Proposal for a Directive of the European Parliament and of the Council on batteries and accumulators and spent batteries and accumulators [SEC(2003)1343]
Date: 2003-11-24
Institutions: European Commission
Subjects: EU environmental policy, electrical engineering, electricity storage device, electronic waste, environmental protection, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.11.2003
COM(2003) 723 final

2003/0282 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

ON BATTERIES AND ACCUMULATORS AND SPENT BATTERIES AND
ACCUMULATORS

[SEC(2003)1343]

(presented by the Commission)

TABLE OF CONTENTS

1.

1.1.

1.2.

2.

3.

3.1.

3.2.

3.3

4.

5.

5.1.

5.2.

6.

6.1.

6.2.

7.

8.

9.

Introduction...................................................................................................................4

The market for batteries and accumulators...................................................................4

Community legislation on batteries and accumulators .................................................5

Policy considerations and objectives ............................................................................6

Environmental considerations ......................................................................................9

Materials used in batteries and accumulators ...............................................................9

Final disposal of spent batteries and accumulators.....................................................13

Re-introduction of the metals used in batteries in the economic cycle ......................14

Internal market considerations....................................................................................15

Policy measures introduced in the Proposal ...............................................................16

Collection of all spent batteries and accumulators .....................................................17

Recycling of all spent batteries and accumulators......................................................18

Economic considerations ............................................................................................19

Collection and recycling costs ....................................................................................19

Collection and recycling benefits ...............................................................................22

Subsidiarity and proportionality .................................................................................23

Trade aspects ..............................................................................................................24

Legal basis ..................................................................................................................24

ANNEXES................................................................................................................................26

ANNEX I: Summary of the content of the Proposal ................................................................26

ANNEX II: Summary of the Extended Impact Assessment.....................................................31

Chapter I Subject-matter, scope and definitions .......................................................................37

Chapter II Product requirements...............................................................................................39

Chapter III Placing on the Market ............................................................................................40

Chapter IV Collection ...............................................................................................................41

Chapter V Treatment and Recycling.........................................................................................43

Chapter VI Common provisions on collection, treatment and recycling..................................45

2

Chapter VII Consumer information ..........................................................................................47

Chapter VIII Marking requirements .........................................................................................48

Chapter IX Final provisions......................................................................................................48

ANNEX I ..................................................................................................................................52

ANNEX II.................................................................................................................................54

3

EXPLANATORY MEMORANDUM

1.

INTRODUCTION

1.1.

The market for batteries and accumulators

Batteries and accumulators are an essential energy source in our society. They are used in
a  wide  variety  of  products  and  appliances  for  a  large  number  of  consumers  and
professionals. The world battery market has grown in value by approximately 9% every
year  since  1989,  driven  by  the  growth  linked  to  the  development  of  new  consumer
electronic  appliances.  In  value  terms,  the  current  growth  trend  seems  to  have  slowed
down and the world-wide demand for batteries and accumulators is projected to grow by
5% a year over the next few years.1

Batteries can be distinguished according to users, technologies and certain properties like
rechargeability  or  size.2  Generally,  the  battery  and  accumulator  market  is  divided  into
two main groups: (i) the ‘portable’  sector, where  batteries usually weigh less than 1 kg
and (ii) the ‘industrial and automotive’ sector, were batteries usually weight more than 1
kg.

There are three main different types of portable batteries and accumulators:

– 

– 

– 

general purpose batteries and accumulators which are non-rechargeable (mainly
zinc-carbon and alkaline manganese batteries3);

button  cells  (mainly  zinc  air,  silver  oxide,  manganese  oxide  and  lithium
batteries)4, which are non rechargeable;

rechargeable  batteries  and  accumulators  (mainly  nickel-cadmium,  nickel-metal
hydride, lithium ion and sealed lead-acid batteries)5.

In 2002, 158.270 tonnes of portable batteries and accumulators were sold in the EU-15.
Non-rechargeable  portable  batteries  represent  the  largest  proportion  of  the  portable
battery market, approximately 72% in 2002. Rechargeable batteries accounted for 28% of
the portable battery market in 2002.6

1

2

3

4

5

6

The Freedonia Group, “World Batteries” report, published in October 2002. EPBA estimates the
growth of the battery market in tonnes at 1% per year.
“Impact  Assessment  on  Selected  Policy  Options  for  Revision  of  the  Battery  Directive”,  Bio
Intelligence, July 2003.
General- purpose batteries are typically used in clocks, portable audio and devices, torches, toys
and cameras.
Button cells are small round batteries or accumulators, with diameter greater than height, used for
special devices such as hearing aids, watches and small portable equipment.
Portable  rechargeable  batteries  are  typically  used  in  cordless  and  cellular  phones,  power  tools,
emergency lighting, laptops and household appliances.
See also EPBA’s web site: http://www.epba-europe.org/.

4

                                                
Automotive batteries and accumulators are mainly lead-acid batteries used for automotive
starter,  lighting  and  ignition  power  for  vehicles.  The  automotive  battery  market  can  be
subdivided  into  the  original  equipment  market,  -  batteries  sold  with  new  cars  -  and  the
after market, batteries sold independently  of  equipment  at  filling  stations  or  garages.  In
2001,  approximately  58  million  unites  were  sold  in  the  EU-15.  Assuming  an  average
weight  of  15  kg  per  unit,  this  would  amount  to  870.000  tonnes  in  2001.  The  entire
automotive battery market is expected to increase 1.4% annually until 2006.7

Industrial batteries and accumulators are used for industrial purposes, e.g. as standby or
traction  power  in  telecommunications  and  rail  applications.  In  2002,  189.490  tonnes  of
industrial batteries and accumulators were sold in the EU-15. Most of the total industrial
battery segment are lead acid batteries and accumulators (96%) and a small percentage of
industrial  nickel-cadmium  (NiCd)  batteries  (2%),  that  are  used  for  either  aircraft  or
railway/transit system applications.8 Industrial NiCd batteries and accumulators can also
power electrical vehicles (EVs).

1.2.

Community legislation on batteries and accumulators

Current  Community  legislation  on  batteries  and  accumulators  is  Council  Directive
91/157/EEC on  batteries  and accumulators  containing certain dangerous substances,9 as
amended by Commission Directive 98/101/EC.10 This Directive only covers batteries and
accumulators  containing  more  than  0.0005%  mercury  by  weight,  more  than  0.025%
cadmium by weight and more than 0.4% lead by weight.

It  aims  to  approximate  the  laws  of  the  Member  States  on  the  recycling  and  controlled
disposal of spent batteries and accumulators by:

– 

– 

– 

7

8

9

10

prohibiting  the  marketing  of  batteries  and  accumulators  containing  more  than
0.0005% mercury from 1 January 2000 onwards;

requiring  Member  States  to  ensure  the  separate  collection  of  the  batteries  and
accumulators covered by the Directive;

requiring Member  States  to  draw  up  four-yearly  programmes  designed,  among
others, to reduce the heavy metal content of batteries and gradually reduce their
share in the municipal solid waste stream.

See also EUROBAT’s web site: http://www.eurobat.org/.
The remaining 2% comprises NiMH and other battery types.
OJ L 78, 26.3.1991, p. 38.
OJ L 1, 5.1.1999, p. 1, adapting to technical progress Council Directive 91/157/EEC on batteries
and accumulators containing certain dangerous substances.

5

                                                
This  Directive  was  supplemented  by  Commission  Directive  93/86/EEC,11  laying  down
marking requirements for batteries and accumulators  covered by Directive 91/157/EEC,
indicating their separate collection as well as their heavy metal content.

Directive  91/157/EEC  does  not  prescribe  measurable  and  verifiable  instruments
preventing uncontrolled disposal of batteries and accumulators into the environment. As a
result  there  are  divergent  approaches,  and  the  overall  collection  efficiency  of  spent
batteries  and  accumulators  in  the  Community  is  low.  Thus,  many  batteries  and
accumulators  still  are  landfilled  or  incinerated,  instead  of  being  collected  and  recycled.
As  an  illustration,  in  2002,  out  of  the  158.270  tonnes  of  portable  batteries  and
accumulators  sold  in  the  EU-15,  72.155  tonnes  (representing  45.5%  of  sales)  went  to
final disposal (landfill or incineration).12

2.

POLICY CONSIDERATIONS AND OBJECTIVES

The  EU  waste  hierarchy  defines  the  priorities  in  waste  treatment.  It  gives  preference
firstly  to  waste  prevention,  then  to  recycling,  then  to  energy  recovery  and  finally  to
disposal.  Indeed,  the  Communication  from  the  Commission  on  the  review  of  the
Community Strategy for waste management assigns prevention of waste the first priority,
followed by re-use and  recovery and  finally by safe disposal of waste. Moreover, in its
Resolution  of  24  February  1997  on  a  Community  Strategy  for  waste  management,  the
Council  reiterated  its  conviction  that  waste  prevention  should  be  a  first  priority  for  a
rational  waste  policy,  in  relation  to  minimising  waste  production  and  the  hazardous
properties of waste.13

The  main  impetus  for  this  Proposal  comes  from  the  Sixth  Community  Environment
Action  Programme  (6EAP)  which  lays  down  the  key  environmental  objectives  and
priorities  for  the  next  ten  years  starting  as  from  22  July  2002.14  In  the  field  of  the
sustainable  use  and  management  of  natural  resources  and  wastes,  the  6EAP  identifies
four specific objectives, including “a significant reduction in the quantity of waste going
to disposal and the volumes of hazardous waste produced, while avoiding an increase of
emissions  to  air,  water  and  soil”  and  “encouraging  re-use  for  wastes  that  are  still
generated: the level of their hazardousness should be reduced and they should present as
little  risk  as  possible,  preference  should  be  given  to  recovery  and  especially  recycling;
the quantity of waste for disposal should be minimised and should be safely disposed of
(…)”.15

11

12

13

14

15

OJ  L  264,  23.10.93,  p.  51,  adapting  to  technical  progress  Council  Directive  91/157/EEC  on
batteries and accumulators containing certain dangerous substances.
“Impact  Assessment  on  Selected  Policy  Options  for  Revision  of  the  Battery  Directive”,  Bio
Intelligence, July 2003.
OJ C 76, 11.03.1997, p. 1.
OJ L 242, 10.9.2002, p. 1.
See Article 8 (1) third and fourth indent of the 6EAP.

6

                                                
The 6EAP stipulates that those objectives shall be pursued by, among others, developing
or revising the legislation on batteries.16

Furthermore, this Proposal builds upon the objectives established by the  current Battery
Directive,  namely  to  approximate  the  laws  of  the  Member  States  on  the  recovery  and
controlled  disposal  of  batteries  and  accumulators  containing  lead,  mercury  and
cadmium.17

Moreover,  improving  waste  management  in  general  is  recognised  as  a  major
environmental challenge not only at Community level but also at international level. The
plan  of  implementation  agreed  at  the  World  Summit  on  Sustainable  Development
(Johannesburg  2002)  builds  on  Agenda  21  and  calls  for  further  action  to  “prevent  and
minimise  waste  and  maximise  reuse,  recycling  and  the  use  of  environmentally  friendly
alternative  materials,  with 
the  participation  of  government  authorities  and  all
stakeholders,  in  order  to  minimise  adverse  effects  on  the  environment  and  improve
resource efficiency”.18

To re-incorporate  waste  in the  economic cycle  (‘closing the  materials loop”),  i.e.  waste
recovery,  is  recognised  by  the  Communication  from  the  Commission  “Towards  a
Thematic Strategy on prevention and recycling of waste”19 as an important element of a
comprehensive approach to resource management.

This  Proposal  also  takes  account  of  the  objectives  of  the  recent  Commission
Communication on Integrated Product Policy.20 This Communication sets as its objective
“the  reduction  of  environmental  impacts  from  products  throughout  their  life-cycle,
harnessing,  where  possible,  a  market  driven  approach,  within  which  competitiveness
concerns are integrated”.

Further  policy  considerations  come  from  other  pieces  of  Community  legislation  which
also aim to improve the waste management of specific waste streams, such as Directive
94/62/EC  on  Packaging  and  Packaging  Waste,  Directive  200/53/EC  on  end  of  life
vehicles  (ELV  Directive)21,  Directive  2002/96/EC  on  waste  electrical  electronic
equipment  (WEEE  Directive)22  and  Directive  2002/95  on  the  restriction  of  the  use  of
hazardous substance in electrical and electronic equipment (RoHS Directive).23

16

17

18

19

20

21

22

23

See Article 8(2) fourth indent of the 6EAP.
See Article 2 of Directive 91/157/EEC.
http://www.johannesburgsummit.org/html/documents/summit_docs/2309_planfinal.htm 
particular paragraph 21.
Communication  from  the  Commission  “Towards  a  thematic  strategy  on  the  prevention  and
recycling of waste” of 27.05.2003, COM(2003) 301final.
Communication  from  the  Commission  “Integrated  Product  Policy”,  COM(2003)302  final  of
18.6.2003.
OJ L 269/34, 21.10.2000.
OJ L 37/24, 13.02.2003.
OJ L37/19 of 13.02.2003.

in

7

                                                
The WEEE Directive explicitly calls for the revision of Directive 91/157/EEC as soon as
possible.24

As regards the scope, the RoHS Directive does not apply to batteries. However, batteries
incorporated in  electrical  and electronic  equipment,  the  moment  the  equipment  because
waste, will be collected together with the equipment on the basis of the WEEE Directive.
The battery  producers  will  become  responsible  for  further  treatment  once  the  battery  is
removed  from  the  equipment  after  collection.  A  similar  situation  applies  to  batteries
incorporated in end-of life vehicles. Those batteries will be collected on the basis of the
requirements  of  the  ELV  Directive.  Furthermore,  Article  4(2)(a)  of  the  ELV  Directive
requires the substitution of mercury, lead, hexavalent chromium and cadmium in vehicles
by 1 July 2003.25 This Directive applies to both automotive lead-acid batteries and nickel-
cadmium  batteries  used  in  electrical  vehicles.  However,  the  Community  legislator
established  a  list  of  exemptions  from  this  substitution  requirement  in  Annex  II  to  this
Directive. The use of lead in automotive batteries was exempted without time limitation.
As the same time, the Community legislator requested the Commission to look into the
feasibility of substituting cadmium in nickel-cadmium batteries used in electrical vehicles
as  a  matter  of  priority.  Commission  Decision  2002/525/EC,  amending  Annex  II  of  the
ELV  Directive,26  grants  an  exemption  for  the  use  of  cadmium  in  batteries  for  electric
vehicles  until  31  December  2005.  However,  Article  2(2)  of  Commission  Decision
2002/525/EC  stipulates:  “in  the  framework  of  the  overall  environmental  assessment
already  undertaking,  the  Commission  shall  continue  to  analyse  the  progressive
substitution  of  cadmium,  taking  into  account  the  need  to  maintain  the  availability  of
electrical  vehicles.  The  Commission  shall  finalise  and  make  public  its  findings  by  31
December  2004  at  the  latest  and  may  make,  if  proven  justified  by  the  results  of  the
analysis,  a  proposal  to  extend  the  deadline  in  accordance  with  Article  4(2)(b)  of
Directive 2000/53/EC”.

