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—

  1. a

    designed exclusively for industrial or professional uses;

  2. b

    used as a source of power for propulsion in an electric vehicle;

  3. c

    unsealed but is not an automotive battery; or

  4. d

    sealed but is not a portable battery;

c

after the definition of “operator” insert—

“portable battery” means any battery or battery pack which—

  1. a

    is sealed;

  2. b

    can be hand-carried by an average natural person without difficulty; and

  3. 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.