No C 11/6 Official Journal of the European Communities 17. 1. 90 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on batteries and accumulators containing dangerous 
substances (') 
COM(89) 454 final — SYN 170 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 9 November 
1989) 
(90/C 11/07) 
(') OJ No C 6, 7. 1. 1989, p. 3. 
ORIGINAL TEXT 
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 proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the general rules on waste disposal laid down 
by Council Directive 75/442/EEC (*) apply to spent 
batteries and accumulators, AMENDED TEXT 
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 proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the general rules on waste disposal laid 
down by Council Directives 75/442/EEC (') and 
78/319/EEC (2), as last amended by the Act of 
Accession of Spain and Portugal, apply to spent batteries 
and accumulators in so far as the present Directive does 
not provide more specific rules; 
(') OJ No L 194, 25. 7. 1975, p. 47. (') OJ No L 194, 25. 7. 1975, p. 47. 
O OJ No L 84, 31. 3. 1978, p. 43. 
17. 1. 90 Official Journal of the 
ORIGINAL TEXT 
Whereas one Member State has notified the Commission 
that it intends to adopt binding measures on the marking 
and disposal of batteries and accumulators containing 
dangerous substances and others are considering the 
subject; whereas any disparity between the laws or 
administrative measures adopted by the Member States 
could create barriers to trade and distort competition in 
the Community and can thereby have a direct impact on 
the establishment and functioning of the internal market; 
whereas it therefore appears necessary to proceed with 
approximation of the laws in this field; 
Whereas the objectives and principles of the 
Community's environment policy, as set out in the 
European Community Action Programmes on the Envi­
ronment (*), aim in particular, at preventing, reducing 
and as far as possible eliminating pollution and ensuring 
sound management of raw material resources; 
Whereas in order to achieve these objectives Member 
States must take measures on, inter alia, the marking of 
batteries and accumulators in line with the rules laid 
down in this Directive; whereas when drafting these 
rules the Commission has taken as a base a high level of 
protection for the environment; 
Whereas a high level of protection for the environment 
should be achieved, in the light of scientific and technical 
progress, by prohibiting the marketing of batteries 
containing more than 0,30 % of mercury by weight; 
Whereas a large proportion of spent batteries and accu­
mulators containing mercury, cadmium or lead are 
thrown away without any particular precautions and end 
up either on public landfills or in an incinerator, whereas 
these heavy metals are key components in batteries and 
accumulators but are toxic and, consequently, 
dangerous; 
(') OJ No C 112, 20. 12. 1973, p. 1, 
OJNoC 139, 13.6. 1977, p. 1, 
OJ No C 46, 17. 2. 1983, p. 1, 
OJ No C 70, 18. 3. 1987, p. 3. European Communities No C 11/7 
AMENDED TEXT 
Whereas one Member State has notified the Commission 
that it intends to adopt binding measures on the marking 
and disposal of batteries and accumulators containing 
dangerous substances and others are considering the 
subject; 
Whereas any disparity between the laws or adminis­
trative measures adopted by the Member States could 
create barriers to trade and distort competition in the 
Community and can thereby have a direct impact on the 
establishment and functioning of the internal market; 
whereas it therefore appears necessary to proceed with 
approximation of the laws in this field; 
Whereas the objectives and principles of the 
Community's environment policy, as set out in the 
European Community Action Programmes on the Envi­
ronment O, on the basis of the principles enshrined in 
Article 130r (1) and (2) of the Treaty aim, in particular, 
at preventing, reducing and as far as possible eliminating 
pollution, particularly at source and ensuring sound 
management of raw materials resources, on the basis also 
of the 'polluter pays' principle; 
Whereas in order to achieve these objectives Member 
States must take measures on, inter alia, the marking of 
batteries and accumulators in line with the rules laid 
down in this Directive; whereas when drafting these 
rules the Commission has taken as a base a high level of 
protection for the environment; 
Whereas a high level of protection for the environment 
should be achieved, in the light of scientific and technical 
progress, by prohibiting the marketing of alkaline 
manganese batteries containing more then 0,10 % of 
mercury by weight; 
Whereas a large proportion of spent batteries and accu­
mulators containing mercury, cadmium or lead are 
thrown away without any particular precautions and end 
up either on public landfills or in an incinerator; whereas 
these heavy metals are key components in batteries and 
accumulators but are toxic and, consequently, 
dangerous; 
(') OJ No C 112, 20. 12. 1973, p. 1, 
OJ No C 139, 13. 6. 1977, p. 1, 
OJNoC46, 17.2. 1983, p. 1, 
OJNoC70, 18.3. 1987, p. 1. 
