Collaboration regarding introduced batteries and accumulators. Legal obligations transferred to an intermediary entity under the agreement.
This topic is important, especially in the context of the new battery regulation published on July 28, 2023, in the Official Journal of the European Union (Regulation (EU) 2023/1542 of the European Parliament and of the Council of July 12, 2023, on batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020, and repealing Directive 2006/66/EC). The regulation will profoundly change the battery market and the obligations imposed on introducers. However, before the new regulations come into force, let’s discuss the currently applicable rules and the settlement process.
An introducer of batteries or accumulators is an entrepreneur implementing business activities related to introducing batteries or accumulators into circulation, including those mounted in equipment or vehicles, for the first time in the country. An introducer of batteries or accumulators also includes an entrepreneur who:
– imports batteries or accumulators or acquires them intra-Community for the purposes of business activities,
– imports batteries or accumulators or acquires them intra-Community for the purposes of business activities,
The provisions of the Battery and Accumulator Act apply to all types of batteries and accumulators produced and introduced into circulation, regardless of their shape, capacity, mass, material composition, manner of use and whether they are an accessory, component of a device or an addition to other products.
In the current regulations, three types of batteries are distinguished: portable, industrial and automotive. The new regulation introduces new categories of batteries: portable, batteries for light means of transport (LMT), industrial, batteries from electric vehicles (EV) and batteries used for starting or auxiliary purposes in vehicles (SMI).
Key obligations of the battery introducer:
– Obtaining entry in the Central Register of Business Activity (BDO) in Section V, Table 1.
– Keeping records of the mass of introduced batteries and accumulators.
– Ensuring collection targets for portable batteries (45%).
– Conducting public educational campaigns.
– Contract with a collecting company and a processing plant.
– Paying an annual fee for maintaining entry in the BDO.
– Placing the registration number on documents.
– Submitting annual reports.
– Paying the product fee.
The above obligations can be fulfilled by the entrepreneur introducing batteries independently or entrusted to an intermediary entity (including a recovery organization). However, the obligation to keep records of introduced batteries, placing the BDO number on invoices and other documents must be fulfilled independently.
COLLECTION TARGETS
The current collection target for portable batteries has been 45% since 2009, and based on the new regulation, it will increase in the coming years, reaching 73% in 2030. This is likely to result in increased costs for introducers, and from the system’s perspective, it will require the construction of more efficient battery collection and processing systems. ASEKOL PL is in the process of preparing pioneering solutions for battery collection and storage. In the coming weeks, we will be informing our customers and partners about this. Importantly, collection targets for other types of batteries will also be introduced. For LMT batteries, a 51% collection target has been set for 2028 and 61% for 2031.
INDEPENDENT IMPLEMENTATION OF COLLECTION TARGETS
The introducer can meet the required collection target for portable batteries independently. In such a situation, they are obliged to conclude a contract with collectors and facilities processing waste batteries or accumulators. Such a contract pertains to the collection, processing and recycling of waste batteries or accumulators, respectively. In the event of non-compliance with the obligation, a product fee of PLN 9/kg of obligation must be paid, along with an additional fee for public educational campaigns (PLN 0.03/kg). The introducer must also remember to submit a report on the introduced batteries and the fulfillment of the obligation or the calculation of the product fee and its payment to the appropriate Marshall Office’s bank account.
REALIZATION OF COLLECTION TARGETS WITH AN INTERMEDIARY (RECOVERY ORGANIZATION)
In such a case, the introducer enters into one contract. The intermediary, according to Article 28 of the Battery and Accumulator Act, is obliged to:
– ensure collection targets,
– conduct public educational campaigns,
– conclude contracts with collectors and processing and recycling plants,
– submit annual reports.
Additionally, the intermediary may take on obligations such as:
– registration or update in the BDO register,
– payment or at least reminding of the obligation to pay the annual fee for maintaining the entry in the BDO.
As can be seen from the aforementioned description, a convenient and safe form is to conclude a contract with an intermediary. However, it is advisable to choose stable entities with appropriate human and technical resources.
We highly recommend cooperation with ASEKOL PL. Feel free to contact us: [email protected], tel. 882 067 884.
