Citation and Commencement

1. These Regulations may be cited as the Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2012 and come into force on 31st May 2012.

Amendments

2. —(1)The Batteries and Accumulators (Placing on the Market) Regulations 2008( 3 ) are amended as follows.

(2) After regulation 5, insert—

“ Capacity Labelling

5A. —(1) No person shall place on the market any portable secondary (rechargeable) battery or automotive battery or accumulator to which Article 1 of the Capacity Labelling Regulation applies unless the capacity of the battery is indicated upon it visibly, legibly and indelibly in accordance with the requirements of that Regulation.

(2) The “Capacity Labelling Regulation” means Commission Regulation ( EU ) No 1103/2010 of 29 November 2010 establishing, pursuant to Directive 2006/66/ EC of the European Parliament and of the Council, rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries and accumulators ( 4 ) . ” .

(3) In regulation 15(1)(b), for “regulation 5 or 7” insert “regulation 5, 5A or 7”.

(4) In regulation 18(1), after “15(1)(a),” insert “(b) in relation to a contravention of, or failure to, comply with regulation 5A,”.

(5) After regulation 25, insert—

“ Review

26. —(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 1 to 24,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the requirements for placing batteries and accumulators on the market in Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/ EEC 5 ) and in the Capacity Labelling Regulation (which are implemented by means of these Regulations) are implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of 5 years beginning with the 31st May 2012.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years. ” .