The Waste Batteries and Accumulators Regulations 2009
| Year | 2009 |
2009 No. 890
Environmental Protection
The Waste Batteries and Accumulators Regulations 2009
Made 7th April 2009
Laid before Parliament 14th April 2009
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations under the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721.
The Secretary of State is designated2for the purposes of that Act in respect of matters relating to batteries and accumulators.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to Community instruments to be construed as a reference to those instruments as amended from time to time.
PART 1
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Waste Batteries and Accumulators Regulations 2009.
(2) These Regulations come into force on 5th May 2009 except for—
(a)
(a) the following provisions, which come into force on 1st January 2010—
(i) regulation 56 (prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration); and
(ii) regulation 57 (requirement for approval of battery treatment operators and exporters);
(b)
(b) Part 4 (portable batteries: obligations and rights of distributors and other economic operators), which comes into force on 1st February 2010.
(3) Regulation 56 does not extend to Scotland.
Interpretation
2.—(1) In these Regulations—
“appliance” means any electrical or electronic equipment, as defined by Directive 2002/96/ECof the European Parliament and of the Council on waste electrical and electronic equipment3, which is fully or partly powered by batteries or is capable of being so;
“appropriate authority” has the meaning given in regulation 3;
“appropriate person” has the meaning given in regulation 5;
“approved battery exporter” means an exporter who has been approved under regulation 59;
“approved battery treatment operator” means a battery treatment operator who has been approved under regulation 59;
“automotive battery” means a battery used for automotive starter, lighting or ignition power;
“batteries evidence note” means an evidence note issued by—
(a) an approved battery treatment operator, as evidence of the acceptance of the tonnage of waste portable batteries specified in the note for treatment and recycling, or
(b) an approved battery exporter, as evidence of the acceptance of the tonnage of waste portable batteries specified in the note for treatment and recycling outside the United Kingdom;
“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 consisting of one or more secondary battery cells (rechargeable; an accumulator);
“battery compliance scheme” means a battery compliance scheme that has been approved under regulation 49;
“battery pack” means a set of batteries that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;
“battery producer registration number” means the registration number allocated to a producer by the appropriate authority under regulation 28 or by the Secretary of State under regulation 45;
“battery treatment operator” means a person who, in the ordinary course of a trade, occupation or profession, carries out the treatment or recycling of waste batteries;
“best available techniques” has the meaning given in Article 2(12) of Directive 2008/1/ECof the European Parliament and of the Council concerning integrated pollution prevention and control4;
“category of battery” means any of the following types of batteries—
(a) automotive batteries;
(b) industrial batteries;
(c) portable batteries;
“chemistry type” means, except in regulation 35 (take back: industrial batteries)—
(a) lead-acid,
(b) nickel-cadmium, or
(c) any other chemistry;
“compliance period” means—
(a) the year 2010 (“the first compliance period”); or
(b) any year following the first compliance period;
“company registered in the United Kingdom” means a company registered in any part of the United Kingdom under—
(a) the Companies Act 20065;
(b) the provisions of the Companies Act 19856or the Companies (Northern Ireland) Order 19867that remain in force; and
(c) any former enactment relating to companies;
(d) but a company incorporated outside the United Kingdom which has registered particulars under those Acts is not registered in the United Kingdom for the purposes of these Regulations;
“declaration of compliance” means the declaration of compliance referred to in regulation 18 or 25;
“Department of the Environment” means the Department of the Environment in Northern Ireland;
“disposal” means any of the applicable operations provided for in Annex IIA to Directive 2006/12/ECof the European Parliament and of the Council on waste8;
“distributor” means a person that provides batteries on a professional basis to an end-user;
“economic operator” means a producer, distributor, collector, recycler or other treatment operator;
“EEA” means the area comprised by the EEA States;
“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;
“end-user of industrial batteries” means—
(a) the person who last used the battery; or
(b) a waste disposal authority or any person acting on behalf of such an authority in connection with its functions under section 51 of the Environmental Protection Act 19909;
“enforcement authority” has the meaning given in regulation 86(5);
“enforcement notice” means a notice served under regulation 87(1);
“enforcement officer” has the meaning given in regulation 88(11);
“exporter” means a person who in the ordinary course of a trade, occupation or profession exports waste batteries for treatment or recycling outside the United Kingdom;
“extension of approval charge” means—
(a) subject to regulation 65(1), where the appropriate authority is the Environment Agency or SEPA, the extension of approval charge specified in regulation 65(2)(b) or, if superseded by an extension of approval charge specified for the purpose in a charging scheme made under section 41 of the Environment Act 199510, that charge;
(b) where the appropriate authority is the Department of the Environment, the extension of approval charge specified for the purpose in the Waste Batteries and Accumulators (Charges) Regulations (Northern Ireland) 200911;
“final holder of automotive batteries” means—
(a) a person who, in the ordinary course of a trade, occupation or profession removes automotive batteries from vehicles;
(b) a person who carries on the business of a scrap metal dealer within the meaning given by section 9(1) of the Scrap Metal Dealers Act 196412;
(c) an authorised treatment facility as defined in regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 200513; or
(d) a waste disposal authority or any person acting on behalf of such an authority in connection with its functions under section 51 of the Environmental Protection Act 1990;
“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;
“partnership” includes an unincorporated partnership and a Scottish partnership;
“Planning Appeals Commission” means the Planning Appeals Commission within the meaning of Article 110 of the Planning (Northern Ireland) Order 199114;
“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;
“premises” includes any land or means of transport;
“producer” means any person in the United Kingdom that, irrespective of the selling technique used, including by means of distance communication as defined in Directive 97/7/ECof the European Parliament and of the Council on the protection of consumers in respect of distance contracts15, places batteries, including those incorporated into appliances or vehicles, on the market for the first time in the United Kingdom on a professional basis;
“proposed scheme” means a proposed battery compliance scheme that is the subject of an application for approval made under regulation 47;
“quarter period” means a period—
(a) commencing on 1st January and ending on 31st March;
(b) commencing on 1st April and ending on 30th June;
(c) commencing on 1st July and ending on 30th September; or
(d) commencing on 1st October and ending on 31st December;
“recycling” means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;
“relevant approval period” has the meaning given in regulation 61(2);
“relevant compliance period” means a compliance period in respect of which a person has any obligation under regulation 7(2), 19(1), 35(2) or 36(2);
“scheme application charge” means—
(a) subject to regulation 55(1), where the appropriate authority is the Environment Agency or SEPA, the application charge specified in regulation 55(2)(a) or, if superseded by an application charge specified for the purpose in a charging scheme made under section 41 of the Environment Act 1995, that charge;
(b) where the appropriate authority is the Department of the Environment, the application charge specified for the purpose in the Waste Batteries and Accumulators (Charges) Regulations (Northern Ireland) 2009;
“scheme...
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