In line with the policy considerations mentioned above, this Proposal aims at a significant
reduction on the quantities of spent batteries going to disposal and at the highest possible
re-introduction  of  wastes  into  the  economic  cycle.  The  aim  is  to  set  verifiable  and
comparable  collection  and  recycling  objectives  so  that  progress  throughout  the
Community  can  be  monitored.  Secondly,  because  of  the  current  divergences  between
Member States, this Proposal is required to ensure the proper functioning of the internal
market and to avoid obstacles to trade and distortion and restriction of competition within
the Community.

In  line  with  the  Community  policy  of  improving  and  simplifying  legislation,27  this
Proposal  repeals  Directives  91/157/EEC,  91/101/EC  and  93/86/EEC  and  replaces  them
with one single legal instrument.

24

25

26

27

Recital 11.
O.J. L 269/34 of 21.10.2000
OJ, L 170/81, 29.6.2002.
See Commission Communication COM(2002)275final of 6.6.2002: “European Governance: better
lawmaking”.

8

                                                
3.

ENVIRONMENTAL CONSIDERATIONS

Each  year,  approximately  800.000  tonnes  of  automotive  batteries,  190.000  tonnes  of
industrial batteries and 160.000 tonnes of portable batteries are placed on the Community
market.  Batteries  and  accumulators  pose  not  particular  environmental  concerns  when
they  are  in  use  or  kept  at  home.  However,  sooner  or  later  those  batteries  will  become
waste and risk of contributing to the final disposal of waste in the Community.

The proposed measures aim at managing the risks of the hazardous characteristics of the
materials  used  in  batteries,  their  contribution  to  air  emissions  and  to  polluting
incineration residues as well as managing the risks related to landfilling of batteries. As
acknowledged by the Scientific Committee on Toxicity, Ecotoxity and the Environment
(SCTEE), there is a lack of methodology to assess the long-term risks  of leachate  from
landfills. Furthermore, the proposed measures aim at contributing to resource savings by
re-introducing metals used in batteries in the economic cycle.

3.1.

Materials used in batteries and accumulators

Environmental  concerns  related  to  batteries  and  accumulators  are  mainly  due  to  the
materials they contain. The main environmental impacts occur during the production and
waste management phases.

Commission  Decision  2000/532/EC28  has  established  two  categories  of  batteries:  non-
hazardous  and  hazardous  batteries.  Hazardous  batteries  are  lead  batteries,  nickel-
cadmium  batteries  and  mercury-containing  batteries.  Mercury,  various  compounds  of
cadmium  and  lead  are  also  classified  under  Council  Directive  67/548/EEC  of  27  June
1967 on the approximation of laws, regulations and administrative provisions relating to
the classification, packaging and labelling of dangerous substances.29

– 

Mercury:  Mercury  is  known  for  a  variety  of  documented,  significant  adverse
impacts on human health and the environment. Mercury and its compounds are
highly toxic, especially to the developing nervous system.30

Under Directive 67/548/EEC , mercury is classified as

– 

– 

T; R 23 - Toxic by inhalation;

R33 - Danger of cumulative effects; and

28

29

30

Commission  Decision  of  3  May  2000  replacing  Decision  94/3/EC  establishing  a  list  of  wastes
pursuant  to  Article  1(a)  of  Council  Directive  75/442/EEC  on  waste  and  Council  Decision
94/904/EC  establishing  a  list  of  hazardous  waste  pursuant  to  Article  1(4)  of  Council  Directive
91/689/EEC on hazardous waste, OJ L 226/3 of 06.09.2000.
OJ L 196 , 16.8.1967, p. 1.
See Global Mercury Assessment, United Nations Environmental Programme, Chemicals; Geneva,
Switzerland, December 2002.

9

                                                
– 

N;  R50-53  -  Dangerous  for  the  environment  /  Very  toxic  to  aquatic
organisms,  may  cause 
the  aquatic
environment.

long-term  adverse  effects 

in 

Organic and inorganic mercury compounds in general are classified as:

– 

– 

– 

T+;  R26/27/28  -  Very  toxic  by  inhalation,  in  contact  with  skin  and  if
swallowed;

R33: Danger of cumulative effects;31

N;  R50-53  -  Dangerous  for  the  environment  /  Very  toxic  to  aquatic
organisms,  may  cause 
the  aquatic
environment.

long-term  adverse  effects 

in 

Since  1990,  mercury  consumption  in  primary  batteries  has  declined  significantly  in  the
EU  due  to  the  restriction  on  the  use  of  mercury  in  batteries  introduced  by  Directive
91/157/EEC. The restriction entered into force on 1 January 2000. However, button cells
are  exempted  from  this  restriction.  The  biggest  part  of  current  mercury  emissions  from
batteries in the EU originates from special purpose mercury button cells.32

Despite  the  restriction  on  the  use  of  mercury  in  batteries  and  accumulators,  mercury
batteries  produced  before  the  restriction  entered  into  force  are  still  on  the  market.  For
example, in Germany, GRS reported that the average mercury content of general-purpose
batteries  and  accumulators  was  approximately  200-300  ppm  in  1998,  and  100  ppm  in
2002  and  will  be  below  20  ppm  in  2005.  In  2001,  it  was  estimated  that  six  tonnes  of
mercury batteries and accumulators are still at home with the consumers, since the rate of
return for button cells containing mercury is only around 10% of the sales volume.33 The
European  Battery  Recycling  Association  (EBRA  )considers  that  it  will  take  at  least  10
years  before  all  of  the  older  mercury  containing  batteries  will  be  discarded  by  the
consumers. As the marketing of primary batteries containing more than 5 ppm of mercury
stopped in 2000, EBRA estimates that the disappearance  of spent  batteries in the  waste
stream will not be observed before 2010.

– 

31

32

33

Cadmium:  Cadmium  (Cd)  is  a  toxic  and  carcinogenic  substance.  The
International  Agency  for  Research  on  Cancer  has  identified  Cd  as  a  known
human  carcinogen.  Epidemiologic  studies  of  Cd-exposed  workers  show  excess
lung cancer. The main non-cancer endpoint of concern is kidney damage. Bone

Inorganic  mercury  which  is  spread  in  the  water  is  transformed  to  methylated  mercury  in  the
sediments  at  the  bottoms.  Methylated  mercury  easily  accumulates  in  living  organisms  and
becomes concentrated through the food chain via fish. Methylated mercury has chronic effects and
causes damage to the brain.
Emission Inventory Guidebook, December 2000.
See press release of 5 June 2002 of the Bundeskartellamt, http://www.umweltbundesamt.de/uba-
info-presse-e/presse-informationen-
e/p5602e.htm+mercury+batteries+Germany+2002&hl=fr&ie=UTF-8.

10

                                                
and  hematologic  disorders  have  also  occurred  at  high  level  exposure.  A  wider
range of organ toxicity has been demonstrated in animals.34

Under Directive 67/548/EEC, cadmium compounds in general are classified as:

– 

– 

Xn;  R20/21/22  -  harmful  by  inhalation,  in  contact  with  skin  and  if
swallowed;

N; R50-53 - Very toxic to aquatic organisms, may cause long-term adverse
effects in the aquatic environment.

Due  to  the  results  of  the  risk  assessment  carried  out  under  Regulation
793/93/EEC35,  the  following  classification  of  cadmium  and  cadmium  oxide  is
proposed for the 29th ATP of Directive 67/548/EEC:

– 

– 

– 

T;  R48/23/25  -  Toxic:  danger  of  serious  damage  to  health  by  prolonged
exposure through inhalation and if swallowed;

T+; R26 - Very toxic by inhalation;

Carc. Cat. 2, R45 - Carcinogenic substance category 2;36

–  Muta.  Cat.3,  R68  -  Mutagenic  substance  category  337  /  Possible  risk  of

irreversible effects;

– 

– 

Repr.  Cat.3;  R62-63  -  Substance  toxic  to  reproduction  category  338  /
Possible risk of impaired fertility and possible risk of harm to the unborn
child;

N;  R50-53  -  Dangerous  for  the  environment  /  Very  toxic  to  aquatic
organisms,  may  cause 
the  aquatic
environment.

long-term  adverse  effects 

in 

Batteries have the highest concentration of cadmium compared to the other typical metal
concentration of MSW constituents.39 The EU regional consumption of cadmium reaches

34

35

36

37

38

/  Cadmium  metal;  Final  Draft,  July  2003

See  Risk  Assessment,  Cadmium  oxide 
http://ecb.jrc.it/php-
pgm/open_file.php?ITEM=Draft_RAR&CASNO=7440439&FICHIER=/DOCUMENTS/Existing
-Chemicals/RISK_ASSESSMENT/DRAFT/R303_0307_env_hh.pdf
and
Results  of  the  2nd  SCOPE  Environmental  Cadmium  workshop,  University  of  Ghent,  Belgium,
September 
2003
http://www.icsu-scope.org/cdmeeting/2003meeting/cdindex.htm.
OJ L 224/34 of 3.9.1993.
Substance which should be regarded as if it is carcinogenic to man.
Substance which cause concern for man owing to possible mutagenic effects.
Substance  which cause concern for human fertility /  substance  which  cause  concern  for  humans
owing to possible developmental toxic effects.

11

                                                
the  value  of  2.638  tonnes,  which  are  distributed  for  75.2%  to  NiCd  batteries,  14.9%  to
pigments, 5% to stabilisers and 5% in alloys and plating”.40

Of  the  total  amount  of  cadmium  used  in  batteries,  75-80%  is  used  in  portable  NiCd
batteries  and  accumulators,  while  the  rest  is  used  in  industrial  NiCd  batteries  and
accumulators.  Portable  NiCd  batteries  and  accumulators  are  said  to  contain  on  average
13% of cadmium by weight and industrial NiCd batteries and accumulators contain 8%
by weight.

– 

Lead: Above certain concentrations, lead is toxic to humans. Continued or acute
overexposure  to  lead  can  cause  severe  and  cumulative  health  problems.  Lead
affects the major organs as well as the central nervous and circulatory systems.
Lead exposure is most serious for young children because they absorb lead more
easily  than  adults  and  are  more  susceptible  to  its  harmful  effects.  During
pregnancy, especially in the last trimester, lead can cross the placenta and affect
the  unborn  child.  Lead  can  have  adverse  effects  on  the  ecosystem,  including
interference with growth and productivity of marine life, and toxicity of fish.41

Under Council Directive 67/548/EEC, lead compounds in general are classified
as:

– 

– 

– 

– 

– 

Repr.  Cat.1,  R61  -  Substance  toxic  to  reproduction  category  142  /  May
cause harm to the unborn child;

Repr. Cat.3, R62 - Substance toxic to reproduction category 343 / Possible
risk of impaired fertility;

Xn; R20/22 - Harmful by inhalation and if swallowed;

R33 - Danger of cumulative effects;

N;  R50-53  -  Dangerous  for  the  environment  /  Very  toxic  to  aquatic
the  aquatic
organisms,  may  cause 
environment.

long-term  adverse  effects 

in 

As regards the use of  lead  in batteries  and accumulators,  automotive  lead-acid batteries
and accumulators are the largest use of lead. In 1997, it was reported that they used about
73% of the global lead production.44

39

40

41

42

43

Targeted  Risk  Assessment  (TRAR)  on  the  use  of  cadmium  oxide  in  batteries,  draft  final  report
May 2003, page 67. This report states that the final contribution to the overall cadmium content is
dependent on the weight distribution of the different waste components.
TRAR on the use of cadmium oxide in batteries, draft final report May 2003, page 28.
See report "Risks to Health and  the  Environment  related  to  the  Use  of  Lead  in  Products";  TNO
report 
(Finals)
STB-01-39 
http://europa.eu.int/comm/enterprise/chemicals/legislation/markrestr/studies/lead.pdf.
Substance known to cause developmental toxicity in humans.
Substance which cause concern for humans owing to possible developmental toxic effects.

12

                                                                                                                                                
3.2.

Final disposal of spent batteries and accumulators

Two thirds of the total European municipal solid waste stream (MSW) is still landfilled.
However,  within  the  EU  there  is  a  clear  distinction  between  ‘landfilling’  and  ‘non-
landfilling’ countries, with the choice of opinions depending on factors such as traditional
practice,  public  acceptance  and  the  availability  of  land  for  landfill  sites.  In  Acceding
States,  the  fraction  of  MSW  going  to  landfill  is  generally  more  than  90%  and  in  many
cases close to 100%.45 Legal landfills are becoming increasingly  full. Heavy metals are
toxins  are  leaking  into  the  surrounding  groundwater  and  soil.  Also  worrying  is  the
unknown, but estimated high number of illegal landfills in the EU-25 whose risks cannot
be quantified.46 Directive 1999/31/EC on landfills aims to reduce both the amount and the
toxicity of landfilled wastes and defines standards for the design and operation of existing
and  new  landfills.47  The  main  alternative  disposal  route,  incineration,  also  produces
toxins and heavy metals. Directive 2000/76/EC on the incineration of waste sets emission
standards  for  both  new  and  existing  installations.48  Filters  must  be  installed  in
incinerators  to  prevent  the  release  of  toxins  and  heavy  metals  in  the  air.  Used  filters,
together  with  a  quarter  of  the  waste’s  original  weight  (incineration  residues),  are  either
landfilled, emitted into water and air or further used for construction works and others.

