7. 1. 89 Official Journal of the European Communities No C 6/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on batteries and accumulators containing dangerous substances 
COM(88) 672 final — SYN 170 
(Submitted by the Commission on 9 December 1988) 
(89/C 6/03) 
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; 
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 En-
(') OJ No L 194, 25. 7. 1975, p. 47. vironment (2) 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; 
Whereas collection and recycling 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 in view of the various aspects of the problem 
posed by batteries and accumulators adequate measures 
should be taken to reduce the pollution hazard, 
O OJNoC 112,20. 12. 1973, p. 1, 
OJNoC 139, 13.6. 1977, p. 1, 
OJNoC46, 17.2. 1983, p. 1, 
OJNoC 70, 18. 3. 1987, p. 3. 
No C 6/4 Official Journal of the European Communities 7. 1. 89 
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 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 oper­
ations necessary for recycling; 
(d) 'recycling' means processing to recover the secondary 
raw materials contained in spent batteries and accu­
mulators; 
(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 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 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. 
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 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 °/o 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. 
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. 
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: 
— reduction of the heavy-metal content in batteries and 
accumulators, 
— promotion of marketing of batteries and accu­
mulators 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. 
Article 7 
Member States shall ensure the efficient organization of 
disposal, including the setting-up of a deposit system, 
where appropriate. 
Article 8 
Member States shall ensure that consumers are informed 
about: 
(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; 
7. 1. 89 Official Journal of the European Communities No C 6/5 
(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. 
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 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 contain at least measures for: 
— promotion of treatmertt 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 
^>orne by the importer into the Community of the 
batteries and accumulators or by the manufacturer. 
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 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. 
2. Member States shall communicate to the 
Commission the texts of the national laws and regu­
lations 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. 
ANNEX 
Batteries and accumulators 
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; 
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; 
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 lead.