Opinion of the Committee of the Regions on the Proposal for a Directive of the European Parliament and of the Council on batteries and accumulators and spent batteries and accumulators
Date: 2004-04-22
Institutions: European Committee of the Regions
Subjects: deposit on a polluting product, electrical engineering, electricity storage device, electronic waste, market approval, waste management

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urges

2.13
the European Commission to continue and
extend its dialogue with social inclusion actors and victims of
social exclusion so that all parties have an opportunity to be
heard and to exercise their citizenship;

2.14
welcomes the organisation each year, as in Århus in
October 2002, of a round table on poverty and exclusion to
coincide with the world day on exclusion on 17 October this
year. This event has been made necessary as much by enlarge-
ment, by new national practices for fighting social exclusion,
and by the Nice criteria for the objectives of equality, preven-
tion, action and mobilisation in connection with processes for
inclusion and integration, as by the increase in the number of
players involved in social dialogue and the partnership for jobs;

2.15
highlights the difficulty for each Member State in
jointly defining criteria for social inclusion or exclusion that
can at the same time be applicable, applied and exported at the
local, regional, national and European level; this emphasises the
ongoing need for coordinated dialogue at EU level;

2.16
recalls the role of local and regional authorities in inte-
grating those at risk of exclusion and marginalisation into the
labour market and society in general;

2.17
calls on the European Commission to include the ques-
tions raised in this opinion when presenting the joint report to
the March 2004 European Summit.

Brussels, 22 April 2004.

The President

of the Committee of the Regions

Peter STRAUB

Opinion of the Committee of the Regions on the ‘Proposal for a Directive of the European
Parliament and of the Council on batteries and accumulators and spent batteries and accumulators’

(2004/C 121/09)

THE COMMITTEE OF THE REGIONS,

Having regard to the ‘Proposal for a Directive of the European Parliament and of the Council on batteries
and accumulators and spent batteries and accumulators’, (COM(2003) 723 final - 2003/0282 (COD));

Having regard to the decision of the Council of 11 December 2003 to consult it on this matter under the
first paragraph of Article 175 of the Treaty establishing the European Community;

Having regard to the decision of its Bureau of 12 March 2002 to instruct its Commission for Sustainable
Development to draw up an opinion on this subject;

Having regard to the European Commission's staff working paper on the Directive of the European Parlia-
ment and of
the Council on batteries and accumulators and spent batteries and accumulators,
SEC(2003)1343;

Having regard to Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing
certain dangerous substances;

Having regard to Directive 2003/108/EEC of the European Parliament and of the Council of 8 December
2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE);

Having regard to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003
on the restriction of the use of certain hazardous substances (RoHS) in electrical and electronic equipment;

Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September
2000 on end-of life vehicles (ELV);

Having regard to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998
laying down a procedure for the provision of information in the field of technical standards and regula-
tions;

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Having regard to its draft opinion (CdR 12/2004 rev. 1) adopted on 5 March 2004 by its Commission for
Sustainable Development (rapporteur: Ossi Martikainen, chairman of Lapinlahti municipal council
(FI/
ELDR),

Whereas:

1)

2)

3)

4)

5)

batteries and accumulators are an essential energy source in our society;

a large quantity of spent batteries and accumulators end up in the municipal waste stream;

the collection and recycling of spent batteries and accumulators varies from Member State to
Member State; these different schemes can have a negative impact on the internal market and distort
competition, it is thus important to establish a level playing field across the EU;

tt is important to set high targets across the EU and to leave the possibility for each Member State
to set even higher targets and standards;

local and regional authorities in many Member States play an essential role in collecting and recy-
cling batteries and accumulators;

unanimously adopted the following opinion at its 54th plenary session, held on 21 and 22 April 2004
(meeting of 22 April)

1. Opinion of the Committee of the Regions

of rules and sanctions for infringements across the EU, with the
European Commission responsible for their application;

The Committee of the Regions

advocates application of
1.6
principle for accumulators and batteries;

the producer

responsibility

1.1
considers that the setting of EU-wide minimum require-
ments for waste from accumulators and batteries and other
waste containing hazardous substances to be an effective
means of protecting the environment and public health;

points out that local authorities, and the plants and
1.7
companies owned by them or are their agents, can also take
part
treating and recycling accumulators and
batteries in cooperation with producers and importers;

in collecting,

1.2
considers that the Member States and their local and
regional authorities have the right to choose the approach they
think best in implementing EU waste management legislation
in practice, provided uniform minimum requirements are met
and there is no distortion of competition;

1.8
considers that the disposal of accumulators and batteries
used in industry and vehicles (landfilling and incineration)
should be abolished completely;

