
Article 1 
This Regulation shall apply to the recycling processes carried out to waste batteries and accumulators from 1 January 2014.
Article 2 

(1) For the purposes of this Regulation, the following definitions shall apply:
((1)) ‘recycling process’ means any reprocessing operation as referred to in Article 3(8) of Directive 2006/66/EC which is carried out on waste lead-acid, nickel-cadmium and other batteries and accumulators and results in the production of output fractions as defined in point 5 of this Article. The recycling process does not include sorting and/or preparation for recycling/disposal and may be carried out in a single facility or in several facilities;
((2)) ‘preparation for recycling’ means treatment of waste batteries and/or accumulators prior to any recycling process, which shall, inter alia, include storage, handling, dismantling of battery packs or separation of fractions that are not part of the battery or accumulator itself;
((3)) ‘recycling efficiency’ of a recycling process means the ratio obtained by dividing the mass of output fractions accounting for recycling by the mass of the waste batteries and accumulators input fraction expressed as a percentage;
((4)) ‘input fraction’ means the mass of collected waste batteries and accumulators entering the recycling process as defined in Annex I;
((4A)) “waste battery or accumulator” means any battery or accumulator which is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;
((4B)) “disposal” means any of the applicable operations provided for in Annex 1 to the Waste Framework Directive;
((4C)) “Directive 2006/66/EC” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators, as last amended by  Directive (EU) 2018/849  of the European Parliament and of the Council;
((5)) ‘output fraction’ means the mass of materials that are produced from the input fraction as a result of the recycling process, as defined in Annex I without undergoing further treatment, that have ceased to be waste or that will be used for their original purpose or for other purposes, but excluding energy recovery.
(2.) In paragraph 1,  “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by  Directive (EU) 2018/851, read in accordance with paragraphs 3 and 4.
(3.)  Article 5 is to be read as if—
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
(b) after paragraph 1 there were inserted—“
1A. 
Any decision as to whether a substance or object is a by-product must be made—
(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and
(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;
(c) paragraphs 2 and 3 were omitted. 
(4.) Article 6 is to be read as if—
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
(b) after paragraph 1 there were inserted—“
1A. 
Any decision as to whether a substance or object has ceased to be waste must be made—
(a) in accordance with any regulations or  assimilated direct  legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and
(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;
(c) in paragraph 2—
(i) the first subparagraph were omitted;
(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;
(iii) the third and fourth subparagraphs were omitted;
(d) paragraph 3 were omitted;
(e) in paragraph 4—
(i) in the first subparagraph—(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”;(bb) the second sentence were omitted;
(ii) in the second subparagraph—(aa) for “Member States” there were substituted “The competent authority”;(bb) “by competent authorities” were omitted.
(5.) In this Article—“appropriate agency” means—
(a) in relation to England, the Environment Agency;
(b) in relation to Wales, the Natural Resources Body for Wales;
(c) in relation to Scotland, the Scottish Environment Protection Agency;
“appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Scotland, the Scottish Ministers.
Article 3 

1. The method set out in Annex I shall be used to calculate the recycling efficiency of a process for recycling waste lead-acid, nickel-cadmium and other batteries and accumulators.
2. The method set out in Annex II shall be used to calculate the rate of recycled lead content for any recycling process.
3. The method set out in Annex III shall be used to calculate the rate of recycled cadmium content for any recycling process.
4. Recyclers shall report the information shown in Annex IV, Annex V and Annex VI, as applicable, on an annual basis and shall send it to the  competent authority  by no later than four months from the end of a calendar year concerned. Recyclers shall send their first annual reports no later than the 30 April 2015.
5. Reporting on the recycling efficiency shall cover all individual steps of recycling and all corresponding output fractions.
6. Where a recycling process is carried out at more than one facility, the first recycler is responsible for submitting the information required under point 4 to the  competent authority.
Article 4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...Done at Brussels, 11 June 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX I
1. 
RE = Σ moutputminput × 100, [mass %]

where:

REcalculated recycling efficiency of a recycling process for the purpose of Article 12(4) of Directive 2006/66/EC [in mass %];moutputthe mass of output fractions accounting for recycling per calendar year;minputthe mass of input fractions entering the battery recycling process per calendar year.

2. 

— lead-acid batteries and accumulators,
— nickel-cadmium batteries and accumulators, and
— other batteries and accumulators.

3. 

