The Waste Batteries (Scotland) Regulations 2009
| Year | 2009 |
2009 No. 247
Environmental Protection
The Waste Batteries (Scotland) Regulations 2009
Made 16th June 2009
Coming into force 6th July 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 19991and all other powers enabling them to do so.
In accordance with section 2(4) of that Act, they have consulted the Scottish Environment Protection Agency, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate and such other bodies or persons as they consider appropriate.
In accordance with section 2(8) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Waste Batteries (Scotland) Regulations 2009 and come into force on 6th July 2009.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations—
“the 1990 Act” means the Environmental Protection Act 19902;
“the 1995 Act” means the Environment Act 19953;
“the 1994 Regulations” means the Waste Management Licensing Regulations 19944;
“the 2000 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 20005;
“the 2003 Regulations” means the Landfill (Scotland) Regulations 20036;
“automotive battery” means any battery used for automotive starter, lighting or ignition power;
“Batteries Directive” means Directive 2006/66/ECof the European Parliament and of the Council on batteries and accumulators7;
“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;
“battery pack” means any 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;
“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;
“landfill” means a landfill to which the 2003 Regulations apply;
“landfill permit” has the same meaning as in regulation 2(1) of the 2003 Regulations;
“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 nor an industrial battery;
“recycling” means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;
“site licence” has the same meaning as in Part II of the 1990 Act;
“treatment” means any activity carried out on waste batteries after they have been handed over to a facility for sorting, preparation for treatment or preparation for disposal; and
“waste battery” means any battery which is waste within the meaning of Article 1(1)(a) of Directive 2006/12/ECof the European Parliament and of the Council on waste8.
Collection of waste portable batteries
3.—(1) Section 33 of the 1990 Act is amended as follows.
(2) In subsection (1), after “(2)” insert “, (2B)”.
(3) After subsection (2A) insert—
“2B Paragraphs (a) and (b) of subsection (1) above do not apply to the deposit or keeping of a waste portable battery or accumulator at a collection point set up to comply with Article 8(1)(a) of Directive 2006/66/ECof the European Parliament and of the Council on batteries and accumulators (in this section, “the Batteries Directive”).
2C In subsection (2B) above, “portable battery or accumulator” has the meaning given by Article 3(3) of the Batteries Directive, but does not include any battery or accumulator excluded from the scope of that Directive by Article 2(2).”.
Amendment of the 1994 Regulations
4.—(1) The 1994 Regulations are amended as follows.
(2) In regulation 1(3) insert after the definition of “agricultural waste”—
““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;
“Batteries Directive” means Directive 2006/66/ECof the European Parliament and of the Council on batteries and accumulators;”.
(3) After regulation 1(3) insert—
“3A In these Regulations, in relation to batteries—
(a) “industrial battery” means any battery or battery pack which is—
(i) designed exclusively for industrial or professional uses;
(ii) used as a source of power for propulsion in an electric vehicle;
(iii) unsealed but is not an automotive battery; or
(iv) sealed but is not a portable battery;
(b) “portable battery” means any battery or battery pack which—
(i) is sealed;
(ii) can be hand-carried by an average natural person without difficulty; and
(iii) is neither an automotive nor an industrial battery;
(c) “the treatment conditions” means the provisions of Article 12(2) and Annex III, Part A of the Batteries Directive; and
(d) other expressions defined in Article 3 of the Batteries Directive have the same meanings as in that Directive.”.
(4) After regulation 12B insert—
“Conditions of site licences: treatment and storage of batteries
12C. SEPA shall ensure that any site licence granted or varied on or after 6th July 2009 authorising the storage or treatment (or both) of batteries contains such conditions as it considers necessary to give effect to the treatment conditions.
Conditions of site licences: incineration of waste industrial and automotive batteries
12D.—(1) SEPA shall ensure that any site licence granted or varied on or after 1st January 2010 authorising the incineration of waste contains conditions prohibiting the incineration of waste industrial and automotive batteries.
(2) Such conditions shall not prohibit the incineration of residues of any batteries that have undergone both treatment and recycling, provided that the treatment and recycling—
(a)
(a) used best available techniques, in terms of the protection of health and the environment; and
(b)
(b) complied, as a minimum, with Community legislation, in particular as regards health and safety and waste management.”.
(5) After regulation 17(4) insert—
“4A Any exempt activity set out in Schedule 3 containing no specific reference to batteries does not apply to the storage or treatment of batteries collected in accordance with Article 8 of the Batteries Directive.”.
(6) In Schedule 3 paragraph 17, insert after sub-paragraph (1)(b)—
“(ba)
“(ba) in the case of any waste batteries, storage takes place in accordance with the treatment conditions;”.
(7) In Schedule 3 paragraph 18, insert after sub-paragraph (1)(d)—
“(da)
“(da) in the case of any waste batteries, storage takes place in accordance with the treatment conditions;”.
(8) In Schedule 3 paragraph 36(2)—
(a)
(a) in paragraph (a), omit “and”; and
(b)
(b) insert after paragraph (a)—
“(aa)
“(aa) in the case of any waste batteries, storage takes place in accordance with the treatment conditions; and”.
(9) In Schedule 3 paragraph 39, insert after sub-paragraph (2)—
“2A In the case of any waste batteries, secure storage under sub-paragraph (1) or (2) must take place in accordance with the treatment conditions.”.
(10) In Schedule 3 paragraph 45, insert after sub-paragraph (4)—
“4A In the case of any waste batteries, sub-paragraphs (1) and (2) apply only if any treatment or storage of such batteries takes place in accordance with the treatment conditions.”.
Amendment of the 1995 Act
5. In section 56(1) of the 1995 Act, in the definition of “environmental licence” in the application of Part 1 of that Act to SEPA, after paragraph (j) insert—
“(ja)
“(ja) registration in respect of an activity falling within paragraph 17, 18, 36 or 39 of Schedule 3 to those Regulations, where the waste which is the subject of the activity consists of or includes waste batteries or accumulators to which Directive 2006/66/ECof the European Parliament and of the Council on batteries and accumulators applies, and those batteries or accumulators have been collected in accordance with Article 8 of that Directive,”.
Amendment of the 2000 Regulations
6.—(1) The 2000 Regulations are amended as follows.
(2) In regulation 2(1)—
(a)
(a) after the definition of “the 2003 Regulations”...
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