1.3
notes that local and regional authorities have consider-
to planning,
able powers and responsibilities with respect
implementation and monitoring waste management and envir-
onmental protection, and that when implementing Community
legislation in this sphere EU legislators and the Member States
must take proper account of local expertise and proposals;

1.4
observes that consumer habits and behaviour have a
substantial effect on achieving environmental legislation targets
and considers that the Member States should be urged to step
up their efforts to set up or develop efficient return and recy-
cling arrangements or deposit schemes and, by means of infor-
mation campaigns,
aware
consumer behaviour with regard to batteries and accumulators;

environmentally

to encourage

considers that limits should be set on the amount of

1.9
mercury and cadmium used in batteries;

1.10
regards minimum collection targets to be problematic
because this will permit a substantial increase in the amount of
waste from accumulators and batteries in many of the new
Member States, delaying the positive health and environmental
effects of the proposal for a directive and the search for better
practice;

1.11
notes that some Member States have already achieved
the collection target in the proposal of 160g per capita per
year, and believes that the targets should be based on the
national annual sales in each country in order to allow for
differences in consumption and at the same time be able to set
ambitious targets;

1.5
believes that the application and monitoring of legisla-
tion governing accumulators and batteries containing hazar-
dous substances should be arranged in such a way that the
Member States can themselves choose the systems that are
most suitable in practice, while ensuring uniform monitoring

1.12
thinks it would be preferable to base the collection
target indicator on the percentage of national annual sales for
all spent portable batteries and accumulators;

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1.13
urges the Member States to promote new, economical and environment-friendly recycling and
treatment technologies, and recommends that the European Commission present to the European Parlia-
ment and the Council of Ministers a regular follow-up report on progress made towards achieving the
targets of the Directive after it has come into effect.

2. The recommendations of the Committee of the Regions

Preamble, paragraph 2

Text proposed by the Commission

CoR amendment

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

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

Reason: The main purpose of this Directive is to minimise the negative environmental effects of discarded
batteries, therefore Article 175 (1) (legal basis for environmental measures) should be the only legal basis.
By basing the Directive on Article 175, it leaves the possibility for Member States to set stricter targets and
procedures.

Recital 10

Text proposed by the Commission

CoR amendment

and

lead

cadmium, mercury

In the light of
the specific environmental and health
concerns regarding cadmium, mercury and lead and the
particular characteristics of batteries and accumulators
additional
containing
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.

and

lead

cadmium, mercury

In the light of
the specific environmental and health
concerns regarding cadmium, mercury and lead and the
particular characteristics of batteries and accumulators
additional
containing
measures should be adopted. The use of mercury in
batteries should be restricted prohibited as well as the
Ffinal disposal of automotive and industrial batteries
should be prohibited. An additional collection target
should be set for The use of portable nickel-cadmium in
portable batteries and the use of lead in portable batteries
should also be prohibited. Moreover, specific recycling
the remaining
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.

Reason: In line with the Directives on end-of life vehicles (ELV), waste electrical and electronic equipment
(WEEE) and the restriction of the use of certain hazardous substances (RoHS), metal should be also prohib-
ited in batteries and accumulators.

Article 3

Definitions

Add new definition

Text proposed by the Commission

CoR amendment

‘deposit schemes’ means a system under which the buyer,
upon purchase of batteries or accumulators, pays the seller
a sum of money which is refunded when the spent
batteries or accumulators are returned.

Reason: The article is copied from the Council Directive 91/157/EEC on batteries and accumulators
containing certain dangerous substances. This is an excellent way to encourage consumers to return their
spent batteries to collection points.

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Article 4

Prevention

Text proposed by the Commission

CoR amendment

1. 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.

2. 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 para-
graph 1.

1. 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.
a) 5 ppm Mercury; and/or

b) 40 ppm Lead; and/or

c) 20 ppm Cadmium

2. 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 para-
graph 1.

2. This prohibition shall not apply to the applications

listed in Annex 1.

Reason: Portable NiCd batteries make up 80 % of the entire NiCd battery market. There is a risk that the
spent batteries end up in municipal waste stream. It is undisputed that substitutes exist for the electronical
and electronic equipments. A phase-out of the use of cadmium batteries in electronical and electronic
equipment would be in line with the RoHS directive.

Article 5

Increased environmental performance

Text proposed by the Commission

CoR amendment

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.

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. The Commis-
sion shall submit a progress report to the Council and the
European Parliament in this regard five years after entry
into force of this Directive.

Reason: Self-explanatory.

Article 6

Monitoring the waste stream

Text proposed by the Commission

CoR amendment

1. Member States shall ensure the monitoring of the quan-
tities 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.

1. Member States shall ensure the monitoring of the quan-
tities 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.

2. 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
this Directive and covering the
in Article 32(1) of
whole of each calendar year. It shall be transmitted to
the Commission no later than six months after the end
of the year concerned.

