Frequently Asked Questions
Are any exemptions from the Battery - Directive?
Prohibition
Article 5 states;
Subject to article 6, on and from
(a) 26 September 2008, any person shall be prohibited from placing on the market or, as appropriate, distributors shall be prohibited from distributing
(i) all batteries that contain more than 0.0005% of mercury by weight,
(ii) portable batteries that contain more than 0.002% of cadmium by weight or, as appropriate,
(iii) any battery or, as appropriate, battery pack
(a) that is not marked in accordance with the provisions of articles 31(1)(a) and 31(2) or, as appropriate,
(b) whose size is such that the symbol shown in the Fifth Schedule would be smaller than 0.5 x 0.5 cm and whose packaging is not marked in accordance with the provisions of articles 31(2) and 31(3) or, as appropriate,
(b) 26 September 2009, any person shall be prohibited from placing on the market or, as appropriate, distributors shall be prohibited from distributing any battery placed on the market on or from 26 September 2009 that does not display the capacity of the battery concerned in accordance with the provisions of article 31(6) unless exempted in accordance with the provisions of article 31(7).
Exemptions
Article 6 states;
(1) The prohibition in-
(a) article 5(a) shall not apply in respect of button cells with a mercury content of no more than 2% by weight
(b) article 5(a)(ii) shall not apply to portable batteries intended for use in;
(a) emergency & alarm systems, incl. emergency lighting,
(b) medical equipment or
(c) cordless power tools
Also, prohibitions shall not apply in respect of batteries and/or accumulators placed on the market prior 26th September 2008 in compliance with previous Battery Directive 91/ 157/EEC of 18th March 1991
(2) The provisions of this Part shall not apply to batteries placed on the market prior to 26 September 2008 in compliance with Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances.
Article 34 outlines further exemptions from certain requirements.
Articles 23(1), 23(3), 23(4), 23(5), 23(6), 23(7), 23(8), 25(b), 27, 28 and 30 provided producer is participating satisfactorily in an approved collective compliance scheme and holds a valid certificate from an approved body.