— recyclers shall determine the share of different types of waste battery or accumulator present in an input fraction by conducting a sorting analysis of the fraction (by continuous or representative sampling),
— the chemical composition of each type of waste battery or accumulator present in the input fraction is determined on the basis of the chemical composition of new batteries and accumulators when placed on the market or on the basis of available data of recyclers or on information provided by the battery producers,
— recyclers shall determine the overall chemical composition of the input fraction by applying the chemical composition analysis to the types of batteries or accumulators present in the input fraction.

4. Emissions to the atmosphere are not accounted for the recycling efficiency.

5. 

— the carbon which is actually used as a reducing agent or which is a component of an output fraction of the recycling process, if it results from the input waste batteries and accumulators, on the condition that it is certified by an independent scientific authority and made publicly available. The carbon which is used for energy recovery is not accounted for the recycling efficiency,
— the oxygen, used as an oxidising agent, if it results from the input waste batteries and accumulators and if it is a component of an output fraction of the recycling process. The oxygen coming from the atmosphere is not accounted for the recycling efficiency,
— battery and accumulator materials contained in slag suitable and used for recycling purposes as defined in Article 3(8) of Directive 2006/66/EC other than landfill construction or backfilling operations, provided that this is in line with national requirements.

6. 

— fluids and acids,
— the mass of external jacket of waste batteries and accumulators,

and excluding:


— the mass of outer casings belonging to battery packs.

7. For the purposes of point 1, Directive 2006/66/EC is to be read as if  “waste battery or accumulator” had the meaning given by Article 2(1)(4A).

8. In point 3,  “producer” means any person that, irrespective of the selling technique used, including by distance contract, places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time  within Great Britain  on a professional basis.

9. In point 8—
(a) “appliance” means any electrical or electronic equipment, as defined by Article 3(1)(a) of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)  as last amended by Directive (EU) 2018/849, which is fully or partly powered by batteries or accumulators or is capable of being so;
(b) “distance contract” has the meaning given in regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
(c) “placing on the market' means supplying or making available, whether in return for payment or free of charge, to a third party within  Great Britain  and includes import into Great Britain.
ANNEX II
1. 
RPb = Σ mPb outputmPb input × 100, [mass %]

where:

RPbcalculated rate of recycled lead (Pb) from a recycling process for the purpose of Article 12(4) of Directive 2006/66/EC [in mass %];mPb outputthe mass of Pb in output fractions accounting for recycling is the share of Pb contained in these fractions which results from the recycling of lead-acid batteries and accumulators per calendar year [in tonnes];mPb inputthe mass of Pb in the input fraction entering the battery recycling process is defined as the yearly average Pb content of waste lead-acid batteries and accumulators multiplied by the input mass of lead-acid batteries and accumulators per calendar year [in tonnes].

2. In the output fraction the lead (Pb) contained in slag at the end of the recycling process is not accounted for the rate of recycled lead content.

3. For the purposes of point 1, Directive 2006/66/EC is to be read as if  “waste battery or accumulator” had the meaning given by Article 2(1)(4A).

ANNEX III
1. 
RCd = Σ mCd outputmCd input × 100, [mass %]

where:

RCdcalculated rate of recycled cadmium (Cd) from a recycling process for the purpose of Article 12(4) of Directive 2006/66/EC [in mass %];mCd outputthe mass of Cd in output fractions accounting for recycling is the share of Cd contained in these fractions which results from the recycling of nickel-cadmium batteries and accumulators per calendar year [in tonnes].mCd inputthe mass of Cd in the input fraction entering the battery recycling process is defined as the yearly average Cd content of waste nickel-cadmium batteries and accumulators multiplied by the input mass of nickel-cadmium batteries and accumulators per calendar year [in tonnes].

2. In the output fraction the cadmium (Cd) contained in slag at the end of the recycling process is not accounted for the rate of recycled cadmium content.

3. For the purposes of point 1, Directive 2006/66/EC is to be read as if  “waste battery or accumulator” had the meaning given by Article 2(1)(4A).

