Commission Directive 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances (Text with EEA relevance)
Date: 1998-12-22
Institutions: European Commission
Subjects: approximation of laws, electric machinery, electrochemistry, technological change, waste disposal, waste management

5. 1. 1999

EN

Official Journal of the European Communities

L 1/1

I

(Acts whose publication is obligatory)

COMMISSION DIRECTIVE 98/101/EC

of 22 December 1998

adapting to technical progress Council Directive 91/157/EEC on batteries and
accumulators containing certain dangerous substances

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Directive 91/157/EEC of 18
March 1991 on batteries and accumulators containing
certain dangerous substances (1), and in particular Article
10 thereof,

Directive 91/157/EEC is amended as follows:

1. Article 3(1) is replaced by the following:

Whereas within the framework of the Act of Accession of
Austria, Finland and Sweden, in particular in Articles 69
and 112, it is foreseen that during a period of four years
from the date of accession the provisions concerning the
mercury containing batteries referred to in Article 3 of
Directive 91/157/EEC should be reviewed in accordance
with EC procedures;

Whereas, in order to achieve a high level of environ-
mental protection,
the marketing of certain batteries
should be prohibited, in view of the amount of mercury
they contain; whereas that prohibition, in order to achieve
its full effect for the environment, must cover appliances
into which such batteries and accumulators are incor-
porated; whereas such prohibition may have a positive
impact in facilitating the recovery of batteries;

Whereas the technical development of alternative heavy-
metal-free batteries should be taken into account;

Whereas Directive 91/157/EEC should be
accordingly;

adapted

Whereas the measures provided for in this Directive are
in accordance with the opinion expressed by the
Committee established pursuant to Article 18 of Council
Directive 75/442/EEC of 15 July 1975 on waste (2), as last
amended by Commission Decision 96/350/EC (3),

(1) OJ L 78, 26. 3. 1991, p. 38.
(2) OJ L 194, 25. 7. 1975, p. 47.
(3) OJ L 135, 6. 6. 1996, p. 32.

‘1. Member States shall prohibit, as from 1 January
2000 at the latest, the marketing of batteries and accu-
mulators, containing more than 0,0005 % of mercury
including in those cases where these
by weight,
batteries and accumulators are incorporated into appli-
ances. Button cells and batteries composed of button
cells with a mercury content of no more than 2 % by
weight shall be exempted from this prohibition.';

2. Annex I is replaced by the text in the Annex to this

Directive.

Article 2

Member States shall adopt and publish, before 1 January
2000,
the provisions necessary to comply with this
Directive. They shall forthwith inform the Commission
thereof.

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 publi-
cation. Member States shall determine how such reference
is to be made.

Article 3

This Directive shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities.

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Official Journal of the European Communities

5. 1. 1999

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 22 December 1998.

For the Commission
Ritt BJERREGAARD

Member of the Commission

ANNEX

‘ANNEX I

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.'