NoC 11/8 Official Journal of the European Communities 17. 1. 90 
ORIGINAL TEXT AMENDED TEXT 
Whereas collection and recycling of spent batteries and 
accumulators can help save raw materials; Whereas collection and recyling of spent batteries and 
accumulators can help save raw materials; 
Whereas the Commission must be notified of the drafts 
of these measures so that it can examine them and, if 
necessary, request the Member States to defer their 
introduction; Whereas the Commission must be notified of the drafts 
of these measures so that it can examine them and, if 
necessary, request the Member States to defer their 
introduction; 
Whereas in view of the various aspects of the problem 
posed by batteries and accumulators adequate measures 
should be taken to reduce the pollution hazard, Whereas in view of the various aspects of the problem 
posed by batteries and accumulators adequate measures 
should be taken to reduce the pollution hazard, 
HAS ADOPTED THIS DIRECTIVE: HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The objective of this Directive is to approximate the laws 
of the Member States on the controlled disposal of 
batteries and accumulators containing the dangerous 
substances listed in the Annex. Article 1 
The objective of this Directive is to approximate the laws 
of the Member States on the controlled disposal of spent 
batteries and accumulators containing the dangerous 
substances listed in Annex I. 
Article 2 
For the purposes of this Directive: 
(a) 'battery or accumulator': means a source of electrical 
energy generated by direct conversion of chemical 
energy and consisting of one or more primary 
(non-rechargeable) or secondary (rechargeable) cells, 
as listed in the Annex; 
(b) 'spent battery and accumulator' means a battery or 
accumulator which is not reusable or intended for 
disposal; 
(c) 'disposal' means the collection, sorting and carriage 
of spent batteries and accumulators and their storage 
above or under ground and any conversion 
operations necessary for recycling; 
(d) 'recycling' means processing to recover the secondary 
raw materials contained in spent batteries and 
accumulators; 
(e) 'deposit system' means a system under which the 
buyer pays the seller a sum of money which is 
refunded when the spent battery or accumulator is 
returned. Article 2 
For the purposes of this Directive: 
(a) 'battery or accumulator' means a source of electrical 
energy generated by direct conversion of chemical 
energy and consisting of one or more primary 
(non-rechargeable) batteries or secondary (rechar­
geable) cells, as listed in Annex I; 
(b) 'spent battery and accumulator' means a battery or 
accumulator which is not reusable and is intended 
for disposal; 
(c) 'disposal' means the collection, and sorting of spent 
batteries and accumulators and their carriage to: 
— a permanent storage site above or under ground, 
or 
— recycling plants; 
(d) 'recycling' means processing to recover the secondary 
raw materials contained in spent batteries and 
accumulators; 
(e) 'deposit system' means a system under which the 
buyer pays the seller a sum of money which is 
refunded when the spent battery or accumulator is 
returned. 
17. 1. 9C Official Journal of the European Communities No C 11/9 
ORIGINAL TEXT AMENDED TEXT 
Article 3 
Member States shall prohibit the marketing of alkaline 
manganese batteries containing more than 0,30 % of 
mercury by weight as from 1 January 1993. Article 3 
Member States shall prohibit the marketing of alkaline 
manganese batteries containing more than 0,10 °/o of 
mercury by weight as from 1 January 1993. Alkaline 
manganese button cells and batteries composed of button 
cells shall be exempted from this prohibition. 
In conformity with Article 12, the value of C,10 % of 
mercury and the derogations should be re-examined with 
a view to adaptation to technical progress. 
Article 4 Article 4 
The Member States shall take appropriate measures to 
ensure that batteries and accumulators are marked to 
indicate whether the battery or accumulator must be 
disposed of separately, can be recycled or may be 
disposed of with household refuse. Member States shall take appropriate measures to ensure 
that batteries and accumulators are marked to indicate 
whether the battery or accumulator must be disposed of 
separately, can be recycled or may be disposed of with 
household refuse. 
This marking must appear on the battery or accumulator 
and, where appropriate, on any appliance into which it is 
built. This marking must appear on the battery or accumulator 
and, where appropriate, on any appliance into which it is 
built. 
The marking shall correspond to symbol ISO 7000-1135, 
consisting of a light-coloured square containing three 
black-outlined arrows. Each battery and accumulator 
must contain two symbols, on opposite sides, thus 
ensuring immediate visibility. The marking shall correspond to symbol ISO 7C00-1135, 
consisting of a light-coloured square containing three 
black-outlined arrows. Each battery and accumulator 
must contain two symbols, on opposite sides, thus 
ensuring immediate visibility. Symbol ISO 700C ! 135 is 
illustrated in Annex II. 