ANNEX IV
1. 
Recycling efficiency of a battery recycling process (lead-acid batteries)
Calendar year  
Facility
Name 
Street 
City 
Country 
Contact person 
E-mail 
Tel. 
Description of the complete battery recycling process:Input to the complete battery recycling process
Description of waste batteries and accumulators EWC code(optional) Mass Overall composition of input minput
t/a Element or compound mass % [t/a]
  
   Elements or components, which are not part of the input fractions
  
 Impurities  
Outer casing of battery pack 
Water (H2O) 
Other 
Elements or components, which are part of the input fractions
Lead (Pb)  
Sulphuric acid (H2SO4)  
Plastics  
Other  
  
  
minput, total  
 
moutput, Pb 
moutput, total 

Recycling efficiency (RE): moutput/minput  mass %
Degree of recycled Pb (RPb): mPb output/mPb input  mass %
Notes:








2. 
Process step 1
Calendar year  
Facility
Name 
Street 
City 
Country 
Contact person 
E-mail 
Tel. 
Description of the individual process step:Input (waste batteries or waste batteries fractions)
Description of input EWC code(optional) Mass 
t/a
  
  
  
Output
(1) Intermediate fractions
Description of fraction EWC code(optional) Mass Further treatment Recipient Further process step
t/a Name 
     1_1
     1_2
     1_3
     1_4
     1_5
     1_6
     1_7
     1_8
     1_9
     1_10
(2) Final output fractions accounting for recycling
Element or compound Fraction (non-waste) containing the element or compound Concentration of the element or compound in the fraction Mass of the element or compound, which results from batteries input Fate of the fraction
mass % t/a
    
    
 moutput, Pb  
moutput, total 
Notes:







ANNEX V
1. 
Recycling efficiency of a battery recycling process (nickel-cadmium batteries)
Calendar year  
Facility
Name 
Street 
City 
Country 
Contact person 
E-mail 
Tel. 
Description of the complete battery recycling process:Input into the complete battery recycling process
Description of waste batteries and accumulators EWC code(optional) Mass Overall composition of input minput
t/a Element or compound mass % [t/a]
  
   Elements or components, which are not part of the input fractions
  
 Impurities  
Outer casing of battery pack 
Water (H2O) 
Other 
Elements or components, which are part of the input fractions
Cadmium (Cd)  
Nickel (Ni)  
Iron (Fe)  
Plastics  
Electrolyte  
  
minput, total  
 
moutput, Cd 
moutput, total 

Recycling efficiency (RE): moutput/minput  mass %
Degree of recycled Cd (RCd): mCd output/mCd input  mass %
Notes:








2. 
Process step 1
Calendar year  
Facility
Name 
Street 
City 
Country 
Contact person 
E-mail 
Tel. 
Description of the individual process step:Input (waste batteries or waste batteries fractions)
Description of input EWC code(optional) Mass 
T/a
  
Output
(1) Intermediate fractions
Description of fraction EWC code(optional) Mass Further treatment Recipient Further process step
t/a Name 
     1_1
     1_2
     1_3
     1_4
     1_5
     1_6
     1_7
     1_8
     1_9
     1_10
(2) Final output fractions accounting for recycling
Element or compound Fraction (non-waste) containing the element or compound Concentration of the element or compound in the fraction Mass of the element or compound, which results from batteries input Fate of the fraction
mass % t/a
    
    
 moutput, Cd  
moutput, total 
Notes:







ANNEX VI
1. 
Recycling efficiency of a battery recycling process (other batteries)
Calendar year  
Facility
Name 
Street 
City 
Country 
Contact person 
E-mail 
Tel. 
Description of the complete battery recycling process:Input into the complete battery recycling process
Description of waste batteries and accumulators EWC code(optional) Mass Overall composition of input minput
t/a Element or compound mass % [t/a]
  
   Elements or components, which are not part of the input fractions
  
 Impurities  
Outer casing of battery pack 
Water (H2O) 
Other 
Elements or components, which are part of the input fractions
Metals (e.g. Fe, Mn, Zn, Ni, Co, Li, Ag, Cu, Al)  
Mercury (Hg)  
Carbon  
Plastics  
Electrolyte  
  
minput, total  
 
moutput, total 

Recycling efficiency (RE): moutput/minput  mass %
Notes:







2. 
Process step 1
Calendar year  
Facility
Name 
Street 
City 
Country 
Contact person 
E-mail 
Tel. 
Description of the individual process step:Input (waste batteries or waste batteries fractions)
Description of input EWC code(optional) Mass 
t/a
  
Output
(1) Intermediate fractions
Description of fraction EWC code(optional) Mass Further treatment Recipient Further process step
t/a Name 
     1_1
     1_2
     1_3
     1_4
     1_5
     1_6
     1_7
     1_8
     1_9
     1_10
(2) Final output fractions accounting for recycling
Element or compound Fraction (non-waste) containing the element or compound Concentration of the element or compound in the fraction Mass of the element or compound, which results from batteries input Fate of the fraction
mass % t/a
    
    
 moutput, total  
Notes:






