Common Position (EC) No 30/2005 of 18 July 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC
Date: 2005-07-18
Institutions: Council of the European Union
Subjects: EC conformity marking, dangerous substance, electric machinery, electricity storage device, hazardous waste, waste disposal, waste management

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 30/2005

adopted by the Council on 18 July 2005

with a view to adopting Directive 2005/…/EC of the European Parliament and of the Council of …
on batteries and accumulators and waste batteries and accumulators and repealing Directive
91/157/EEC

(2005/C 264 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof and Article
95(1) thereof in relation to Articles 4, 5 and 18 of this Direc-
tive,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of the Committee of Regions (3),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1)

is

desirable

harmonise
and accumulators

national measures
It
to
concerning batteries
and waste
batteries and accumulators. The primary objective of this
Directive is to minimise the negative impact of batteries
and accumulators and waste batteries and accumulators
on the environment, thus contributing to the protection,
preservation and improvement of
the
environment. The legal base is therefore Article 175(1)
of the Treaty. However,
it is also appropriate to take
measures at Community level on the basis of Article

the quality of

(1) OJ C 96, 21.4.2004, p. 5.
(2) OJ C 117, 30.4.2004, p. 5.
(3) OJ C 121, 30.4.2004, p. 35.
(4) Opinion of the European Parliament of 20 April 2004 (OJ C 104E,
30.4.2004, p. 354), Council common position of … (not yet
published in the Official
Journal) and Position of the European
Parliament of … (not yet published in the Official Journal).

the Treaty

to harmonise

95(1) of
requirements
concerning the heavy metal content and labelling of
batteries and accumulators and so to ensure the smooth
functioning of the internal market and avoid distortion
of competition within the Community.

(2)

(3)

for

The Commission Communication of 30 July 1996 on
the Review of
the Community Strategy for Waste
future Com-
Management established guidelines
munity waste policy. That Communication stresses the
need to reduce the quantities of hazardous substances in
waste and points out the potential benefits of Com-
munity-wide
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.

the presence of

limiting

rules

Council Directive 91/157/EEC of 18 March 1991 on
batteries and accumulators containing certain dangerous
substances (5) has brought about an approximation of
Member States' laws in this field. However, the objectives
of that Directive have not been fully attained. Decision
No 1600/2002/EC of the European Parliament and of
the Council of 22 July 2002 laying down the Sixth Com-
munity Environment Action Programme (6) and Directive
the
2002/96/EC of

the European Parliament and of

(5) OJ L 78, 26.3.1991, p. 38. Directive as amended by Commission

Directive 98/101/EC (OJ L 1, 5.1.1999, p. 1).

(6) OJ L 242, 10.9.2002, p. 1.

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(4)

(5)

(6)

(7)

(8)

Council of 27 January 2003 on waste electrical and elec-
tronic equipment (WEEE) (1) also underlined the need for
Directive
revised. Directive
to
91/157/EEC should therefore be revised and replaced in
the interests of clarity.

91/157/EEC

be

In order to achieve its environmental aims, this Directive
prohibits the placing on the market of certain batteries
and accumulators containing mercury or cadmium. It
also promotes a high level of collection and recycling of
waste batteries and accumulators and improved environ-
mental performance of all operators involved in the life
cycle of batteries and accumulators, e.g. producers,
distributors and end-users and,
those
operators directly involved in the treatment and recy-
cling of waste batteries and accumulators. The specific
rules needed to do this are supplementary to existing
Community legislation on waste,
in particular Council
Directive 75/442/EEC of 15 July 1975 on waste (2),
Council Directive 1999/31/EC of 26 April 1999 on the
landfill of waste (3) and Directive 2000/76/EC of the
European Parliament and of the Council of 4 December
2000 on the incineration of waste (4).

in particular,

In order to prevent waste batteries and accumulators
from being discarded in such a way as to pollute the
environment, and to avoid end-user confusion about the
different waste management requirements for different
batteries and accumulators, this Directive should apply
to all batteries and accumulators placed on the market
within the Community. Such a wide 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.

them from blocking or

shops, professional video equipment for TV channels
and professional studios, miners' lamps and diving lamps
attached to mining and diving helmets for professionals,
back-up batteries and accumulators for electric doors to
prevent
crushing people,
batteries and accumulators used for instrumentation or
in various types of measurement and instrumentation
equipment and batteries and accumulators used in
connection with solar panel, photo-voltaic, and other
renewable energy applications. Industrial batteries and
accumulators also include batteries and accumulators
used in electrical vehicles, such as electric cars, wheel-
chairs, bicycles, airport vehicles and automatic transport
vehicles. In addition to this non exhaustive list of exam-
ples, any battery or accumulator that is not sealed and
not automotive should be considered industrial.

(9)

Examples of portable batteries and accumulators, which
are all-sealed batteries and accumulators that an average
person could carry by hand without difficulty and that
are neither automotive batteries or accumulators nor
include single cell
industrial batteries or accumulators,
batteries (such as AA and AAA batteries) and batteries
and accumulators used by consumers or professionals in
mobile telephones, portable computers, cordless power
tools, toys and household appliances such as electric
toothbrushes, razors and hand-held vacuum cleaners
(including similar equipment used in schools, shops,
restaurants, airports, offices or hospitals) and any battery
that consumers may use for normal household applica-
tions.

