Supplementary evidence from DEFRA (ELV0144)
Electric vehicle batteries are classed as industrial batteries and their end-of-life management is covered by the Waste Batteries and Accumulators Regulations 2009.
The regulations ban disposal of industrial batteries to landfill or by incineration. Producers are required to provide free take back of industrial batteries upon request.
The consultation on the batteries regulations is expected to be published in 2024 and covers both the Waste Batteries and Accumulators Regulations 2009 and the Batteries and Accumulators (Placing on the Market) Regulations 2008.
Different regulators are responsible for enforcing different parts of the current batteries regulations.
The four environmental regulators – Environment Agency (EA), Natural Resources Wales (NRW), Scottish Environment Protection Agency (SEPA) and Northern Ireland Environment Agency (NIEA) – are responsible for the permitting of Approved Battery Treatment Operators (ABTOs) [and Approved Treatment Facilities for ELV].
The environmental regulators are also responsible for enforcing portable battery collection and treatment targets.
The Office of Product Safety and Standards (OPSS) is responsible for enforcing the placing on the market (POM) requirements for all batteries as well as data reporting for industrial and automotive batteries.
The OPSS is responsible for enforcing the free take back and proper treatment of waste industrial batteries (including EV batteries).
Defra holds responsibility for the regulations themselves
For the section of the regulations for which the Environment Agency is responsible: what is the Government’s assessment of the resource and capacity available for 1) inspection and enforcement; and 2) granting new permits? Is this a reasonable level of resource in the Department’s assessment?
Resourcing for inspection and granting permits is determined by the fee levels that the EA sets. The EA set these fees (subject to public consultation, ministerial and HMT approval) and keeps them under review.
Enforcement is funded through Government Grant in Aid. Defra have increased the Environment Agency's budget by £10 million per year to make it easier for the EA to take action against waste criminals.
The EA is working closely with representatives from the waste sector to improve the performance of their permitting service. This has delivered an improvement and EA is currently on track to meet their KPI in this area by the start of 24/5 FY. After this period, more challenging KPIs will be set so that the EA are continually improving their performance, continuing to work alongside the sector as they do this.
The EU Batteries Regulation is comprehensive, focusing on the whole lifecycle of batteries in order to promote a circular economy. The regulation includes new measures – to be phased in over time – bringing legislation up to date with modern batteries chemistries and technologies. Categories for electric vehicle batteries and light means of transport (LMT) batteries will be required to have battery passports and carry a QR code linking to their passport. The passport will provide information about the composition, origins, and performance of the battery as well as information about end-of-life management (including disassembly instructions, reuse potential and recycling information).
Defra is undertaking a review of the UK legislation independently of the EU’s Battery Regulation. We will however consider whether elements of the EU Regulation could be adapted to suit the UK’s particular needs and circumstances.
The EU Batteries Regulation is listed in the Windsor Framework and therefore applies in Northern Ireland.