Regulation (2008:834) On Producer Responsibility For Batteries

Original Language Title: Förordning (2008:834) om producentansvar för batterier

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:834

section 1 of this regulation are notified



1. with the support of the 15 Cape. section 6 of the Environment Act in respect of 14-20 and

32 sections,



2. with the support of the 15 Cape. section 7 of the environmental code in terms of 12, 13,

21-22 c and 32 sections,



3. by virtue of section 2 of the Act (1990:1332) on charges for

environmentally damaging batteries in terms of sections 24 and 25, and



4. Moreover, pursuant to Chapter 8. section 7 of the Constitution.

Regulation (2013:61).



Definitions



paragraph 2 of this regulation,



battery: a source of electrical energy that consists of one or

number of battery cells and where the energy generated by direct

conversion of chemical energy,



industrial battery means a battery that is designed exclusively for

industrial or other commercial use, or that

used in electric vehicles,



car battery means a battery that is designed to be used to

an automotive starter, lighting or ignition power and

is not an industrial battery, and



portable battery means a battery that is sealed and portable and

is not an industrial battery or car battery.



section 3 of this regulation,



producer: the one by professional assign or

otherwise provide professional a battery inside out

the battery for the first time on the Swedish market, and



collection systems: systems that the producer maintains or

is connected to and fro waste batteries can

left on the producer's behalf are transported away and

recovered or disposed of.



3 a of with recovery referred to in this regulation cover a handling

that means that the waste will be useful as a replacement for

other materials, is prepared to come to such a benefit

or are being prepared for reuse. With recovery means

not, however, energy recovery. Regulation (2013:61).



paragraph 4 With battery directive as referred to in this regulation

European Parliament and Council Directive 2006/66/EC of 6

September 2006 on batteries and accumulators and waste

batteries and accumulators and repealing Directive

91/157/EEC.



Moreover, paragraph 5 of the terms and expressions in this regulation the same

meaning as in chapter 15. environmental and waste regulations

(2011:927). Regulation (2011:1006).



The aims and objectives



paragraph 6 of this regulation aims to batteries shall be designed and

be prepared in such a way that the origination of waste

can be prevented and, in the case of the waste that still arise, to

producers to provide systems for the collection of

the waste, the batteries can be recovered and that the

the target for the collection, disposal and recycling, in particular, to

is reached.



section 7 of the regulation's objectives for the collection is



1. that 95 per cent of the total number of sold cars and

industrial batteries containing lead are collected,



2. that 95 per cent of the total number of sold cars and

industrial batteries that do not contain lead are collected, and



3. to 75 per cent of the total number of other batteries

than those referred to in 1 and 2 are collected.



section 8 of the regulation's objectives for particular care and

recycling is



1. in the case of batteries containing mercury, to 98

percent of the mercury content of batteries are disposed of

in particular,



2. in the case of batteries containing lead, that 65 per cent of

the average weight of the batteries are recycled, with the highest possible

recycling rate of lead content,



3. in the case of batteries containing nickel cadmium, to 75

percent of the average weight of the batteries is recycled to the highest

possible recycling rate of cadmium content, and



4. in the case of batteries other than those referred to in 1-3, to 50

percent of the average weight of the batteries are recycled.



Scope of application



Article 9 of this Regulation shall apply to all types of

batteries, regardless of shape, volume, weight, material composition

and use, with the exception of batteries in equipment



1. used in connection with the protection of critical

security interests of a Member State of the European Union,

arms, munitions or war material, if the equipment has

manufactured for a specific military purpose, or



2. is designed to be sent into space.

Regulation (2013:61).



section 10 of the rules relating to municipalities responsible for transport and

the recovery or disposal of household waste is available in 15

Cape. section 8 of the environmental code. This responsibility is being restricted by the provisions

for the purposes of this regulation only in the case of waste which is supported by the

the regulation is submitted to a producer or to a

the collection systems referred to in section 16.



Ban on certain batteries



11 §/expires U: 2015-10-13/

Provisions on the prohibition of the professional market,

transfer or to Sweden bring certain hazardous

batteries can be found in the Ordinance (1998:944) of non-accommodation in

some cases in connection with the handling, import and export of

chemical products.