It is appropriate to distinguish between portable batteries
and accumulators on the one hand and industrial and
automotive batteries and accumulators on the other. The
disposal of industrial and automotive batteries and accu-
mulators in landfill sites or by incineration should be
prohibited.

(10)

industrial batteries

Examples of
and accumulators
include batteries and accumulators used for emergency
or back-up power supply in hospitals, airports or offices,
batteries and accumulators used in trains or aircraft and
batteries and accumulators used on offshore oil rigs or
in lighthouses. Examples also include batteries and accu-
mulators designed exclusively for hand-held payment
terminals in shops and restaurants, bar code readers in

The Commission should evaluate the need for adaptation
of this Directive, taking account of available technical
and scientific evidence.
In particular, the Commission
should carry out a review of the exemption from the
cadmium ban provided for portable batteries and accu-
mulators intended for use in cordless power tools. Exam-
ples of cordless power tools are tools that consumers
sanding,
and professionals use for
turning, milling,
shearing, drilling, making
grinding,
sawing, cutting,
holes,
screwing,
hammering,
polishing or similar processing of wood, metal and other
materials, as well as for mowing, cutting and other
gardening activities.

punching,

riveting,

(1) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive
2003/108/EC of the European Parliament and of the Council (OJ
L 345, 31.12.2003, p. 106).

(2) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council (OJ L 284, 31.10.2003, p. 1).

(3) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC)

No 1882/2003.

(4) OJ L 332, 28.12.2000, p. 91.

(11)

The Commission should also monitor, and Member
States should encourage,
technological developments
that improve the environmental performance of batteries
and accumulators throughout
their entire life cycle,
including through participation in a Community eco-
management and audit scheme (EMAS).

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(12)

(13)

In order to protect the environment, waste batteries and
accumulators should be collected. For portable batteries
and accumulators, collection schemes achieving a high
collection rate should be established. This means setting
up collection schemes so that end-users can discard all
waste portable batteries and accumulators conveniently
and free of charge. Different collection schemes and
financing arrangements are appropriate for the different
battery and accumulator types.

It is desirable for Member States to achieve a high collec-
tion and recycling rate for waste batteries and accumula-
tors so as to achieve a high level of environmental
protection and material recovery throughout the Com-
munity. This Directive should therefore set minimum
collection and recycling targets for Member States. It is
appropriate to calculate the collection rate on the basis
of average annual sales in preceding years, so as to have
comparable targets
that are
proportionate to the national level of battery consump-
tion.

for all Member States

(18)

(19)

(20)

The provision of information to end-users on the desir-
ability of separate collection,
the collection schemes
available and end-users' role in the management of waste
batteries and accumulators is necessary for successful
collection. Detailed arrangements should be made for a
labelling system, which should provide end-users with
transparent, reliable and clear information on batteries
and accumulators and any heavy metals they contain.

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

Reliable and comparable data on the quantities of
batteries
and accumulators placed on the market
collected and recycled are necessary for monitoring
whether
this Directive have been
achieved.

the objectives of

(14)

Specific recycling requirements should be established for
cadmium and lead batteries and accumulators in order
to attain a high level of material recovery throughout
the Community and to prevent disparities between
Member States.

(21) Member States should lay down rules on the penalties
applicable to infringements of
the provisions of this
Directive and ensure that they are implemented. Those
penalties should be effective, proportionate and dissua-
sive.

(15) All

interested parties should be able to participate in
collection,
treatment and recycling schemes. Those
schemes should be designed to avoid discrimination
against imported products, barriers to trade or distor-
tions of competition.

(16)

(17)

Collection and recycling schemes should be optimised,
in particular in order to minimise costs and the negative
environmental impact of transport. Treatment and recy-
cling schemes should use best available techniques, as
defined in Article 2(11) of Council Directive 96/61/EC
of 24 September 1996 concerning integrated pollution
prevention and control (1).

Basic principles for financing the management of waste
batteries and accumulators should be set at Community
level. Financing schemes should help to achieve high
collection and recycling rates and to give effect to the
principle of producer responsibility. Producers should
therefore finance the costs of collecting, treating and
recycling all collected batteries and accumulators minus
the profit made by selling the materials recovered.
However, under certain circumstances, the application of
de minimis rules to small producers could be justified.

(22)

(23)

(24)

The Council, in accordance with paragraph 34 of the
Interinstitutional Agreement on better law-making (2),
should encourage Member States to draw up, for them-
selves and in the interests of the Community, their own
tables, which will, as far as possible, illustrate the corre-
lation between this Directive and the transposition
measures and to make them public.

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 (3).

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

(1) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regu-

lation (EC) No 1882/2003.

(2) OJ C 321, 31.12.2003, p. 1. OJ L 184, 17.7.1999, p. 23.
(3) OJ L 184, 17.7.1999, p. 23.

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(25)

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 Parlia-
ment and of the Council of 18 September 2000 on end-
of-life vehicles (1) and Directive 2002/96/EC.

(26) As regards producer responsibility, producers of batteries
and accumulators and producers of other products
incorporating a battery or accumulator are responsible
for the waste management of batteries and accumulators
that they place on the market. A flexible approach is
appropriate to enable financing schemes
to reflect
differing national circumstances and to take account of
existing schemes, particularly those set up to comply
with Directives 2000/53/EC and 2002/96/EC, while
avoiding double charging.

