UK Statutory Instrument SI 2009 United Kingdom

Waste Batteries and Accumulators Regulations 2009

These Regulations partially implement 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 (OJ No L 266, 26.9.2006, p 1). There is a relevant corrigendum which affects the date mentioned in Article 12(4) (OJ No L …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Environment Agency, OPSS, NRW
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 7 of 87 obligations carry an unlimited fine. 80 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator27 Manufacturer22 Any Person10 Distributor2 Applicant1

Plus 25 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 803 other Acts
Manufacturer — also bound by 551 other Acts
Any Person — also bound by 2684 other Acts
Distributor — also bound by 201 other Acts
Applicant — also bound by 325 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

1 of 8 sections shown
s.005 Delegation of document-signing function Regulated
  • Apply for approval to delegate document-signing authorityAny Person
7 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation (opens in a new tab)
s.003 Meaning of appropriate authority
s.004 Service of documents (opens in a new tab)
s.005 Signature of documents: meaning of appropriate person (opens in a new tab)
s.006 Application
s.modifications to the waste framework directive Modifications to the Waste Framework Directive
Part 2

PRODUCER OBLIGATIONS: PORTABLE BATTERIES

8 of 12 sections shown
s.007 Financing: portable batteries (opens in a new tab) Regulated
  • Finance the collection and recycling of waste portable batteriesManufacturer
s.011 Information provided to operators of battery compliance schemes (opens in a new tab) Regulated
  • Provide and update information for your battery compliance schemeAny Person
s.012 Record keeping (opens in a new tab) Regulated
  • Keep records of portable batteries placed on the UK marketManufacturer
s.013 Reporting: portable batteries placed on the market by a small producer (opens in a new tab) Prosecution
  • Report annual portable battery data and pay fees as a small producerManufacturer

Unlimited fine

s.015 Duty to join another scheme on withdrawal of approval (opens in a new tab) Regulated
  • Join a new battery compliance scheme if your current one is cancelledManufacturer
s.016 Treatment, recycling, record keeping and reporting after withdrawal of scheme approval (opens in a new tab) Regulated
  • Recycle and report waste batteries if your compliance scheme is withdrawnManufacturer
s.017 Duty of the appropriate authority to determine and notify producer's share (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulator must calculate and notify your market share of waste batteriesStatutory regulator
s.018 Declaration of compliance by producer (opens in a new tab) Regulated
  • Submit a battery compliance declaration and evidence notesManufacturer
4 other sections in this Part — procedural and definitional
s.008 Calculation of a producer's share
s.009 Duty to be a member of a battery compliance scheme (opens in a new tab)
s.010 Effect of membership of a battery compliance scheme (opens in a new tab)
s.014 Charges in relation to small producers (opens in a new tab)
Part 3

OBLIGATIONS OF BATTERY COMPLIANCE SCHEMES AND REGISTRATION OF PRODUCERS OF PORTABLE BATTERIES

11 of 12 sections shown
s.020 Duty of the appropriate authority to determine and notify scheme operator's aggregate share of costs (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Appropriate authority must determine and notify scheme cost sharesStatutory regulator
s.021 Treatment and recycling (opens in a new tab) Regulated
  • Ensure waste batteries are sent to approved treatment or export facilitiesOperator
s.022 Record keeping (opens in a new tab) Regulated
  • Keep records of waste portable batteries collected and treatedOperator
s.023 Reporting: batteries placed on the market by scheme members (opens in a new tab) Regulated
  • Report the amount of portable batteries placed on the UK marketOperator
s.024 Reporting: waste batteries (opens in a new tab) Regulated
  • Report weights of waste portable batteries collected and deliveredOperator
s.025 Declaration of compliance by battery compliance scheme (opens in a new tab) Regulated
  • Submit an annual declaration of compliance and waste battery evidenceOperator
s.026 Registration of producers of portable batteries (opens in a new tab) Regulated
  • Register portable battery producers with the appropriate authorityOperator
s.027 Form of an application to register scheme members or a small producer (opens in a new tab) Regulated
  • Register portable battery producers using the correct application formManufacturer
s.028 Duties of the appropriate authority in relation to applications to register producers of portable batteries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must process portable battery producer registrationsStatutory regulator
s.029 Notification of changes to registration details (opens in a new tab) Regulated
  • Notify the authorities of changes to your battery producer registrationManufacturer
s.030 Declaration of battery producer registration number (opens in a new tab) Regulated
  • Declare your battery producer registration number to buyersManufacturer
1 other section in this Part — procedural and definitional
s.019 Financing: portable batteries (opens in a new tab)
Part 4

