Detailed guide: Waste batteries: producer responsibility

Updated: The Department for Business, Energy and Industrial Strategy (BEIS) is now known as the Office for Product Safety and Standards.

Battery producers are responsible for minimising harmful effects of waste batteries on the environment, by:

  • improving the design of new batteries – you must follow ‘placing on the market’ rules
  • paying for waste battery collection, treatment, recycling and disposal – you must follow the rules on this page

It’s illegal to send waste industrial or vehicle and other automotive batteries for incineration or to landfill.

You’re a battery producer if you have a UK business presence and you’re the first person in your selling chain (including importers) to make batteries available for supply or sale on the UK market.

Battery producers must:

  • register with the appropriate environmental regulator
  • accurately record the tonnage and chemistry of batteries placed on the market

How you register depends on the type of battery you sell and the amount of batteries you put on the market.

The types of battery include:

  • portable
  • vehicle and other automotive
  • industrial

To check which type of batteries you place on the market see Waste batteries and accumulators: technical guidance.

Approved or appropriate person

You must be an approved or appropriate person to sign applications for approval and registration and to submit data and statements of declaration of compliance.

See the Waste batteries and accumulators: technical guidance on what constitutes an approved or appropriate person.

Use the delegation of approved/appropriate person form if you want to delegate to another person. Sign the form and send it to your environmental regulator.

Portable battery producer: register

Place more than 1 tonne a year on the market

You must pay for the collection, treatment and recycling of waste portable batteries. You do this by joining a battery compliance scheme (BCS) by 15 October before the start of the compliance year (calendar year). You pay the BCS an annual fee and it takes on your duties.

The BCS will:

  • register you annually with the correct environmental regulator
  • pay the environmental regulator £600 annually for each member
  • send information to your environmental regulator about the batteries you placed on the market in the previous 2 years and the current year
  • get evidence notes for the collection, treatment and recycling of waste portable batteries
  • send information to your environmental regulator about the waste batteries they collect and deliver for treatment and recycling

Tell your BCS within 14 days if you:

  • need to make changes to your registration details
  • are no longer a large portable battery producer

Place 1 tonne or less on the market

You must register with the environmental regulator of the UK country where your registered office is on the National Packaging Waste Database (NPWD).

Each year you must submit the tonnage and chemistry on the NPWD to confirm how many batteries you placed on the market in the previous year. This must be done by 31 January in the following year.

The annual charge is £30.

Tell your regulator if you’re no longer a small portable battery producer within one month of the change.

Waste electrical and electronic equipment (WEEE): batteries in products

If you place products containing batteries on the UK market, you will need to report separately the weight of:

Even if your EEE does not fall under the WEEE Regulations you will still be a battery producer.

Vehicle and automotive battery producer: register

You must register within 28 days of first placing your batteries on the UK market with the Office for Product Safety and Standards.

See the definition of a vehicle and automotive battery.

Register direct with the Office for Product Safety and Standards on the NPWD.

You must provide the total tonnage, chemistry and brand name of automotive batteries you placed on the market by 31 March in the following year.

If you’re also a large producer of portable batteries, you can register through your BCS.

Each producer has a duty to collect waste vehicle and other automotive waste batteries, free and within a reasonable timescale, when asked from the final holder, for example from:

  • garages
  • scrapyards
  • end-of-life vehicle treatment sites
  • local council waste collection sites

You must tell final holders how they can request the collection of waste vehicle batteries, for example through information on your website.

The waste batteries must go to an approved battery treatment operator (ABTO) or an approved battery exporter (ABE) for treatment and recycling.

Industrial battery producer: register

You must register with the Office for Product Safety and Standards within 28 days of first placing your batteries on the UK market.

Register direct with the Office for Product Safety and Standards on the NPWD.

You must provide the total tonnage, chemistry and brand name of industrial batteries placed on the market by 31 March in the following year.

If you’re also a large producer of portable batteries, you can register through your BCS.

You have a duty to:

  • take back waste industrial batteries free of charge from any end-user, if you supply them with new batteries, if they’re the same chemistry as batteries you place on the market or if they cannot be returned to another producer
  • tell end users how they can return waste industrial batteries, for example through information on your website

The waste batteries must go to an ABTO or an ABE for treatment and recycling.

Waste battery producers: extra information

Battery producer registration number (BPRN)

If you supply distributors or business end-users, put your BPRN on any paperwork like invoices, contracts or delivery notes.

Brand names

You’re required to report the brand of any batteries you place on the market, as part of your registration, if this is available.

Records: extra information

You should record the weight of portable batteries placed on the UK market but afterwards exported. The government is trying to assess the extent of this practice.

Technical information

See Waste batteries and accumulators: technical guidance for exclusions, definitions and battery classification.

Penalties

Failure to follow the regulations and carry out your duties may result in prosecution and a fine.