(27) 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 in electrical and
electronic equipment (2) does not apply to batteries and
accumulators used in electrical and electronic equip-
ment.

(28) Automotive and industrial batteries and accumulators
used in vehicles should meet the requirements of Direc-
tive 2000/53/EC, in particular Article 4 thereof. There-
fore the use of cadmium in industrial batteries and accu-
mulators for electrical vehicles should be prohibited,
unless they can benefit from an exemption on the basis
of Annex II to that Directive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

Article 2

Scope

1.
This Directive shall apply to all types of batteries and
accumulators, regardless of their shape, volume, weight, mate-
rial composition or use. It shall apply without prejudice to
Directives 2000/53/EC and 2002/96/EC.

This Directive shall not apply to batteries and accumula-

2.
tors used in:

(a) equipment connected with the protection of Member
States' essential security interests, arms, munitions and war
material, with the exclusion of products that are not
intended for specifically military purposes;

(b) equipment designed to be sent into space.

Article 3

Definitions

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

1.

2.

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

‘battery pack’ means any set of batteries or accumulators
that are connected together and/or encapsulated within an
outer casing so as to form a complete unit that the end-
user is not intended to split up or open;

3.

‘portable battery or accumulator’ means any battery or
accumulator that:

(a) is sealed, and

(b) can be hand-carried, and

This Directive establishes:

1. rules regarding the placing on the market of batteries and

accumulators; and

2. specific rules for the collection, treatment, recycling and
disposal of waste batteries and accumulators to supplement
relevant Community legislation on waste.

(c) is neither an industrial battery or accumulator nor an

automotive battery or accumulator;

4.

‘button cell’ means any small round portable battery or
accumulator whose diameter is greater than its height and
which is used for special purposes such as hearing aids,
watches, small portable equipment and back-up power;

(1) OJ L 269, 21.10.2000, p. 34. Directive as amended by Commission

Decision 2002/525/EC (OJ L 170, 29.6.2002, p. 81).

(2) OJ L 37, 13.2.2003, p. 19.

5.

‘automotive battery or accumulator’ means any battery or
accumulator used for automotive starter, lighting or igni-
tion power;

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6.

7.

8.

‘industrial battery or accumulator’ means any battery or
accumulator designed for exclusively industrial or profes-
sional uses or used in any type of electric vehicle;

(a) all batteries or accumulators, whether or not incorporated
that contain more than 0,0005 % of

into appliances,
mercury by weight; and

‘waste battery or accumulator’ means any battery or accu-
mulator which is waste within the meaning of Article 1(a)
of Directive 75/442/EEC;

(b) portable batteries or accumulators, including those incorpo-
rated into appliances, that contain more than 0,002 % of
cadmium by weight.

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

2.
The prohibition set out in paragraph 1(a) shall not apply
to button cells with a mercury content of no more than 2 % by
weight.

9.

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

The prohibition set out in paragraph 1(b) shall not apply

3.
to portable batteries and accumulators intended for use in:

10.

‘treatment’ means any activity carried out on waste
batteries and accumulators after they have been handed
over to a facility for sorting, preparation for recycling or
preparation for disposal;

11.

‘appliance’ means any electrical or electronic equipment, as
defined by Directive 2002/96/EC, which is fully or partly
powered by batteries or accumulators or is capable of
being so;

12.

‘producer’ means any person in a Member State that, irre-
spective of the selling technique used, including by means
of distance communication as defined in Directive 97/7/EC
of the European Parliament and of the Council of 20 May
1997 on the protection of consumers in respect of
distance contracts (1), places batteries or accumulators,
including those incorporated into appliances or vehicles,
on the market for the first time within the territory of that
Member State on a professional basis;

13.

‘distributor’ means any person that provides batteries and
accumulators on a professional basis to an end-user;

14.

‘placing on the market’ means supplying or making avail-
able, whether in return for payment or free of charge, to a
third party within the Community and includes import
into the customs territory of the Community;

15.

‘economic operators’ means any producer, distributor,
collector, recycler or other treatment operator;

16.

tool’ means any hand held appliance
‘cordless power
powered by a battery or accumulator and intended for
maintenance, construction or gardening activities.

(a) emergency
lighting;

and alarm systems,

including

emergency

(b) medical equipment; or

(c) cordless power tools.

4.
The Commission shall review the exemption referred to
in paragraph 3(c) and submit a report to the European Parlia-
ment and to the Council by … (*), together,
if appropriate,
with relevant proposals, with a view to the prohibition of
cadmium in batteries and accumulators.

Article 5

Placing on the market

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

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

Article 4

Prohibitions

Article 6

Overarching objective

1. Without prejudice to Directive 2000/53/EC, Member
States shall prohibit the placing on the market of:

Member States shall endeavour to maximise the separate collec-
tion of waste batteries and accumulators, having regard to the
environmental
transport, and to minimise the
disposal of batteries and accumulators as unsorted municipal
waste.

impact of

(1) OJ L 144, 4.6.1997, p. 19. Directive as amended by Directive

2002/65/EC (OJ L 271, 9.10.2002, p. 16).

(*) Four years after entry into force of this Directive.

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Article 7

Collection schemes

the use of batteries and accumulators containing less polluting
substances, for instance by adopting differential tax rates or
deposit systems. If they do so, they shall notify the measures
relating to the implementation of those instruments to the
Commission.

