Batteries—enforcement and offences
Batteries—enforcement and offences

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Batteries—enforcement and offences
  • Brexit impact
  • Batteries Directive 2006/66/EC
  • BAPMR 2008
  • Regulator’s powers
  • Enforcement response
  • Offences
  • Penalties
  • Defence of due diligence
  • Liability of other persons
  • more

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law, and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Batteries Directive 2006/66/EC

The Batteries Directive 2006/66/EC (the Directive) aims to minimise the impact of batteries and waste batteries on the environment. The main objectives of the Directive are to:

  1. prohibit the placing on the market of batteries containing hazardous substances such as mercury and cadmium

  2. provide specific rules for the collection, treatment, recycling and disposal of waste batteries and accumulators through producer responsibility

The Directive sets out that Member States must take the necessary measures to ensure that batteries and accumulators not meeting the requirements of the Directive, as implemented, are not placed on the market and that there are penalties for any breaches of the Directive.

For more information on the Directive, see Practice Note: Batteries Directive—snapshot

The UK government has implemented the Directive through:

  1. the Batteries and Accumulators (Placing on the Market) Regulations 2008, SI 2008/2164 (BAPMR 2008), which covers restrictions on the use of certain substances in batteries and