Amendment of the 2003 Regulations7
1
The 2003 Regulations are amended as follows.
2
In regulation 2(1)—
a
after the definition of “the 2000 Regulations” insert—
“Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators;
“battery” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or one or more secondary battery cells (rechargeable; an accumulator), but does not include any battery excluded from the scope of the Batteries Directive by Article 2(2) of that Directive;
b
after the definition of “holder” insert—
“industrial battery” means any battery or battery pack which is—
- a
designed exclusively for industrial or professional uses;
- b
used as a source of power for propulsion in an electric vehicle;
- c
unsealed but is not an automotive battery; or
- d
sealed but is not a portable battery;
c
after the definition of “operator” insert—
“portable battery” means any battery or battery pack which—
- a
is sealed;
- b
can be hand-carried by an average natural person without difficulty; and
- c
is neither an automotive battery nor an industrial battery;
d
after “treatment” insert “
, except in relation to waste batteries,
”
.
3
After regulation 2(1) insert—
1A
In relation to batteries and subject to regulation 2(1), expressions defined in Article 3 of the Batteries Directive have the same meanings in these Regulations as in that Directive.
4
In regulation 11—
a
insert after sub-paragraph (1)(f)—
fa
as from 1st January 2010, waste industrial or automotive batteries;
b
insert after paragraph (2)—
2A
Sub-paragraph (1)(fa) does not prohibit the acceptance of residues of any batteries that have undergone both treatment and recycling, provided that the treatment and recycling—
a
used best available techniques, in terms of the protection of health and the environment; and
b
complied, as a minimum, with Community legislation, in particular as regards health and safety and waste management.