1. Member States shall ensure that appropriate collection
schemes are in place for waste portable batteries and accumula-
tors. Such schemes:

(a) shall enable end-users to discard waste portable batteries or
accumulators at an accessible collection point in their vici-
nity, having regard to population density;

(b) shall not involve any charge to end-users when discarding
waste portable batteries or accumulators, nor any obliga-
tion to buy a new battery or accumulator;

(c) may be run in conjunction with the schemes referred to in

Article 5(2) of Directive 2002/96/EC.

Article 10 of Directive 75/442/EEC shall not apply to collection
points set up to comply with point (a) of this paragraph.

Provided that the schemes meet the criteria listed in para-

2.
graph 1, Member States may:

(a) require producers to set up such schemes;

(b) require other economic operators to participate in such

schemes;

Article 9

Collection targets

1.
For the purposes of this Article, the ‘collection rate’ for a
given Member State in a given calendar year shall mean the
percentage obtained by dividing the weight of waste portable
batteries and accumulators collected in accordance with Article
in that calendar year by the average annual sales of
7(1)
portable batteries and accumulators to the end-user by weight
in that Member State during that calendar year and the
preceding two calendar years. Member States shall calculate the
collection rate for the first time in respect of the sixth full
calendar year following the entry into force of this Directive.

Without prejudice to Directive 2002/96/EC, annual collection
and sales figures shall include batteries and accumulators incor-
porated into appliances.

(c) maintain existing schemes.

2. Member States shall achieve the following minimum
collection rates:

3. Member States shall ensure that producers of industrial
batteries and accumulators, or third parties acting on their
behalf, shall not refuse to take back waste industrial batteries
regardless of chemical
and accumulators
composition and origin.
Independent third parties may also
collect industrial batteries and accumulators.

from end-users,

(a) 25 % by … (*);

(b) 45 % by … (**).

4. Member States shall ensure that producers of automotive
batteries and accumulators, or third parties, set up schemes for
the collection of waste automotive batteries and accumulators
from end-users or from an accessible collection point in their
vicinity, where collection is not carried out under the schemes
referred to in Article 5(1) of Directive 2000/53/EC. In the case
of automotive batteries and accumulators from private, non-
commercial vehicles, such schemes shall not involve any charge
to end-users when discarding waste batteries or accumulators,
nor any obligation to buy a new battery or accumulator.

Article 8

Economic instruments

Member States may use economic instruments to promote the
collection of waste batteries and accumulators or to promote

3. Member States shall monitor collection rates on a yearly
basis according to the scheme set out in Annex I. Without
prejudice to Regulation (EC) No 2150/2002 of the European
Parliament and of the Council of 25 November 2002 on waste
statistics (1), Member States
to the
Commission within six months of the end of the calendar year
concerned. Reports shall indicate how they obtained the data
necessary to calculate the collection rate.

transmit

reports

shall

In accordance with the procedure referred to in Article

4.
21(2):

(a) transitional arrangements may be laid down to address
difficulties faced by a Member State in satisfying the
requirements of paragraph 2 as a result of specific national
circumstances;

(*) Six years after entry into force of this Directive.
(**) Ten years after entry into force of this Directive.
(1) OJ L 332, 9.12.2002, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 574/2004 (OJ L 90, 27.3.2004, p. 15).

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(b) a common methodology shall be established for the calcu-
lation of annual sales of portable batteries and accumula-
tors to end-users by … (*).

the
6.
Before proposing any amendment
Commission shall consult relevant stakeholders,
in particular
producers, collectors, recyclers, treatment operators, environ-
mental organisations, consumer organisations and employee
associations. It shall inform the committee referred to in Article
21(1) of the outcome of this consultation.

to Annex III

Article 10

Treatment and recycling

1. Member States shall ensure that, no later than … (**):

(a) producers or third parties set up schemes using best avail-
able techniques to provide for the treatment and recycling
of waste batteries and accumulators; and

(b) all

identifiable batteries and accumulators collected in
accordance with Article 7 undergo treatment and recycling
through such schemes.

However, Member States may, in accordance with the Treaty,
dispose of
accumulators
collected portable batteries or
containing cadmium, mercury or lead in landfills or by under-
ground storage as part of a strategy to phase out heavy metals
or when no viable end market is available. Member States shall
notify draft measures to the Commission in accordance with
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
regulations (1).

Treatment shall meet the minimum requirements set out

2.
in Annex III, part A.

3.
Recycling processes shall, no later than … (***), meet the
recycling targets and associated provisions set out in Annex III,
part B.

4. Member States shall report on the levels of recycling
achieved in each calendar year concerned and whether the
targets referred to in Annex III, part B have been met. They
shall submit the information to the Commission within six
months of the end of the calendar year concerned.

Annex III may be adapted or supplemented to take
5.
account of technical or scientific progress in accordance with
the procedure referred to in Article 21(2). In particular:

(a) detailed rules regarding the calculation of recycling targets

shall be added no later than … (****); and

(b) the minimum recycling targets shall be evaluated regularly
and adapted to best available techniques and in the light of
the developments referred to in paragraph 1, second sub-
paragraph.

Article 11

Disposal

in landfills or by
Member States shall prohibit the disposal
incineration of waste industrial and automotive batteries and
accumulators. However, residues of any batteries and accumu-
lators that have undergone both treatment and recycling in
accordance with Article 10(1) may be disposed of in landfills or
by incineration.

