Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, as regards the implementing powers conferred on the Commission
Date: 2007-03-09
Institutions: European Commission
Subjects: European Commission, electricity storage device, electronic waste, environmental protection, powers of the institutions (EU), waste management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.3.2007 
COM(2007) 93 final 

2007/0036 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending 

Directive 2006/66/EC 
 on batteries and accumulators and waste batteries and accumulators, as regards the 
implementing powers conferred on the Commission 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

Adjustment  of  Directive  2006/66/EC  to  Council  Decision  2006/512/EC  (new  regulatory 
procedure with scrutiny) 

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise 
of  implementing  powers  conferred  on  the  Commission1,  has  been  amended  by  Council 
Decision 2006/512/EC of 17 July 20062. 

Article 5a of the amended Decision introduces a new regulatory procedure with scrutiny to be 
used  for  measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument,  adopted  under  co-decision,  including  by  deleting  some  of  those  elements  or  by 
supplementing the instrument by the addition of new non-essential elements. 

Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and 
repealing Directive 91/157/EEC was subject to third reading agreement by the co-legislators 
just prior to the entry into force of the new comitology decision.3 The Directive entered into 
force following publication in the Official Journal on 26 September 20064 and needs therefore 
now to be adjusted so as to include, when appropriate, references to the new regulatory 
procedure with scrutiny.  

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2 
3 
4 

OJ C 203, 17.7.1999, p. 1. 
OJ L 200, 22.7.2006, p. 11. 
EP third reading on 4.7.2006 and Council third reading on 18.7.2006 
OJ L 266, 26.9.2006, p. 1. 

EN 

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   EN 

 
                                                 
2007/0036 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending 

Directive 2006/66/EC 
 on batteries and accumulators and waste batteries and accumulators, as regards the 
implementing powers conferred on the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175, paragraph 1 thereof, 

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Having regard to the opinion of the Committee of the Regions7, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty8 

Whereas: 

(1) 

(2) 

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6 
7 
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9 
10 

Directive  2006/66/EC  of  the  European  Parliament  and  of  the  Council9  provides  that 
certain measures are to 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 Commission10. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a regulatory procedure with scrutiny for measures of general scope designed to amend 
non-essential elements of a basic instrument adopted in accordance with the procedure 
referred to in Article 251 of the Treaty, including by deleting some of those elements 
or by supplementing the instrument by the addition of new non-essential elements. 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 266, 26.9.2006, p. 1. 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

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(3) 

(4) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission11 on Decision 2006/512/EC, instruments which are already in force must 
be adjusted in accordance with the applicable procedures.  

In particular power should be conferred on the Commission to adapt Annex III and to 
adopt and revise detailed rules for labelling of batteries and accumulators. Since those 
measures  are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of 
Directive  2006/66/EC  and  to  supplement  this  Directive  by  the  addition  of  new  non-
essential  elements,  they  should  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(5) 

Directive 2006/66/EC should therefore be amended accordingly. 

(6) 

Since  the  amendments  to  be  made  to  Directive  2006/66/EC  are  adjustments  of  a 
technical nature which only concern the committee procedures, they do not need to be 
transposed by the Member States. It is therefore not necessary to lay down provisions 
to that effect. 

HAVE ADOPTED THIS DIRECTIVE:  

Directive 2006/66/EC is amended as follows: 

(1) 

In Article 10, paragraph 4 is replaced by the following: 

Article 1 

"Transitional  arrangements  may  be  laid  down  in  accordance  with  the  procedure 
referred  to  in  Article  24(2)  to  address  difficulties  faced  by  a  Member  State  in 
satisfying  the  requirements  of  paragraph  2  as  a  result  of  specific  national 
circumstances. 

A  common  methodology  shall  be  established  for  the  calculation  of  annual  sales  of 
portable  batteries  and  accumulators  to  end-users  by  26  September  2007.  That 
measure,  designed 
this  Directive  by 
to  amend  non-essential  elements  of 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 24(3)."  

(2) 

In Article 12, paragraph 6, the first sentence is replaced by the following: 

"6.  Annex  III  may  be  adapted  or  supplemented  to  take  account  of  technical  or 
scientific  progress.  Those  measures,  designed  to  amend  non-essential  elements  of 
this  Directive,  shall  be  adopted  in  accordance  with  the  regulatory  procedure  with 
scrutiny referred to in Article 24(3)." 

(3) 

Article 17 is replaced by the following: 

11 

OJ C 255, 21.10.2006, p.1. 

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"Article 17 

Registration 

Member  States  shall  ensure  that  each  producer  is  registered.  Registration  shall  be 
subject  to  the  same  procedural  requirements  in  each  Member  State.  Such 
requirements  for  registration,  designed  to  amend  non-essential  elements  of  this 
Directive by supplementing it, shall be established in accordance with the regulatory 
procedure with scrutiny referred to in Article 24(3)." 

(4) 

Article 21 is amended as follows: 

(a) 

Paragraph 2 is replaced by the following: 

"2.  Member  States  shall  ensure  that  the  capacity  of  all  portable  and  automotive 
batteries  and  accumulators  is  indicated  on  them  in  a  visible,  legible  and  indelible 
form  by  26  September  2009.  Detailed  rules  for  the  implementation  of  this 
requirement,  including  harmonised  methods  for  the  determination  of  capacity  and 
appropriate  use,  shall  be  laid  down  no  later  than  26  March  2009.  Those  measures, 
designed to amend non-essential elements of this Directive by supplementing it, shall 
be adopted in accordance with the regulatory procedure with scrutiny referred to in 
Article 24(3)." 

(b) 

Paragraph 7 is replaced by the following: 

"7. Exemptions from the labelling requirements of this Article may be granted. Those 
measures,  designed 
this  Directive  by 
to  amend  non-essential  elements  of 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 24(3)." 

(5) 

In Article 24, paragraph 3 is replaced by the following: 

"3. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof." 

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

Article 2 

Article 3 

This Directive is addressed to the Member States. 

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Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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