BCS: apply for approval

If you want to run a BCS you need approval from the environmental regulator of the UK country where you have a registered office or where you carry out the day to day running of your business. Contact your regulator for details on how to apply.

The charge to assess your application is £17,000. The annual subsistence charge for operating a BCS is £90,000 plus £600 for each member.

See Waste batteries and accumulators: technical guidance for exclusions, definitions and battery types.

Environmental regulators

Environment Agency (England)

Telephone: 03708 506 506*

Email: batteries@environment-agency.gov.uk

Northern Ireland Environment Agency

Telephone: 028 9056 9382*

Email: batteries@doeni.gov.uk

Scottish Environment Protection Agency

Telephone: 01786 457700*

Email: producer.responsibility@sepa.org.uk

Natural Resources Wales

Telephone: 0300 065 3000*

Email: enquiries@naturalresourceswales.gov.uk

Office for Product Safety and Standards

Use the online enquiry form or write to:

Office for Product Safety and Standards

PO Box 17200

Birmingham

B2 2YT

*Call charge information

‘Placing on the market’ responsibilities

For your responsibilities for improving the design and manufacture of new batteries, follow the Batteries and accumulators: placing on the market regulations guidance.

More information

See the legislation and regulations for your responsiblilities for waste batteries:




Policy paper: Salmons Brook flood risk management scheme

Updated: Updated October 2018.

This document explains the flood defence built by the Environment Agency to reduce the risk of flooding from Salmons Brook in north London.




Detailed guide: DUS protocols for testing plant varieties

Updated: Notice announcing the implementation updated

EU Directive

The EU Commission Directive 2018/100/EU was administratively implemented in the United Kingdom on 31 August 2018. This specifies the minimum characteristics to be measured and the minimum conditions for examining certain varieties of agricultural and vegetable species for distinctiveness, uniformity and stability (DUS).

See the
notice announcing the implementation
(PDF, 229KB, 5 pages)

.

DUS tests

As part of the application process to add a plant variety to the National List or for approval of plant breeders’ rights, the plant variety must be tested to ensure it is distinct, sufficiently uniform and stable (DUS).

DUS tests are carried out at approved centres over a 2-year period. They are done in line with protocols and procedures approved by the Plant Variety and Seeds Committee, which represents the national authorities on seeds issues.

The Community Plant Variety Rights Office develops the technical protocols which set the characteristics to be used in the DUS tests.

DUS criteria

Distinct

A distinct plant variety has one or more important characteristics that are different from other varieties included in the National List, a list of another EU state, or the EU Common Catalogue.

Uniform

A uniform plant variety has individual plants which have similar or genetically identical important characteristics, with very few aberrations.

Stable

A stable plant variety has important characteristics which remain true to their original description after successive propagations or multiplications.

DUS protocols




Detailed guide: Clean an oil spill at sea and get oil spill treatments approved

Updated: New form added

Oil spills at sea

You have 2 main options when dealing with an oil spill at sea.

Do nothing

You can let natural processes disperse, evaporate and degrade the spill for you – this is probably the best option when:

  • the quantities of oil are small
  • the oil is a type that tends to disperse or evaporate readily without intervention
  • no marine resources are threatened by the spill

Use an oil spill treatment product

You can intervene if an oil spill represents a safety risk, or poses a significant threat to commercial, environmental or amenity interests. You must consider the effects of any intervention. Some techniques are poorly-suited to marine conditions around the coast of UK. Unless the oil can be physically recovered, the choice is often between leaving the oil alone or using an oil spill treatment product.

Request approval to use an oil spill treatment product

You need approval from the Marine Management Organisation (MMO) before you use a product to treat oil.

MMO will respond within 1 hour approving or rejecting your request to use an approved product in English or Welsh waters.

The product must be approved by MMO and be used in line with the conditions of its approval.

Read MMO’s
Approval to use oil spill treatment products flowchart
(PDF, 357KB, 7 pages)

.

Report a marine pollution incident

In a marine pollution incident MMO consults several organisations to ensure that specific scientific, environmental and fisheries advice is taken into account for every decision.

To report a marine pollution incident call:

  • 0300 200 2024 within office hours
  • 07770 977 825 outside office hours
  • 0345 051 8486 or 0845 051 8486 at all times if other numbers out of order

You can use approved oil spill treatment products where there is a genuine risk to human life or to the safety of an installation or vessel without consulting with MMO.

MMO and the relevant statutory nature conservation agencies – Natural England, Natural Resources Wales, Scottish Natural Heritage, and the Joint Nature Conservation Committee – should be informed after the incident.

MMO approves use in English and Welsh waters. Marine Scotland and Northern Ireland Environment Agency approve use in their waters.

MMO acts on behalf of the UK for testing and approving oil treatment products intended for use in UK waters.