Article 12

Exports

1.
Treatment and recycling may be undertaken outside the
Member State concerned or outside the Community, provided
that the shipment of waste batteries and accumulators is in
compliance with Council Regulation (EEC) No 259/93 of 1
February 1993 on the supervision and control of shipments of
waste within, into and out of the European Community (2).

2. Waste batteries and accumulators exported out of the
Community in accordance with Regulation (EEC) No 259/93,
Council Regulation (EC) No 1420/1999 of 29 April 1999
establishing common rules and procedures to apply to ship-
ments to certain non-OECD countries of certain types of
waste (3) and Commission Regulation (EC) No 1547/1999 of
12 July 1999 determining the control procedures under
Council Regulation (EEC) No 259/93 to apply to shipments of
certain types of waste to certain countries, to which OECD
Decision C(92) 39 final does not apply (4), shall count towards
the fulfilment of
the obligations and targets laid down in
Annex III to this Directive only if there is sound evidence that
the recycling operation took place under conditions broadly
equivalent to the requirements of this Directive.

3.
Detailed rules for the implementation of this Article shall
be laid down in accordance with the procedure referred to in
Article 21(2).

(*) One year after entry into force of this Directive.
(**) Three years after entry into force of this Directive.
(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003

Act of Accession.

(***) Five years after entry into force of this Directive.
(****) 42 months after entry into force of this Directive.

(2) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission

Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

(3) OJ L 166, 1.7.1999, p. 6. Regulation as last amended by Commis-
sion Regulation (EC) No 2118/2003 (OJ L 318, 3.12.2003, p. 5).
(4) OJ L 185, 17.7.1999, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 2118/2003.

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Article 13

Financing

1. Member States shall ensure that producers, or
third
parties acting on their behalf, finance any net costs arising
from:

(a) the collection, treatment and recycling of all waste portable
batteries and accumulators collected in accordance with
Article 7(1) and (2); and

(b) the collection, treatment and recycling of all waste indus-
trial and automotive batteries and accumulators collected in
accordance with Articles 7(3) and (4).

2. Member States shall ensure that the implementation of
paragraph 1 avoids any double charging of producers in the
case of batteries or accumulators collected under schemes set
up in accordance with Directive 2000/53/EC or Directive
2002/96/EC.

3.
The costs of collection, treatment and recycling shall not
be shown separately to end-users at the time of sale of new
portable batteries and accumulators.

4.
Producers and users of industrial and automotive batteries
and accumulators may conclude agreements stipulating finan-
cing arrangements other than the ones referred to in paragraph
1.

Article 14

Registration

Member States shall ensure that each producer is registered.

Article 15

Small producers

De minimis rules for the application of Articles 13(1) and 14
shall,
if appropriate, be established in accordance with the
procedure referred to in Article 21(2) no later than … (*).

Article 16

Participation

1. Member States shall ensure that all economic operators
and all competent public authorities may participate in the

(*) 42 months after entry into force of this Directive.

collection, treatment and recycling schemes referred to in Arti-
cles 7 and 10.

2.
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.

Article 17

Information for end-users

1. Member States shall ensure, in particular through infor-
mation campaigns, that end-users are fully informed of:

(a) the potential effects on the environment and human health

of the substances used in batteries and accumulators;

(b) the desirability of not disposing of waste batteries and accu-
mulators as unsorted municipal waste and of participating
in their separate collection so as to facilitate treatment and
recycling;

(c) the collection and recycling schemes available to them;

(d) their role in contributing to the recycling of waste batteries

and accumulators;

(e) the meaning of the symbol of the crossed-out wheeled bin
shown in Annex II and the chemical symbols Hg, Cd and
Pb.

2. Member States may require
to
provide some or all of the information referred to in paragraph
1.

economic operators

Article 18

Labelling

1. Member States shall ensure that all batteries, accumulators
and battery packs are appropriately marked with the symbol
shown in Annex II.

2.
Batteries, accumulators and button cells containing more
than 0,0005 % mercury, more than 0,002 % cadmium or more
than 0,004 % lead, 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
shown in Annex II and shall cover an area of at least one
quarter the size of that symbol.

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3.
The symbol shown in Annex II shall cover at least 3 % of
the area of the largest side of the battery, accumulator or
battery pack, up to a maximum size of 5 × 5 cm. In the case
of cylindrical cells, the symbol shall cover at least 1,5 % of the
surface area of the battery or accumulator and shall have a
maximum size of 5 × 5 cm.

5.
The Commission shall publish a report on the implemen-
tation of this Directive and on the impact of this Directive on
the environment and on the functioning of the internal market
no later than nine months after receiving the reports from
Member States in accordance with paragraph 4.

4. Where the size of the battery, accumulator or battery
pack is such that the symbol would be smaller than 0,5 ×
0,5 cm, the battery, accumulator or battery pack need not be
marked but a symbol measuring at least 1 × 1 cm shall be
printed on the packaging.

5.

Symbols shall be printed visibly, legibly and indelibly.

Exemptions

6.
this
Article may be granted in accordance with the procedure
referred to in Article 21(2).

from the labelling requirements of

Article 20

Review

1.
The Commission shall review the implementation of this
Directive and the impact of this Directive on the environment
the internal market after receiving
and the functioning of
reports from Member States in accordance with Article 19(4)
for the second time.