PORTABLE BATTERIES: OBLIGATIONS AND RIGHTS OF DISTRIBUTORS AND OTHER ECONOMIC OPERATORS

4 of 4 sections shown
s.031 Take back (opens in a new tab) Regulated
  • Take back waste portable batteries free of chargeDistributor
s.032 Distributor's right to request collection of waste batteries (opens in a new tab) Regulated
  • Battery compliance schemes must collect waste batteries from distributorsOperator
s.033 Right of economic operators to participate in collection, treatment and recycling schemes (opens in a new tab) Regulated
  • Battery compliance schemes must accept waste batteries free of chargeOperator
s.034 Prohibition on showing the costs of collection, treatment and recycling of portable batteries (opens in a new tab) Prosecution
  • Do not show battery recycling costs separately to customersDistributor

Unlimited fine

Part 5

PRODUCER OBLIGATIONS: INDUSTRIAL AND AUTOMOTIVE BATTERIES

10 of 12 sections shown
s.035 Take back: industrial batteries (opens in a new tab) Regulated
  • Take back waste industrial batteries from end-users free of chargeManufacturer
s.036 Collection: automotive batteries (opens in a new tab) Regulated
  • Collect waste automotive batteries and publish collection instructionsManufacturer
s.038 Treatment and recycling (opens in a new tab) Prosecution
  • Deliver waste industrial and automotive batteries to approved facilitiesManufacturer

Unlimited fine

s.039 Record keeping (opens in a new tab) Regulated
  • Keep records of industrial and automotive batteriesManufacturer
s.040 Reporting: industrial and automotive batteries placed on the market (opens in a new tab) Regulated
  • Report weights of industrial and automotive batteries placed on the marketManufacturer
s.041 Reporting: waste batteries (opens in a new tab) Regulated
  • Report waste industrial and automotive batteries collected and treatedManufacturer
s.042 Registration of producers: industrial batteries or automotive batteries (opens in a new tab) Regulated
  • Register as a producer of industrial or automotive batteriesManufacturer
s.043 Application to register (opens in a new tab) Regulated
  • Register as a producer of industrial or automotive batteriesManufacturer
s.045 Duties of the Secretary of State in relation to registration of producers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must process battery producer registrations within 28 daysCrown / Minister / Government department
s.046 Declaration of battery producer registration number (opens in a new tab) Regulated
  • Declare your battery producer registration number to buyersManufacturer
2 other sections in this Part — procedural and definitional
s.037 Alternative financing agreements (opens in a new tab)
s.044 Notification of changes to registration details (opens in a new tab)
Part 6

APPROVAL OF BATTERY COMPLIANCE SCHEMES

7 of 9 sections shown
s.047 Application for approval of a proposed battery compliance scheme (opens in a new tab) Regulated
  • Apply for approval of a proposed battery compliance schemeOperator
s.048 Further information in respect of an application (opens in a new tab) Regulated
  • Provide additional information for battery scheme applications upon requestApplicant
s.049 Approval of proposed schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Appropriate authority must approve or refuse battery compliance schemesStatutory regulator
s.050 Notification of determination (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulator must notify you of the decision on your waste battery schemeStatutory regulator
s.051 Effect and consequences of approval (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must publish battery scheme details and notify producers of approvalStatutory regulator
s.052 Conditions of approval (opens in a new tab) Regulated
  • Comply with conditions of approval for your battery compliance schemeOperator
s.054 Withdrawal of approval of a battery compliance scheme (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulator must notify you if your battery compliance scheme is withdrawnStatutory regulator
2 other sections in this Part — procedural and definitional
s.053 Annual confirmation of approval of a battery compliance scheme (opens in a new tab)
s.055 Charges (opens in a new tab)
Part 7

