Explanatory note

These Regulations amend the Batteries and Accumulators (Placing on the Market) Regulations 2008 (S.I. 2008/2164) (the “2008 Regulations”). The 2008 Regulations implement Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (OJ L 266, 26.9.2006, p. 1) (the “2006 Directive”).

These Regulations implement Directive 2013/56/EU of the European Parliament and of the Council (OJ L 329, 10.12.2013, p. 5) (the “2013 Directive”). The 2013 Directive amends the 2006 Directive by removing certain exemptions from the prohibitions in the 2006 Directive on the placing on the market of a battery containing more than 0.0005% of mercury by weight and of a battery containing more than 0.002% of cadmium by weight. The 2013 Directive also amends provisions in the 2006 Directive relating to the removability of waste batteries from appliances.

Regulation 3 amends the 2008 Regulations to provide that the exemption for a button cell with a mercury content of no more than 2% by weight will be removed on 1 October 2015 and that button cells lawfully placed on the market before 1st October 2015 are not to be regarded as infringing goods under the 2008 Regulations. Regulation 4 provides that the exemption for a portable battery intended for use in cordless power tools will be removed on 1st January 2017 and that such batteries lawfully placed on the market before 1st January 2017 are not to be regarded as infringing goods. Regulation 5 amends the 2008 Regulations to provide for the removability of waste batteries from appliances by an independent qualified professional where ready removal by the end-user is not possible.

A full impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sector has been prepared. As these Regulations transpose a Directive, a transposition note setting out how the Government has transposed the Directive into UK law has been prepared. Copies of the impact assessment and the transposition note have been placed in the libraries of both Houses of Parliament and are also annexed to the Explanatory Memorandum which is available alongside the instrument on the www.legislation.gov.uk website.