In case of incineration of batteries, metals such as cadmium, mercury, zinc, lead, nickel,
lithium and manganese will be found in the bottom-ashes and fly ashes.  Incineration of
batteries thus contributes to emissions of heavy metals to air and reduces  the quality  of
the fly ashes and bottom-ashes (incineration residues). The main disposal route for spent
batteries  and  accumulators  is  landfilling.  It  is  estimated  that  75%  of  the  disposed  spent
batteries  are  being  landfilled.  The  main  environmental  concerns  associated  with  the
landfilling  of  batteries  are  related  to  the  generation  and  eventual  discharges  of  leachate
into  the  environment.49  A  particular  concern  related  to  lithium  batteries  is  their  risk  of
explosion.

The environmental risks related to the disposal of cadmium batteries are assessed in the
draft  Targeted  Risk  Assessment  Report  “Cadmium  (oxide)  as  used  in  batteries”
(TRAR),50  which  is  currently  being  peer-reviewed  by  the  Scientific  Committee  on
Toxicity,  Eco-toxicity  and  the  Environment  (SCTEE).51  According  to  the  TRAR,  the

44

45

46

47

48

49

50

51

at 

the 

fact 

lead 

Icon 

2001;

book, 

Profile 

on-line 

Industry 

See,  Lead 
http://www.ldaint.org/factbook/factbookch3.htm.
European Enviromental Agency, Environmental Signals 2002.
“EU focus on waste management”, European Commission, DG Environment, August 1999.
OJ L 182/1 of 1.7.1999.
OJ L 332/91 of 28.12.2000.
Leachate is generated as a result of the expulsion of liquid from the waste due to its own weight or
compaction  loading  (‘primary  leachate’)  and  the  percolation  of  water  through  a  landfill
(‘secondary  leachate’).  The  source  of  percolating  water  could  be  precipitation,  irrigation,
groundwater or leachate recirculated through the landfill.
Targeted Risk Assessment Report (TRAR), draft final report of May 2003, carried out by Belgium
within the framework of Regulation 793/93/EEC.
The SCTEE will give its opinion to the European Commission on the overall scientific quality of
the report.

13

                                                                                                                                                
cadmium  emissions  of  portable  nickel-cadmium  batteries  due  to  incineration  was
calculated to be 323 – 1.617 kg of cadmium per  year to air and 35-176 kg of cadmium
per year to water. Total cadmium emissions of portable nickel-cadmium batteries due to
landfill was calculated at 131-655 kg of cadmium per year.52

It  is  estimated  that  in  2002  at  EU  level  2.044  tonnes  of  portable  NiCd  batteries  were
disposed of in the municipal solid waste stream.53 However, a large quantity of batteries
and accumulators – even spent batteries - are kept at home, for many years, by end-users
before  being  discarded  (‘hoarding  of  batteries’).  At  EU  level  it  is  estimated  that
households  hoard  37%  of  portable  batteries  and  accumulators.54  Industry  estimates  that
for  portable  NiCd  batteries,  this  hoarding  effect  may  be  even  higher.  At  the  moment,
when the end-user decides to dispose of those batteries and accumulators conventionally,
they  may  end  up  in  the  MSW  stream.  The  TRAR  states:  “If  NiCd  batteries  cannot  be
collected  efficaciously,  the  future  cadmium  content  in  the  MSW  stream  is  predicted  to
increase. The impact of this potential increase on future emissions has been assessed for
MSW incineration only. The  impact  of  a  future change in the  MSW composition  on  the
composition of the leachate of a landfill could not be judged based on the current lack of
knowledge and methodology”.55

The  Commission  believes  that  the  measures  proposed  are  suitable  to  manage  the  risks
currently identified by the TRAR on the use of cadmium in batteries.

3.3

Re-introduction of the metals used in batteries in the economic cycle

At  present,  many  spent  batteries  which  are  collected  and  then  disposed  of,  instead  of
being  recycled.56  Bio  Intelligence  reported  that  in  2002,  out  of  the  22.361  tonnes  of
portable primary batteries collected, 19.643 tonnes were sent to a recycling facility.57 For

52

53

54

55

56

57

See  TRAR,  draft  final  report  of  May  2003,  page  133.  The  following  assumptions  are  made:
portable  NiCd  batteries  account  for  10-50  %  of  the  total  MSW  cadmium  content,  the  total
cadmium content of MSW on dry weight basis equal 10 g/tonne, and 24.4 % of the sprnt portable
nickel-cadmium batteries anre sent to incineration activities and 75.6 % to landfill activities.
“Impact  Assessment  on  Selected  Policy  Options  for  the  Revision  of  the  Battery  Directive”,  Bio
Intelligence 2003.
“Impact  Assessment  on  Selected  Policy  Options  for  the  Revision  of  the  Battery  Directive”,  Bio
Intelligence 2003.
TRAR, Final Draft May 2003, page 7. Furthermore, the TRAR itself also indicates the following
lack of  methodologies to assess certain  impacts:  “neither  the  delayed  cadmium  emissions  of  the
re-use of incineration residues not the impact of future expected increase in cadmium content of
bottom  ash  and  fly  ash  on  the  re-usability  of  these  incineration  residues  have  been  quantified”
(page  6)  and  “the  contamination  of  the  groundwater  compartment  due  to  fugitive  emissions  of
landfills  have  not been quantified  in  this  TRAR  since  no guidance  is  available  to  perform  these
calculations” (page 7).
In  the  UK,  for  example,  collected  industrial  NiCd  batteries  are  disposed  of  in  landfills  (see
“Analysis  of  the  Environmental  Impacts  and  Financial  Costs  of  a  Possible  New  Directive  on
Batteries”,  ERM  2000).  In  Sweden  all  alkaline  manganese  and  zinc  carbon  batteries  are  put  in
landfills  after  collection.  In  Germany  approximately  30%  of  the  portable  batteries  collected
separately are sent to landfills.
“Impact  Assessment  on  Selected  Policy  Options  for  the  Revision  of  the  Battery  Directive”,  Bio
Intelligence 2003.

14

                                                
portable rechargeable  batteries the  entire  amount  collected (4.862 tonnes) was sent  to  a
recycling  facility.  EBRA  reported  a  recycling  of  10.710  tonnes  of  portable  primary
batteries and 4.657 tonnes of portable rechargeable batteries in 2002.58

On  a  resource  management  level,  batteries  are  considered  as  an  ore  of  secondary  raw
materials.59  Valuable  metals  such  as  nickel,  cobalt  and  silver  could  be  recovered.
Additionally, a range of substances such as various acids, salts and plastics which are also
contained  in  the  batteries  will  be  captured  by  the  system  and  diverted  from  municipal
waste to specific installations equipped to deal with waste batteries.

The  use  of  recycled  metals  in  battery  production  instead  of  virgin  metals  has  positive
environmental  impacts  through reduced  energy use and reduced pollution related to the
mining of the virgin source. As an example, using recycled cadmium and nickel require
respectively 46% and 75% less primary energy compared with the extraction and refining
of virgin metal.60 For zinc, the relation between the energy needed for recycling and the
energy needed for extraction from primary resources is 2.2 to 8.61 These figures may be
particularly significant given the fact that the primary production of metals is the source
of approximately 10% of global CO2 emissions.

4.

INTERNAL MARKET CONSIDERATIONS

This Proposal also aims at contributing to the proper functioning of the internal market,
thereby guaranteeing the free movement of goods and contributing to the creation of an
internal market for the recycling of collected batteries.

Current  Community  legislation  on  batteries  and  accumulators  containing  certain
dangerous  substances  (Directive  91/157/EEC)  is  based  on  Article  95  (formerly  Article
100a)  of  the  Treaty,  which  aims  at  harmonising  national  legislation  with  a  view  to
establishing  the  internal  market.  In  practice,  however,  there  are  significant  disparities
between the national laws implementing Directive 91/157/EEC.

Diverging  national  measures  on,  for  example,  marketing  restrictions  or  marking
obligations, constitute, in general, barriers to trade and may have a negative impact on the
functioning of the internal market. Such effects have frequently been reported by industry
following the different ways of implementing Directive 91/157/EEC in various Member
States.  These  potential  restrictions  on  the  free  movement  of  goods  between  Member
States should therefore be eliminated by legislation at Community level.

Another  concern  is  the  disparities  between  the  scope  of  the  national  collection  and
recycling  schemes.  For  instance,  in  some  Member  States  the  schemes  cover  collection

58

59

60

61

See: http://www.ebrarecycling.org/ArticlesPDF/pressreleases/EBRApressrelease4-6.pdf.
Compare for example the metallic content of a zinc ore (15%)  with the zinc content of batteries
(20%).
Life Cycle Inventory of Recycling Portable Nickel-Cadmium Batteries, Rydh, C.J., Karlström, M.
(2002), Resources, Conservation and Recycling, No. 34, p. 289-309.
Metaller, materialflöden i samhället, Naturwardsverket, rapport 4506, p. 27.

15

                                                
and  recycling  of  all  batteries  and  accumulators,  whereas  in  others  they  simply  cover
batteries  and  accumulators  covered  by  Directive  91/157/EEC.  The  collection  rates  also
vary  considerably  between  Member  States.  As  these  different  schemes  can  have  a
negative impact on the internal market and distort competition, it is important to ensure a
level  playing-field  across  the  EU.  Whilst  Member  States  remain  free  to  organise  the
collection  and  recycling  schemes  at  their  national  territory,  this  Proposal  requires
Member States to extend the scope of those schemes to all batteries and accumulators put
on the market.

Economies  of  scale  make  battery  recycling  more  efficient  if  large  volumes  of  batteries
and  accumulators  are  processed.  Small  Member  States  may  find  it  difficult  to  collect
sufficient volumes for economically sound recycling within their own territories, so they
depend  on  battery  collection  in  other  Member  States  in  order  to  operate  their  own
recycling  installations  efficiently.  A  Community-wide  system  ensuring  that  the  internal
market  functions  properly  is  thus  needed.  Moreover,  the  environmental  objectives  and
requirements to be fulfilled by the market operators as regards the management of spent
batteries and accumulators also need to be clarified, if the internal market is to function
properly.

5.

POLICY MEASURES INTRODUCED IN THE PROPOSAL

The  Proposal  introduces  policy  measures  which  should  divert  all  spent  batteries  and
accumulators from final disposal operations (landfill and incineration) and should ensure
that Member States adopt environmentally sound waste management practices which will
lead to an efficient collection and recycling of spent batteries and a proper functioning of
the internal market. Additional measures are proposed with respect to batteries containing
mercury,  cadmium  and  lead  since  those  batteries  are  qualified  as  hazardous  waste  and
thus require additional risk management measures.

When preparing this Proposal, the Commission assessed a range of policy measures using
an  Extended  Impact  Assessment  (ExIA).62  Main  input  to  this  ExIA  came  from  a  study
performed  by  an  independent  consultant63,  a  public  stakeholder  consultation  and  the
TRAR on the use of cadmium (oxide) in batteries.64

62

63

64

According  to  the  Communication  from  the  Commission  on  Impact  Assessment,  impact
assessments should be used to identify the likely positive and negative impacts of proposed policy
action, enabling informed political judgements to be made about the proposal and identifying the
trade-offs in achieving competing objectives. The impact assessment should be conducted on the
basis  of  the  “principle  of  proportionate  analysis”,  i.e.  the  depth  of  the  analysis  must  be
proportionate to the significance of the likely impacts (COM(2002) 276 final.)
“Impact  Assessment  on  Selected  Policy  Options  for  Revision  of  the  Battery  Directive”,  Bio
Intelligence 2003.
TRAR on the use of cadmium oxide in batteries, draft final report May 2003.

16

                                                
5.1.

Collection of all spent batteries and accumulators

For  portable  batteries  and  accumulators  the  current  collection  rate  is  poor.  One  of  the
main  reasons  seems  to  be  that  consumers  have  considerable  difficulty  distinguishing
between  the  batteries  and  accumulators  covered  by  the  current  Directives  (batteries
containing  certain  amounts  of  mercury,  cadmium  and  lead)  and  other  batteries  (e.g.
general-purpose  batteries).  In  addition,  it  appears  that  due  to  economies  of  scale  and
scope, the cost of a separate collection and disposal system just for a small percentage of
the  total  quantity  of  portable  batteries  and  accumulators  is  a  major  obstacle.  So,  it  is
generally considered that moving to an ‘all batteries’ collection scheme will also increase
the  collection  rate  of  the  batteries  and  accumulators  containing  mercury,  cadmium  and
lead.

Experience with Directive 91/157/EEC confirmed that the most efficient way  to  collect
portable  batteries  and  accumulators  from  households  is  to  apply  an  ‘all  batteries’
collection scheme.65 It is thus important to encourage Member States to set up effective
collection schemes for the collection of all portable batteries and accumulators by setting
a minimum collection target at Community level.

The  Proposal  establishes  a  uniform  minimum  target  for  the  collection  of  all  spent
portable batteries and accumulators to ensure high and equivalent levels of collection in
the different Member States. This would also allow monitoring at Community level. It is
proposed to calculate this target on the basis grams per inhabitant. This is in line with the
calculation of the collection target of the WEEE Directive.66

Contrary  to  spent  portable  batteries  and  accumulators,  spent  industrial  and  automotive
batteries  and  accumulators  have  a  lower  risk  of  being  disposed  of  in  the  environment
because  they  are  large  and  used  professionally.  Moreover,  because  of  their  economic
value,  the  collection  rate  of  these  batteries  and  accumulators  is  reported  to  be  already
close  to  100%  according  to  established  industry  practices.  It  is  therefore  not  deemed
necessary  to  adopt  specific  collection  targets  for  these  batteries  and  accumulators.
Instead,  the  Proposal  imposes  a  legal  obligation  on  manufacturers  to  take-back  those
batteries.  The  Proposal  also  requires  that  automotive  batteries  and  accumulators  are
collected separately, in so far as those batteries are not already collected on the basis of
schemes set up under Directive 2000/53/EC.

