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Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In these Regulations, a reference to a battery or accumulator is a reference to a source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary (non-rechargeable) batteries or secondary (rechargeable) cells containing—

(a)

either—

(i)

more than 25mg mercury per cell; or

(ii)

in the case of alkaline manganese batteries, more than 0.025% mercury by weight;

(b)

more than 0.025% cadmium by weight; or

(c)

more than 0.4% lead by weight.

(2)

In these Regulations, unless the context otherwise requires—

  • “collection” means the gathering, sorting and/or grouping together of spent batteries and accumulators;

  • “Community” means the European Community;

  • “the Directive” means Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substancesf1;

  • “disposal” means any operation, provided that it is applicable to batteries and accumulators, included in Annex II A to the Framework Directive;

  • “excluded appliance” means an appliance within the list of categories of appliance contained in Annex II to the Directive and which is set out in Schedule 1 hereto;

  • “the Framework Directive” means Council Directive 75/442/EECf2 as amended by Council Directive 91/156/EECf3;

  • “heavy metal content mark” means, in the case of a battery or accumulator—

    1. (a)

      which contains mercury, the chemical symbol “Hg”;

    2. (b)

      which contains cadmium, the chemical symbol “Cd”; or

    3. (c)

      which contains lead, the chemical symbol “Pb”;

  • “market” has the same meaning as in the Directive or the Marking Directive, as the context may require;

  • “the Marking Directive” means Commission Directive 93/86/EEC adapting the Directive to technical progressf4;

  • “prohibited battery” has the meaning given by regulation 3(2) below;

  • “recovery” means any operation, provided that it is applicable to batteries and accumulators, included in Annex II B to the Framework Directive;

  • “relevant heavy metal content mark” in relation to a battery or accumulator means the heavy metal content mark which comprises the chemical symbol which relates to the heavy metal content of that particular battery or accumulator;

  • “separate collection mark” means one of the symbols shown in Article 2 of the Marking Directive and which, subject to regulation 4(2)(a) below, are set out as to their forms in Schedule 2 hereto; and

  • “spent” in relation to a battery or accumulator means a battery or accumulator which is not re-usable and is intended for recovery or disposal.

Annotations

Footnotes

f1

OJ No. L78, 26.3.91, p.38.

f2

OJ No. L194, 25.7.75, p.47.

f3

OJ No. L78, 26.3.91, p.32.

f4

OJ No. L264, 23.10.93, p.51.