REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND TO THE COUNCIL on the exemption from the ban on cadmium granted for portable batteries and accumulators intended for use in cordless power tools
Date: 2010-12-02
Institutions: European Commission
Subjects: approximation of laws, electricity storage device, environmental protection, marketing, marketing restriction, quality of the environment, waste management

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EUROPEAN COMMISSION 

Brussels, 2.12.2010 
COM(2010) 698 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
TO THE COUNCIL 

on the exemption from the ban on cadmium granted for portable batteries and 
accumulators intended for use in cordless power tools  

pursuant to Article 4(4) of Directive 2006/66/EC of 6 September 2006 on batteries and 
accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC

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INTRODUCTION  
The  Batteries  Directive  (Directive  2006/66/EC1)  seeks  to  improve  the  environmental 
performance  of  batteries  and  accumulators  and  of  the  activities  of  all  operators  involved  in 
their  life-cycle.  It  lays  down  specific  rules  on  placing  batteries  and  accumulators  on  the 
market  and  on  collection,  treatment,  recycling  and  disposal  of  waste  batteries  and 
accumulators.  In  particular,  it  prohibits  placing  on  the  market  batteries  and  accumulators 
containing mercury and cadmium.  

This prohibition applies above set thresholds and is subject to a number of exemptions. One 
specific  exemption,  laid  down  in  Article  4(3)(c)  of  the  Directive,  is  for  use  of  cadmium  in 
portable  batteries  and  accumulators  intended  for  use  in  cordless  power  tools  (CPTs).  This 
exemption is discussed in this report. Examples of CPTs include tools used by consumers and 
professionals  for  turning,  milling,  sanding,  grinding,  sawing,  cutting,  shearing,  drilling, 
making  holes,  punching,  hammering,  riveting,  screwing,  polishing  or  similar  processing  of 
wood, metal and other materials or for mowing, cutting and other gardening activities.  

Article  4(4)  of  the  Directive  requires  the  Commission  to  review  the  exemption  granted  by 
Article  4(3)(c)  and  to  submit  a  report  to  the  European  Parliament  and  to  the  Council  by 
26 September  2010.  The  report  is  to  be  accompanied  by  relevant  proposals  with  a  view  to 
prohibiting  cadmium  in  batteries  and  accumulators,  if  appropriate.  In  this  report,  the  term 
‘batteries’ is used to mean both portable batteries and accumulators. 

INFORMATION GATHERED TO ASSESS THE EXEMPTION 

In  preparation  for  potential  proposals  for  legislation  concerning  the  exemption,  the 
Commission  gathered  evidence  on  the  advantages  and  disadvantages  of  possible  policy 
options,  including  their  economic,  social  and  environmental  impact,  in  line  with  its  impact 
assessment guidelines2.  

In  2003  the  Commission  published  the  ‘Impact  assessment  on  selected  policy  options  for 
revision  of  the  Batteries  Directive’3,  carried  out  by  Bio  Intelligence  Service,  in  order  to 
prepare  the  review  of  the  old  Batteries  Directive  (Directive  91/157/EEC,  subsequently 
repealed  by  Directive  2006/66/EC).  The  experts  stated  that,  in  the  case  of  portable  nickel-
cadmium (NiCd) batteries and the related local risks, a calculation of risk factors data did not 
rule out the relevance of a ban on use of cadmium. However, no viable substitutes for portable 
NiCd  batteries  in  CPTs  appeared  to  be  available  at  the  time  of  the  report.  Collection  and 
recycling  rates  for  portable  NiCd  batteries,  along  with  enforcement  of  existing  regulations 
applicable to incinerators and landfill facilities, were described as other significant factors in 
reducing local risks.  

New information, going beyond that available in 2006 when the Directive was adopted, has 
been generated since then, especially by the European Union Risk Assessment Report (RAR, 
2008),  a  study  entitled  ‘Cadmium  in  power  tool  batteries’  published  by  the  Swedish 

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OJ L 266, 26.9.2006, p. 1. Directive as last amended by Directive 2008/103/EC (OJ L 327, 5.12.2008, 
pp. 7–8). 
See http://ec.europa.eu/governance/impact/commission_guidelines/docs/iag_2009_en.pdf. 
See http://ec.europa.eu/environment/waste/batteries/pdf/eia_batteries_final.pdf. 

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Environmental Protection Agency (2009) and a specific study ordered by the Commission in 
2009 in order to synthesise and assess the information available. 

In 2008 the Commission published a Risk Assessment Report4 (RAR) on the risks to human 
health  and  the  environment  from  substances  containing  cadmium  (i.e.  cadmium  metal  and 
cadmium oxide). The RAR found that in the European Union cadmium is used mainly in the 
manufacture of NiCd batteries. The assessment of the risks showed a need for further specific 
measures  to  limit  the  risks  to  workers  and  the  environment  from  exposure  to  cadmium. 
However, the RAR, like the related EU risk  reduction strategy for  cadmium  adopted by  the 
Commission in 20085, did not identify any need for further measures to address the potential 
risks  associated  with  placing  on  the  market,  handling,  recycling  and  disposing  of  NiCd 
batteries.  

In  2009  the  Swedish  Environmental  Protection  Agency  published  a  report  on  ‘Cadmium  in 
power tool batteries - The possibility and consequences of a ban’6. The report stated that it is 
possible to replace NiCd batteries in power tools. In particular, development of one alternative 
technology - lithium-ion (Li-ion) batteries - has progressed extremely rapidly over the last few 
years.  The  different  types  of  battery  technologies  all  have  advantages  and  disadvantages. 
Today  Li-ion  and  nickel-metal  hydride  (NiMH)  are  fully  competitive  alternatives  to  NiCd 
battery technologies, in terms of both price and performance.  