For environmental reasons, it is particularly important to divert hazardous waste from the
waste  stream.  Therefore,  it  is  proposed  to  prohibit  the  landfilling  and  incineration  of

65

66

This  is  why  several  Member  States  (Austria,  Germany,  France,  the  Netherlands,  Belgium  and
Sweden) have already moved from a dedicated battery collection scheme (as required by Directive
91/157/EEC) to an ‘all battery’ collection scheme. An ‘all battery’ collection scheme has also been
advocated by EPBA since 1997 with the adoption of their two step plan (“Two Steps Towards a
Better Environment”, EPBA November 1997).
Stakeholders submitted that there is no link with the annual battery sales because of the longer life
span  of  batteries  (up  to  15  years)  and  the  hoarding  behaviour  of  consumers  (consumers  tend  to
keep  their  batteries  at  home,  even  after  the  use-phase).  This  calculation  method  is  favoured  by
EPBA.

17

                                                
industrial  and  automotive  batteries.  Those  are  mainly  lead-acid  and  nickel-cadmium
batteries. As regards the portable nickel-cadmium batteries, such a ban would not appear
to be enforceable. Therefore, it is proposed to set an additional collection target for those
batteries.  It  is  proposed  to  set  this  target  at  80%  of  the  total  quantity  of  spent  portable
NiCd  batteries  and  accumulators  which  arose  annually.  This  is  the  quantity  of  portable
NiCd batteries and accumulators which are being collected and disposed of together with
the municipal solid waste.

Member  States  should  thus  monitor  the  quantities  of  portable  NiCd  batteries  and
accumulators  found  in  the  municipal  solid  waste  stream  and  report  this  to  the
Commission.  On  the  basis  of  this  information  as  well  as  new  scientific  and  technical
progress, the Commission will evaluate the specific environmental risks related to the use
of cadmium in batteries and accumulators on a regular basis.

5.2.

Recycling of all spent batteries and accumulators

Directive  91/157/EEC  does  not  specify  recycling  requirements  for  spent  batteries  and
accumulators. These are left to the discretion of the Member State provided they comply
with the internal market rules. The Directive does encourage Member States to promote
research  into  recycling  methods  and  allows  them  to  introduce  measures,  such  as
economic instruments, to encourage recycling.67

The recycling  of  batteries and accumulators  will  ensure  that  batteries  and  accumulators
are not sent for landfill or incineration after collection, and is thus necessary to close the
materials loop. Moreover, it will contribute to the saving of valuable natural resources in
conformity  with  Article  174  of  the  EC  Treaty.  Since  thousands  of  tonnes  of  different
metals are used in the production of batteries and accumulators, high recycling rates will
contribute substantially to saving of valuable natural resources.

Therefore,  this  Proposal  establishes  the  principle  that  all  batteries  and  accumulators
collected should be processed for recycling. However, in exceptional circumstances some
portable  batteries  and  accumulators  might  be  unsuitable  for  recycling,  for  example,  in
case they are damaged during the collection process. Therefore, the Proposal provides for
an exemption from the rule that all batteries collected should be processed for recycling,
up to a maximum of 10% of the collected batteries.

In addition, for environmental reasons it is important that the lead and cadmium content
of lead-acid and  nickel-cadmium  batteries  is  actually  recycled,  once  these  batteries  and
accumulators  enter  the  recycling  facility.  Since  approximately  70%  of  the  lead  and
cadmium production is used for the battery production, recycling of those batteries would
contribute  to  significant  resource  savings.  Therefore,  it  proposed  to  set  a  minimum
recycling efficiency level for the recycling of those batteries.

67

See Articles 6, fourth indent and Article 7, paragraph 1 of Directive 91/157/EC as amended.

18

                                                
From  an  environmental  perspective,  life-cycle  assessments  (LCAs)  indicate  that  the
optimum recycling rate for NiCd batteries and accumulators tends to be close to 100%.68
Studies  show  that  NiCd  battery  recycling  is  energy-efficient  even  in  cases  where  the
processing  facilities  are  some  distance  away.69  Excluding  the  use-phase  of  the  battery,
65% of the  primary  energy  used  is  in  the  battery  manufacture  while  32%  is  in  the  raw
material  production.  Recycled  cadmium  and  nickel  require  46%  and  75%  less  primary
energy  respectively,  compared  with  extracting  and  refining  virgin  metal.  Recycling  of
cadmium,  nickel,  iron  and  other  battery  materials  is  relatively  easy,  so  it  is  virtually
possible  to  recycling  all  (99.9%)  of  the  materials  in  a  NiCd  battery.  The  cadmium
recovered  should  be  used  in  the  production  of  new  batteries  and  accumulators  or  other
products.

Hence, for nickel-cadmium batteries, the minimum recycling efficiencies proposed are all
the cadmium and a minimum of 75% by average weight of nickel-cadmium batteries and
accumulators.70

Recycling schemes for lead-acid batteries and accumulators are already well established
and  part  of  current  industry  practices.  These  batteries  and  accumulators  contain  mainly
lead,  which  is  easily  recyclable.  LCA  studies  of  lead-acid  batteries  and  accumulators
indicate  that  if  more  quantities  of  recycled  lead  are  used  in  lead-acid  batteries  and
accumulators, the negative environmental impacts during their life-cycle will decrease.71
The minimum recycling efficiencies proposed for these batteries and accumulators is all
the lead and a minimum of 65% by average weight of the materials they contain.72

For other batteries and accumulators, the recycling efficiency proposed is an  average of
55% by weight.

6.

ECONOMIC CONSIDERATIONS

6.1.

Collection and recycling costs

Costs  of  collection  and  recycling  include  the  costs  of  sorting,  consolidation,  storage,
delivery to the recycling facility and recycling.

68

69

70

71

72

"Rechargeable  Battery  Management  and  Recycling:  A  Green  Design  Educational  Module",
Rebecca Lankey and Francis McMichael, 1999.
"Life Cycle Assessment of Recycling Portable Nickel-Cadmium Batteries", Carl Johan Rydh and
Magnus Karlström, 2002.
According  to  Bio  Intelligence,  this  is  the  percentage  of  recoverable  materials  in  NiCd  batteries.
(see “Impact Assessment on Selected Policy Options for Revision of the Battery Directive”, Bio
Intelligence 2003, p. 59). EBRA’s proposal is to  set  a  minimum  recycling  of  70%  by  weight  of
nickel-cadmium  batteries.  With  industry  practices,  it  is  estimated  that  up  to  80%  of  the  average
weight of industrial NiCd batteries is recycled.
“Environmental  assessment  of  vanadium  redox  and  lead-acid  batteries  for  stationary  energy
storage”, C.J. Rydh, Journal of Power Sources, 80 (1999), 21-29.
See EBRA’s position paper of 25 April 2003 submitted within the framework of the stakeholder
consultation.

19

                                                
The  cost  of  collecting  and  recycling  portable  batteries  and  accumulators  varies
significantly  from  one  Member  State  to  another,  depending  on  how  their  collection
schemes  are  organised.  It  is  difficult  to  compare  the  costs  of  the  various  schemes.
However,  it  is  clear  that  specific  collection  costs  (€/tonne)  are  lower  in  “all  batteries”
schemes  than  in  collection  schemes  dedicated  to  certain  types  of  portable  batteries  and
accumulators, and that the collection rates achieved are higher.

The  European  Portable  Battery  Association  (EPBA)  reports  that  the  collection  and
transportation  costs  in  each  of  the  Member  States  that  have  set  up  efficient  collection
schemes  for  all  portable  batteries  and  accumulators  are  relatively  stable  at  300-
550€/tonne. Recycling costs have decreased because of economies of scale as more and
more  batteries  and  accumulators  are  collected.  Moreover,  effective  competition  on  the
recycling market, and recycling of portable batteries and accumulators with less mercury
in non-dedicated  recycling  facilities has  helped to  cut  recycling costs. According to  the
EPBA,  the  average  recycling  costs  for  portable  batteries  and  accumulators  ranges  from
€400 to €900 a tonne.

According  to  recent  experience  in  some  Member  States,  collection  rates  have  been
increased  simply  by  optimising  the  management  of  collection  schemes,  i.e  better
localisation of collection points and better information to the public. This has been done
without a corresponding increase in the specific collection costs. Furthermore, there is no
direct relationship between costs and collection rate, as is shown by the fact that the two
national collection schemes with the highest collection rates (UFB in Austria and BEBAT
in Belgium) have the lowest and the highest collection cost per tonne.73

Two  comments  can  be  made  on  the  costs  of  establishing  collection  and  recycling
obligations  for  portable  batteries  and  accumulators  at  Community  level,  as  proposed  in
this  Directive.  Firstly,  it  is  reasonable  to  predict  that  costs  per  tonne  will  increase  if
mandatory  Community  collection  targets  have  to  be  met.  Secondly,  costs  of  existing
collection schemes can be expected to decrease over time as management and design of
the collection schemes improves along with consumer awareness.

The most cost-efficient collection rate for all portable batteries ranges between 160-200
grams per inhabitant per year. The total costs of collecting, sorting and recycling related
to this collection rate is estimated between €1.386 - €1.846 €/tonne.74 The total additional
costs of moving from collecting and recycling certain types of batteries and accumulators
(as  required  by  Directive  91/157/EEC)  to  collecting  and  recycling  all  batteries  and
accumulators can then be estimated at € 70-92 million per year.75

73

74

75

In  2002,  Austria  collected  44%  of  the  annual  sales  at  a  cost  of  €  1,115€/tonne  and  Belgium
collected 59% of the annual sales at a cost of € 3,765€/tonne.
See “Impact  Assessment on Selected Policy Options for Revision of the Battery  Directive”,  Bio
Intelligence 2003, page 133 in a ‘high’ cost scenario with a recycling input target of at least 90%.
Assuming  that  a  collection  rate  of  160-  200  grams  per  inhabitant  would  require  an  additional
collection of 50.000 tonnes of portable batteries.

20

                                                
It  should  be  noted  that  this  estimate  is  relatively  high.76  As  more  batteries  and
accumulators  are  collected  and  treated,  significant  economies  of  scale  are  expected  to
take  effect,  especially  for  dedicated  recycling  schemes,  and  there  is  the  potential  for
significant  cost  reductions.  Experience  with  existing  collection  programmes  has  also
shown that the schemes can be improved without substantial cost increases.

Moreover,  implementation  of  the  WEEE  Directive  should  boost  the  collection  of  the
portable  batteries  and  accumulators  in  electrical  and  electronic  equipment.  Industry
estimates  that  90%  of  portable  NiCd  batteries  and  accumulators  are  incorporated  into
electrical  and  electronic  equipment.  This  should  allow  Member  States  to  achieve
collection  rates  in  excess  of  those  currently  achieved  by  existing  national  collection
organisations with only a small increase in marginal costs per tonne of batteries collected,
since some of the costs will be allocated to the implementation of the WEEE collection
schemes.

Experience in Belgium, Germany and the  Netherlands  shows  that  increasing  the  selling
price of batteries and accumulators seems to have no effect on battery consumption. If all
the costs of the proposed collection and recycling rates for spent portable batteries were
passed on to consumers, the additional annual cost per household would be between one
and two Euros.

Revenue from the sale of recycled lead from spent automotive batteries and accumulators
amounted to  € 265-350€/tonne in the period 1995-1999.  Compared to the total  costs  of
collecting and recycling those batteries, which vary between €270 and € 350 per tonne,
net cost/revenues range from € –77 to €+ 93 per tonne.77

The  average  net  cost  of  collecting  and  recycling  industrial  NiCd  batteries  and
accumulators ranges from € 0 to € 300 per tonne.78 The costs depend mainly on the type
of  recycling  plant,  the  proportions  of  metals  recovered  and  the  market  prices  of  scrap
metal.  According  to  industry,  the  recycling  cost  of  these  batteries  and  accumulators  is
already  built  into  the  price  that  the  manufacturers  charge  the  final  customer.  Hence,
mandatory  recycling  targets  would  not  affect  the  producers’  competitiveness.  The
recycling  industry  reports  that  the  recycling  costs  of  NiCd  batteries  and  accumulators
could decrease in the future, in particular by increasing the nickel recycling rate by  10-
15%.

Given these circumstances, the additional costs incurred by industry in implementing the
collection  obligations  and  recycling  targets  for  industrial  and  automotive  batteries  and
accumulators in this Proposal are unlikely to be significant in terms of their overall cost
structure.

76

77

78

Compare with EPBA (July 2003) which estimates that a collection of 40.000 tonnes would result
in a potential cost of € 43 million per year.
See “Impact  Assessment on Selected Policy Options for Revision of the Battery  Directive”,  Bio
Intelligence 2003.
See “Impact  Assessment on Selected Policy Options for Revision of the Battery  Directive”,  Bio
Intelligence 2003. Bio Intelligence final report of July 2003.

21

                                                
The proposed ban on the final disposal  of spent  automotive and  industrial  batteries and
accumulators  is  not  expected  to  have  significant  economic  impacts  either.  As  the
recycling of lead-acid batteries and accumulators generally has net economic benefits, the
landfill/incineration ban would eliminate the disposal costs of landfilling spent lead-acid
batteries,  which  are  estimated  at  120€/tonne.  For  industrial  NiCd  batteries  and
accumulators, the landfill/incineration ban could have an additional cost/revenues in the
range between € –120 and €+180€ per tonne.79

6.2.

Collection and recycling benefits

In  terms  of  economic  benefits,  collecting  and  recycling  all  spent  batteries  and
accumulators on the Community market should:

– 

– 

– 

– 

Cut  the  costs  of  raw  materials  used  in  batteries  and  accumulators,  as  virgin
materials can be replaced by recycled materials;

Cut disposal costs, particularly landfill costs, because there will be less disposal
of  spent  batteries  and  accumulators  in  landfills  or  incinerators  and  more
recycling. Cost for final disposal is estimated at 120€/tonne. Assuming that the
proposed collection rate would lead to an additional collection of 50.000 tonnes
of portable batteries, the total avoided disposal costs would be €6 million.

Cut recycling costs because of higher collection rates, economies of scale etc.