Article 19

The second report

2.
the Commission publishes in
accordance with Article 19(5) shall include an evaluation on
the following aspects of this Directive:

that

National implementation reports

(a) the appropriateness of further risk management measures
for batteries and accumulators containing heavy metals;

1. Member States shall send the Commission a report on the
implementation of this Directive every three years. However,
the first report shall cover the period until … (*).

Reports shall be drawn up on the basis of a questionnaire
2.
or outline established in accordance with the procedure
referred to in Article 21(2). The questionnaire or outline shall
be sent to Member States six months before the beginning of
the first period that the report is to cover.

3. Member States shall also report on any measures that
they take to encourage developments affecting the impact of
batteries and accumulators on the environment, in particular:

(a) developments,

including voluntary steps taken by produ-
cers, reducing quantities of heavy metals and other hazar-
dous substances contained in batteries and accumulators;

(b) the appropriateness of the minimum collection targets for
all waste portable batteries and accumulators set out in
Article 9(2), and the possibility of
introducing further
targets for later years, taking account of technical progress
and practical experience gained in Member States;

(c) the appropriateness of the minimum recycling requirements
set out in Annex III, Part B, taking account of information
that Member States provide, technical progress and prac-
tical experience gained in Member States.

If necessary, proposals for revision of the related provi-

3.
sions of this Directive shall accompany the report.

Article 21

(b) new recycling and treatment techniques;

Committee procedure

(c) economic

operators'
management schemes;

participation

in

environmental

The Commission shall be assisted by the Committee set

1.
up according to Article 18 of Directive 75/442/EEC.

(d) research in those fields; and

(e) measures taken to promote waste prevention.

4.
The report shall be made available to the Commission no
later than nine months after the end of the three-year period
concerned or,
in the case of the first report, no later than
… (**).

2. Where reference is made to this Article, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

(*) Six years after entry into force of this Directive.
(**) 81 months after entry into force of this Directive.

3.

The Committee shall adopt its Rules of procedure.

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Article 22

Penalties

Member States shall lay down rules on penalties applicable to
infringements of national provisions adopted pursuant to this
Directive and shall take all necessary measures to ensure that
they are implemented. The penalties provided for must be
effective, proportionate and dissuasive. Member States shall
notify those measures to the Commission by … (*) at the latest
and shall inform it without delay of any subsequent amend-
ment to them.

Article 23

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (*) at the latest.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. The methods
of making such reference shall be laid down by the Member
States.

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

Article 24

Voluntary agreements

1.
Provided that the objectives set out in this Directive are
achieved, Member States may transpose the provisions set out
in Articles 7, 12 and 17 by means of agreements between the
competent authorities and economic operators concerned. Such
agreements shall meet the following requirements:

2.
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

3.
made under such agreements is examined.

In cases of non-compliance with the agreements, Member
4.
States shall implement the relevant provisions of this Directive
by legislative, regulatory or administrative measures.

Article 25

Repeal

Directive 91/157/EEC is repealed with effect from … (*).

References to Directive 91/157/EEC shall be construed as refer-
ences to this Directive.

Article 26

Entry into force

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

Article 27

Addressees

This Directive is addressed to the Member States.

(a) they shall be enforceable;

Done at Brussels,

(b) they must specify objectives with the corresponding dead-

lines;

(c) they must be published in the national official journal or an
official document equally accessible to the public and trans-
mitted to the Commission.

For the European Parliament

The President

…

For the Council

The President

…

(*) 24 months after entry into force of this Directive.

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MONITORING OF COMPLIANCE WITH THE ARTICLE 9 COLLECTION TARGETS

ANNEX I

Year

Data collection

Calculation

Reporting
requirem-
ent

X (*) +1

-

X + 2

X + 3

X + 4

Sales in year 2 (S2)

Sales in year 3 (S3)

-

-

-

-

Sales in year 4 (S4)

Collection in year 4 (C4)

X + 5

Sales in year 5 (S5)

Collection in year 5 (C5)

X + 6

Sales in year 6 (S6)

Collection in year 6 (C6)

X + 7

Sales in year 7 (S7)

Collection in year 7 (C7)

X + 8

Sales in year 8 (S8)

Collection in year 8 (C8)

X + 9

Sales in year 9 (S9)

Collection in year 9 (C9)

Collection rate
(S2 + S3 + S4)
(Target set at 25 %.)

(CR4) = 3*C4/

Collection rate
(S3 + S4 + S5)

Collection rate
(S4 + S5 + S6)

Collection rate
(S5 + S6 + S7)

(CR5) = 3*C5/

CR4

(CR6) = 3*C6/

CR5

(CR7) = 3*C7/

CR6

Collection rate
(S6 + S7 + S8)
(Target set at 45 %.)

(CR8) = 3*C8/

CR7

Collection rate
(S7 + S8 + S9)

(CR9) = 3*C9/

CR8

X + 10

Sales in year 10 (S10)

Collection in year 10 (C10) Collection rate (CR10) = 3*C10/

CR9

(S8 + S9 + S10)

X + 11

Etc.

Etc.

Etc.

CR10

Etc.

(*) Year X is the year including the date mentioned in Article 23.

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SYMBOLS FOR BATTERIES, ACCUMULATORS AND BATTERY PACKS FOR SEPARATE COLLECTION

ANNEX II

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

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ANNEX III

DETAILED TREATMENT AND RECYCLING REQUIREMENTS

PART A: TREATMENT

1. Treatment shall, as a minimum, include removal of all fluids and acids.

2. Treatment and any storage, including temporary storage, at treatment facilities shall take place in sites with imperme-

able surfaces and suitable weatherproof covering or in suitable containers.

