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►B COUNCIL DIRECTIVE
of 18March 1991
on batteries and accumulators containing certain dangerous substances
(91/157/EEC)
(OJ L 78, 26.3.1991, p. 38)
Amended by:
OfficialJournal
No page date
►M1 Commission Directive 98/101/EC of 22 December 1998 L 1 1 5.1.1999
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COUNCIL DIRECTIVE
of 18March 1991
on batteries and accumulators containing certain dangerous
substances
(91/157/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposalfrom the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Whereas any disparity between the laws or administrative measures
adopted by the Member States on the disposalof batteries and accumu-lators could create barriers to trade and distort competition in theCommunity and may thereby have a direct impact on the establishmentand functioning of the internalmarket; whereas it therefore appearsnecessary to approximate the laws in the field;
Whereas Article 2 (2) of Council Directive 75/442/EEC of 15 July 1975
on waste (
4), as amended by Directive 91/156/EEC (5), provides that
specific rules for particular instances or supplementing those of the saidDirective in order to regulate the management of particular categories ofwaste shall be laid down by means of individual Directives;
Whereas the objectives and principles of the Community’s environment
policy, as set out in the European Community action programmes on theenvironment on the basis of the principles enshrined in Article 130r (1)and (2) of the EEC Treaty, aim in particular at preventing, reducing andas far as possible eliminating pollution and ensuring sound managementof raw materials resources, on the basis also of the ‘polluter pays'principle;
Whereas, in order to achieve these objectives, the marketing of certain
batteries and accumulators should be prohibited, in view of the amountof dangerous substances they contain;
Whereas, to ensure that spent batteries and accumulators are recovered
and disposed of in a controlled manner, Member States must takemeasures to ensure that they are marked and collected separately;
Whereas collection and recycling of spent batteries and accumulators
can help avoid unnecessary use of raw materials;
Whereas appliances containing non-removable batteries or accumulators
may represent an environmentalhazard when they are disposed of;whereas Member States should therefore take appropriate measures;
Whereas programmes should be set up in the Member States to achieve
the various objectives set out above; whereas the Commission should beinformed of these programmes and of the specific measures taken;
Whereas recourse to economic instruments such as the setting up of a
deposit system may encourage the separate collection and recycling ofspent batteries and accumulators;
(1) OJ No C 6, 7. 1. 1989, p. 3 and
OJ No C 11, 17. 1. 1990, p. 6.
(2) OJ No C 158, 26. 6. 1989, p. 209 and
OJ No C 19, 28. 1. 1991.
(3) OJ No C 194, 31. 7. 1989, p. 21.
(4) OJ No L 194, 25. 7. 1975, p. 47.
(5) See page 32 of this OfficialJournal
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Whereas provision should be made for consumer information in this
field;
Whereas provision should be made for appropriate procedures to imple-
ment the provisions of this Directive, particularly the making system,and to ensure that the Directive can be easily adapted to scientific andtechnicalprogress; whereas the committee referred to in Articl e 18 ofDirective 75/442/EEC should be instructed to assist the Commission inthese tasks,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The aim of this Directive is to approximate the laws of the Member
States on the recovery and controlled disposal of those spent batteriesand accumulators containing dangerous substances in accordance withAnnex I.
Article 2
For the purposes of this Directive:
(a) ‘battery or accumulator' means a source of electrical energy
generated by direct conversion of chemicalenergy and consisting ofone or more primary (non-rechargeable) batteries or secondary(rechargeable) cells, as listed in Annex I;
(b) ‘spent battery or accumulator' means a battery or accumulator
which is not re-usable and is intended for recovery or disposal;
(c) ‘disposal' means any operation, provided that it is applicable to
batteries and accumulators, included in Annex II A to Directive75/442/EEC;
(d) ‘recovery' means any operation, provided that it is applicable to
batteries and accumulators, included in Annex II B to Directive75/442/EEC;
(e) ‘collection' means the gathering, sorting and/or grouping together of
spent batteries and accumulators;
(f) ‘deposit system' means a system under which the buyer, upon
purchase of batteries or accumulators, pays the seller a sum ofmoney which is refunded when the spent batteries or accumulatorsare returned.
Article 3
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1. Member States shall prohibit, as from 1 January 2000 at the latest,the marketing of batteries and accumulators, containing more than0,0005 % of mercury by weight, including in those cases where thesebatteries and accumulators are incorporated into appliances. Button cellsand batteries composed of button cells with a mercury content of nomore than 2 % by weight shall be exempted from this prohibition.
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2. Paragraph 1 shal lbe inserted in Annex I to CouncilDirective76/769/EEC of 27 July 1976 on the approximation of the laws, regula-tions and administrative provisions of the Member States relating torestrictions on the marketing and use of certain dangerous substancesand preparations (
1), as last amended by Directive 85/610/EEC (2).
Article 4
1. In the context of the programmes referred to in Article 6, Member
States shall take appropriate steps to ensure that spent batteries and
(1) OJ No L 262, 27. 9. 1976, p. 201.