DISPOSAL, TREATMENT AND RECYCLING

6 of 13 sections shown
s.058 Application for approval (opens in a new tab) Regulated
  • Apply for approval to treat or export waste batteriesOperator
s.060 Notification of decision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulator must notify battery treatment/exporter applicants of decisionsStatutory regulator
s.062 Application for extension of approval of an exporter to an additional site (opens in a new tab) Regulated
  • Apply to extend battery exporter approval to additional sitesAny Person
s.063 Conditions of approval (opens in a new tab) Prosecution
  • Comply with waste battery treatment and export conditionsOperator

Unlimited fine

s.066 Reporting (opens in a new tab) Regulated
  • Submit battery treatment and export reportsOperator
s.067 Record keeping (opens in a new tab) Regulated
  • Keep records of battery treatment or exports for four yearsOperator
7 other sections in this Part — procedural and definitional
s.056 Prohibition on disposing of waste automotive and industrial batteries in a landfill or by incineration (opens in a new tab)
s.057 Requirement for approval of battery treatment operators and exporters (opens in a new tab)
s.059 Decision in relation to application (opens in a new tab)
s.061 Effect and consequences of a grant of approval (opens in a new tab)
s.064 Suspension and cancellation of approval (opens in a new tab)
s.065 Charges (opens in a new tab)
s.modification of the landfill directive Modification of the Landfill Directive
Part 8

POWERS AND DUTIES OF THE SECRETARY OF STATE

7 of 8 sections shown
s.068 Information for end-users of batteries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must provide environmental information to battery usersCrown / Minister / Government department
s.069 Batteries evidence notes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must approve a format for battery evidence notesCrown / Minister / Government department
s.070 Overarching objective: maximising collection of portable batteries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure battery collection targets are metCrown / Minister / Government department
s.071 Increased environmental performance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must promote greener battery research and developmentCrown / Minister / Government department
s.072 New recycling technologies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must support battery recycling research and technologyCrown / Minister / Government department
s.073 Information for appropriate authorities in relation to producers of industrial or automotive batteries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify authorities of battery producer registrationsCrown / Minister / Government department
s.074 Reports and information provided by producers of industrial and automotive batteries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish reporting formats for battery producersCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.075 Monitoring (opens in a new tab)
Part 9

DUTIES OF THE APPROPRIATE AUTHORITIES

6 of 6 sections shown
s.076 Registration of producers (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • Regulators must maintain a public register of battery producersStatutory regulator

Unlimited fine

s.077 Information for appropriate authorities and the Secretary of State in relation to producers of portable batteries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must share producer information with the Secretary of StateStatutory regulator
s.078 Monitoring (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environmental authorities must monitor battery compliance and data accuracyStatutory regulator
s.079 General duties in relation to battery compliance schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must publish approved compliance schemes and reporting formatsStatutory regulator
s.080 General duties in relation to approved battery treatment operators and approved exporters (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must publish list of approved battery operators and formsStatutory regulator
s.081 Information: portable batteries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must publish data on batteries placed on the market and collectedStatutory regulator
Part 10

DISCLOSURE OF INFORMATION

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.082 Disclosure of information (opens in a new tab)
Part 11

APPEALS

1 of 3 sections shown
s.085 Determination of appeals (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must implement appeal decisionsStatutory regulator
2 other sections in this Part — procedural and definitional
s.083 Right of appeal (opens in a new tab)
s.084 Procedure of appeals (opens in a new tab)
Part 12