PART B: RECYCLING

3. Recycling processes shall achieve the following minimum recycling targets:

(a) recycling of 65 % by average weight of lead-acid batteries and accumulators, including recycling of the lead

content to the highest degree that is technically feasible while avoiding excessive costs;

(b) recycling of 75 % by average weight of nickel-cadmium batteries and accumulators, including recycling of the

cadmium content to the highest degree that is technically feasible while avoiding excessive costs; and

(c) recycling of 50 % by average weight of other waste batteries and accumulators.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Commission adopted its proposal (1)
November 2003.

for a new directive on batteries and accumulators in

The European Parliament adopted its first-reading opinion in April 2004.

The Committee of the Regions adopted its opinion in April 2004 (2). The Economic and Social
Committee adopted its opinion in May 2004 (3).

The Council adopted its common position on 18 July 2005.

II. OBJECTIVE

In accordance with Article 8 of Decision No 1600/2002/EC of the European Parliament and of the
Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (4), the
objective of the proposed Directive is:

— to restrict the disposal of waste batteries and accumulators,

— to reduce the volumes of hazardous batteries and accumulators produced, and

— to increase the level of collection and recycling of waste batteries and accumulators.

III. ANALYSIS OF THE COMMON POSITION

1. General

The common position incorporates the majority of the European Parliament's first-reading amend-
ments, either verbatim, in part or in spirit. In particular, it includes modifications to the Commis-
sion's original proposal that would tighten current restrictions on the use of heavy metals in
batteries and accumulators, provide for a review of the need to extend these restrictions, remove
the requirement for monitoring of municipal solid waste and base collection targets on past sales
figures.

However,
it does not reflect a number of amendments because the Council agreed with the
Commission that they were unnecessary and/or undesirable. In particular, the Council agrees with
the Commission that:

— amendment 9 is unacceptable as it would conflict with Directive 2002/96/EC on waste electrical

and electronic equipment (the WEEE Directive),

— amendments 2, 6, 18, 19, 41, 54, 63 and 65 are unnecessary and potentially confusing or diffi-

cult to implement,

— amendments 39, 45, 77, 92 and 101 are impracticable,

— amendments 32 and 55 deal with issues (deposit systems and the financing of information

campaigns) that it is not appropriate to regulate at Community level,

— amendments 25, 67 and 68 are not acceptable as it is not appropriate to seek to regulate fuel

cells through the proposed Directive.

The common position also includes a number of changes other than those envisaged in the Euro-
pean Parliament's first-reading opinion. The following sections describe the changes of substance. In
addition, there are drafting changes to clarify the text or to ensure the overall coherence of the
Directive.

(1) OJ C 96, 21.4.2004, p. 5.
(2) OJ C 121, 30.4.2004, p. 35.
(3) OJ C 117, 30.4.2004, p. 5.
(4) OJ L 242, 10.9.2002, p. 1.

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2. Subject matter, scope and definitions (Articles 1, 2 and 3)

The common position is partly consistent with European Parliament amendments 7 and 8, in that a
similar statement of the objectives of the Directive appears in recital 4.

Article 2 is broadly consistent with amendment 10, in that it clarifies the proposed exemption for
military batteries and accumulators and would exclude batteries and accumulators used in equip-
ment designed to be sent into space from the scope of the Directive. The wording of the exemption
for military batteries and accumulators is consistent with Article 296(1)(b) of the Treaty.

Article 2 also states that the Directive would apply without prejudice to Directive 2000/53/EC on
end-of life vehicles (the ELV Directive) and the WEEE Directive.

The definitions set out in Article 3 are fully consistent with amendments 11, 12, 14, 16 and 21.

Like amendment 85, the definitions in the common position seek to avoid overlap between the defi-
nitions of the three types of batteries and accumulators (portable, industrial and automotive). They
also aim at ensuring that the definitions collectively cover all batteries and accumulators. However,
in the common position the ‘portable’ rather than the 'industrial' category is the default one. The
common position also simplifies the definitions by removing the examples of portable and indus-
trial batteries and accumulators. Extended lists of examples appear instead in recitals 8 and 9. The
common position also clarifies that portable batteries and accumulators must be sealed.

The definition of ‘producer’ is partly consistent with amendment 20, in that it covers all batteries
and accumulators incorporated into appliances. The Council has simplified the definition so as to
ensure that, for each battery placed on the market within a Member State, there is an easily identifi-
able producer in that State. This is necessary in order to make the principle of producer responsi-
bility effective.

The common position is not consistent with amendment 22. It no longer contains a definition of
‘closed loop system’, since the Directive no longer uses this concept. However, other provisions in
the common position take on board the concern underlying the amendment by clarifying that inde-
pendent third parties may also collect batteries and accumulators for recycling.

The common position includes three new definitions compared to the Commission's original
proposal, to clarify the meaning of the terms ‘placing on the market’,
‘economic operators’ and
‘cordless power tool’.