2. 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) 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.

3. The Commission shall establish detailed rules for the
the municipal solid waste stream as
in accordance

monitoring of
referred to in the previous paragraph,
with the procedure referred to in Article 30.

3. The Commission shall establish detailed rules for the
the municipal solid waste stream as
in accordance

monitoring of
referred to in the previous paragraph,
with the procedure referred to in Article 30.

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Reason: This entire article should be deleted on the grounds that monitoring the municipal waste stream
would be a very costly and unnecessary measure if the directive bans the use of harmful substances in
batteries in the first instance. Nickel-cadmium batteries are estimated to constitute around 0.0055 % of the
municipal waste stream. The monitoring of this substance would have to be based on very substantial
sampling in order to quantify the levels of spent NiCd batteries reliably. An easier and more effective
option is to simply ban the use of this harmful substance altogether, thus removing the need for such
extensive monitoring. The proposal is an anomaly and should be removed altogether.

Article 9

Collection schemes

Text proposed by the Commission

CoR amendment

1. Member States shall ensure that:

1. Member States shall ensure that:

(a) 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;

(a) 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;

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

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

(c) producers of automotive batteries and accumula-
tors, 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.

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

2. Member States shall ensure that, when setting up the
impacts of

collection schemes, the negative external
transport are taken into account.

2. Member States shall ensure that, when setting up the
impacts of

collection schemes, the negative external
transport are taken into account.

3. Deposit schemes can be implemented as part of a range
of measures to promote the collection of spent portable
batteries and accumulators. Member States shall be free
to set the value of the deposit fee in such a way as to
avoid distortions of the internal market. Without preju-
dice to Directive 98/34/EC, Member States shall notify
measures related to the implementation of such deposit
schemes to the Commission.

Reason: Deposit schemes are an excellent way of encouraging consumers to return batteries after use.

Article 11

Prohibition of final disposal

Text proposed by the Commission

CoR amendment

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

Member States shall prohibit the final disposal of industrial
and automotive batteries and accumulators in landfills or
by incineration. Member States should ensure that the ban
is properly enforced.

Reason: The text needs to be stronger and more forceful.

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Article 12

Economic instruments

Text proposed by the Commission

CoR amendment

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 implementa-
tion of those instruments to the Commission.

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 deposit schemes or
differential tax rates, they shall notify the measures related
to the implementation of
to the
Commission.

those instruments

Reason: Deposit schemes (whereby the consumer pays a higher price when purchasing the battery and
part of this cost is reimbursed when the spent battery is returned) can encourage consumers to return their
batteries.

Article 13

Collection targets

Text proposed by the Commission

CoR amendment

portable

including

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
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 accu-
mulators collected annually through collection schemes
as well as those disposed of annually in the municipal
solid waste stream.

2. 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.

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 50 %
of national annual sales of two years ago per inhabi-
tant per year for all spent portable batteries and accu-
mulators 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 quan-
tity shall comprise portable nickel-cadmium batteries
and accumulators collected annually through collec-
tion schemes as well as those disposed of annually
in the municipal solid waste stream.

2. No later than six years after the date referred to in
Article 32 (1), Member States
a
minimum average collection rate equivalent to 60 %
of the national annual sales of four years ago of all
spent portable batteries and accumulators,
including
portable nickel-cadmium batteries.

achieve

shall

3. No later than ten years after the date referred to in
a
Article 32 (1), Member States
the
minimum average collection rate of 70 % of
national annual sales of four years ago for all spent
portable
including
portable nickel-cadmium batteries.

accumulators,

batteries

achieve

shall

and

24. 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 Commis-
sion no later than one year after the end of the year
concerned.

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Reason: The collection targets should be amended to a percentage of annual sales targets in order to better
reflect the level of consumption, which varies throughout the EU. This percentage can easily be achieved
through analysing the yearly sales volume. This phased approach to targets is necessary to help develop
capacity in collection and recycling without making the targets unrealistic. An overall target of 70 % collec-
tion rate is needed to ensure that the collection and recycling rates continually grow up to an optimal
level.

Article 15

Treatment operations

Text proposed by the Commission

CoR amendment

1. 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 accu-
mulators collected in accordance with Article 9.

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

Reason: Referring to the best available technique makes the directive more in line with the terminology of
the EU and put emphasis on using the best available treatment. Otherwise the battery industry – as an
example – may point to the steel industry as a possible treatment.

Article 17

New recycling technologies

Text proposed by the Commission

CoR amendment

1. 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.
2. Member States shall encourage treatment facilities to
introduce certified environmental management schemes
in accordance with Regulation (EC) 761/2001 allowing
voluntary participation by organisations in a Com-
munity eco-management and audit scheme (EMAS).

