Directive 2013/56/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools, and of button cells with low mercury content, and repealing Commission Decision 2009/603/EC  Text with EEA relevance
Date: 2013-11-20

num: Article 1
paragraphs: Directive 2006/66/EC is amended as follows:
(1)
Article 4 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘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.’;
(b)
point (c) of paragraph 3 is replaced by the following:
‘(c)
cordless power tools; this exemption in respect of cordless power tools shall apply until 31 December 2016.’;
(c)
paragraph 4 is replaced by the following:
‘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.’;
(2)
Article 6(2) is replaced by the following:
‘2. Batteries and accumulators which do not meet the requirements of this Directive, but which were lawfully placed on the market prior to the date of application of the respective prohibitions in Article 4, may continue to be marketed until stocks are exhausted.’;
(3)
Article 10(4) is replaced by the following:
‘4. The Commission may establish by means of implementing acts transitional arrangements to address difficulties faced by a Member State in satisfying the requirements of paragraph 2 as a result of specific national circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).
In order to ensure uniform application of this Article, the Commission shall establish by means of implementing acts a common methodology for the calculation of annual sales of portable batteries and accumulators to end-users by 26 September 2007. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).’;
(4)
Article 11 is replaced by the following:
num: ‘Article 11
title: Removal of waste batteries and accumulators
paragraphs: Member States shall ensure that manufacturers design appliances in such a way that waste batteries and accumulators can be readily removed. Where they cannot be readily removed by the end-user, Member States shall ensure that manufacturers design appliances in such a way that waste batteries and accumulators can be readily removed by qualified professionals that are independent of the manufacturer. Appliances in which batteries and accumulators are incorporated shall be accompanied by instructions on how those batteries and accumulators can be safely removed by either the end-user or by independent qualified professionals. Where appropriate, the instructions shall also inform the end-user of the types of battery or accumulator incorporated into the appliance.
The provisions set out in the first paragraph shall not apply where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and a permanent connection between the appliance and the battery or accumulator is required.’;
(5)
Article 12(6) is replaced by the following:
‘6. The Commission shall, by means of implementing acts, adopt detailed rules regarding the calculation of recycling efficiencies by 26 March 2010. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).’;
(6)
Article 12(7) is deleted;
(7)
Article 15(3) is replaced by the following:
‘3. The Commission shall be empowered to adopt delegated acts in accordance with Article 23a to lay down detailed rules supplementing the rules referred to in paragraph 2 of this Article, in particular criteria for the assessment of equivalent conditions as referred to therein.’;
(8)
Article 17 is replaced by the following:
num: ‘Article 17
title: Registration
paragraphs: Member States shall ensure that each producer is registered. Registration shall be subject to the same procedural requirements in each Member State in accordance with Annex IV.’;
(9)
Article 18(2) is replaced by the following:
‘2. Member States shall make public the draft exemption measures referred to in paragraph 1, and the grounds for proposing them and shall notify them to the Commission and other Member States.’;
(10)
Article 21 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. Member States shall ensure that the capacity of all portable and automotive batteries and accumulators is indicated on them in a visible, legible and indelible form by 26 September 2009. The Commission shall be empowered to adopt delegated acts in accordance with Article 23a laying down detailed rules supplementing that requirement, including harmonised methods for the determination of capacity and appropriate use by 26 March 2009.’;
(b)
paragraph 7 is replaced by the following:
‘7. The Commission shall be empowered to adopt delegated acts in accordance with Article 23a in order to grant exemptions from the labelling requirements set out in this Article. As part of the preparation of such delegated acts, the Commission shall consult relevant stakeholders, in particular producers, collectors, recyclers, treatment operators, environmental and consumer organisations, and employee associations.’;
(11)
Article 22(2) is replaced by the following:
‘2. Reports shall be drawn up on the basis of a questionnaire or outline. The Commission shall establish by means of implementing acts the questionnaire or the outline for those reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2). The questionnaire or outline shall be sent to Member States six months before the beginning of the first reporting period.’;
(12)
The following Article is added:
num: ‘Article 23a
title: Exercise of the delegation
paragraphs: 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 15(3) and Article 21(2) and (7) shall be conferred on the Commission for a period of five years from 30 December 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 15(3) and Article 21(2) and (7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 15(3) and Article 21(2) and (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.’;
(13)
Article 24 is replaced by the following:
num: ‘Article 24
title: Committee procedure
paragraphs: 1. The Commission shall be assisted by the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (8). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (9).
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
num: Article 2
title: Repeal of Commission Decision 2009/603/EC
paragraphs: Commission Decision 2009/603/EC (10) shall be repealed with effect from 1 July 2015.
num: Article 3
title: Transposition
paragraphs: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1 of this Directive by 1 July 2015. They shall forthwith communicate to the Commission the text of those provisions.
2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
3. Member States shall communicate to the Commission the text of the main provisions of the national law which they adopt in the field covered by this Directive.
num: Article 4
title: Entry into force
paragraphs: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.