11 §/entry into force: 2015-10-13/

Provisions on the prohibition of the provision of certain environmentally harmful batteries on the market can be found in the Ordinance (1998:944) of non-accommodation in some cases in connection with the handling, import and export of chemical products.

Regulation (2015:562).



Notification requirements



section 12 Before a producer placing batteries on the market,

producer to make a report to the environmental protection agency. Notification

shall include information on



1. the producer's name, postal address, e-mail address, Web address,

telephone number, fax number, contact person and any

trademarks of the manufacturer uses in Sweden,



2. the producer's personal or corporate or, if

such does not exist, the producer's Swedish or European

tax number,



3. what type of batteries that the producer places on the

market (notebook batteries, industrial batteries, or

car batteries),



4. the collection systems for batteries

the producer intends to make use of, and



5. a declaration that the information provided is accurate.



If a task that is provided in the first subparagraph be amended, shall

the producer of this environmental protection agency within

a month. Where a producer ceases to be a producer in Sweden

Environmental protection agency shall notify the producer thereof.

Regulation (2010:79).



Labelling



section 13 A producer shall ensure that the batteries manufacturer

place on the market are labelled in accordance with the specified

in the annex.



Obligation to take care of batteries



section 14 A producer should take care of batteries that have become waste.



15 § the obligation to take care of the batteries according to section 14 applies

not in a calendar year in which the producer on the market inside

out



1. less than 1 kilogram of mercury batteries,



2. less than 2 kilograms of cadmium batteries,



3. less than 250 kilograms of lead batteries, each of which is

heavier than 3 kg,



4. less than 100 kilograms of lead batteries, each of which is

easier than 3 kg, and



5. less than 50 kg of batteries other than those referred to in

1-4.



section 16 of the producer to fulfil its duty under section 14,

to ensure that an appropriate

collection system for batteries.



section 17 in respect of car batteries that become waste outside a

professional activities and in the case of portable batteries to a

producer obligation according to section 14 by taking care

If the batteries without compensation.



section 18 provides that in The course of business,

lead-acid batteries, each exceed three kilograms to take

against such batteries supplied to the operator.



In the case of batteries for which the operator has not been sold

the obligation in the first paragraph only batteries in a

such an amount commensurate with the amount of

batteries which the operator provides.



§ 19/expires U: 2015-10-13/

A collection system referred to in section 16, as appropriate

If the



1. is easily accessible and provides good service to households, municipalities

and other likely will leave the batteries to the system,



2. make it easier for households and others to sort out the batteries

from other waste,



3. There are collection points with appropriate geographical distribution with

into account the expected usage of the batteries,

population density and other factors,



4. is designed so that those who handle the batteries in the system

not exposed to health and safety risks due to

the batteries,



5. accept batteries of the kind that the system is designed for

regardless of the battery's chemical composition or origin,



6. is available to all producers on a non-discriminatory

conditions, and



7. means that producers who are connected to the system

together take responsibility for an equal share of the resulting

waste in Sweden corresponding to the connected producers '

total market share.



For services to municipalities in accordance with the first paragraph 1 shall

collection system mean that batteries can be left to the

collection system, or downloaded by anyone representing

collection system, at any of the locations that the relevant

the municipality has organised for the handling of batteries. The municipality and

the producer may agree on derogations from this requirement.



A collection system which complies with the requirements of the regulation

(2005:209) on producer responsibility for electric and electronic

products, Ordinance (2007:185) on producer responsibility for cars

or Ordinance (2007:193) on producer responsibility for certain

radioactive products and orphan sources must be regarded as

suitable for batteries that are included in the products

the regulations include.



the entry into force of section 19 of/in: 2015-10-13/

A collection system referred to in section 16 shall be deemed appropriate if 1. is easily accessible and provides good service to households, municipalities, and other likely will leave the batteries to the system,




2. make it easier for households and others to sort out batteries from other waste, 3. There are collection points with appropriate geographical distribution with regard to battery expected use, population density, and other factors, 4. is designed so that those who handle the batteries in the system are not exposed to health and safety risks due to the batteries, 5. accept batteries of the kind that the system is designed for whatever battery chemical composition or origin, 6. is available to all producers on non-discriminatory terms and conditions, and 7. means that the producers who are connected to the system together to take responsibility for an equal share of the resulting waste in Sweden corresponding to the connected producers ' combined market share.