ENFORCEMENT

1 of 3 sections shown
s.087 Enforcement notices (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • Regulators must issue a formal notice before prosecuting for battery wasteStatutory regulator

Unlimited fine

2 other sections in this Part — procedural and definitional
s.086 Enforcement authorities (opens in a new tab)
s.088 Powers of entry and inspection (opens in a new tab)
Part 13

OFFENCES AND PENALTIES

1 of 3 sections shown
s.089 Offences (opens in a new tab) Prosecution
  • Fail to comply with battery waste regulationsAny Person

Unlimited fine

2 other sections in this Part — procedural and definitional
s.090 Penalties (opens in a new tab)
s.091 Commencement of proceedings (opens in a new tab)
Part 14

AMENDMENTS TO OTHER ENACTMENTS

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.092 Amendments to other enactments (opens in a new tab)
Schedules

Schedules

24 of 84 shown
s.sch001 In relation to the waste portable batteries in respect of... Regulated
  • Declare whether you've met battery recycling obligations and state the tonnage fundedManufacturer
s.sch002 An indication of which categories of battery the producer is... Regulated
  • Tell the regulator which battery categories you place on the marketManufacturer
s.sch002 Information as to— (a) whether the producer is meeting or... Regulated
  • Provide information on how you meet producer responsibilitiesManufacturer
s.sch002 A signed declaration of the truth of the information provided... Regulated
  • Include a signed declaration of truth with your battery producer registrationManufacturer
s.sch003 That the proposed scheme has the necessary resources and systems... Regulated
  • Have systems and resources to manage battery scheme complianceOperator
s.sch004 (1) An approved battery treatment operator must ensure that the... Regulated
  • Use best available techniques and meet minimum recycling standards for waste batteriesOperator
s.sch004 An approved battery treatment operator or approved battery exporter must... Regulated
  • Comply with regulation 66 requirementsOperator
s.sch004 (1) An approved battery treatment operator must hold a relevant... Regulated
  • Hold a valid environmental permit or licence for battery treatmentOperator
s.sch004 An approved battery treatment operator must not issue a batteries... Regulated
  • Don't issue batteries evidence notes unless conditions are metOperator
s.sch004 An approved battery treatment operator must record a quantity of... Regulated
  • Record waste portable battery quantities on evidence notes in tonnesOperator
s.sch004 An approved battery treatment operator must retain a duplicate copy... Regulated
  • Keep duplicate copies of batteries evidence notes for inspectionOperator
s.sch004 An approved battery treatment operator must not issue a batteries... Regulated
  • Don't issue evidence notes for more waste than you can recycleOperator
s.sch004 An approved battery treatment operator must not issue a batteries... Regulated
  • Do not issue evidence notes for portable batteries already accepted by another operatorOperator
s.sch004 An approved battery treatment operator must issue batteries evidence notes... Regulated
  • Issue batteries evidence notes in the approved formatOperator
s.sch004 An approved battery treatment operator must issue a batteries evidence... Regulated
  • Only issue batteries evidence notes to scheme operators or qualifying producersOperator
s.sch004 An approved battery treatment operator must not issue a batteries... Regulated
  • Do not issue evidence notes after 30th April following the approval periodOperator
s.sch004 An approved battery treatment operator must not arrange for the... Regulated
  • Only export waste portable batteries through approved exportersOperator
s.sch004 An approved batteries exporter must not issue a batteries evidence... Regulated
  • Only issue export evidence notes for genuine UK waste batteries exported legallyAny Person
s.sch004 An approved batteries exporter must record a quantity of waste... Regulated
  • Record waste portable battery weights on evidence notesAny Person
s.sch004 An approved batteries exporter must not issue a batteries evidence... Regulated
  • Do not issue batteries evidence notes for incorrect amountsAny Person
s.sch004 An approved batteries exporter must issue batteries evidence notes only... Regulated
  • Use only Secretary of State-approved format for battery evidence notesAny Person
s.sch004 An approved batteries exporter must not issue a batteries evidence... Regulated
