BATTERIES AND ACCUMULATORS REGULATIONS

BATTERIES AND ACCUMULATORS

SUBSIDIARY LEGISLATION 427.08

BATTERIES AND ACCUMULATORS

REGULATIONS

26th September, 2008

LEGAL NOTICE 311 of 2007, as amended by Legal Notices 88 of 2009,

311 of 2011 and 191 of 2014.

The title of these regulations is the Batteries and

Accumulators Regulations.

SYMBOL FOR BATTERIES, ACCUMULATORS AND BATTERY

PACKS FOR SEPARATE COLLECTION

The symbol indicating "separate collection" for all batteries and

accumulators shall be the crossed-out wheeled bin shown below.

(a) These regulations implement the provisions of

Directive 2006/66/EC of the European Parliament and

of the Council of the 6th September, 2006.

(b) These regulations also implement Articles 1(1), (2), (4),

(10)(a) and (10)(b) of Directive 2013/56/EU of the

European Parliament and of the Council of 20 November

2013 amending Directive 2006/66/EC of the European

Parliament and of the Council on batteries and

accumulators and waste batteries and accumulators as

regards the placing on the market of portable batteries

and accumulators containing cadmium intended for use

in cordless power tools, and of button cells with low

mercury content, and repealing Commission Decision

2009/603/EC.

(1) These regulations shall apply to all types of batteries

and accumulators, regardless of their shape, volume, weight,

material composition or use. It shall apply without prejudice to the

Waste Management (End of Life Vehicles) Regulations and to the

Wa s t e M a n a g e m e n t ( E l e c t r i c a l a n d E l e c t r o n i c E q u i p m e n t )

Regulations.

(2) These regulations shall not apply to batteries and

accumulators used in

(a) essential security interests, arms, munitions and war

material, with the exclusion of products that are not

intended for specifically military purposes;

(b) equipment designed to be sent into space.

For the purposes of these regulations, the following

definitions shall apply

1. "automotive battery or accumulator" means any

battery or accumulator used for automotive starter,

lighting or ignition power;

2. "battery" or "accumulator" 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);

3. "battery pack" means any set of batteries or

BATTERIES AND ACCUMULATORS

accumulators that are connected together and, 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;

4. "button cell" means any small round portable battery

or accumulator whose diameter is greater than its

height and which is used for special purposes such as

hearing aids, watches, small portable equipment and

back-up power;

"cordless power tool" means any hand held appliance

powered by a battery or accumulator and intended for

maintenance, construction or gardening activities;

"industrial battery or accumulator" means any battery

or accumulator designed for exclusively industrial or

professional uses or used in any type of electric

vehicle;

"placing on the market" means supplying or making

available, whether in return for payment or free of

charge, to a third party within the Community and

includes import into the customs territory of the

Community;

"portable battery or accumulator" means any battery,

button cell, battery pack or accumulator that

(i) is sealed; and

(ii) can be hand-carried; and

(iii) is neither an industrial battery or accumulator

nor an automotive battery or accumulator.

5. (1) Without prejudice to the Waste Management (End of

Life Vehicles) Regulations, the marketing of the following

batteries is prohibited

(a) all batteries or accumulators, whether or not

incorporated into appliances, that contain more than

0,0005 % of mercury by weight; and

(b) portable batteries or accumulators, including those

incorporated into appliances, that contain more than

0,002 % of cadmium by weight.

(2) The prohibition set out in subregulation (1)(a) shall not apply

to button cells with a mercury content of no more than 2% by weight

until 1 October 2015.

(3) The prohibition set out in sub-regulation (1)(b) shall not

apply to portable batteries and accumulators intended for use in

(a) emergency and alarm systems, including emergency

lighting;

(b) medical equipment; or

(c) cordless power tools; this exemption in respect of

cordless power tools shall apply until 31 December 2016.

6. (1)

All batteries, accumulators and battery packs shall be

BATTERIES AND ACCUMULATORS

appropriately marked with the symbol shown in the Schedule.

(2) The capacity of all portable and automotive batteries and

accumulators shall be indicated on them in a visible, legible and

indelible form by 26 September 2009.

(3) Batteries, accumulators and button cells containing more

than 0,0005% mercury, more than 0,002% cadmium or more than

0,004% lead, shall be marked with the chemical symbol for the

metal concerned: Hg, Cd or Pb. The symbol indicating the heavy

metal content shall be printed beneath the symbol shown in the

Schedule and shall cover an area of at least one-quarter the size of

that symbol.

(4) The symbol shown in the Schedule shall cover at least 3%

of the area of the largest side of the battery, accumulator or battery

pack, up to a maximum size of 5 x 5 cm. In the case of cylindrical

cells, the symbol shall cover at least 1,5% of the surface area of the

battery or accumulator and shall have a maximum size of 5 x 5 cm.

(5) Where the size of the battery, accumulator or battery pack is

such that the symbol would be smaller than 0,5 x 0,5 cm, the

battery, accumulator or battery pack need not be marked but a

symbol measuring at least 1 cm x 1 cm shall be printed on the

packaging.

(6)

Symbols shall be printed visibly, legibly and indelibly.

7. Manufacturers shall promote research and improve the

overall environmental performance of batteries and accumulators

throughout their entire life cycle as well as develop and market

batteries and accumulators which contain smaller quantities of

dangerous substances or which contain less polluting substances, in

particular as substitutes for mercury, cadmium and lead.”.

8. (1) The placing on the market, of batteries and

accumulators that meet the requirements of these regulations, shall

not be impeded, prohibited or restricted.

(2) Batteries and accumulators which do not meet the

requirements of these regulations, but which were lawfully placed on

the market prior to the date of application of the respective

prohibitions set out in regulation 5, may continue to be marketed until

stocks are exhausted.

(1) Manufacturers shall design appliances in such a way

that waste batteries and accumulators can be readily removed.

W h e r e t h e y c a n n o t b e r e a d i l y r e m o v e d b y t h e e n d - u s e r,

manufacturers shall design appliances in such a way that waste

batteries and accumulators can be readily removed by qualified

professionals that are independent of the manufacturer. Appliances

in which batteries and accumulators are incorporated shall be

accompanied by instructions on how those batteries and

accumulators can be safely removed by either the end-user or by

independent qualified professionals. Where appropriate, the

instructions shall also inform the end-user of the types of battery or

accumulator incorporated into the appliance.

(2)

The provisions set out in sub-regulation (1) shall not apply

BATTERIES AND ACCUMULATORS

where, for safety, performance, medical or data integrity reasons,

continuity of power supply is necessary and a permanent

connection between the appliance and the battery or accumulator is

required.