(This note is not part of the Regulations)
These Regulations implement Commission Directive 98/101/EC (OJ No L1, 5.1.99, p. 1; “the amending Directive”), which amends Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances (OJ No L78, 26.3.91, p. 38; “the Batteries Directive”). The Batteries Directive was implemented by the Batteries and Accumulators (Containing Dangerous Substances) Regulations 1994 (S.I. 1994/232) (“the principal Regulations”), which these Regulations amend.
The principal changes are—
(a)the principal Regulations apply as from the date of coming into force of these amending Regulations to—
1. Batteries and accumulators put on the market as from 1st January 1999 containing more than 0.0005% of mercury by weight;
2. Batteries and accumulators put on the market as from 18th September 1992 and containing:
more than 25mg of mercury per cell, except alkaline manganese batteries,
more than 0.025% of cadmium by weight,
more than 0.4% of lead by weight;
3. Alkaline manganese batteries containing more than 0.025% of mercury by weight placed on the market as from 18th September 1992;
(regulation 2(c) of these Regulations, regulation 2A of the principal Regulations, implementing Article 1.2 of and the Annex to the amending Directive);
a prohibited battery or accumulator means batteries and accumulators (whether incorporated into appliances or otherwise) containing more than 0.0005% of mercury by weight, other than button cells and batteries composed of button cells with a mercury content of no more than 2% by weight (regulation 2(d) of these Regulations, regulation 3(2) of the principal Regulations, implementing Article 1.1 of the amending Directive); and
the maximum penalty for any offence under the principal Regulations is increased to level 5 on the standard scale (regulation 2(g) of these Regulations, regulation 7(1) of the principal Regulations). At the time of making these Regulations, level 5 stands at £5,000.
A regulatory Impact Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies are also available from the Environment Directorate of the Department of Trade and Industry, Bay 425, 151, Buckingham Palace Road, London SW1W 9SS.