Avoid  external  costs.  External  costs  are  the  costs  of  negative  environmental
impacts which are not included in the price of the product and are usually paid
for  by  society  in  the  form  of  cleanup  costs  or  environmental  deterioration  or
negative health effects. As it is difficult to quantify and put a monetary value on
any of these external costs avoided by the proposed  measures, a description of
the benefits is limited to the following:

– 

– 

Avoidance  of  external  costs  by  using  resources  in  spent  batteries  and
accumulators  which  would  otherwise  go  to  final  disposal.  The  metals
contained  in  batteries  and  accumulators  can  be  diverted  from  the  waste
stream and recycled. In addition, other substances in batteries; acids, salts,
plastics etc., will also be diverted from the waste stream.

Avoidance  of  potential  air  and  water  pollution  and  external  costs  caused
by the negative environmental impacts from incinerating/landfilling spent
batteries and accumulators. Those environmental impacts will depend on a
large number of factors such as the stringency of legal standards, whether
or  not  they  are  in  reality  respected,  the  environment  in  which  a  waste
treatment  plant  is  located,  and  so  on.  Certain  substances  in  batteries  and

79

Comparing the range of the net recycling costs of € 0- € 300 per tonne with a costs of € 120 per
tonne for landfilling, see also “Impact Assessment on Selected Policy Options for Revision of the
Battery Directive”, Bio Intelligence 2003. Bio Intelligence final report of July 2003.

22

                                                
accumulators  may  also  pollute  incinerator  ashes,  which  could  otherwise
have  been  used  as  construction  materials.  The  levels  and  effects  of
exposure  to  human  beings  and  the  environment  are  potentially  very
significant.

7.

SUBSIDIARITY AND PROPORTIONALITY

Environmental protection measures and measures with an impact on the internal market
fall within the competence of both the Community and the Member States. The principle
of  subsidiarity  requires  that  the  Community  takes  action  only80  if  and  insofar  as  the
objectives of the proposed action cannot be sufficiently achieved by the Member States
and  can  thus  be  better  achieved  by  the  Community,  because  of  the  scale  effects  of  the
proposed  action.  The  proportionality  principle  requires  Community  action  not  to  go
beyond what is necessary to achieve the objectives.81

The  present  Proposal  takes  account  of  the  principles  of  subsidiarity  and  proportionality
for the following reasons:

– 

– 

– 

– 

– 

80

81

The pollution caused by the management of spent batteries and accumulators is
of a transboundary nature. This is particularly true for pollution of air and water
from disposal of spent batteries and accumulators in landfills or incinerators.

Divergent  national  measures  as  regards,  e.g.,  marking  obligations,  can  have  a
negative impact on the functioning of the internal market by creating barriers to
trade  and  distortions  of  competition.  Product  requirements  should  be  set  at
Community level to ensure the proper functioning of the internal market and to
allow the free movement of spent batteries and  accumulators between Member
States.

The Proposal sets out legal requirements for a harmonised Community strategy
for  the  collection  and  recycling  of  spent  batteries  and  accumulators,  but  at  the
same  time  leaves  Member  States  free  to  choose  the  most  appropriate  national
measures  (for  example  voluntary  agreements)  to  reach  the  objectives  of  the
Proposal.

Member  States  need  to  take  account  of  national,  regional  and  local  conditions
when  setting  up  their  collection,  treatment  and  financing  systems  for  the
management of spent batteries and accumulators. The Proposal allows them the
flexibility to do this.

The  Proposal  focuses  exclusively  on  the  key  actions  required  to  achieve  its
recycling
objectives:  definitions,  marketing 

restrictions,  collection  and 

This  principle  only  applies  to  areas  which  do  not  fall  within  the  Communities’  exclusive
competence.
See Article 5 of the EC Treaty.

23

                                                
requirements,  marking  obligations,  data  collection,  reporting  obligations  and
consumer information. These should guarantee a closed loop system for all spent
batteries and  accumulators.  Although  consideration  has  been  given  to  phasing-
out  the  use  of  cadmium  in  batteries  and  accumulators,  the  results  of  the
Extended  Impact  Assessment  show  that  in  the  current  situation,  the  specific
measures proposed are a more appropriate solution. The chosen form of the legal
act  (a  new  Directive)  gives  Member  States  alternative  ways  of  achieving  the
objectives of the Proposal, whilst respecting the Treaty, in particular the rules on
the internal market and competition.

8.

TRADE ASPECTS

The proposed Directive will apply uniformly to all types of batteries and accumulators on
the  Community  market,  irrespective  of  where  they  were  manufactured.  The  measures
proposed are necessary to meet the objectives of the Directive.

In  addition,  all  measures  in  this  Proposal  have  been  designed  to  meet  international
obligations and to minimise potential impacts on trade. Full account has been taken of the
obligations  of  the  EU  under  the  WTO-Agreement  and  the  need  to  avoid  unnecessary
obstacles to trade.

Within the current framework of Community legislation and programmes, consideration
should be given, where necessary, to providing Acceding States, Candidate Countries and
Developing Countries with technical assistance to facilitate compliance with the proposed
Directive so they can (continue to) have access to the Community market.

9.

LEGAL BASIS

This Proposal aims both to protect the environment and to harmonise national legislation
on batteries and accumulators. Therefore, it is based both on Article 95 and Article 175 of
the  EC  Treaty.  These  two  Articles  of  the  Treaty  set  different  conditions  as  regards  the
right of Member States to maintain or introduce more stringent protective measures. As a
consequence, it is necessary to specify the legal basis for each part of the Proposal.

It  seems  appropriate  to  harmonise  the  laws  of  the  Member  States  as  regards  product
requirements (like a mercury ban and labelling requirements) on the basis of Article 95 of
the EC Treaty. This legal basis is appropriate since the disparities between the laws of the
Member  States  on  product  requirements  could  create  barriers  to  trade  and  distort
competition  in  the  Community  and  thus  have  a  direct  impact  on  the  establishment  and
functioning of the internal market.

On the other hand, it seems more appropriate that harmonisation measures to prevent or
reduce  the  generation  of  spent  batteries  and  accumulators  and  to  prevent  or  reduce  the
negative environmental impacts of the metals used in them, are based on Article 175 of
the  EC  Treaty.  These  measures,  which  aim  to  provide  a  high  level  of  environmental

24

protection, should not prevent Member States from adopting more stringent measures on
their national territory.

25

ANNEXES

ANNEX I: SUMMARY OF THE CONTENT OF THE PROPOSAL

Article 1 sets out the subject-matter of the proposed Directive.

Article  2  sets  out  the  scope  of  the  Directive.  It  covers  all  types  of  batteries  and
accumulators on the market, irrespective of their material content or use.

Article 3 lists definitions for the purposes of the Directive.

Article  4  reiterates  the  requirement  to  substitute  the  heavy  metal  mercury,  which  is
already established by Directive 98/101/EC.

Article  5  requires  Member  States  to  encourage  producers  to  increase  the  overall
environmental  performance  of  batteries  and  accumulators  throughout  their  entire  life-
cycle in accordance with the Commission’s Communication on Integrated Product Policy
(IPP).82

Article 6 obliges Member states to monitor the quantities of portable NiCd batteries and
accumulators  disposed  of  in  the  municipal  solid  waste  stream.  The  Commission  shall
establish  detailed  rules  for  this  monitoring  requirement  in  accordance  with  the
comitology procedure.

Article  7  stipulates  that,  in  line  with  internal  market  rules,  batteries  and  accumulators
meeting the requirements of the Directive can be placed on the market freely and obliges
Member  States  to  prohibit  or  withdraw  batteries  and  accumulators  not  meeting  the
requirements of this Directive.

Article  8  sets  out  provisions  on  the  collection  of  spent  batteries  and  accumulators
designed  to  avoid  the  final  disposal  thereof.  Member  States  are  required  to  set  up
schemes to ensure that all batteries and accumulators are collected for recycling and thus
to ensure a closed-loop system for all batteries.

Article 9 requires that Member States shall ensure that efficient collection schemes will
be set up for all batteries. The main challenge in creating efficient collection schemes is
to  motivate  consumers  to  return  their  spent  portable  batteries  and  accumulators  via
collection schemes. However, for  reasons of subsidiarity,  only  general  requirements  for
collection schemes are specified, in particular that consumers can return portable batteries
and accumulators free of charge. The Proposal requires producers to take back industrial
batteries  and  accumulators.  Spent  automotive  batteries  and  accumulators  can  also  be
collected  through  schemes  set  up  under  Directive  2000/53/EC  on  end-of  life  vehicles.
When  setting  up  those  schemes,  Member  States  are  to  ensure  that  the  negative
externalities resulting from transport distances are minimised.

82

COM(2003) 203final of 18.6.2003.

26

                                                
Article  10  gives  producers  the  possibility  to  set  up  either  individual  or  collective
collection schemes.

Article  11  prohibits  the  final  disposal  of  industrial  and  automotive  batteries  and
accumulators in landfills or by incineration.

Article  12  provides  a  framework  for  economic  instruments.  The  use  of  economic
instruments  remains  a  valid  option  for  Member  States  to  achieve  the  objectives  of  this
Proposal. For  instance,  in order to promote  the development  and  marketing  of  batteries
and  accumulators  with  less  hazardous  substances,  fiscal  instruments  might  be  used  to
offset the cost difference between two technically equivalent battery types. Additionally,
tax differentials can provide an incentive to influence consumer’s behaviour to promote
batteries and accumulators that contain less polluting substances. In both cases, Member
States have to comply with the EC Treaty rules. Of special importance are Articles 28, 87
and 90 of the EC Treaty. In this context, the Commission adopted a Communication on
Environmental  Taxes  and  Charges  in  the  Single  Market83  which  sets  out  guidelines  for
Member States on the use of economic instruments at national level.

Article  13  establishes  a  uniform  target  for  the  collection  of  all  spent  portable  batteries
and accumulators as a basis for efficient national collection schemes. It is proposed to set
this  target  at  a  minimum  of  160  grams  per  inhabitant.  Moreover,  because  of  their
hazardousness,  portable  NiCd  batteries  and  accumulators  give  rise 
to  specific
environmental  concerns,  unless  they  are  collected  efficiently.  Therefore  an  additional
collection target is set for them in order to guarantee that those batteries will be collected
instead of disposed of together with the normal household waste. This target is calculated
on the basis of 80% of the quantities of spent portable NiCd batteries collected through
collection schemes and disposed of in the municipal solid waste stream.

The proposed calculation method for this additional target builds upon the requirement in
Article  6  that  Member  States  should  monitor  the  quantities  of  spent  portable  NiCd
batteries  and  accumulators  disposed  of  in  the  municipal  solid  waste  stream.  This
monitoring  should  be  based  on  verifiable,  reliable  methods  representative  of  the  entire
national territory and approved by an independent expert body.

Article  14  gives  Member  States  the  possibility  to  request  an  exemption  from  the
collection targets of Article 13 due to specific circumstances. For instance, some Member
States have specific geographical circumstances such as a large number of small islands
or the presence of rural and mountain areas and a low population density. Those Member
States could request an extra delay to reach the targets with a maximum of three years.

New  Member  States  acceding  to  the  EU  by  virtue  of  the  Accession  Treaty  of  16  April
2003  have  a  lower  GDP  than  the  current  Member  States.  This  may  reflect  in  a  lower
battery  consumption which may make it  more  difficult  for  them  to  reach  the  collection

83

COM(97)009 final.

27

                                                
targets.84 In such case, those countries could also request an adaptation of the collection
targets of Article 13.

The envisaged national measures should be notified to the Commission, which will need
to approve them, in cooperation with the other Member States.

Article  15  sets  minimum  requirements  for  the  treatment  of  spent  batteries  and
accumulators in the Community. In line with Directive 2002/96/EC, this Article requires
Member  States  to  ensure  that  producers,  or  third  parties  acting  on  their  behalf,  set  up
treatment facilities which use the best available recycling techniques.

Article  16  clarifies  that  in  conformity  with  Council  Regulation  293/93/EEC,  Member
States may export collected batteries  and  accumulators  to  other  Member  States  or  third
countries  for  further  treatment.  Those  exports  will  count  for  achieving  the  recycling
obligations  of  this  Directive,  provided  that  the  exporter  declares  that  the  recycling
operation took place under conditions equivalent to the requirements of this Directive. To
this end, the Commission shall establish detailed rules in accordance with the comitology
procedure.

Article  17  requires  Member  States  to  promote  research  to  develop  new  recycling
technologies and the introduction of EMAS.

Article  18  sets  out  recycling  requirements.  In  principle  all  batteries  and  accumulators
collected  should  enter  a  recycling  facility,  unless  the  collected  batteries  are  damaged
during collection and it has become technically unfeasible to recycle them.

Article  19.  In  addition  to  the  recycling  targets  of  Article  18,  it  is  proposed  to  set
minimum  recycling  efficiencies.  Those  minimum  recycling  efficiencies  are  higher  for
nickel-cadmium  and  lead-acid  batteries  which  are  classified  as  hazardous  waste  under
Commission  Decision  2000/532/EC.  Moreover,  approximately  70%  of  the  total
production  of  lead  and  cadmium  in  used  in  batteries.  Therefore,  high  recycling
efficiencies  could  substantially  contribute  to  resource  savings.  For  nickel-cadmium
batteries  and  accumulators,  all  the  cadmium  and  a  minimum  of  75%  of  the  average
weight are to be recycled. For lead-acid batteries, all the lead and a minimum of 65% by
average  weight  are  to  be  recycled.  For  other  batteries  and  accumulators,  a  minimum
recycling efficiency of 55% by average weight is proposed.

The proposed minimum recycling efficiencies are to be evaluated regularly and adapted
to technical progress under the comitology procedure.

Article 20 requires Member States to ensure that producers are responsible for financing
the  management  of  spent  batteries  and  accumulators.  For  portable  batteries  and
accumulators,  producers  are  responsible  from  at  least  the  collection  point  onwards.
Producers may set up individual or collective schemes.

84

Another indicator of this could be the Power Purchasing Parities (PPP).

28

                                                
Article 21 stipulates that for  industrial and automotive batteries, Member  States should
allow producers and users to conclude financial agreements.

