The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003 N.I.

3.—(1) In regulation 1(3) (Citation, commencement and interpretation) of the Waste Management Licensing Regulations (Northern Ireland) 2003(1)—

(a) there shall be inserted in the appropriate place—

““the Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC(2);

“automotive battery or accumulator” means any battery or accumulator used for automotive starter, lighting or ignition power;

“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);

“battery pack” means any set of batteries or accumulators 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;

“distributor” means any person that provides batteries or accumulators on a professional basis to an end-user;

“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose;

“industrial battery or accumulator” means any battery, accumulator 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 accumulator; or

(d)

sealed but is not a portable battery or accumulator;

“portable battery or accumulator” means any battery, accumulator 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 battery or accumulator nor an industrial battery or accumulator;

“waste battery or accumulator” means any battery or accumulator which is waste within the meaning of Article 1(1)(a) of Directive 2006/12/EC of the European Parliament and of the Council on waste(3);”;

(b) for the definition of “recycling”(4) there shall be substituted—

““recycling”—

(a)

in relation to WEEE, has the meaning given by Article 3(e) of the WEEE Directive;

(b)

in relation to waste batteries or accumulators, means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;”;

(c) for the definition of “treatment”(5) there shall be substituted—

““treatment”—

(a)

in relation to WEEE, has the meaning given by Article 3(h) of the WEEE Directive;

(b)

in relation to waste batteries or accumulators, means any activity carried out on waste batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling or preparation for disposal;”.

(2) After regulation 11A (Conditions of site licences: WEEE)(6) there shall be inserted the following regulation—

“Conditions of waste management licences: waste batteries and accumulators

11B.   The Department shall ensure that any waste management licence granted or varied on or after 20th May 2009 authorising an establishment or undertaking to carry out treatment of waste batteries or accumulators contains such conditions as it considers necessary to give effect to Article 12(2) and Annex III, Part A of the Batteries Directive.”.

(3) After regulation 16 (Exclusion of activities under other control regimes from waste management licensing) there shall be inserted the following regulation—

“Exclusion from waste management licensing: waste batteries and accumulators

16A.   Article 4(1)(a), (b) and (c) of the 1997 Order shall not apply in relation to the storage of waste portable batteries or accumulators at a collection point where “ collection point” means a place where end-users are able to deposit waste portable batteries or accumulators at the premises of a distributor fulfilling its duty to take back such waste portable batteries or accumulators under Article 8(1)(b) of the Batteries Directive.”.

(4) In regulation 17 (Exemptions from waste management licensing) in paragraph (3A)(7) after “WEEE” there shall be inserted “or waste batteries or accumulators”.

(5) In regulation 18(12)(c)(8) (Registration in connection with exempt activities) for “49, 50 and 51” there shall be substituted “49, 50, 51 and 52”.

(6) In Part I of Schedule 2 (Activities exempt from waste management licensing)—

(a) in paragraph 40(1), after “the temporary storage of WEEE”(9) there shall be inserted “or waste batteries or accumulators”;

(b) in paragraph 41(1) for “(including WEEE)” there shall be substituted “(including WEEE or waste batteries or accumulators)”;

(c) after paragraph 51(10) there shall be inserted the following paragraph—

“52.   The secure storage at a place other than the place of production, pending its recovery, of waste batteries or accumulators of a kind described in Table 11E, if—

(a) the total quantity of waste batteries or accumulators stored at the site at any one time does not exceed the maximum quantity specified in Table 11E;

(b) the total duration that the waste batteries or accumulators are stored for does not exceed the maximum duration specified in Table 11E;

(c) the waste batteries or accumulators are stored in a container separate from other wastes; and

(d) the storage site has sealed drainage.

Table 11E

EWC codes	Kind of waste	Maximum quantity	Maximum duration
160601*, 160602*, 160604, 200133*, 200134	batteries and accumulators	5 tonnes for automotive batteries and accumulators, 10 tonnes for portable batteries and accumulators	6 months”

(7) In paragraph 13 of Part I of Schedule 3 (Duty to carry out appropriate periodic inspections)—

(a) in sub-paragraph (4A)(11) for “49, 50 and 51” there shall be substituted “49, 50, 51 and 52”;

(b) in Table 14 in the first column for “11, 13, 19, 45, 46” there shall be substituted “11, 13, 19, 45, 46, 52”.

Commencement Information

I1 Reg. 3 in operation at 20.5.2009, see reg. 1

(1)

S.R. 2003 No. 493 as amended by S.R. 2003 No. 496, S.R. 2005 No. 300, S.R. 2006 No. 280, S.R. 2006 No. 489, S.R. 2006 No. 519, S.R. 2007 No. 258, S.R. 2008 No. 18 and S.R. 2009 No. 76

(2)

O.J. No. L266, 26.9.2006, p. 1

(3)

O.J. No. L114, 27.4.2006, p. 9

(4)

S.R. 2006 No. 519

(5)

S.R. 2006 No. 519

(6)

S.R. 2006 No. 519

(7)

S.R. 2006 No. 519

(8)

S.R. 2006 No. 519

(9)

S.R. 2006 No. 519

(10)

S.R. 2006 No. 519

(11)

S.R. 2006 No. 519