In  2009  the  Commission  ordered  a  synthesis  study  to  assist  it  with  the  review  of  the 
exemption. The study was published on the DG ENV website7 in March 2010. The objective 
was to assess the available data and information and to identify and address remaining needs 
for  a  review  of  the  exemption.  The  available  data  indicated  that  it  could  be  technically 
feasible  today  to  replace  NiCd  batteries  by  existing  Li-ion  and  NiMH  battery  technologies, 
with certain reservations in applications where the temperature lies below 0°C.  

The contractors attempted to calculate the economic and social impact of a possible ban for 
CPTs,  but  ran  into  great  difficulties  in  estimating  the  health  and  environmental  benefits. 
Taking only the well-founded annual costs and benefits into account, the annual benefits are 
estimated  to  be  about  equal  to  the  costs.  The  available  data  are  highly  uncertain  today  to 
identify the possible health and environmental benefits. A comparative life-cycle assessment 
of the three main battery technologies in question does not yet exist, but is needed in order to 
complete a comprehensive cost-benefit analysis for the review of the exemption.  

STAKEHOLDER CONSULTATION BY THE COMMISSION 

The  Commission  organised  an  on-line  public  stakeholder  consultation  from  10  March  to 
10 May 2010, based on the synthesis study published. Stakeholders were invited to give their 

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See the EU Risk Assessment Report (RAR) on Cd and CdO at: 
http://ecb.jrc.ec.europa.eu/DOCUMENTS/Existing-
Chemicals/RISK_ASSESSMENT/REPORT/cdmetalreport303.pdf. 
See the Commission Communication on the results of the risk evaluation and the risk reduction 
strategies for the substances cadmium metal and cadmium oxide at: 
http://ecb.jrc.ec.europa.eu/DOCUMENTS/Existing-
Chemicals/RISK_ASSESSMENT/OJ_RECOMMENDATION/ojrec7440439.pdf. 
See http://www.naturvardsverket.se/Documents/publikationer/978-91-620-5901-9.pdf. 
ESWI study (2010) available at: 
http://ec.europa.eu/environment/waste/batteries/pdf/cadmium_report.pdf. 

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views on the environmental, social and economic impact that might result from any future ban 
on cadmium in portable batteries and accumulators intended for use in cordless power tools. 
They  were  invited  to  make  additional  comments  and  to  provide  technical  and  scientific 
evidence on the exemption. 

Some stakeholders favoured withdrawal of the exemption for use of NiCd batteries in cordless 
power tools, since they viewed the economic costs as minimal and the environmental benefits 
as substantial in the long term. Others opposed withdrawal of the exemption and underlined 
that  the  data  on  the  economic,  environmental  and  social  impact  do  not  justify  withdrawal. 
Overall,  the  stakeholder  consultation  confirmed  the  need  for  a  comparative  life-cycle 
assessment  in  order  to  provide  a  firm  basis  for  the  cost-benefit  analysis.  A  summary  of  the 
stakeholders’ comments is available on the DG ENV website8.  

CONCLUSION 

Article  4(4)  of  the  Directive  requires  the  Commission  to  review  the  exemption  granted  by 
Article  4(3)(c)  and  to  submit  a  report  to  the  European  Parliament  and  to  the  Council  by 
26 September  2010.  The  report  is  to  be  accompanied  by  relevant  proposals  with  a  view  to 
prohibiting cadmium in batteries and accumulators, if appropriate. 

A study carried out for the Commission in 2003 concluded that no viable substitutes for the 
exemption  existed  at  the  time.  In  the  meantime,  new  information  has  become  available, 
including  a  new  Risk  Assessment  Report,  a  report  from  the  Swedish  Environmental 
Protection  Agency  and  a  study  for  the  Commission  synthesising  the  information  available. 
Today  Li-ion  and  NiMH  appear  fully  competitive  alternatives  to  NiCd  battery  technology, 
albeit  with  certain  advantages  and  disadvantages.  While  withdrawal  of  the  exemption  could 
possibly  yield  substantial  environmental  and  health  benefits,  estimation  of  the  benefits  is 
highly  uncertain.  It  cannot  currently  be  demonstrated  that  the  benefits  of  withdrawing  the 
exemption would clearly outweigh the costs. 

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Results of stakeholder consultation: http://ec.europa.eu/environment/consultations/batteries_en.htm. 

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The  studies  available  and  the  discussion  with  and  between  stakeholders  all  suffer  from  the 
lack of substantive comparative data on the impact of the battery types available for cordless 
power tools. Only a comparative life-cycle assessment of the three main alternatives can lay 
the  foundation  for  a  sound  impact  assessment  on  the  exemption  and  dispel  the  current 
uncertainty.  

The  Commission  concludes  that  at  this  juncture  it  is  not  appropriate  to  bring  forward 
proposals  to  withdraw  the  exemption  for  cordless  power  tools  from  the  ban  on  cadmium  in 
batteries  and  accumulators.  Any  proposal  for  legislation  on  this  matter,  based  on  an  impact 
assessment in line with Commission policy, would require comparable technical and scientific 
information on the costs and benefits of cadmium and its substitutes in portable batteries and 
accumulators  for  CPTs.  The  Commission  will  therefore  order  a  comparative  life-cycle 
analysis, generating this information beyond the existing scientific literature and including a 
peer review, as required by scientific quality standards. Based on that information and in line 
with Article 4(4) of the Batteries Directive (Directive 2006/66/EC), the Commission will, if 
appropriate, then proceed with proposals for legislation with a view to prohibiting cadmium in 
batteries and accumulators in CPTs by withdrawing the existing exemption.  

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