Applicable Legal Framework
Directive 2006/66/CE: This directive on batteries and accumulators and waste batteries and accumulators aims to place responsibility on producers in the broadest sense of the term.
Amended Law of 19/12/2008: Directive 2006/66/EC was transposed into Luxembourg law by the law of 19/12/2008.
Amended Law of 21/03/2012: Law on waste management.
Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023: Regulation concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020, and repealing Directive 2006/66/EC.
Who is affected?
1. Producers and importers of batteries.
Companies located outside the Grand Duchy of Luxembourg which sell directly to users in Luxembourg are considered as importers.
2. Distributors and end dealers.
3. The government and local authorities.
Obligations
What are their obligations?
1. For producers and importers
Obligation to register
All producers or importers of batteries and accumulators must register with the Ministry of the Environment, Climate and Biodiversity. They must declare all the batteries and accumulators that they have placed on the Luxembourg market and prove that they satisfy the obligations incumbent upon them or notify that they have joined an authorised organisation such as Ecobatterien ASBL which will help them to fulfil their obligations.
Obligation to take back
Producers, individually or collectively, or third parties acting on their behalf, finance any net costs arising from operations of collection, treatment and recycling of all waste portable and automotive batteries and accumulators collected through existing public infrastructures for the selective collection of problematic waste or through alternative or complementary collection systems to the existing public infrastructures, providing these systems offer the same countrywide coverage.
The producers of automotive batteries and accumulators shall ensure the availability of systems for the collection of automotive batteries from end-users or from accessible collection points in their vicinity.
The producers of industrial batteries and accumulators, individually or collectively, or third parties acting on their behalf, may not refuse to take back waste industrial batteries and accumulators from end-users, regardless of chemical composition and origin.
Obligation to provide information
Producers or importers must inform the environment administration by 30th April of each year of the quantities of batteries and accumulators that they have placed on the Luxembourg market and of the quantities of waste batteries and accumulators that they have collected and treated, as well as the rates of recovery effectively achieved.
Obligation to label
Manufacturers of batteries and accumulators must label their products with the symbol of the crossed-out wheeled bin to indicate that they are to be collected separately.
Obligation to provide information on battery waste prevention and management
In accordance with Article 74(1) of Regulation (EU) 2023/1542, a battery producer or importer is required to make information on the prevention and management of battery waste available to end-users and distributors. This information must be easily accessible both at physical points of sale and on websites, and must in particular cover the following:
Good practices for extending battery life and encouraging reuse, repurposing, and remanufacturing;
The role of end-users in the separate collection of waste batteries;
Collection points, and operations related to preparation for reuse, repurposing, and treatment of waste batteries;
Safety instructions for handling waste batteries (especially those containing lithium);
The meaning of labels and symbols appearing on batteries;
The environmental and health impact of hazardous substances contained in batteries, and the risks associated with improper disposal.
Obligation to provide information on the costs covered by producers and importers
In accordance with Article 74(5) of Regulation (EU) 2023/1542, end-users must be informed of the costs covered by producer or importer, including those related to collection, treatment, recycling, administrative management, information on the prevention and management of battery waste, and the transmission of data to the competent authorities. This information must be communicated separately at the time of the sale of new batteries.
2. For end dealers
Obligation to collect
Distributors which supply portable batteries and accumulators must take back waste portable batteries or accumulators at no charge.
Obligation to provide information
In accordance with Regulation (EU) 2023/1542, end-users must receive information on the prevention and management of battery waste.
They must also be informed of the costs covered by the producer or importer, including those related to collection, treatment, recycling, administrative management, information on the prevention and management of battery waste, and the transmission of data to the competent authorities.
As a distributor, including online distributors, it must be ensured that this information is relayed and separately communicated to end-users when selling new batteries.
3. For the government
Obligation to collect
The government and local authorities must ensure the availability of structures that accept waste of batteries and accumulators, at no charge.
By 26/09/2012, a collection rate of 25% must be achieved for the entire country.
By 26/09/2016, a collection rate of 45% must be achieved for the entire country.
As of 1 January 2023, this target remains set at 45% under Directive 2006/66/EC, pending the application of the new regulation.