Directive 2008/103/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placing batteries and accumulators on the market (Text with EEA relevance)
Date: 2008-11-19
Institutions: Council of the European Union, European Parliament
Subjects: electricity storage device, electronic waste, environmental protection, marketing, waste management, withdrawal from the market

5.12.2008

EN

Official Journal of the European Union

L 327/7

DIRECTIVES

DIRECTIVE 2008/103/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 November 2008

amending Directive 2006/66/EC on batteries

and accumulators

and waste batteries

and

accumulators as regards placing batteries and accumulators on the market

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

HAVE ADOPTED THIS DIRECTIVE:

Having regard to the Treaty
Community, and in particular Article 95(1) thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

Article 6(2) of Directive 2006/66/EC (3)
should be
clarified in order that batteries and accumulators which
were legally placed on the market anywhere in the
Community before 26 September 2008 and which do
not comply with that Directive can remain on the market
in the Community after this date. This clarification would
provide legal certainty for batteries placed on the market
in the Community and would ensure the smooth func­
tioning of the internal market. The clarification is in line
with the principle of waste minimisation and would
contribute to reducing administrative burdens.

(2)

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

(1) Opinion delivered on 9 July 2008 (not yet published in the Official

Journal).
(2) Opinion of

published in the Official
20 October 2008.

(3) OJ L 266, 26.9.2006, p. 1.

the European Parliament of 9 July 2008 (not yet
and Council Decision of

Journal)

Article 1

Amendment to Directive 2006/66/EC

Article 6(2) of Directive 2006/66/EC shall be replaced by the
following:

‘2. Member States shall take the necessary measures to
ensure that batteries or accumulators which do not meet
the requirements of this Directive are not placed on the
market after 26 September 2008.

and accumulators which do not meet

Batteries
the
requirements of this Directive and which are placed on the
market after this date shall be withdrawn from the market.’

Article 2

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 5 January 2009.

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

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

Entry into force

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

L 327/8

EN

Official Journal of the European Union

5.12.2008

This Directive is addressed to the Member States.

Article 4

Addressees

Done at Strasbourg, 19 November 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J.-P. JOUYET