The size of each symbol should be 3 % of the total area, 
with a maximum dimension of 5 cm by 5 cm; if a battery 
is so small that 3 % of the total area is smaller than 0,5 
cm by 0,5 cm, one symbol of 1 cm by 1 cm shall be 
displayed on the package instead of the two symbols on 
the battery. The size of each symbol should be 3 % of the total area, 
with a maximum dimension of 5 cm by 5 cm; if a battery 
or accumulator is so small that 3 % of the total area is 
smaller than 0,5 cm by 0,5 cm, one symbol of 1 cm by 
1 cm shall be displayed on the package instead of the 
two symbols on the battery or accumulator. 
Article 5 
Member States shall take measures to ensure that 
batteries and accumulators may be built into appliances 
only if they can be readily removed by the consumer 
without the aid of special tools. A^icle 5 
Member States shall taxe m?asures ti r jre that, where 
technically possible, battenes and acc-nalators may be 
built into appliances only if they can be readily removed, 
when the appliances are disposed of, by the consumer 
without the aid of special tools. 
NoC 11/10 Official Journal of the European Communities 17. 1.90 
ORIGINAL TEXT AMENDED TEXT 
Article 6 
In order to protect the environment against the hazards 
posed by batteries and accumulators, action taken by the 
Member States in the field covered by this Directive shall 
pursue the following objectives: Article 6 
In order to protect the environment against the hazards 
posed by the substances contained in batteries and accu­
mulators, action taken by the Member States in the field 
covered by this Directive shall pursue the following 
objectives: 
reduction of the heavy-metal content in batteries and 
accumulators, 
promotion of marketing of batteries and accumu­
lators with a smaller dangerous-substance content, 
reduction of the incidence of spent batteries and 
accumulators in wastes disposed of at household 
waste-disposal plants, 
promotion of research aimed at reducing the 
dangerous-substance content in batteries and accu­
mulators and at the recycling thereof, 
separate disposal of spent batteries and accumulators. reduction of the heavy-metal content in batteries and 
accumulators, 
promotion of marketing of batteries and accumu­
lators containing smaller quantities of dangerous 
substances and/or less polluting substances, 
gradual reduction, in household waste, of spent 
batteries and accumulators, 
promotion of research aimed at reducing the 
dangerous-substance content and favouring the use 
of less polluting substitute substances in batteries and 
accumulators, and research into methods of 
recycling, 
separate disposal of spent batteries and accumulators. 
Article 7 
Member States shall ensure the efficient organization of 
disposal, including the setting-up of a deposit system, 
where appropriate. Article 7 
Member States shall ensure the efficient organization of 
disposal, including the setting-up of a deposit system, 
where appropriate. Such deposit schemes must be 
introduced after consultation with producers of batteries 
and accumulators, must be based on valid environmental 
and economic objectives and will be closely monitored 
by the Commission to ensure that they do not give rise 
to distortions of trade. 
Article 8 
Member States shall ensure that consumers are informed 
about: Article 8 
Member States shall ensure that consumers are fully-
informed about: 
(a) the danger of uncontrolled disposal of spent batteries 
and accumulators; (a) the danger of uncontrolled disposal of spent batteries 
and accumulators; 
(b) the marking of batteries, accumulators and 
appliances with built-in batteries and accumulators; 
(c) the choice of types of battery and accumulator 
available; 
(d) the method of removing batteries and accumulators 
which are built into appliances; 
(e) where appropriate, the reasons for charging a 
deposit and the amount charged. (b) the marking of batteries, accumulators and 
appliances with built-in batteries and accumulators; 
(c) the types of battery and accumulator available; 
(d) the method of removing batteries and accumulators 
which are built into appliances; 
(e) where appropriate, the reasons for charging a 
deposit and the amount charged. 
17. 1. 90 Official Journal of the European Communities NoC 11/11 
ORIGINAL TEXT AMENDED TEXT 
Article 9 
Member States shall draw up disposal and recycling 
programmes in order to achieve the objectives laid down 
in Article 6. Article 9 
Member States shall draw up disposal and recycling 
programmes in order to achieve the objectives laid down 
in Article 6. 
The first programmes shall cover a four-year period 
starting on 1 January 1990. They shall be submitted to 
the Commission by 1 July 1989 at the latest. The first programmes shall cover a for-year period 
starting on [1 January 1990]. They shall be submitted to 
the Commission by [1 July 1989] at the latest. 
The programmes shall be reviewed and updated 
regularly, at least every four years, in particular, in the 
light of technical progress and of the economic situation. 