For service to the municipalities referred to in the first subparagraph 1 shall capture system mean that batteries can be left to the collection system, or downloaded by anyone representing the collection system, at any of the locations to which the municipality has organised for the handling of batteries. The municipality and the producer may agree on derogations from this requirement.



A collection system which complies with the requirements of the Regulation (2014:1075) on producer responsibility for electrical equipment, Ordinance (2007:185) on producer responsibility for cars or Ordinance (2007:193) on producer responsibility for certain radioactive products and orphan sources must be regarded as suitable for batteries that are included in the products that the regulations include.

Regulation (2015:562).



section 20 of the producer to fulfil its duty under section 14,

to ensure that the batteries that have been provided to the

the collection systems referred to in paragraph 16 of the carried away,

pre-treated, reused, recycled or taken care of

otherwise that is acceptable from an environmental point of view.



Obligation to inform



section 21/expires U: 2015-10-13/

A producer shall by 31 March of the calendar year after

sales account to the Swedish environmental protection agency



1. the types and quantities of batteries that the producer has released

on the market in Sweden,



2. the quantity of batteries collected in the collection system

According to section 16 and recovered or disposed or taken out

from Sweden for recovery or disposal;



3. the extent to which the handling of batteries reaches the objectives of

in particular, the disposal and recycling of section 8, and



4. how the producer has complied with its obligations under this

Regulation.



First paragraph 4 does not apply to how the collection locally satisfies

the requirements of paragraphs 19 and 20.



In the case of information about recycling or disposal as

have taken place outside the European Union, the producer to

view that the batteries have been handled in a way that corresponds to the

requirements of the battery directive.



Reporting pursuant to the first subparagraph must be coordinated with the

reporting is done according to the Regulation (2005:209) if

producer responsibility for electric and electronic products and

Ordinance (2007:185) on producer responsibility for cars.

Regulation (2011:194).



section 21/entry into force: 2015-10-13/

A producer shall by 31 March of the calendar year following the sales report to the environmental protection agency 1. the types and amounts of batteries that the producer has placed on the market in Sweden, 2. the amount of batteries collected in the collection system under section 16 and recovered or disposed or taken out from Sweden for recycling or disposal, 3. the extent to which the handling of batteries reaches the objectives of particular disposal and recycling in section 8, and 4. how the manufacturer has fulfilled his obligations under this regulation.



First paragraph 4 does not apply to how the collection locally meets the requirements of paragraphs 19 and 20.



In the case of data relating to the recovery or disposal has occurred outside the European Union, the producer must demonstrate that the batteries have been handled in a manner that meets the requirements of the battery directive.



Reporting pursuant to the first subparagraph must be coordinated with the reporting carried out pursuant to the Regulation (2014:1075) on producer responsibility for electrical equipment and Ordinance (2007:185) on producer responsibility for cars. Regulation (2015:562).



section 22 A producer shall inform them that use batteries

If



1. the potential effects on human health and the environment

as a result of the substances contained in batteries,



2. the content of the label referred to in the annex,



3. the obligation under the regulation on waste (2011:927)

sort waste batteries and about how sorting

should go to,



4. the collection systems that users have access to,

and

5. how users can contribute to the recycling of

batteries.



The information must be complete and submitted in such a

ways to reach those who are likely to want to leave batteries to

the producer or to a collection system.

Regulation (2013:61).



22 a of A producer shall consult with municipalities on how

the information referred to in section 22 should be provided locally. If in the

consultation, finds that it is appropriate, the information will be submitted

by the municipality when it informs the households and others about

waste management. Regulation (2013:61).



22 (b) § If the environmental protection agency is requesting it, the producer shall consult

with authority on how the information referred to in section 22 shall be submitted

through a nationwide information effort. Such

information exercise may be made by a government authority

merchandise only if one or more producers undertake to

responding for the costs of the information input.

Regulation (2013:61).



section 22 c If a producer's costs to comply with this

regulation means that a battery marketed for a higher

price than would otherwise have been the case, the

the producer to ensure that cost is included in the price and

not reported as a separate additional price.

Regulation (2013:61).



Register



section 23 of the environmental protection agency, in a register compiling the

information that producers have submitted pursuant to sections 12 and 21.



Fee for certain environmentally harmful batteries



section 24, A producer of sealed nickel cadmium batteries must pay

a fee of 300 kroons per kilogram closed

nickel cadmium batteries producer places on the market.

