Batteries Act Section 2 Definitions

Batteries Act Section 2 Definitions

(1) For the purposes of this Act, the definitions in paragraphs (2) to (22) shall apply.

(2) ‘Battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable primary battery cells or consisting of rechargeable secondary battery cells.

(3) ‘Battery pack’ means any set of batteries that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open. Battery packs are batteries for the purposes of this Act.

(4) ‘Automotive battery’ means any battery for automotive starter, lighting or ignition power. ‘Automotive’ in sentence 1 means relating to a motorised land transport vehicle not confined to rails.

(5) ‘Industrial battery’ means any battery designed for exclusively industrial, commercial or agricultural uses or used in any type of electric vehicle or for propulsion of hybrid vehicles. Automotive batteries are not industrial batteries. The provisions of this Act relating to industrial batteries apply to all batteries that are not automotive, industrial or portable batteries.

(6) ‘Portable battery’ means any battery that is sealed and can be hand-carried. Automotive and industrial batteries are not portable batteries.

(7) ‘Button cell’ means any small round portable battery whose diameter is greater than its height.

(8) ‘Cordless power tool’ means any hand-held electric or electronic appliance within the scope of the Electrical and Electronic Equipment Act powered by a battery and intended for maintenance, construction, gardening or assembly activities.

(9) ‘Waste battery’ means any battery that is waste within the meaning of the Closed Substance Cycle and Waste Management Act.

(10) ‘Treatment’ means any activity carried out on waste after it has been handed over to a facility for sorting, preparation for recycling or preparation for disposal.

(11) ‘Recycling’ means recycling as defined in Section 4 (3) of the Closed Substance Cycle and Waste Management Act.

(12) ‘Disposal’ means disposal as defined in Section 10 (2) of the Closed Substance Cycle and Waste Management Act.

(13) ‘End-user’ means any person who uses batteries or products incorporating batteries and does not resell them in the form they were supplied.

(14) ‘Distributor’ means any person who supplies batteries on a commercial basis to an end-user.

(15) ‘Producer’ means any person who, irrespective of the distribution method used, places batteries on the market within the jurisdiction of this Act for the first time on a professional basis. Any distributor and dealer who intentionally or negligently places on the market batteries from a producer who has not given notice under the Section 4 (1) sentence 1 shall be considered a producer for the purposes of this Act. This shall apply without prejudice to sentence 1 of this paragraph and to paragraph (14).

(16) ‘Placing on the market’ means supplying, whether in return for payment or free of charge, to a third party for the purpose of sale, consumption or use. Placing on the market includes import to within the jurisdiction of this Act. This shall not apply to batteries that are demonstrably re-exported outside of the jurisdiction of this Act.

(17) ‘Commercial battery waste management company’ means a certified specialised waste management company within the meaning of Section 52 of the Closed Substance Cycle and Waste Management Act whose business includes the separate collection, treatment, recycling or disposal of waste batteries.

(18) ‘Expert’ means a person who is publicly appointed under Section 36 of the German Industrial Code [Gewerbeordnung] or accredited as an environmental verifier or environmental verification organisation under the Environmental Audit Act [Umweltauditgesetz] as published on 4 September 2002 (BGBl. I p. 3490), last amended by Article 11 of the Act of 17 March 2008 (BGBl. I p. 399) and as amended from time to time, for activities under Annex I, Section E, Division 38 of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1), last amended by Regulation (EC) No 296/2008 (OJ L 97, 9.4.2008, p. 13) and as amended from time to time.

(19) ‘Collection rate’ means the percentage obtained by dividing the mass of waste batteries collected within the jurisdiction of this Act in a given calendar year by the average mass of batteries placed on the market for the first time within the jurisdiction of this Act and available there for separate collection during that calendar year and the preceding two calendar years.

(20) ‘Recycling rate’ means the percentage obtained by dividing the mass of waste batteries properly recycled in a given year by the mass of waste batteries collected in that year. Waste batteries exported for recycling outside the jurisdiction of this Act shall not be counted unless the requirements under Section 14 (3) are complied with.

(21) ‘Chemical system’ means the group of substances primarily involved in the storage of energy in a battery.

(22) ‘Classification’ means the classification by size and shape of batteries with the same chemical system.