Article 4Prohibitions

1.

Without prejudice to Directive 2000/53/EC, Member States shall prohibit the placing on the market of:

(a)

all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0,0005 % of mercury by weight; and

(b)

portable batteries or accumulators, including those incorporated into appliances, that contain more than 0,002 % of cadmium by weight.

2.

The prohibition set out in paragraph 1(a) shall not apply to button cells with a mercury content of no more than 2 % by weight.

3.

The prohibition set out in paragraph 1(b) shall not apply to portable batteries and accumulators intended for use in:

(a)

emergency and alarm systems, including emergency lighting;

(b)

medical equipment; or

(c)

cordless power tools.

4.

The Commission shall review the exemption referred to in paragraph 3(c) and submit a report to the European Parliament and to the Council by 26 September 2010, together, if appropriate, with relevant proposals, with a view to the prohibition of cadmium in batteries and accumulators.