The Waste Batteries and Accumulators Regulations 2009

Regulation 92

SCHEDULE 8 Amendments to other enactments

Amendment to the Environment Act 1995

1.—(1) Section 41(1) of the Environment Act 1995(1) (power to make schemes imposing charges) is amended as follows.

(2) After paragraph (f), insert—

“(g) as a means of recovering costs incurred by it in performing functions conferred by regulations made for the purpose of implementing Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators, as amended from time to time, each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed.”.

Amendments to the Environmental Permitting (England and Wales) Regulations 2007

2.—(1) The Environmental Permitting (England and Wales) Regulations 2007(2) are amended as follows.

(2) In regulation 2(1)—

(a) after the definition of “appropriate authority”, insert—

““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;”;

(b) after the definition of “waste”, insert—

““waste battery or accumulator” has the meaning given by Article 3(7) of the Batteries Directive, but does not include any waste which is excluded from the scope of that Directive by Article 2(2);”.

(3) In regulation 35, after paragraph (l), insert—

“(m)  Schedule 18A (provision in relation to waste batteries and accumulators).”.

(4) After regulation 68, insert—

“Further provision in relation to waste batteries and accumulators

68A.— (1) Paragraph (2) applies to any environmental permit which—

(a) immediately before the coming into force of the Waste Batteries and Accumulators Regulations 2009, authorised a waste operation which involves treatment of waste batteries or accumulators; and

(b) does not require compliance with Article 12(2) of the Batteries Directive.

(2) If this paragraph applies, the environmental permit must be read as if it contained the following condition—

“Treatment of waste batteries and accumulators must meet the minimum requirements set out in Annex III, Part A of 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.”.

(3) In this regulation, “treatment” has the meaning given in Article 3(10) of the Batteries Directive.”.

(5) After paragraph 52 of Schedule 3, insert—

“Storage of waste portable batteries at a collection point

53.— (1) Storage of waste portable batteries, including hazardous waste, at a collection point.

(2) In this paragraph—

“collection point” means a place where end-users are able to deposit waste portable batteries at the premises of a distributor fulfilling its duty to take back such batteries under regulation 31(1) of the Waste Batteries and Accumulators Regulations 2009;

“distributor” and “portable battery” have the meaning given in regulation 2(1) of those Regulations.”.

(6) The following Schedule is inserted in the appropriate place—

Regulation 35(m)

“SCHEDULE 18A Provision in relation to waste batteries and accumulators

Application

1.   This Schedule applies in relation to waste batteries and accumulators.

Exercise of relevant functions

2.   The regulator must exercise its relevant functions so as to ensure compliance with Article 12(2) of the Batteries Directive.”.

(1)

1995 c. 25. Section 41(1) has been amended by S.I. 2005/894, 2005/1806 (W. 138), 2007/1711, 2007/3106, 2008/3087.

(2)

S.I. 2007/3538.