The revised programmes shall also be submitted to the 
Commission in good time. The programmes shall be reviewed and updated 
regularly, at least every four years, in particular, in the 
light of technical progress and of the economic and envi­
ronmental situation. The revised programmes shall also 
be submitted to the Commission in good time. 
The programmes shall contain at least measures for: 
— promotion of treatment processes allowing greater 
recycling, 
— separate collection of spent batteries and accumu­
lators, 
— separate disposal of spent batteries and accumulators. The programmes shall contain at least measures for: 
— promotion of treatment processes allowing greater 
recycling, 
— separate collection of spent batteries and accumu­
lators, 
— separate disposal of spent batteries and accumulators. 
Article 10 
By way of derogation from Article 11 of Directive 
75/442/EEC, Member States shall take measures to 
ensure that the cost of disposing of batteries and accu­
mulators, less any proceeds from recycling, shall be 
borne by the importer into the Community of the 
batteries and accumulators or by the manufacturer. Article 10 
Notwithstanding Article 11 of Directive 75/442/EEC, 
Member States shall take measures to ensure that the 
cost of disposing of batteries and accumulators, less any 
proceeds from recycling, shall be borne by the importer 
into the Community of the batteries and accumulators or 
by the manufacturer. 
Such levies must be notified to the Commission with a 
view to ensuring that they do not contain any element 
likely to distort trade. 
Article 11 
Member States shall not impede, prohibit or restrict the 
marketing of batteries and accumulators covered by this 
Directive and conforming to the provisions laid down 
therein, with the exception of batteries covered by 
Article 3. Article 11 
Member States shall not impede, prohibit or restrict the 
marketing of batteries and accumulators covered by this 
Directive and conforming to the provisions laid down 
therein, with the exception of batteries covered by 
Article 3. 
Article 12 
The Commission shall adapt Article 4 and the Annex to 
this Directive to technical progress in accordance with 
the procedure set out in Article 12c of Directive 
75/442/EEC. Article 12 
The Commission shall adapt Articles 3 and 4 and 
Annex I to technical progress in accordance with the 
procedure set out in Article 12c of Directive 
75/442/EEC. 
NoC 11/12 Official Journal of the European Communities 17. 1.90 
ORIGINAL TEXT AMENDED TEXT 
Article 13 
1. Member States shall take the measures necessary to 
comply with this Directive by 1 July 1989. They shall 
inform the Commission thereof forthwith. Article 13 
1. Member States shall take the measures necessary to 
comply with this Directive by [1 July 1989]. They shall 
inform the Commission thereof forthwith. 
The provisions adopted pursuant to the first 
subparagraph shall make express reference to this 
Directive. 
2. Member States shall communicate the texts of the 
national laws and regulations which they adopt in the 
field covered by this Directive. The Commission shall 
inform the other Member States thereof. 2. Member States shall communicate the texts of the 
national laws and regulations which they adopt in the 
field covered by this Directive. The Commission shall 
inform the other Member States thereof. 
Article 14 
This Directive is addressed to the Member States. Article 14 
This Directive is addressed to the Member States. 
ANNEX ANNEX I 
ORIGINAL TEXT 
Batteries and accumulators AMENDED TEXT 
Batteries and accumulators 
This Directive applies to: This Directive applies to: 
1. all batteries and accumulators put on the market after this 
Directive enters into force and containing more than 25 mg 
of mercury per cell, except manganese batteries; 1. all batteries and accumulators put on the market after [1 July 
1989] and containing more than 25 mg of mercury per cell, 
except alkaline manganese batteries; 
2. alkaline manganese batteries containing: 
— from 1 July 1989, more than 0,30 % mercury by weight, 
— from 1 January 1991, more than 0,15 % mercury by 
weight, 
— from 1 January 1993, more than 0,10 % mercury by 
weight. 2. alkaline manganese batteries containing: 
— from [1 July 1989], more than 0,30 % mercury by 
weight, 
— from [1 January 1991], more than 0,10 % mercury by 
weight, 
— from [1 January 1993], more than 0,025 % mercury by 
weight, 
3. from 1 July 1989, batteries and accumulators containing 
more than 0,025 % cadmium by weight; 3. from [1 July 1989], batteries and accumulators containing 
more than 0,025 % cadmium by weight; 
4. batteries and accumulators containing more than 0,4 % of 4. from [1 July 1989], batteries and accumulators containing 
lead. more than 0,4 % lead by weight. 
17. 1. 90 Official Journal of the European Communities NoC 11/13 
ANNEXE II 
(Amended Text) 
Recycle Symbol ISO 7000-1135