S.L. 549.54 Art. 5Separate collection.

(1) Producers of portable batteries and accumulators, or third parties acting on their behalf, shall use existing collection systems or set up collection systems, individually or collectively, or both, in accordance with any existing laws and regulations, to provide for the collection of waste portable batteries and accumulators.

(2) Such collection systems:

(a) shall enable end-users to discard waste portable batteries or accumulators at an accessible collection point in their vicinity, having regard to population density, provided that such a collection point shall not be subject to the registration or permit requirements of the Waste Regulations, or the Waste Management

(Activity Registration) Regulations;

(b) shall require distributors to take back waste portable batteries or accumulators at no charge when supplying portable batteries or accumulators, unless an assessment shows that alternative existing collection systems are at least as effective in attaining the environmental aims of these regulations, provided that such an assessment shall be made public;

(c) shall not involve any charge to end-users when discarding waste portable batteries or accumulators, nor any obligation to buy a new battery or accumulator; and

(d) may be run in conjunction with the collection systems referred to in the Waste Management (Electrical and Electronic Equipment) Regulations: Provided that all economic operators and all competent public authorities may participate in these collection systems: Provided further that these collection systems shall also apply to batteries and accumulators imported from third countries under non-discriminatory conditions and shall be designed to avoid barriers to trade or distortions of competition.

(3) Producers of industrial batteries and accumulators, or third parties acting on their behalf, shall not refuse to take back waste industrial batteries and accumulators from end-users, regardless of chemical composition and origin.

Provided that:

(a) independent third parties may also collect waste industrial batteries and accumulators;

(b) all economic operators and all competent public authorities may participate in these collection systems; and

(c) these collection systems shall also apply to batteries and accumulators imported from third countries under non-discriminatory conditions and shall be designed to avoid barriers to trade or distortions of competition.

(4) Producers of automotive batteries and accumulators, or third parties acting on their behalf, shall use existing collection systems or set up collection systems, individually or collectively, or both, in accordance with any existing laws and regulations, to provide for the collection of waste automotive batteries and accumulators from end-users or from an accessible collection point in their vicinity, where collection is not carried out under the collection systems referred to in regulation 5(1) of the Waste

Management (End of Life Vehicles) Regulations. Provided that:

(a) in the case of automotive batteries and accumulators from private, non-commercial vehicles, such collection systems shall not involve any charge to end-users when discarding waste batteries or accumulators, or any obligation to buy a new battery or accumulator;

(b) all economic operators and all competent public authorities may participate in these collection systems; and

(c) these collection systems shall also apply to batteries and accumulators imported from third countries under non-discriminatory conditions and shall be designed to avoid barriers to trade or distortions of competition.

(5) Waste batteries and accumulators collected through systems funded by Local Councils, or by any local agency, shall be deposited at facilities operated by a local agency designated by the Minister and shall thereafter be handed over to waste batteries and accumulators collective organisations:

(a) at a price that shall reflect the total cost recovery of collection and storage up to the point of take-over by the respective producer responsibility organisation, which price shall be subject to the scrutiny and approval of the Minster; and

(b) shall be proportionately distributed amongst authorised waste batteries and accumulators collective organisations on the basis of the average weight and category of batteries and accumulators placed on the market by producer responsibility organisations.