Article  22.  In  line  with  Directive  2002/96/EC,  producers  are  required  to  provide  a
guarantee for the financing of the waste management of batteries and accumulators when
placing those products on the Community market. Moreover, Member States should draw
up a register of producers placing their products on the national market. These measures
should prevent free riders.

Article  23  provides  that  for  historic  waste,  final  industrial  users  could  also  be  made
financially  responsible.  Furthermore;  in  line  with  Directive  2002/96/EC,  this  Article
obliges Member States to allow producers to use visible fees for a transitional period of
four years after the transposition of this Directive.

Article  24  requires  Member  States  to  ensure  that  the  collection  and  recycling  schemes
are  non-discriminatory  and  do  not  create  any  barriers  to  trade  or  distortions  of
competition.

Article 25 lists the elements that must be part of consumer information.

Article  26  stipulates  that  Member  States  may  require  some  or  all  of  the  consumer
information to be provided by economic operators.

Article 27 requires producers to mark their products with the symbol shown in Annex II,
and  batteries  and  accumulators  containing  mercury,  lead  or  cadmium  must  be  marked
with a “chemicals” symbol.

Article 28 contains reporting obligations for the Member States. They have to report on
implementation  of  the  Directive  every  three  years,  using  a  questionnaire  established  in
accordance with the procedure laid down in Article 18 of Directive 75/442/EEC.

Article  29  contains  a  review  clause.  The  Commission  shall  evaluate  the  results  of  the
monitoring of the municipal solid waste stream on the amount of spent portable nickel-
cadmium  batteries  as  referred  to  in  Article  6  and  may  propose  additional  risk
management  measures  if  appropriate.  Moreover,  the  Commission  shall  evaluate  the
minimum  collection  target  for  all  spent  portable  batteries  and  the  additional  target  for
spent portable NiCd batteries and accumulators as well as the minimum recycling targets
and efficiencies of Articles  18  and 19. The Commission  shall publish a  report  on  those
evaluations  in  the  Official  Journal,  together  with  a  report  on  the  implementation  this
Directive.

Article  31  requires  Member  States  to  establish  rules  on  penalties  applicable  to
infringements of national measures implementing this Directive. These penalties must be
effective, proportionate and dissuasive.

Article  33  encourages  Member  States  to  transpose  certain  provisions  of  this  Directive
through environmental agreements with economic operators.

29

Annex II gives  the symbol which shows  that  batteries,  accumulators  and  battery  packs
are for separate collection, together with technical specifications for marking.

30

ANNEX II: SUMMARY OF THE EXTENDED IMPACT ASSESSMENT

The  main  issues  identified  by  the  ExIA  have  already  been  covered  in  the  Explanatory
Memorandum.  This  summary  focuses  on  the  final  policy  option  chosen,  the  level  of
ambition, the expected impact over time and the stakeholder consultation.

What is the final policy choice and why?

The  final  policy  instrument  chosen  is  a  new  Directive.  A  Directive  is  the  most
appropriate  policy  instrument  given  both  the  objective  and  the  content  of  the  present
Proposal.  A  new  Directive  revising  and  repealing  the  current  Battery  Directives  will
establish a framework for the collection and recycling of spent batteries and accumulators
and  guarantee  the  proper  functioning  of  the  internal  market  in  these  products.85  This
policy  instrument  also  leaves  it  up  to  Member  States  to  choose  the  most  appropriate
implementation measures at the lowest compliance cost. In any case, for the collection of
spent  batteries  and  accumulators,  Member  States  can  use  existing  collection
infrastructure or infrastructure (to be) set up under other pieces of Community legislation,
such as Directive 2000/53/EC on end-of-life vehicles and Directive 2002/96/EC on waste
electrical and electronic equipment.

Member  States  are  also  encouraged  to  use  environmental  agreements  to  implement
certain  obligations  of  the  Directive.  This  approach  is  consistent  with  other  pieces  of
Community waste legislation, such as Article 10 of Directive 2000/53/EC on end-of life
vehicles  and  Article  17  of  Directive  2002/96/EC  on  waste  electrical  and  electronic
equipment.

Why was a more or less ambitious option not chosen?

Less ambitious options – ‘no policy change’ or ‘environmental agreement at Community
level’, instead of a new legislative instrument - were not chosen because they were not an
enforceable  or  reliable  means  of  addressing  the  environmental  considerations  regarding
the waste management of batteries and accumulators.

More ambitious options, like more stringent collection and recycling requirements, were
not chosen mainly because of the cost implications.

A  ban  on  the  use  of  cadmium  in  portable  batteries  and  accumulators  was  not  chosen,
since the proposed measures are expected to provide an equivalent level of environmental
protection at lower costs. Such a ban would not cover existing and hoarded portable NiCd
batteries and accumulators. For household appliances, the trend now seems to be towards
substitution of NiCd batteries by other types (e.g. NiMH and Li-Ion).

85

In this context, the principles laid down in the Communication from the Commission on the Single
Market and the Environment, COM (1999)263, have been taken into account.

31

                                                
What are the impacts over time?

This Proposal is expected to have positive impacts on the environment (less heavy metals
from batteries and accumulators in the leachate from landfills and in the air emissions and
residues (bottom  ash  and  fly  ash)  from  incineration),  on  resource  savings  of  the  metals
used  in  batteries  and  on  the  functioning  of  the  internal  market.  The  collection  and
recycling  requirements  for  spent  batteries  and  accumulators  could  create  investment  in
recycling  facilities  in  the  existing  Member  States,  Acceding  States  and  in  Candidate
Countries. Recycling requires a mix of jobs at local level: low-skilled staff for collection
and high-skilled staff for processing.

Moreover, exporting batteries and accumulators for recycling may make the market more
competitive than depending solely on national recycling facilities. The Proposal will thus
contribute to the functioning of the internal market and to competition among recyclers.

Which  interested  parties  were  consulted,  when  in  the  process,  and  for  what
purpose?

A  public  on-line  stakeholder  consultation  was  launched  on  25  February  2003,  with  the
publication of a Consultation Document on the website. The stakeholder consultation ran
until 28 April 2003.  The  purpose  of  this  on-line  stakeholder  consultation  was  to  obtain
input  from  all  interested  parties  on  a  wide  range  of  policy  options  listed  in  the
Consultation Document. This stakeholder consultation took place at an early stage in the
process.  The  results  from  the  consultation  were  therefore  a  useful  contribution  to
selection of the final policy options.

A stakeholder meeting to provide feedback on the on-line stakeholder consultation took
place 
at:
http://europa.eu.int/comm/environment/waste/batteries.htm.

information 

Further 

found 

2003. 

July 

can 

15 

on 

be 

What were the results of the consultation?

The Commission received contributions from 149 stakeholders (including national, local
and  regional  authorities,  industry,  battery  associations,  trade  associations,  NGOs  and
consumer and retail organisations). A considerable number of international stakeholders
also  contributed.  This  stakeholder  participation  shows  the  importance  of  the  debate
launched by the Commission. A list of the participating stakeholders and their positions
can be found at: http://europa.eu.int/comm/environment/waste/batteries/consultation.htm.

32

2003/0282 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

ON BATTERIES AND ACCUMULATORS AND SPENT BATTERIES AND
ACCUMULATORS

(Text with EEA relevance)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE  EUROPEAN
UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Articles 95 (1) and 175 (1) thereof,

Having regard to the proposal from the Commission,86

Having regard to the opinion of the European Economic and Social Committee,87

Having regard to the opinion of the Committee of Regions,88

Acting in accordance with the procedure laid down in Article 251 of the Treaty,89

Whereas:

(1)

(2)

86

87

88

89

90

The different national measures concerning batteries and spent batteries should be
harmonised  in  view  of  the  double  objective  to  minimise  the  impact  of  batteries
and  spent  batteries  on  the  environment,  thus  contributing  to  the  protection,
preservation and improvement of the quality of the environment and to ensure the
smooth functioning of the internal market and avoid distortions of competition in
the Community.

The Commission’s Communication on the Review of the Community Strategy for
Waste  Management  of  30  July  199690  established  guidelines  for  future
Community  waste  policy.  That  Communication  stresses  the  need  to  reduce  the
quantities of hazardous substances in waste and points out the potential benefits of

OJ C......
OJ C......
OJ C......
Opinion of the European Parliament of .. .. ... (OJ C .......), common position of the Council of .. . ..
(OJ C .....) and Decision of the European Parliament of .. .. .... (OJ C ......). .....
COM(96)399 final, 30.7.1996.

33

                                                
(3)

(4)

(5)

(6)

(7)

91

92

93

Community-wide rules limiting the presence of such substances in products and in
production processes. It further states that, where the generation of waste  cannot
be avoided, that waste should be reused or recovered for its material or energy.

Council  Directive  91/157/EEC  of  18  March  1991  on  batteries  and  accumulators
containing  certain dangerous substances,91 have brought about an  approximation
of the  laws of the Member  States in this field.  However,  the  objectives  of  these
Directives  have  not  been  fully  attained  and  the  need  to  revise  it  was  also
underlined  by  the  Sixth  Community  Environment  Action  Programme,92  and  in
Directive  2002/96  on  waste  electrical  and  electronic  equipment.93  Directive
91/157/EEC should therefore be revised and replaced in the interests of clarity.

The  objective  of  the  provisions  on  minimum  requirements  for  the  collection,
treatment  and  recycling  of  spent  batteries  and  accumulators  and  consumer
information (Chapters IV – VII) is the protection of the environment and the legal
basis for those provisions is therefore Article 175(1) of the Treaty. The objective
of  the  provisions  related  to  product  requirements,  placing  on  the  marking  and
labelling in Chapters II, III, VIII and Annex II is to ensure the proper functioning
of the internal market and the legal basis for those provisions is therefore Article
95(1) of the Treaty.

In order to prevent batteries and accumulators from ending up in the environment,
and  to  avoid  consumer  confusion  about  the  different  waste  management
requirements for different batteries, this Directive should apply to all batteries and
accumulators  placed on the market in the  Community.  Provide  for  such  a  scope
should  also  ensure  economies  of  scale  in  collection  and  recycling,  as  well  as
optimal resource saving.

Reliable  batteries  and  accumulators  are  fundamental  for  the  safety  of  many
products,  appliances  and  services  and  are  an  essential  energy  source  in  our
society.

In order to achieve a high level of protection of human and animal health and of
the  environment,  the  marketing  of  certain  batteries  and  accumulators  should  be
prohibited because of the quantity of heavy metals they contain. The quantities of
spent nickel-cadmium batteries and accumulators disposed of in the waste stream
should be monitored. The Commission should evaluate the need for an adaptation
of the Directive, taking account of the results of the monitoring and of available
technical and scientific evidence.

OJ  L  78,  26.3.1991,  p.  38.  Directive  amended  by  Commission  Directive  98/101/EC  (OJ  L  1,
5.1.1999,  p.  1)  and  adapted  to  technical  progress  by  Commission  Directive  93/86/EEC  of  4
October  1993  adapting  to  technical  progress  Council  Directive  91/157/EEC  (OJ  L  264,
23.10.1993,51).
OJ L 242, 10.9.2002, p. 1.
OJ L 37/24, 13.02.2003, recital 11.

34

                                                
(8)

(9)

(10)

In  order  to  protect  the  environment,  spent  batteries  and  accumulators  should  be
collected.  This  means  setting  up  collection  schemes  so  that  all  spent  portable
batteries and accumulators can be conveniently returned by the end-users free of
charge.

Member  States  should  be  required  to  achieve  a  high  collection  rate  for  spent
batteries  and  accumulators  to  ensure  that  they  contribute  to  the  environmental
objectives  of  the  Community.  To  achieve  a  high  level  of  material  recovery
throughout  the  Community  and  prevent  disparities  between  Member  States,  all
Member  States  should  be  required  to  send  the  spent  batteries  and  accumulators
collected to recycling facilities.

In the light of the specific environmental and health concerns regarding cadmium,
mercury and lead  and the particular characteristics of batteries and  accumulators
containing  cadmium,  mercury  and  lead  additional  measures  should  be  adopted.
The use of mercury in batteries should be restricted. Final disposal of automotive
and  industrial  batteries  should  be  prohibited.  An  additional  collection  target
should be set for portable nickel-cadmium batteries. Moreover, specific recycling
requirements  should  be  established  for  cadmium  and  lead  batteries  in  order  to
attain a high level of materials recovery throughout the Community and to prevent
disparities between the Member States.

(11) All  interested  parties  should  be  able  to  participate  in  collection  and  recycling
schemes.  Those  schemes  should  be  designed  to  avoid  discrimination  against
imported  products,  barriers  to  trade  or  distortions  of  competition  and  should
guarantee the maximum possible returns of spent batteries and accumulators. For
a transitional period, producers should be allowed, on a voluntary basis at the time
of  sale  of  new  products,  to  show  purchasers  the  costs  of  managing  waste  in  the
past.  Producers  making  use  of  that  provision  should  ensure  that  the  costs
mentioned do not exceed the actual costs incurred.

(12) Collection and recycling schemes should be optimised, in particular  with a view

to minimising the negative external costs of transport.

(13) Basic principles for financing the management of spent batteries and accumulators
should be set at Community level. Financing schemes should help to achieve high
collection  and  recycling  rates  and  to  implement  the  producer  responsibility
principle.

(14) Holders of spent portable batteries or accumulators should be able to return them
free  of  charge.  Producers  should  therefore  finance  the  collection,  treatment  and
recycling  of  those  deposited  at  their  collection  facility.  Producers  should  also
finance  the  collection,  treatment  and  recycling  of  other  spent  batteries  and
accumulators.

(15) Consumer  information  on  separate  collection,  the  collection  schemes  available
and the consumer’s role in the management of spent batteries and accumulators is

35

necessary for successful  collection. Detailed  arrangements should  be  made  for  a
marking  system,  which  should  provide  the  consumer  with  transparent,  reliable
and  clear  information  on  the  collection  of  batteries  and  accumulators  and  the
heavy metals they contain.

(16)

If, in order to achieve the objectives of this Directive, and, in particular, to achieve
high  separate  collection  and  recycling  rates,  Member  States  use  economic
instruments,  such  differentiated  tax  rates,  they  should  inform  the  Commission
accordingly.