The fee will cover the social costs of collection,

sorting, transportation and disposal of such batteries.

Fee to be paid to the environmental protection agency.



section 25 if there are special reasons, the environmental protection agency in the

individual case may decide to charge should be reduced or

be waived.



Funding and the use of tax funds



section 26 of the environmental protection agency should provide the funds paid

in accordance with section 24.



section 27 If there are funds in the Fund referred to in section 26,

compensation from the Fund is granted to a municipality or a producer

or the one who has been hired by the municipality or the manufacturer for



1. the costs of sorting, recycling or disposal of

sealed nickel cadmium batteries, and



2. expenses for information about the handling of

nickel cadmium batteries.



Funds may also be used to cover the Swedish environmental protection agency

costs for handling fee and costs

attributable to the establishment and administration of the registry

referred to in section 23.



section 28 questions about compensation from the Fund examined by the environmental protection agency.



Reporting, inspections and fees



section 29 of the environmental protection agency to carry out the tasks in question if the

reporting to the European Commission as shown in

articles 10, 12 and 22 in the batteries directive.



section 30 of the Regulations on supervision, see chapter 26. the environmental code and the

environmental protection Regulation (2011:13). Provisions on the

operational supervisory responsibilities associated with this regulation

see chapter 26. the third subparagraph of paragraph 3 of the environmental code, and Chapter 2. 4,

24, 29 and 30 § § environmental protection regulation.



Provisions on fees can be found in the Ordinance (1998:940) if

fees for the examination and supervision under the Environment Act.

Regulation (2011:56).



Authorization



section 31 of the environmental protection agency must notify the regulations needed

for the execution of 12, 19, 21 and 22 sections.



Penalty provisions



32 section to a fine person who wilfully or negligently:

does not fulfil its obligations to



1. make sure the batteries are marked as follows by 13

§ or



2. take care of the batteries according to the provisions of sections 14 and 16.



The one who has violated an imposition of fines or a ban

under penalty according to chapter 26. Environment Act must not be sentenced to imprisonment

According to this regulation in respect of acts which are the subject of

the injunction or prohibition.



To liability under this Regulation shall be liable if the Act is not

subject to penalty according to chapter 29. the environmental code.



Appeal



33 § provision for appeal, see Chapter 19. 1 §

the environmental code.



Transitional provisions



2008:834



1. This Regulation shall enter into force on 1 January 2009,

Ordinance (1997:645) If batteries expire.



2. If there are funds that have been paid to the environmental protection agency

under the repealed Ordinance, the funds used for



a) compensation to the one under section 14 of this regulation,

collected and a cost to sort, retrieve or

dispose of batteries containing lead, cadmium or

Mercury and likely to have been placed on the market before

on 1 January 2009,



b) compensation to the which has a cost of

disposal of mercury from batteries that can be assumed to have

placed on the market before 1 January 2009,



c) refund of fees for batteries that have been put

from Sweden, whether batteries are placed on the market before

on 1 January 2009,




(d)) to pay the costs of the environmental protection agency's examination of

questions about payment of the funds,



e) information about the handling of batteries, and



f) research on batteries.

Regulation (2012:463).



2009:79



1. This Regulation shall enter into force on March 31, 2010.



2. in the case of data relating to 2009, accounting under

section 21 take place by 30 June 2010.



Annex



Labelling of batteries



Batteries should be marked with the following symbol.



The symbol consists of a crossed-out wheeled bin. Symbol

must be visibly, legibly and

indelible.



The symbol shall cover at least 3% of the surface area of the battery

main page. The symbol should not be larger than 5 x 5

centimeters. For cylindrical batteries, the symbol cover

at least 1.5% of the battery's surface.



The battery does not need to be marked with the symbol, if the battery is so

small to 3 per cent of the surface of the battery is less than 0.5 x 0.5

centimeter and symbol in a size of at least 1 x 1 cm

instead be placed on the battery pack.



A battery that contains



-more than 0.0005% of mercury by weight shall be marked with Hg,



-more than 0.002% cadmium by weight shall be marked with the Cd, or



-more than 0.004% lead, shall be marked with the Pb.



Hg, Cd or Pb-marking shall be placed under

the wheelie bin symbol and be at least a quarter as large as

the wheelie bin symbol.