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1. Without prejudice to Directive 2000/53/EC, Member States shall prohibit the placing on the market of:

(a) all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0,0005 % of mercury by weight; and (b) portable batteries or accumulators, including those incorporated into appliances, that contain more than 0,002 % of cadmium by weight.

2. The prohibition set out in paragraph 1(a) shall not apply to button cells with a mercury content of no more than 2 % by weight until 1 October 2015.

3. The prohibition set out in paragraph 1(b) shall not apply to portable batteries and accumulators intended for use in:

(a) emergency and alarm systems, including emergency lighting;

(b) medical equipment; or (c) cordless power tools; this exemption in respect of cordless power tools shall apply until 31 December 2016.

4. As regards button cells for hearing aids, the Commission shall maintain under review the exemption referred to in paragraph 2 and report to the European Parliament and the Council on the availability of button cells for hearing aids which are in compliance with paragraph 1(a) no later than 1 October 2014. Where justified due to the lack of availability of button cells for hearing aids which are in compliance with paragraph 1(a), the Commission shall accompany its report by an appropriate proposal with a view to extending the exemption referred to in paragraph 2 with regard to button cells for hearing aids.