The Waste Batteries and Accumulators Regulations 2009

PART 2 U.K. General 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. U.K.

(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 [F1 retained EU 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.

Textual Amendments

F1 Words in Sch. 4 para. 10(3)(a)(ii) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 14(13) (as amended by S.I. 2020/1540, regs. 1(2), 11(8)(e)); 2020 c. 1, Sch. 5 para. 1(1)

11.  An approved battery treatment operator or approved battery exporter must comply with the requirements of regulation 66. U.K.

12.—(1) An approved battery treatment operator must hold a relevant authorisation in respect of any treatment of waste batteries accepted at a specified site to be carried out by it. U.K.

(2) In sub-paragraph (1), “relevant authorisation” means one of the following—

(a) an environmental permit granted under regulation 13 of [F2 the Environmental Permitting (England and Wales) Regulations 2016];

(b) an exempt waste operation under [F2 the Environmental Permitting (England and Wales) Regulations 2016] or any other operation exempt from the requirements of section 33(1)(a) and (b) of the Environmental Protection Act 1990 M1 under those Regulations.

(c) a permit granted under [F3 regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012];

(d) an authorisation granted under section 6 of the Environmental Protection Act 1990 M2 (“the 1990 Act”);

(e) a waste management licence granted under section 36 of the 1990 Act M3 ;

(f) an exemption registered or otherwise permitted under [F4 regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011];

(g) a permit granted under regulation 10 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 M4 ;

(h) an exemption registered under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003 M5 ;

(i) a waste management licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997 M6 .

Textual Amendments

F2 Words in Sch. 4 para. 12(2) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 29 (with regs. 1(3), 77-79, Sch. 4)

F3 Words in Sch. 4 para. 12(2)(c) substituted (S.) (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), Sch. 11 para. 21(2) (with reg. 71)

F4 Words in Sch. 4 Pt. 2 para. 12(2)(f) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), sch. para. 25

Marginal Citations

M1 1990 c. 43. Section 33(1) was amended section 120 and Schedule 24 of the Environment Act 1995 (c. 25), and by regulation 73 and paragraphs 2 and 4 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538).

M2 1990 c. 43. Section 6 was amended by paragraph 48 of Schedule 22 to the Environment Act 1995 (c. 25) and, in relation to England and Wales, by S.I. 2000/1973 with corresponding amendments in relation to Scotland made by S.S.I. 2000/323.

M3 Section 36 was repealed in relation to England and Wales by S.I. 2007/3538. There are other amendments to that section not relevant to these Regulations. It was amended by paragraph 68 of Schedule 22 and Schedule 24 to the Environment Act 1995 and, as regards Scotland, by the Nature Conservation (Scotland) Act 2004 (asp 6), Schedule 7, paragraph 7 and by the Natural Heritage (Scotland) Act 1991 (c. 28), Schedule 2, paragraph 10.

M4 S.R. 2003/46.

M5 S.R. 2003/493.

M6 S.I. 1997/2778 (N.I. 19).