List of useful definitions

"producer" means any person in a Member State that, irrespective of the selling technique used, including by means of distance communication as defined in Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts7, places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member
State on a professional basis;

"placing on the market" means supplying or making available, whether in return for payment or free of charge, to a third party within the Community and includes import into the customs territory of the Community;

"distributor" means any person who provides batteries, or as appropriate, accumulators on a professional basis to an end-user

"to distribute" means -
(i) to sell in exchange for any consideration, including money whether or not by finance agreement, including, but not exclusive, to any loan, lease, hiring or deferred sale agreement or arrangement relating to any battery or, as appropriate, accumulator whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place, or
(ii) giving as a prize or otherwise making a gift, and cognate words, other than distributor, shall be construed accordingly;

"distance communication" is as defined in Article 2(4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts5 or, as appropriate, means sales and marketing services by electronic communication, voice telephony services, including telesales and telemarketing or non-electronic direct marketing services, including mail order;

"battery" or "accumulator" means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);

"portable battery or accumulator" means any battery, button cell, battery pack or accumulator that -
(a) is sealed,
(b) can be hand-carried or, as appropriate,
(c) is neither an industrial battery or accumulator nor an automotive battery or accumulator;

"automotive battery or accumulator" means any battery or accumulator used for automotive starter, lighting or ignition power;

“industrial battery or accumulator" means any battery or accumulator designed for exclusively industrial or professional uses or used in any type of electric vehicle;

"battery pack" means any set of batteries or accumulators that are connected together or, as appropriate, encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;

"button cell" means any small round portable battery or accumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids, watches, small portable equipment and back-up power;

"waste battery or accumulator" means any battery or accumulator which is waste within the meaning of Article 1(1)(a) of Directive 2006/12/EC;

"civic amenity facility" means a purpose-designed facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste batteries;

"collection point" means

(i) any civic amenity facility,
(ii) any premises where batteries or, as appropriate, accumulators are stored following acceptance in accordance with the provisions of article 21(2),
(iii) any premises where batteries or, as appropriate, accumulators are stored prior to their distribution, including any distribution centre,
(iv) any premises where the user takes possession of industrial batteries or, as appropriate, accumulators,
(v) any educational establishment or workplace, or
(vi) other facility for the receipt, storage (including temporary storage), segregation, sorting or repackaging of waste batteries or, as appropriate, accumulators pending their onward transport to a recycling facility, subject to such a facility, other than a premises where industrial batteries or, as appropriate, accumulators are used, educational establishment or workplace, being appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act, or other such facilities as may be prescribed in Regulations;