SCHEDULE 4Approval of battery treatment operators and exporters

PART 2General conditions of approval

10.

(1)

An approved battery treatment operator must ensure that the requirements of sub-paragraph (3) are met in relation to waste batteries accepted at a specified site by that approved battery treatment operator for treatment and recycling by, or on behalf of, that approved battery treatment operator.

(2)

An approved battery exporter must ensure that—

(a)

waste batteries are exported for treatment or recycling at a site in relation to which the exporter is approved; and

(b)

the requirements of sub-paragraph (3) are met by each establishment or undertaking to which it exports waste batteries for treatment or recycling.

(3)

The requirements of this sub-paragraph are that—

(a)

treatment and recycling of waste batteries—

(i)

uses best available techniques, in terms of the protection of health and the environment;

(ii)

complies, as a minimum, with F1F2assimilated law and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, in particular as regards health and safety and waste management;

(b)

treatment of waste batteries meets the following minimum requirements—

(i)

treatment must, as a minimum, include removal of all fluids and acids; and

(ii)

treatment and any storage, including temporary storage, at treatment facilities must take place in sites with impermeable surfaces and suitable weatherproof covering or in suitable containers;

(c)

subject to sub-paragraph (4), recycling of waste batteries meets the following minimum recycling efficiencies and associated requirements—

(i)

recycling of 65% by average weight of lead-acid batteries, including recycling of the lead content to the highest degree that is technically feasible while avoiding excessive costs;

(ii)

recycling of 75% by average weight of nickel-cadmium batteries, including recycling of the cadmium content to the highest degree that is technically feasible while avoiding excessive costs; and

(iii)

recycling of 50% by average weight of other waste batteries.

(4)

The requirements of sub-paragraph (3)(c) are not required to be met at any time before 26th September 2011.