to in paragraph 1 and covers an area of at least one quarter of the dimensions of the symbol referred to in the first paragraph.
7 Batteries and accumulators, with the exception of industrial batteries or accumulators, shall indicate their capacity.
8 The symbol referred to in paragraph 1, the chemical symbol referred to in the fourth paragraph, and the capacity referred to in the seventh paragraph shall be affixed visibly, clearly legibly and indelibly.
9 The first to sixth and the eighth paragraph, in so far as it concerns the symbol referred to in paragraph 1 and the chemical symbol, shall not apply to batteries and accumulators in the European Community before 26 September 2008, with (i) including imports into the customs territory of the Community.
10 The seventh and eighth members shall not apply to batteries and accumulators in the European Community, including imports into the customs territory of the Community, to a third party for 26 September 2009, in so far as they are concerned. were made available.
1 The manufacturer shall ensure that end-users of batteries and accumulators are fully informed of:
a. the potential effects on human health or the environment of the substances used in batteries and accumulators;
b. the desirability that batteries and accumulators should not be used in household waste;
c. The importance of separate collection of batteries and accumulators;
d. the manner in which the manufacturer complies with the obligations referred to in Article 5, first, fifth and sixth paragraphs , and Article 7, first paragraph, part a ;
e. the meaning of the symbols specified in Article 9 .
2 The distributor of portable batteries or accumulators informs the end user of the possibility of supplying waste, portable batteries or accumulators at the place where the batteries or accumulators are made available or in close proximity of these.
1 The producer shall ensure the financing of all costs associated with the implementation of the Articles 5 , 7 and 10 .
2 By way of derogation from the first paragraph, the producer shall bear the following: Article 1, first paragraph, part j of the Management of electrical and electronic equipment management , no charge for battery or battery charge, built into a device, to the extent that the manufacturer for that battery or battery is intended to Article 11, first paragraph , or Article 12, first paragraph, of that scheme Have taken care of the costs associated with that battery or accumulator.
3 By way of derogation from the first paragraph, the producer or importer shall bear the meaning of Article 1 (c) and (d) of the Decision of Management of the End-of-life Vehicles do not care for the cost for any battery or battery, present in a car wreck as intended in Article 1 (b) of the Decision on the management of end-of-life vehicles , to the extent that the manufacturer or importer is responsible for the implementation of Article 8 (a) and (b) of that Decision Have taken care of the costs associated with that battery or accumulator.
4 The costs referred to in paragraph 1 shall not be shown separately to the end-user when the new portable batteries or accumulators are sold.
The producer shall register with the Minister for Infrastructure and the Environment. This is true if the producer is a communication as intended Article 2, first paragraph, of the Decision on batteries and accumulators 2008 has submitted to the Minister for Infrastructure and the Environment.
1 The manufacturer or producer shall forward to the Minister for Infrastructure and the Environment, before 1 August of the year following the year of entry into force of this Arrangement and thereafter to the Minister for Infrastructure and the Environment, each year before 1 August of each year. previous calendar year of the Articles 3 , 6 , 7 , 10 and 11 and about the amount of batteries and accumulators placed on the market.
2 The manufacturer or producer shall make use of the form set out in the Annex to this Arrangement when submitting the report referred to in paragraph 1.
The Detailed rules for the indication of batteries and accumulators containing mercury, cadmium or lead shall be withdrawn.
Amendment of one of the Annexes to Directive No 2006 /66/EC The provisions of this Regulation shall apply from the date on which such amendment has to be implemented, except where a ministerial order published in the Official Journal of the European Union provides for a change in time.
1 This arrangement shall enter into force on 26 September 2008.
2 By way of derogation from the first paragraph:
a. Act Articles 7, first paragraph, parts a, d and e , and 9, seventh and tenth member , in force as from 26 September 2009;
b. Article 7, first paragraph, part f, and second paragraph , as effective as of 26 September 2011;
c. Article 6 in effect from 26 September 2012.
This scheme is cited as: Battery and accumulator management 2008.
This arrangement will be set out in the Official Journal.
The Hague, 9 September 2008
TheMinister
of Housing, Spatial Planning and the Environment,J.M. Cramer
On the basis of Article 13 of the Conditions of Battery and Battery Management 2008 are you required to provide information about the results of the execution of the Articles 3 , 6 , 7 , 10 and 11 as well as the amount of batteries and accumulators that you have placed on the market in the Netherlands in the year in question. For this purpose, this form is drawn up
The questions referred to in this form must be answered as fully as possible. You should be able to substantiate the quantitative data contained in this report by means of verifiable data. It is possible to consider annual reports of undertakings or waste processors. Attachments can be attached to support your reporting.
The report can also be submitted jointly by more producers and/or manufacturers, for example through a collective implementation organisation, which then reports on behalf of the member participants. Moreover, the obligations under the batteries and accumulators scheme 2008 are not transferred to a collective executive organisation, but will continue to rest on individual producers and manufacturers.
