PART 2Prohibitions and labelling requirements

Prohibitions on mercury and cadmium4.

(1)

No person shall place on the market—

(a)

a battery that contains more than 0.0005% of mercury by weight;

(b)

a portable battery that contains more than 0.002% of cadmium by weight.

F1(2)

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(3)

The prohibition in paragraph (1)(b) shall not apply to a portable battery intended for use in—

(a)

emergency and alarm systems, including emergency lighting;

(b)

medical equipment; or

(c)

a cordless power tool.

(4)

This regulation does not apply to a battery which is a component of a vehicle for the purposes of regulation 6 of the End-of-Life Vehicles Regulations 20036.

(5)

In this regulation—

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

(a)

sealed,

(b)

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

(c)

is neither an automotive battery nor an industrial battery;

“automotive battery” means any battery used for automotive starter, lighting or ignition power;

“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;

“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose; and

“cordless power tool” means a hand-held appliance powered by a battery and intended for maintenance, construction or gardening activities.