# The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019, Regulation 10: Commission Regulation (EU) No 493/2012 laying down detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators Extent: E+W+S+N.I. (1) Commission Regulation (EU) No 493/2012 laying down detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators is amended as follows. (2) In Article 2— (a) the existing text becomes paragraph 1; (b) in that paragraph, after point (4) insert— “(4A) “waste battery or accumulator” means any battery or accumulator which is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive; (4B) “disposal” means any of the applicable operations provided for in Annex 1 to the Waste Framework Directive; (4C) “Directive 2006/66/EC” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators, as last amended by Directive (EU) 2018/849 of the European Parliament and of the Council;”; (c) after that paragraph, insert— “ 2 In paragraph 1, “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , read in accordance with paragraphs 3 and 4. 3 Article 5 is to be read as if— (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted; (b) after paragraph 1 there were inserted— “1A. Any decision as to whether a substance or object is a by-product must be made— (a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and (b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”; (c) paragraphs 2 and 3 were omitted. 4. Article 6 is to be read as if— (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted; (b) after paragraph 1 there were inserted— “1A. Any decision as to whether a substance or object has ceased to be waste must be made— (a) in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and (b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”; (c) in paragraph 2— (i) the first subparagraph were omitted; (ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”; (iii) the third and fourth subparagraphs were omitted; (d) paragraph 3 were omitted; (e) in paragraph 4— (i) in the first subparagraph— (aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”; (bb) the second sentence were omitted; (ii) in the second subparagraph— (aa) for “Member States” there were substituted “The competent authority”; (bb) “by competent authorities” were omitted. 5. In this Article— “appropriate agency” means— (a) in relation to England, the Environment Agency; (b) in relation to Wales, the Natural Resources Body for Wales; (c) in relation to Scotland, the Scottish Environment Protection Agency; “appropriate authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers; (c) in relation to Scotland, the Scottish Ministers.”. (3) In Article 3(4) and (6), for “Member State's competent authorities” substitute “ competent authority ”. (4) Omit Article 4. (5) After Article 4, omit from “This Regulation” to “Member States”. (6) In Annex 1, after point 6 insert— “ 7 For the purposes of point 1, Directive 2006/66/EC is to be read as if “waste battery or accumulator” had the meaning given by Article 2(1)(4A). 8 In point 3, “producer” means any person ... that, irrespective of the selling technique used, including by distance contract, places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within Great Britain on a professional basis. 9 In point 8— (a) “appliance” means any electrical or electronic equipment, as defined by Article 3(1)(a) of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) as last amended by Directive (EU) 2018/849 , which is fully or partly powered by batteries or accumulators or is capable of being so; (b) “distance contract” has the meaning given in regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ; (c) “placing on the market' means supplying or making available, whether in return for payment or free of charge, to a third party within Great Britain and includes import into Great Britain.”. (7) In Annexes 2 and 3, after point 2 insert— “ 3 For the purposes of point 1, Directive 2006/66/EC is to be read as if “waste battery or accumulator” had the meaning given by Article 2(1)(4A).”. --- Source: https://www.legislation.gov.uk/uksi/2019/620/regulation/10 (the official version) Page: https://openlegislation.uk/waste-miscellaneous-amendments-eu-exit-regulations-2019/regulation-10 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.