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The Batteries and Accumulators (Placing on the Market) Regulations 2008

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Prohibitions on mercury and cadmium

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4.  (1)  No person shall place on the market—

(a)a battery that contains more than 0.0005% of mercury by weight;

(b)a portable battery that contains more than 0.002% of cadmium by weight.

(2) The prohibition in paragraph (1)(a) shall not apply to a button cell with a mercury content of no more than 2% by weight.

(3) The prohibition in paragraph (1)(b) shall not apply to a portable battery intended for use in—

(a)emergency and alarm systems, including emergency lighting;

(b)medical equipment; or

(c)a cordless power tool.

(4) This regulation does not apply to a battery which is a component of a vehicle for the purposes of regulation 6 of the End-of-Life Vehicles Regulations 2003(1).

(5) In this regulation—

“portable battery” means any battery or battery pack which is—

(a)

sealed,

(b)

can be hand-carried by an average natural person without difficulty, and

(c)

is neither an automotive battery nor an industrial battery;

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

“industrial battery” means any battery 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

(d)

sealed but is not a portable battery;

“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; and

“cordless power tool” means a hand-held appliance powered by a battery and intended for maintenance, construction or gardening activities.

(1)

S.I. 2003/2635 to which there are amendments not relevant to these Regulations. This instrument implements Directive 2000/53/EC of the European Parliament and of the Council on end‑of life vehicles (OJ No. L269, 21.10.2000, p.34).

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