(2) OJ No L 375, 31. 12. 1985, p. 1.
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accumulators are collected separately with a view to their recovery or
disposal.
2. To this end, Member States shall ensure that batteries and accu-
mulators and, where appropriate, appliances into which they are incor-porated are marked in the appropriate manner.
The marking must include indications as to the following points:
— separate collection,
— where appropriate, recycling,— the heavy-metalcontent.
3. The Commission shall draw up, in accordance with the procedure
referred to in Article 10, the detailed arrangements for the markingsystem. These arrangements shall be published in the OfficialJournalof
the European Communities .
Article 5
Member States shall take measures to ensure that batteries and accumu-
lators cannot be incorporated into appliances unless they can be readilyremoved, when spent, by the consumer.
These measures shall enter into force on 1 January 1994.This Article shall not apply to the categories of appliance included in
Annex II.
Article 6
Member States shall draw up programmes in order to achieve the
following objectives:
— reduction of the heavy-metalcontent of batteries and accumul ators,
— promotion of marketing of batteries and accumulators containing
smaller quantities of dangerous substances and/or less pollutingsubstances,
— gradualreduction, in househol d waste, of spent batteries and accu-
mulators covered by Annex I,
— promotion of research aimed at reducing the dangerous-substance
content and favouring the use of less-polluting substitute substancesin batteries and accumulators, and research into methods of recy-cling,
— separate disposalof spent batteries and accumul ators covered by
Annex I.
The first programmes shall cover a four-year period starting on 18
March 1993. They shall be communicated to the Commission by 17September 1992 at the latest.
The programmes shall be reviewed and updated regularly, at least every
four years, in the light in particular of technical progress and of theeconomic and environmentalsituation. Amended programmes shal lbecommunicated to the Commission in good time.
Article 7
1. Member States shall ensure the efficient organization of separate
collection and, where appropriate, the setting up of a deposit system.Furthermore, Member States may introduce measures such as economicinstruments in order to encourage recycling. These measures must beintroduced after consultation with the parties concerned, be based onvalid ecological and economic criteria and avoid distortions ofcompetition.
2. When notifying the programmes to which Article 6 refers,
Member States shall inform the Commission of the measures they havetaken pursuant to paragraph 1.
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Article 8
In the context of the programmes referred to in Article 6, Member
States shall take the necessary steps to ensure that consumers are fullyinformed of:
(a) the dangers of uncontrolled disposal of spent batteries and accumu-
lators;
(b) the marking of batteries, accumulators and appliances with perma-
nently incorporated batteries and accumulators;
(c) the method of removing batteries and accumulators which are
permanently incorporated into appliances.
Article 9
Member States may not impede, prohibit or restrict the marketing of
batteries and accumulators covered by this Directive and conforming tothe provisions laid down herein.
Article 10
The Commission shall adapt Articles 3, 4 and 5 and Annexes I and II to
technicalprogress in accordance with the procedure l aid down inArticle 18 of Directive 75/442/EEC.
Article 11
1. Member States shall take the measures necessary to comply with
this Directive before 18 September 1992. They shall forthwith informthe Commission thereof.
2. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field governed bythis Directive. The Commission shall inform the other Member Statesthereof.
Article 12
This Directive is addressed to the Member States.
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ANNEXI
The following batteries and accumulators are covered by this Directive:
1. Batteries and accumulators put on the market as from 1 January 1999
containing more than 0,0005 % of mercury by weight.
2. Batteries and accumulators put on the market as from 18 September 1992 and
containing:
— more than 25 mg of mercury per cell, except alkaline manganese
batteries,
— more than 0,025 % of cadmium by weight,— more than 0,4 % of lead by weight.
3. Alkaline manganese batteries containing more than 0,025 % of mercury by
weight placed on the market as from 18 September 1992.
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ANNEXII
LIST OF CATEGORIES OF APPLIANCE EXCLUDED FROM THE
SCOPE OF ARTICLE 5
1. Those appliances whose batteries are soldered, welded or otherwise perma-
nently attached to terminals to ensure continuity of power supply indemanding industrialusage and to preserve the memory and data functions ofinformation technology and business equipment, where use of the batteriesand accumulators referred to in Annex I is technically necessary.
2. Reference cells in scientific and professional equipment, and batteries and
accumulators placed in medical devices designed to maintain vital functionsand in heart pacemakers, where uninterrupted functioning is essentialand thebatteries and accumulators can be removed only by qualified personnel.
3. Portable appliances, where replacement of the batteries by unqualified
personnel could present safety hazards to the user or could affect the opera-tion of the appliance, and professional equipment intended for use in highlysensitive surroundings, for example in the presence of volatile substances.
Those appliances the batteries and accumulators of which cannot be readily
replaced by the user, in accordance with this Annex, shall be accompanied byinstructions informing the user of the content of environmentally hazardousbatteries and accumulators and showing how they can be removed safely.