1. 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.
2. Member States shall encourage treatment facilities to
introduce certified environmental management schemes
in accordance with Regulation (EC) 761/2001 allowing
voluntary participation by organisations in a Com-
munity eco-management and audit scheme (EMAS).
The Commission shall submit a progress report to the
Council and the European Parliament in this regard five
years after entry into force of this Directive.

Reason: Self-explanatory

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Article 18

Recycling targets

Text proposed by the Commission

CoR amendment

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

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:

(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;

(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 accumula-
tors collected in accordance with Article 9 enter a
recycling process.

(bc) all industrial and automotive batteries and accumula-
tors collected in accordance with Article 9 enter a
recycling process.

Reason: This exemption is not justified by any technical reasons.

Article 19

Recycling efficiencies

Text proposed by the Commission

CoR amendment

1. Member States shall ensure that, no later than three
years after the date referred to in Article 32(1), produ-
cers, or third parties acting on their behalf, achieve the
following minimum recycling efficiencies:
(a) recycling of all the lead and a minimum of 65% by
average weight of the materials contained in lead-
acid batteries and accumulators;

1. Member States shall ensure that, no later than three
years after the date referred to in Article 32(1), produ-
cers, or third parties acting on their behalf, achieve the
following minimum recycling efficiencies:
(a) recycling of all the lead and a minimum of 65% by
average weight of the materials contained in lead-
acid batteries and accumulators;

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

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

(c) recycling of 55 % by average weight of the mate-
rials contained in other spent batteries and accumu-
lators.

(c) recycling of 55 % by average weight of the mate-
rials contained in other spent batteries and accumu-
lators.

2. 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, actu-
ally achieved in each calendar year, starting from the
dates referred to in the previous paragraph.That infor-
mation shall be submitted to the Commission no later
than six months after the end of the year concerned.

2. 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, actu-
ally 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.

The minimum recycling efficiencies are to be evaluated
and technical
regularly and adapted to scientific
progress under the procedure laid down in Article 30.

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Reason: This is the first time a target is set for the recycling efficiencies. This was not made in neither the
WEEE directive nor the ELV directive. It is therefore important that the rates are evaluated and regularly
updated.

Article 20

Schemes for portable batteries and accumulators

Text proposed by the Commission

CoR amendment

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

2. Member States shall ensure that producers comply with
individual or

the previous paragraph by means of
collective schemes.

least

1. Member States shall ensure that producers, or third
parties acting on their behalf, arrange the financing for
the treatment, recycling and
at
sound disposal of all spent portable batteries and accu-
mulators deposited at collection facilities set up under
Article 9(1)(a).

the collection,

2. Member States shall ensure that producers comply with
individual or

the previous paragraph by means of
collective schemes.

Reason: This is an important amendment for local and regional authorities. The producer responsibility
should also apply to the collection of spent portable batteries. The actual carrying out of the collection,
treatment, recycling and sound disposal can be taken care of either by the local authorities or by any other
organisation. The important point here is to clarify who will finance these activities.

Article 22

Registration and Guarantee

Text proposed by the Commission

CoR amendment

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 manage-
ment 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.

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 manage-
ment of spent batteries and accumulators will be financed.
The producer mayshall 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.

Reason: The word ‘may’ is too vague and should therefore be changed into ‘shall’.

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Article 23

Historic waste

Text proposed by the Commission

CoR amendment

1. 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.

1. 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 all producers.

2. 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
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.
3. For other industrial historical waste batteries, the finan-
cing of the costs shall be provided for by the industrial
users.

the financing of

2. 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
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.
3. For other industrial historical waste batteries, the finan-
cing of the costs shall be provided for by the industrial
users.

the financing of

4. 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 recy-
cling of all spent batteries and accumulators. The costs
mentioned shall not exceed the actual costs incurred.

4. 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 recy-
cling of all spent batteries and accumulators. The costs
mentioned shall not exceed the actual costs incurred.

Reason: The word ‘all’ clarifies that the producer responsibility is collective and not individual.

Text proposed by the Commission

Annex I (new)

CoR amendment

Annex I

In accordance with Article 4, paragraph 2, batteries and
accumulators, whether or not incorporated into appliances,
in the following applications are exempted from the prohi-
bition mentioned in Article 4, paragraph 1:

— Mercury in button cells for hearing aid applications

— Cadmium in batteries or accumulators for Emergency

lighting

— Cadmium in batteries and accumulators for industrial

applications

— Cadmium in batteries and accumulators for aeroplanes

and trains

— Lead in automative batteries and accumulators

The President

of the Committee of the
Regions

Peter STRAUB

Reason: see amendment on Article 4.

Brussels, 22 April 2004