Standing approvals

A standing approval is an agreement between MMO and a port or harbour authority, that specific oil spill treatment products may be used under certain conditions and in specific areas, without approval. This means a faster response to oil spills. Standing approvals may also be given to operators of oil and gas installations in coastal waters, or fixed locations such as terminals.

Port or harbour authorities must report to MMO that they have used a standing approval at the earliest possible opportunity.

Standing approvals for England and Wales exist at the locations below. You can view the extent of each standing approval on the Coastal and Marine Resource Atlas interactive map, by selecting the standing approvals layer on the list of layers.

  • Bristol Port
  • Fawley Oil Refinery, Southampton
  • Felixstowe Port
  • Fishguard Harbour, Goodwick (Stenaline)
  • Fleetwood Enclosed Docks
  • Harwich Haven Authority
  • Humber Associated British Port
  • Tetney Monobuoy at the Humber
  • Immingham Associated Petroleum Terminal
  • Ipswich Associated British Port
  • Lowestoft Associated British Port
  • Ramsgate Port
  • Sheerness/Chatham Port
  • Teddington Sea Reach Buoy 1
  • Workington Prince of Wales Dock

Standing approvals are issued by MMO and you must contact MMO as soon as possible during an incident, and report back to them on the extent and success of product use once it is over. A typical report will include the following information:

  • name of organisation
  • incident number
  • date
  • nature of spill
  • location
  • remedial action taken
  • product used (including volume)
  • date of manufacture of the product used
  • when the product’s ability to produce the intended result (efficacy) was last tested (if applicable)
  • comments on efficacy relating to incident
  • other comments
  • date of report
  • time of report
  • name of person making report

Standing approvals are for 5 years. You must submit another application before the expiry date.

Get an oil spill treatment approved

You must apply to MMO) if you want to market a new or rebranded oil spill treatment product for use in UK waters.

All products not previously approved will need to be tested for toxicity. Dispersants, bioremediation products and some other types of oil spill treatment product will also have to be tested for their efficacy.

Your approval must be renewed after 5 years, or sooner if specified, and you must notify MMO of any change in the company’s name, address or the product’s composition.

Send your completed application form and payment to MMO. You will need to provide evidence to support your application.

Renewing or rebranding an existing approved product will normally be considered on the basis that the product’s composition is not significantly changed.

What you need to include in your application

Test results

If you have tested the product in a laboratory not commissioned by MMO, include the test results when you send your applications form. MMO will make sure the test data conforms to standard protocols – there will be a fee for this.

If you are using a laboratory commissioned by MMO, send a sample of the product separately from your application form to the laboratory – there will be a testing fee.

The size of the sample will depend on the types of tests required. Full details are given on the application form or can be requested from MMO.

Label

The proposed product label must be approved by MMO and must contain:

  • product name
  • name, address and daytime or out of office hours telephone number of manufacturer, importer or rebrander
  • list of ingredients
  • oil spill treatment product type – dispersant type, sorbent, bioremediant or other
  • a warning against mixing the product with any other products
  • date of manufacture, batch number and expiry date (subject to extension)
  • recommended storage instructions
  • risk symbol and description
  • instructions on use including a statement that the product should not be used in sea depths of fewer than 20 metres or within 1 nautical mile of such depths
  • basic safety instructions or caution and any suitable chemical hazard signs

The label should also meet the requirements of the Classification, Labelling, and Packaging (CLP) Regulations

Approval

MMO will:

  • consider the application
  • examine the proposed labelling
  • carry out toxicity and Efficacy testing as appropriate

The product may be marketed for use in English and Welsh waters as soon as MMO issues the formal approval notice. Details of the product and the name and address of the approval holder will be registered and this information will be made publicly available on the approved oil spill treatment products list.

The product should not be used in Scottish or Northern Irish waters until Marine Scotland or the Northern Ireland Environment Agency confirm the approval.

Further information

How to use oil spill treatment products and equipment

Approved oil spill treatment products

Get an oil spill treatment product approved: fees

Get an oil spill treatment product approved: application form

Marine Pollution Contingency Plan

Contact information

Marine Conservation and Enforcement Team

0300 123 1032

dispersants@marinemanagement.org.uk




Statutory guidance: Marine Pollution Contingency Plan

Updated: Plan updated

The plan is under constant review to ensure the best possible response and includes details on:

  • how to get approval to use an oil spill treatment product in English and Welsh waters
  • environment groups
  • MMO’s out of hours arrangements
  • resources
  • legal information
  • other contingency plans
  • other marine emergencies
  • forms and templates for use during and after an incident
  • approved products
  • list and details of standing approvals to use treatment products

Further information

Report a marine pollution incident

Clean an oil spill at sea and get oil spill treatments approved

Approved oil spill treatment products

How to use oil spill treatment products and equipment

Contact information

Marine Conservation and Enforcement Team

0191 376 2511

dispersants@marinemanagement.org.uk