  • Do not issue batteries evidence notes after 30th April following the approval periodAny Person
s.sch004 In the case of an application made by an exporter—... Regulated
  • Include detailed information in application to export waste batteriesAny Person
s.sch007 (1) The appeal body or other person determining an appeal... Regulated
Other duties (1) — Crown / regulator
  • Appeal body must notify appellant of decision and reasonsTribunal / Court
60 other schedules
s.001 Information and declaration to be included in a declaration of compliance by a producer (opens in a new tab)
s.003 Approval of proposed schemes (opens in a new tab)
s.006 Register of producers (opens in a new tab)
s.008 Amendments to other enactments (opens in a new tab)
s.sch001 The name and address of the producer.
s.sch001 In relation to the waste portable batteries in respect of...
s.sch001 The name and title of the signatory of the declaration....
s.sch001 The date of the declaration.
s.sch001 The compliance period to which the declaration relates.
s.sch001 The name and address of the scheme operator.
s.sch001 The name and title of the signatory of the declaration....
s.sch001 The date of the declaration.
s.sch001 The compliance period to which the declaration relates.
s.sch002 The date of the application for registration.
s.sch002 The name of the producer and any brand name under...
s.sch002 The following contact details for the producer—
s.sch002 An address for service of notices on the producer if...
s.sch002 The name and telephone number of a contact person for...
s.sch002 If the producer has been registered under these Regulations within...
s.sch003 The name of the proposed scheme.
s.sch003 In paragraph 9(d)(iii), “the scheme information campaign” means a campaign...
s.sch003 That the rules of the proposed scheme provide—
s.sch003 That the operator of the proposed scheme is likely to...
s.sch003 That the proposed scheme is likely to—
s.sch003 (1) That the operator of a proposed scheme—
s.sch003 The name of the operator of the proposed scheme.
s.sch003 The address and telephone number of— (a) the registered office...
s.sch003 Where the operator of the proposed scheme is a partnership...
s.sch003 An address for service of notices if different from that...
s.sch003 Confirmation that the rules of the proposed scheme provide—
s.sch003 (1) A statement as to whether or not the operator...
s.sch003 Confirmation that the rules of the proposed scheme provide—
s.sch003 The operational plan must include the following information in relation...
s.sch004 The name of the battery treatment operator or exporter.
s.sch004 The registered office address and telephone number of the battery...
s.sch004 An approved batteries exporter must retain a duplicate copy of...
s.sch004 An approved batteries exporter must issue a batteries evidence note...
s.sch004 Where the battery treatment operator or exporter is a partnership...
s.sch004 Where the battery treatment operator or exporter is a body...
s.sch004 An address for service of notices if different from that...
s.sch004 The year for which approval is applied for.
s.sch004 In the case of an application made by a battery...
s.sch004 Confirmation of whether or not the battery treatment operator or...
s.sch006 The name of the producer and any brand name under...
s.sch006 The following contact details for the producer—
s.sch006 An address for service of notices on the producer if...
s.sch006 An indication of the categories of battery placed on the...
s.sch006 Information as to— (a) whether the producer meets its responsibilities...
s.sch006 The producer's battery producer registration number.
s.sch006 The date of the application for registration.
s.sch007 (1) Where a person wishes to appeal to an appeal...
s.sch007 (1) Subject to sub-paragraph (2), notice of appeal must be...
s.sch007 Where under regulation 84(2) the appeal includes a hearing, the...
s.sch007 A person who wishes to appeal to the Planning Appeals...
s.sch007 An appellant may withdraw an appeal by notifying the appeals...
s.sch007 Notice of appeal in accordance with paragraph 5 is to...
s.sch007 The appeals commission shall determine the appeal and paragraphs (1),...
s.sch007 The appeals commission shall determine the process for determining appeals...
s.sch008 Amendment to the Environment Act 1995
s.sch008 Amendments to the Environmental Permitting (England and Wales) Regulations 2007

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