(17) Reliable  and  comparable  data  on  the  quantities  of  batteries  and  accumulators
marketed, collected and recycled are necessary for the monitoring of whether the
objective of this Directive have been achieved.

(18) Member  States  should 

the  penalties  applicable  for
infringements  of  the  provisions  of  this  Directive  and  ensure  that  they  are
implemented. Those penalties must be effective, proportionate and dissuasive.

lay  down  rules  on 

(19)

(20)

(21)

The  measures  necessary  for  the  implementation  of  this  Directive  should  be
adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999
laying down the procedures for the exercise of implementing powers conferred on
the Commission.94

Since the objectives of this Directive of protecting the environment and ensuring
the  proper  functioning  of  the  internal  market  cannot  be  sufficiently  achieved  by
the  Member  States  and  can  therefore,  by  reasons  of  the  scale  or  effects  of  the
action,  be  better  achieved  at  Community  level,  the  Community  may  adopt
measures, in accordance with the principle of subsidiarity as set out in Article 5 of
the Treaty. In accordance with  the principle of proportionality,  as  set out in that
Article, this Directive  does  not  go  beyond what is  necessary  in  order  to  achieve
those objectives.

This  Directive  applies  without  prejudice  to  Community  legislation  on  safety,
quality  and  health  requirements  and  specific  Community  waste  management
legislation,  in  particular  Directive  2000/53/EC  of  the  European  Parliament  and
Council of 18 September 2000 on end-of life vehicles95 and Directive 2002/96/EC
of  the  European  Parliament  and  the  Council  of  27  January  2003  on  waste
electrical and electronic equipment.96

(22) As  regards  producer  responsibility,  battery  producers  become  responsible  for
further  treatment  after  the  removal  of  the  battery  from  any  separately  collected
end-of life vehicle or waste electrical and electronic equipment.

94

95

96

OJ L 184, 17.7.1999, p. 23.
OJ L 269, 21.10.2000, p. 34.
OJ L 37/24 of 13.2.2003.

36

                                                
(23) Directive 2002/95/EC on the restriction of hazardous substances in electrical and
electronic  equipment  (RoHS  Directive)  does  not  apply  to  batteries  used  in
electrical and electronic equipment.

(24) Automotive and industrial batteries used in vehicles should meet the requirements
of  Directive  2000/53/EC,  in  particular  Article  4  thereof.  As  regards  the  use  of
cadmium  in  industrial  batteries  for  electrical  vehicles,  Annex  II  to  Directive
2000/53/EC grants an exemption until 31 December 2005.

HAVE ADOPTED THIS DIRECTIVE:

Chapter I
Subject-matter, scope and definitions

Article 1

Subject-matter

This Directive establishes rules regarding the marketing of batteries and accumulators as
well as the collection, treatment and recycling of spent batteries and accumulators.

Article 2

Scope

1.

2.

This Directive shall apply to all types of batteries and  accumulators, regardless
of their shape, volume, weight, material composition or use.

This Directive shall not apply  to batteries  and accumulators used  in  equipment
connected with protection of essential interests of the security of Member States,
including  military  material,  or  in  arms  and  munitions  intended  for  specifically
military purposes.

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

(1)

“battery” means any source of electrical energy  generated by direct conversion
of  chemical  energy  and  consisting  of  one  or  more  primary  battery  cells  (non-
rechargeable);

37

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

“accumulator”  means  any  source  of  electrical  energy  generated  by  direct
conversion of chemical energy and consisting of one or more secondary battery
cells (rechargeable);

“battery  pack”  means  any  set  of  batteries  or  accumulators  encapsulated  in  an
outer casing into one complete unit, not intended to be opened by the consumer;

“portable  battery  or  accumulator”  means  a  battery  or  accumulator  used  in
household applications, cordless power tools, emergency lighting  and electrical
and  electronic  equipment  or  other  applications  by  either  consumers  or
professional users;

“button cell or accumulator” means a small round battery or accumulator whose
diameter is greater than its height and which is used for special purposes such as
hearing aids, watches and small portable equipment;

“industrial  battery  or  accumulator”  means  a  battery  or  accumulator  used  for
industrial  purposes,  for  instance  as  standby  or  motive  power  and  a  battery  or
accumulator used for electrical vehicles;

"automotive  battery  or  accumulator"  means  a  battery  or  accumulator  used  for
automotive starter, lighting or ignition power for vehicles;

“spent  battery  or  accumulator”  means  a  battery  or  accumulator  which  is  waste
within the meaning of Article 1 (a) of Directive 75/442/EEC;

“recycling”  means  the  reprocessing  in  a  production  process  of  the  waste
materials  for  the  original  purpose  or  for  other  purposes,  but  excluding  energy
recovery;

“disposal” means any of the applicable operations provided for in Annex IIA to
Directive 75/442/EEC;

“treatment” means any treatment of spent batteries and accumulators after they
have  been  handed  over  to  a  facility  for  sorting,  recycling,  preparation  for
disposal,  and  any  other  operation  carried  out  for  the  recycling  or  disposal  of
spent batteries and accumulators;

“appliance” means any electrical or electronic equipment as defined by Directive
2002/96/EC of the  European  Parliament  and  of the  Council97  which  is  fully  or
partly powered by batteries or accumulators or is capable of being so;

“producer”  means  any  person  who,  irrespective  of  the  selling  technique  used,
including by means of distance  communication according to Directive 97/7/EC
on the protection of consumers in respect of distance contracts:98

97

OJ L 37 13.2.2003, p.24.

38

                                                
(a) manufactures and sells batteries or accumulators under his own brand;

(b)

resells batteries or accumulators under his own brand or incorporated into
appliances;

or

(c)

imports or exports batteries, accumulators or appliances on a professional
basis into a Member State.

(14)

“closed-loop system” means a system in which a spent battery or accumulator is
taken-back  by  a  producer,  or  a  third  parties  acting  on  his  behalf,  in  order  to
recycle  its  secondary  materials,  which  will  be  re-used  in  the  manufacturing  of
new products.

Chapter II
Product requirements

Article 4

Prevention

1.

2.

Member  States  shall  prohibit  the  marketing  of  all  batteries  or  accumulators,
whether or not incorporated into appliances, which contain more than 0.0005%
of mercury by weight.

Button cells, and batteries made up of button cells with a mercury content of no
more  than  2%  by  weight  shall  be  exempt  from  the  prohibition  referred  to  in
paragraph 1.

Article 5

Increased environmental performance

Member  States  shall  promote  research  into  the  possibility  of  increasing  the  overall
environmental  performance  of  batteries  and  accumulators  throughout  their  entire  life-
cycle, and the marketing of batteries and  accumulators which contain smaller quantities
of  dangerous  substances  or  which  contain  less  polluting  substances,  in  particular  as
substitutes for mercury, cadmium and lead.

98

OJ L 144, 4.6.1997, p. 19.

39

                                                                                                                                                
Article 6

Monitoring of the waste stream

Member  States  shall  ensure  the  monitoring  of  the  quantities  of  spent  portable
nickel-cadmium  batteries  and  accumulators  disposed  of  in  the  municipal  solid
waste stream. A report on the results of the monitoring shall be drawn up on the
basis of Table 1 in Annex I.

Without prejudice to Regulation (EC) 2150/2002 on waste statistics99, Member
States  shall  establish  the  report  every  year,  starting  one  year  after  the  date
referred  to  in  Article  32(1)  of  this  Directive  and  covering  the  whole  of  each
calendar year. It shall be transmitted to the Commission no later than six months
after the end of the year concerned.

The  Commission  shall  establish  detailed  rules  for  the  monitoring  of  the
municipal  solid  waste  stream  as  referred  to  in  the  previous  paragraph,  in
accordance with the procedure referred to in Article 30.

Chapter III
Placing on the Market

Article 7

Placing on the market

Member States shall not impede, prohibit or restrict the placing on the market in
their  territory  of  batteries  or  accumulators  that  meet  the  requirements  of  this
Directive.

Member  States  shall  take  the  necessary  measures  to  ensure  that  batteries  or
accumulators  which  do  not  meet  the  requirements  of  this  Directive  are  not
placed on the market or are withdrawn from it.

1.

2.

3.

1.

2.

99

OJ L, 322 of 9.11.2002.

40

                                                
Chapter IV
Collection

Article 8

Promotion of a closed loop system

Member  States  shall  take  the  necessary  measures  to  prevent  the  final  disposal  of  spent
batteries  and  accumulators  and  to  aim  at  achieving  a  closed  loop  system  for  all  spent
batteries and accumulators.

Article 9

Collection schemes

1.

Member States shall ensure that:

(a)

(b)

(c)

schemes are set up under which spent portable batteries and accumulators
can  be  returned  free  of  charge  and  collection  facilities  are  available  and
accessible, having regard to population density;

producers  of  industrial  batteries  and  accumulators,  or  third  parties  acting
on  their  behalf,  take  back  from  end-users  spent  industrial  batteries  and
accumulators, regardless of chemical composition and origin;

producers of automotive batteries and accumulators, or third parties acting
on  their  behalf,  set  up  schemes  for  the  collection  of  spent  automotive
batteries and accumulators, unless they are collected through the schemes
referred to in Article 5(1) of Directive 2000/53/EC.

2.

Member  States  shall  ensure  that,  when  setting  up  the  collection  schemes,  the
negative external impacts of transport are taken into account.

Article 10

Individual or collective schemes

Without prejudice to Article 9, Member States shall allow producers to set up individual
or collective take-back schemes for spent batteries and accumulators, provided that those
schemes are in conformity with this Directive.

41

Article 11

Prohibition of final disposal

Member States shall prohibit the final disposal of industrial and automotive batteries and
accumulators in landfills or by incineration.

Article 12

Economic instruments

If Member States  use economic instruments in order to  promote the collection  of  spent
batteries  and  accumulators  or  to  promote  the  use  of  batteries  containing  less  polluting
substances, for instance by adopting differential tax rates, they shall notify the measures
related to the implementation of those instruments to the Commission.

Article 13

Collection targets

1.

2.

1.

No later than four years after the date referred to in Article 32(1), Member States
shall  achieve  a  minimum  average  collection  rate  equivalent  to  160  grams  per
inhabitant  per  year  for  all  spent  portable  batteries  and  accumulators  including
portable nickel-cadmium batteries.

By  the  same  date,  Member  States  shall  achieve  a  specific  minimum  collection
rate  equivalent  to  80%  of  total  quantity  of  spent  portable  nickel-cadmium
batteries  and  accumulators  per  year.  The  total  quantity  shall  comprise  portable
nickel-cadmium  batteries  and  accumulators  collected  annually 
through
collection schemes as well as those disposed of annually in the municipal solid
waste stream.

A report on the results of the monitoring shall be drawn up on the basis of Table
2  in  Annex  I.  Without  prejudice  to  Regulation  (EC)  2150/2002  on  waste
statistics, Member States shall establish the report every year, starting one  year
after  the  date  referred  to  in  Article  32(1)  and  covering  the  whole  of  each
calendar year. It shall be transmitted to the Commission no later than six months
after the end of the year concerned.

Article 14

Specific extensions and adaptations

Member  States  may  apply  for  an  extension  of  the  deadline  to  reach  the
collection targets referred to in Article 13 up  to a maximum of 36  months, for
reasons  related  to  the  specific  situation  of  geographical  circumstances  such  as

42

2.

3.

4.

the  large  number  of  small  islands  or  the  presence  of  rural  and  mountain  areas
and low population density.

Member  States  having  acceded  to  the  European  Union  by  virtue  of  Accession
Treaties concluded after 1 January 2003, may also apply for an adaptation of the
collection targets referred to in Article 13, because of the specific situation of a
particular low level of battery consumption.

If a  Member  State  deems  it  necessary to  introduce national measures based  on
the previous paragraphs, it shall notify the Commission of the envisaged national
measures and the grounds for introducing them.

The  Commission  shall,  within  six  months  of  the  notifications  as  referred  to  in
paragraph  3,  approve  or  reject  the  envisaged  national  measures  after  having
verified that they are consistent with the conditions set out in paragraph 1 and 2
and  do  not  constitute  an  arbitrary  means  of  discrimination  or  a  disguised
restriction on trade between Member States.

In  absence  of  a  decision  by  the  Commission  within  this  period,  the  envisaged
national measures shall be deemed to have been approved.

5.

The Commission shall inform other Member States of these decisions.

Chapter V
Treatment and Recycling

Article 15

Treatment operations

1.

2.

3.

Member States shall ensure that producers, or third parties acting on their behalf,
set  up schemes,  using the best  available treatment and recycling techniques,  to
provide  for  the  treatment  of  spent  batteries  and  accumulators  collected  in
accordance with Article 9.

Member  States  shall  ensure  that,  when  setting  up  the  treatment  schemes,  the
negative external impacts of transport are taken into account.

The treatment shall, as a minimum, include removal of all fluids and acids, and
storage,  even  temporarily,  in  sites  with  impermeable  surfaces  and  suitable
weatherproof covering or in suitable containers.

Producers may set up such schemes on an individual or collective basis.

43

Article 16

Exports

1.

2.

1.

2.

Treatment  may  also  be  undertaken  outside  the  Member  State  concerned  or  the
Community provided that the shipment of spent batteries and accumulators is in
compliance with Council Regulation (EEC) No 293/93.100

Spent batteries and accumulators exported out of the Community in accordance
with  Council  Regulation  (EEC)  No  259/93,  Council  Regulation  (EC)  No
1420/1999101 and Commission Regulation (EC) No 1547/1999/EC102 shall count
towards the fulfilment of the obligations and targets in Articles 18 and 19 of this
Directive,  only  if  the  exporter  declares  that  the  recycling  operation  took  place
under conditions equivalent to the requirements of this Directive.

The  Commission  shall  establish  detailed  rules  for  the  implementation  of  the
previous paragraph, in accordance with the procedure laid down in Article 30.

Article 17

New recycling technologies

Member  States  shall  promote  the  development  of  new  recycling  and  treatment
technologies,  and  research  into  environmentally  friendly  and  cost-effective
recycling methods for all types of batteries and accumulators.