3. Heavy metals (Article 4)

The common position is partly consistent with European Parliament amendments 23 and 82, in
that it provides for a cadmium ban, subject to exemptions, and for a review, the aim of which is to
consider the extension of the ban. However, the cadmium ban would not apply initially to cordless
power tools. There would be no restrictions on the use of lead. Moreover, the specific review
provided for in Article 4 would apply only to cordless power tools (although Article 20(2)(a)
provides for a further review of the desirability of further restrictions on the use of heavy metals in
general terms).

As a consequence, the common position contains no monitoring requirements for Member States
in relation to municipal solid waste. This is consistent with amendments 1 and 26.

4. Collection (Articles 6 to 9 and Annex I)

Article 6 of the common position states an overarching principle (to maximise the separate collec-
tion of batteries and accumulators and to minimise their disposal). This replaces the concept of a
closed loop system envisaged in the Commission's original proposal. The common position is there-
fore not consistent with European Parliament amendment 27.

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Article 7 seeks to clarify the minimum requirements for collection schemes for batteries and accu-
mulators and the flexibility for Member States to take account of national circumstances and
existing arrangements. It would exclude collection points from permitting requirements. It is consis-
tent with the aims of amendments 28, 108 and 30, 51 and 109, but not with amendments 29 and
47 (since a requirement for end-users to use collection facilities would be unenforceable).

Article 9 sets collection targets and provides a general power to lay down transitional arrangements
through comitology. (This replaces the rather complex rules on derogations from, and adaptations
to, the collection targets provided for in Article 14 of the Commission's original proposal.) It is
partly consistent with amendments 34 to 37, and consistent with the aims of amendment 66 and
69 to 76, in that it sets collection targets based on sales figures, there is no specific collection target
for nickel-cadmium batteries and the procedure for derogations is more transparent.

Member States would have to ensure the achievement of a collection rate equivalent to 25 % of
sales within 4 years of transposition of the Directive. The collection target would rise to 45 % 8
years after transposition. To ensure a level playing field, a common methodology for the calculation
of sales figures would have to be established through comitology. The table in Annex I clarifies
what Member States need to calculate, when and how.

5. Treatment, recycling and disposal (Articles 10 to 12 and Annex III)

The common position repackages the provisions on treatment, recycling and disposal, in particular
by moving detailed requirements and recycling targets to a new Annex III. This is appropriate since
it would be possible to amend the detailed requirements and targets through comitology in the
light of scientific and technical developments.

The scope, terminology and comitology provisions of Article 10 are broadly consistent with Euro-
pean Parliament amendments 43, 99 and 100. The common position is also partly consistent with
amendments 38 and 120, 40 and 95, in that the recitals clarify the meaning of best available tech-
nology, there are common provisions for treatment and recycling and Annex III requires the
removal of cadmium and lead during recycling to the highest degree that is technically feasible
while avoiding excessive costs.

In addition, the common position clarifies that the ban on the disposal of automotive and industrial
batteries and accumulators in landfill applies to whole batteries only and not to residues. Under
certain circumstances it would permit the disposal of collected portable batteries containing heavy
metals as part of a strategy to phase out heavy metals or when no viable end market is available,
which is partly consistent with amendment 33. It lowers the recycling target for batteries and accu-
mulators other then nickel-cadmium and lead-acid batteries from 55 to 50 %.

6. Financing (Articles 13 to 15)

The common position seeks to clarify the extent of battery producers' financial responsibilities. It
states, in particular, that there should be no double charging of producers that also contribute to
schemes set up under the ELV and WEEE Directives. By providing seeking to avoid overlap between
the different schemes it is consistent with the aim of European Parliament amendment 46. It is also
consistent with amendments 44 and 112 since in that it explicitly provides for producers to finance
the costs of collection and prohibits visible fees for end-users.

The common position contains only minimum requirements, so as to leave flexibility for national
schemes. There are no explicit provisions on historic waste. It is therefore not consistent with
amendments 48, 49, 50 and 103. However, Article 13 would apply to all batteries that become
waste after transposition of the Directive, whenever they were placed on the market.

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To provide additional flexibility, Article 15 would enable de minimis rules for small producers to be
established through comitology if the application of the rules on producer responsibility created
practical problems in the case of producers handling very small numbers of batteries or accumula-
tors.

7. Information for end-users (Articles 17 and 18 and Annex II)

The common position incorporates no major changes to the provisions on information for end-
users other than those necessary to give effect, in full or in part, to European Parliament amend-
ments 4, 52, 53, 56, 57, 59 to 62, 64 and 78 to 81. It does not incorporate amendments 5 or 58
because the Council does not believe that it is appropriate to require labelling to indicate the capa-
city of batteries and accumulators.

8. Report and review (Articles 19 and 20)

The common position separates the requirements on reporting and review. Consequently, while
there would be regular reports on the implementation of the Directive, only one general review
would be specified in the Directive.

9. Other

In addition the common position:

— contains, in place of the general and unenforceable exhortations to promote improved environ-
mental performance contained in Articles 5 and 17 of the Commission's original proposal,
concrete reporting requirements in Article 19(3) and general encouragement in the preamble
(which is partially consistent with European Parliament amendment 24),

— slightly defers the transposition date (Article 23), and

— limits the scope of voluntary agreements to collection schemes, exports and information for

end-users (Article 24).

IV. CONCLUSION

The Council believes that the common position represents a balanced package of measures that would
contribute to the protection of the environment without creating unjustified social or economic costs.
It looks forward to constructive discussions with the European Parliament with a view to the early
adoption of the Directive.