Central government is calling on battery producers, battery exporters and those who operate waste battery facilities to respond to a consultation on its Draft Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2015.

The legislation, which transposes the EU’s 2013/56/EU Amended Batteries Directive into UK law and amends the UK’s 2008 regulations of the same name, was introduced to improve the environmental performance of batteries and accumulators and to minimise the impact that waste batteries and accumulators have on the environment.

It will see several changes to the law regarding batteries placed on the market.

Changes include:

• removing the exemption of the restricted use of cadmium and mercury in the design and manufacture of new button cells with a mercury content of no more than two per cent by weight on 1 October 2015;
• regarding button cells lawfully placed on the market before 1 October 2015 as goods (and not infringing goods);
• removing the exemption of the restricted use of cadmium and mercury in the design and manufacture of new portable batteries intended for use in cordless power tools on 1 January 2017;
• regarding portable batteries lawfully placed on the market before 1 January 2017as goods (and not infringing goods); and
• amending the requirements for appliances that use batteries so that batteries can not only be ‘readily removed’, but also removed by the end-user (or ‘independent qualified professional’ where ready removal by the end-user is not possible).

Central government has said it followed a ‘copy out’ principle in transposing the directive, to ensure the UK will adopt legislation that uses the same wording as that of the EU legislation ‘without elaborating on that wording’ or ‘[going] further than implementing the minimum requirements of the 2013 directive’.

A consultation into the transposition of the directive has now been launched, with stakeholders being asked a range of questions, including:

• whether the draft amending regulations are accurate;
• whether the law does or does not exceed the Amended Batteries Directive’s requirements;
• whether the impact assessment has ‘accurately’ assessed the costs to consumers and business; and
• whether the time required for retailers and wholesale managers to familiarise themselves with the amending regulations is adequate

Stakeholders have until 5 November 2014 to respond, with government publishing its response ‘within three months’ after that.

The final version of the regulations will then be made and laid before Parliament to come into force from 1 July 2015.

Read the Draft Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2015 or respond to the consultation.