The complete completed form must be sent to SenterNovem with respect to the Counterfeiting of the Waste Management/PBA, Postbus 93144, 2509 AC The Hague. You can also send the form digitally via www.uitvoeringafvalbeheer.nl (via Laws and Rules; Product Decisions). The completed form must be signed. A downloaded form can be sent by mail after signature, or if scanned document is sent by E-mail. The E-mail address is decision@senternovem.nl.
| Company/collective name |
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| Postal address/postal code/place |
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| Telephone number |
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| Fax number |
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| Email address |
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| KvK Number |
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| Case number SenterNovem (if known) |
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| Contact Name |
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| Contact Phone Number |
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| Signer Name |
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| Sign Signer |
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| Signature Date |
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| Signature |
1a. On what year does this report cover and at what period in that year when reporting does not cover the whole year?
Comments: on the basis of Article 13 The scheme shall provide a manufacturer or producer with a report on the implementation of the scheme during the previous calendar year and on the quantity of batteries and accumulators which it has placed on the market. So it is not a question of the year in which you report, but the year that you report.
b. Where the data relate to a part of the year, what is the reason and when will you report on the missing period?
2. Is this the report of an individual producer or of a collective? (tick 1 option)
Comments: The term 'producer' means the person who is the producer who first places batteries or accumulators on the market for the first time. It concerns the Dutch market. A manufacturer and an importer of batteries or accumulators may be considered to be producers within the meaning of the scheme if they place the batteries or accumulators first on the market.
(3) Where it is a report of a collective implementation organisation, please give the names, addresses and KvK numbers of the member producers. If desired, a separate list can be attached.
4. Did you produce batteries or accumulators in the Netherlands during the reporting year? (tick 1 option)
Comments: If yes, you should also answer the question of prevention (see question 6).
Have you brought batteries or accumulators as the first professional to the Dutch market during the reporting year? (tick 1 option)
b. If so, please tick the kind (s) of batteries and accumulators (multiple options as possible):
6a. What measures have you taken to reduce the harmful effects on the environment of batteries and accumulators throughout their life cycle? When is this done, or before when is this planned?
b. What measures have you taken to promote the development and marketing of batteries and accumulators with the smallest possible quantity of dangerous substances, and substances which, by their very nature, are as dangerous as possible to the products concerned. human health or the environment?
c. What was the result of the measures taken?
Comments: These questions (a, b, c) are only to be answered by manufacturers of batteries or accumulators (you have answered question 4) and are related to measures taken during the reporting year ( Article 3 of the scheme).
7. Indicate how many batteries and accumulators (in kg) you have placed first on the Dutch market during the reporting year.
Comments: portable batteries and accumulators incorporated in appliances should be included in the figures of the batteries and accumulators that you have placed on the market in the Netherlands.
Quantities (kg) of portable portable batteries and accumulators put on the market in the Netherlands
Quantities (in kilograms) of industrial batteries and accumulators put on the market in the Netherlands
Amounts (in kg) of automotive batteries and accumulators put on the market in the Netherlands
8. Indicate how many batteries and accumulators (in kg) you have collected or taken (in the Netherlands) during the reporting year.
Comments: portable batteries and accumulators incorporated in appliances should be included in the collection figures.
9. What collection rate did you reach in the reporting year?
Comments: This question relates to Article 6 of the scheme and should only be answered in relation to portable batteries and accumulators. The question must be answered for the first time in relation to the 2012 reporting year. For the calculation of the collection rate the methodology set out in Annex I to the Directive should be used. This means that the collection rate in a given year is equal to three times the collection in the year in question, divided by the sale in the year in question plus the sale in the two preceding years.
10. indicate the percentages for recycling as material for the processing of the batteries and accumulators collected or seized during the reporting year.
Comments: This question relates to Article 7, first paragraph, part f , from the scheme (at least to be obtained percentages related to recycling as material). You must be able to substantiate the figures with evidence.
Type of battery or accumulator
Percentage of recycling achieved as material
| Portable batteries and accumulators |
Nickel-cadmium |
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| Lead acid |
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| Other |
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| Industrial batteries and accumulators |
Nickel-cadmium |
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| Lead acid |
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| Other |
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| Car batteries and accumulators |
Nickel-cadmium |
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| Lead acid |
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| Other |
11a. What did you do to inform end-users of batteries and accumulators of the possible health effects and environmental impacts of the substances used in batteries and accumulators, the importance of separate collection and reduction of batteries and accumulators in the residual waste trap, and the meaning of the symbol of the cross-crossed clickbox?
Comments: The question refers to all types of batteries and accumulators ( Article 10, first paragraph, parts a, b and c , from the scheme).
b. What have you done to inform the end-users of batteries and accumulators of the location of collection and intake points for discarded portable batteries and accumulators and end-of-life automotive batteries and accumulators?
Comments: The question applies only to portable batteries and accumulators, and to car batteries and accumulators ( Article 10, first paragraph, part d , from the scheme).
12. How do you ensure the financing of all the costs associated with the implementation of the obligations applicable to you?
Comments: The question relates to: Article 11, first paragraph -From the scheme. It is a question of financing the Articles 5 , 7 and 10 the obligations set out in the scheme (intake, processing, recycling and other waste management, and information).