Member  States  shall  encourage  treatment  facilities  to  introduce  certified
environmental  management  schemes  in  accordance  with  Regulation  (EC)
761/2001103  allowing  voluntary  participation  by  organisations  in  a  Community
eco-management and audit scheme (EMAS).

Article 18

Recycling targets

Member  States  shall  ensure  that,  one  year  after  the  date  referred  to  in  Article  32(1),
producers,  or  third  parties  acting  on  their  behalf,  achieve  the  following  minimum
recycling targets:

100

101

102

103

OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation 2557/2001/EC, OJ
L 349, 31.12.2001, p. 1.
OJ L 166, 1.7.1999, p. 6. Regulation as last amended by Commission Regulation 2243/2001/EC,
OJ L 303, 20.11.2001, p. 11.
OJ L 185, 17.7.1999, p. 1. Regulation as last amended by Commission Regulation 2243/2001/EC.
OJ L 114, 24.04.2001, p.1.

44

                                                
(a)

all  portable  batteries  and  accumulators  collected  in  accordance  with
Article 9 enter a recycling process.

(b) Member  States  may  allow  to  exempt  up  to  a  maximum  of  10%  of  the
collected portable batteries and accumulators from the obligation referred
to in point (a) for technical reasons;

(c)

all  industrial  and  automotive  batteries  and  accumulators  collected  in
accordance with Article 9 enter a recycling process.

Article 19

Recycling efficiencies

1.

2.

Member States shall ensure that, no later than three years after the date referred
to in Article 32(1), producers, or third parties acting on their behalf, achieve the
following minimum recycling efficiencies:

(a)

(b)

(c)

recycling of all the lead and a minimum of 65% by average weight of the
materials contained in lead-acid batteries and accumulators;

recycling of all the cadmium and a minimum of 75% by average weight of
the materials contained in nickel-cadmium batteries and accumulators.

recycling  of  55%  by  average  weight  of  the  materials  contained  in  other
spent batteries and accumulators.

Member  States  shall  report  annually  on  the  recycling  targets  referred  to  in
Article  18  as  well  as  the  recycling  efficiencies,  referred  to  in  the  previous
paragraph,  actually  achieved  in  each  calendar  year,  starting  from  the  dates
referred to in the previous paragraph.

That information shall be submitted to the Commission no later than six months
after the end of the year concerned.

Chapter VI
Common provisions on collection, treatment and recycling

Article 20

Schemes for portable batteries and accumulators

1.

Member States shall ensure that producers, or third parties acting on their behalf,
arrange the financing for at least the treatment, recycling and sound disposal of

45

2.

1.

2.

all spent portable batteries and accumulators deposited at collection facilities set
up under Article 9(1)(a).

Member States shall ensure that producers comply with the previous paragraph
by means of individual or collective schemes.

Article 21

Schemes for industrial and automotive batteries and accumulators

Member States shall ensure that producers, or third parties acting on their behalf,
arrange financing  for the collection, treatment  and  recycling of spent  industrial
and automotive batteries and accumulators collected in accordance with Article
9(1)(b) and (c).

Member  States  shall  allow  producers  and  users  of  industrial  and  automotive
batteries and accumulators to conclude agreements under which other financing
methods than the ones referred to in paragraph 1 can be used.

Article 22

Registration and Guarantee

Member States shall take the necessary measures to ensure that, when placing a product
on the market, each producer is registered and provides a guarantee, that the management
of  spent  batteries  and  accumulators  will  be  financed.  The  producer  may  provide  a
guarantee  in  the  form  of  its  participation  in  appropriate  schemes  for  financing  the
management  of  spent  batteries  and  accumulators,  or  of  a  recycling  insurance,  or  of  a
blocked bank account.

Article 23

Historic waste

1.

2.

Responsibility  for  meeting  the  costs  of  managing  the  spent  batteries  and
accumulators put on the market before entry into force of this Directive, historic
waste, shall lie with producers.

For industrial batteries and accumulators put on the market before the entry into
force of the Directive and being replaced by equivalent products or by products
fulfilling  the  same  function,  the  financing  of  the  management  should  be
provided by the producers when supplying those new products. Member States
may,  as  an  alternative,  provide  that  the  final  user  also  be  partially  or  totally,
responsible for this financing.

46

3.

4.

For other industrial historical waste batteries, the financing of the costs shall be
provided for by the industrial users.

With regard to historic waste, Member States shall ensure that for a transitional
period  of  four  years  after  the  date  referred  to  in  Article  32(1)  producers  are
allowed,  at  the  time  of  sale  of  new  products,  to  show  purchasers  the  costs  of
collection, treatment and recycling of all spent batteries and accumulators. The
costs mentioned shall not exceed the actual costs incurred.

Article 24

Participation

Member States shall ensure that all economic operators in the sectors concerned and all
the competent public authorities may participate in the collection, treatment and recycling
schemes referred to in Articles 9 and 15.

These  schemes  shall  also  apply  to  products  imported  from  third  countries  under  non-
discriminatory conditions, and shall be designed to avoid barriers to trade or distortions
of competition.

Chapter VII
Consumer information

Article 25

Consumer information

1.

Member  States  shall  ensure,  in  particular  through  information  campaigns,  that
consumers are fully informed of:

(a)

(b)

the  potential  effects  on  the  environment  and  human  health  of  the
substances used in batteries and accumulators;

the  requirement  not  to  dispose  of  spent  batteries  and  accumulators  as
unsorted municipal waste and to collect such waste separately;

(c)

the collection and recycling schemes available to them;

(d)

(e)

their  role  in  contributing  to  the  recycling  of  spent  batteries  and
accumulators;

the  meaning  of  the  symbol  of  the  crossed-out  wheeled  bin  and  the
chemical symbols Hg, Cd and Pb referred to in Annex II.

47

2.

On  the  basis  of  the  collection  rates  achieved,  Member  States  shall,  if
appropriate,  adopt  additional  measures  to  ensure  that  consumers  participate  in
the collection of spent batteries and accumulators  and to discourage them from
the final disposal of such waste.

Article 26

Economic operators

Member States may require that some or all the information referred to in Article 25 be
provided  by  economic  operators,  in  particular  those  involved  in  the  manufacture,
distribution and sale of batteries and accumulators.

Chapter VIII
Marking requirements

Article 27

Labelling

1.

2.

1.

Member States shall ensure that all batteries, accumulators and battery packs are
appropriately marked with the symbol shown in Annex II in accordance with the
technical specifications laid down in that Annex.

In exceptional cases, where this is necessary because of the size or  function  of
the battery or accumulators, the symbol may be printed on the packaging.

The Commission shall amend Annex II in order to adapt to technical progress, in
accordance with the procedure referred to in Article 30

Chapter IX
Final provisions

Article 28

National implementation reports

Member States shall send the Commission a report on the implementation of this
Directive  every  three  years.  The  reports  shall  be  drawn  up  on  the  basis  of  a
questionnaire or outline established by  the  Commission in accordance  with the
procedure laid down in Article 30. The questionnaire or outline shall be sent to
the  Member  States  six  months  before  the  start  of  the  period  covered  by  the
report.

48

2.

1.

2.

1.

2.

The report shall be made available to the Commission no later than nine months
after the end of the three-year period concerned. The first report shall cover the
three-year period starting on the date referred to in Article 32(1).

Article 29

Review

The Commission shall publish a report on the implementation of this Directive
and  on  the  impact  of  this  Directive  on  the  environment  as  well  as  on  the
functioning of the internal market no later than nine months after  receiving the
reports from the Member States. This report shall  include  an  evaluation on the
following aspects of the Directive:

(a)

The appropriateness of further risk management measures for batteries and
accumulators  containing  heavy  metals,  taking  into  account  the  reporting
obligation of the Member States referred to in Article 6

(b) The appropriateness of the minimum collection target for all spent portable
batteries  and  accumulators  and  the  additional  collection  target  for  spent
portable nickel-cadmium batteries and accumulators set out in Article 13,
taking into account the information provided by the Member States on the
basis of Article 6, technical progress and practical experience gained in the
Member States.

(c)

The  appropriateness  of  the  minimum  recycling  targets  and  recycling
efficiencies  set  out  in  Articles  18  and  19,  taking  into  account  the
information  provided  by  the  Member  States,  technical  progress  and
practical experience gained in the Member States.

The Commission shall publish the report in the Official Journal. The report shall,
where  necessary,  be  accompanied  by  proposals  for  revision  of  the  related
provisions of this Directive.

Article 30

Committee procedure

The Commission shall be assisted by the Committee set up under Article 18 of
Directive 75/442/EEC.104

Where  reference  is  made  to  this  Article,  Articles  5  and  7  of  Decision
1999/468/EC  shall  apply,  having  regard  to  Article  8  thereof.  The  period  laid
down in Article 5(6) of Decision 1999/468/EC shall be three months.

104

OJ L 377, 31.12.1991, p. 48.

49

                                                
Article 31

Penalties

Member  States  shall  lay  down  the  rules  of  penalties  applicable  to  infringements  of  the
national  provisions  adopted  pursuant  to  this  Directive  and  shall  take  all  the  necessary
measures  to  ensure  that  they  are  implemented.  The  penalties  provided  for  must  be
effective, proportionate and dissuasive. The Member States shall notify those provisions
to  the  Commission  by  the  date  specified  in  Article  32  at  the  latest  and  shall  notify  it
without delay of any subsequent amendment affected them.

Article 32

Transposition

1.

2.

3.

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative
provisions necessary to comply with this Directive at the latest 18 months after
entry  into  force  of  this  Directive.  They  shall  forthwith  communicate  to  the
Commission  the  text  of  those  provisions  and  a  correlation  between  those
provisions and this Directive.

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.

Member  States  shall  communicate  to  the  Commission  the  text  of  all  existing
laws, regulations and administrative provisions adopted in the field covered by
this Directive.

Article 33

Voluntary agreements

Provided  that  the  objectives  set  out  in  this  Directive  are  achieved,  Member  States  may
transpose  the  provisions  set  out  in  Articles  6,  9,  16,  25,  26  and  27  by  means  of
agreements  between  the  competent  authorities  and  the  economic  operators  concerned.
Such agreements shall meet the following requirements:

(a)

they shall be enforceable;

(b)

they must specify objectives with the corresponding deadlines;

(c)

they  must  be  published  in  the  national  official  journal  or  an  official
document  equally  accessible  to  the  public  and  transmitted  to  the
Commission;

50

(d)

(e)

(f)

the  results  achieved  must  be  monitored  regularly,  and  reported  to  the
competent  authorities  and  the  Commission,  and  made  available  to  the
public under the conditions set out in the agreement;

the competent authorities shall ensure that the progress reached under the
agreement is examined;

in  cases  of  non-compliance  with  the  agreements,  Member  States  shall
implement  the  relevant  provisions  of  this  Directive  by  legislative,
regulatory or administrative measures.

Article 34

Repeal

Directive 91/157/EEC is repealed with effect from the date referred to in Article 32(1) of
entry into force of this Directive.

References to Directive 91/157/EEC shall be construed as references to this Directive.

Article 35

Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of
the European Union.

Article 36

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

For the Council

The President

The President

51

ANNEX I

Table  1  Monitoring  the  quantity  of  spent  portable  nickel-cadmium  batteries  and
accumulators in the municipal solid waste stream in accordance with Article 6

Year

Country

Total  quantity  in  tonnes  of  municipal  solid
waste arising in the year

Monitoring method used

Contact  details  of  the  independent  expert
body approving the monitoring method

Quantity  in  tonnes  of  municipal  solid  waste
monitored in the year

Quantity  in  tonnes  of  spent  portable  nickel-
cadmium batteries and accumulators found in
the waste monitored in the year

Total  quantity  in  tonnes  of  spent  portable
nickel-cadmium  batteries  and  accumulators
discarded in the municipal solid waste stream
in the year

52

Table  2:  Monitoring  of  compliance  with  the  collection  targets  in  accordance  with
Article 13

Year

Country

Number of inhabitants

Total  quantity  in  tonnes  of  spent  portable
batteries 
collected
separately in the year

accumulators 

and 

Collection rate achieved for the total quantity
of  spent  portable  batteries  and  accumulators
in grams/inhabitant

Total  quantity  in  tonnes  of  spent  portable
nickel-cadmium  batteries  and  accumulators
collected separately in the year (A)

Total  quantity  in  tonnes  of  spent  portable
nickel-cadmium  batteries  and  accumulators
discarded in the municipal solid waste stream
in the year (B)

Collection  rate  achieved  for  the  portable
nickel-cadmium  batteries  and  accumulators
expressed  as  a  %  of  A+B  (%=  A/(A+B)  x
100)

53

ANNEX II

SYMBOLS AND TECHNICAL SPECIFICATIONS FOR THE MARKING
OF BATTERIES, ACCUMULATORS AND BATTERY PACKS FOR SEPARATE
COLLECTION

1.

The  symbol  indicating  “separate  collection”  for  all  batteries  and  accumulators
shall be the crossed-out wheeled bin shown below:

2.

3.

4.

Batteries, accumulators and button cell containing more than 0.0005% mercury,
more than 0.025% cadmium or more than 0.4% lead by weight, shall be marked
with the  chemical symbol  for  the  metal  concerned:  Hg,  Cd  or  Pb.  The  symbol
indicating  the  heavy  metal  content  shall  be  printed  beneath  the  symbol  in
paragraph 1 of this Annex and shall cover an area of at least one quarter the size
of that symbol.

The  symbol  in  paragraph  1  of  this  Annex  shall  cover  3%  of  the  area  of  the
largest side of the battery, accumulator or battery pack, up to a maximum size of
5  x  5  cm.  In  the  case  of  cylindrical  cells,  the  symbol  shall  cover  1.5%  of  the
surface area of the battery or accumulator and shall have a maximum size of 5 x
5 cm.

Where  the  size  of  the  battery,  accumulator  or  battery  pack  is  such  that  the
symbol would be smaller than 0.5 x 0.5 cm, the battery, accumulator or battery
pack need not be marked but a symbol measuring 1 x 1 cm shall be printed on
the packaging.

5.

The symbols shall be printed visibly, legibly and indelibly.

54