CELEX: 51989PC0454
Language: en
Date: 1989-11-06
Title: MODIFIED PROPOSAL FOR A COUNCIL DIRECTIVE ON BATTERIES AND ACCUMULATORS CONTAINING DANGEROUS SUBSTANCES

No C 11/6                            Official Journal of the European Communities                               17. 1. 90
                                                            II
                                                    (Preparatory Acts)
                                               COMMISSION
             Amended proposal for a Council Directive on batteries and accumulators containing dangerous
                                                      substances (')
                                              COM(89) 454 final — SYN 170
             (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 9 November
                                                           1989)
                                                      (90/C 11/07)
             (') OJ No C 6, 7. 1. 1989, p. 3.
                       ORIGINAL TEXT                                                  AMENDED TEXT
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European           Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a              Economic Community, and in particular Article 100a
thereof,                                                        thereof,
Having regard to the proposal from the Commission,              Having regard to the proposal from the Commission,
In cooperation with the European Parliament,                    In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                Having regard to the opinion of the Economic and
Social Committee,                                               Social Committee,
Whereas the general rules on waste disposal laid down           Whereas the general rules on waste disposal laid
by Council Directive 75/442/EEC (*) apply to spent              down by Council Directives 75/442/EEC (') and
batteries and accumulators,                                     78/319/EEC (2), as last amended by the Act of
                                                                Accession of Spain and Portugal, apply to spent batteries
                                                                and accumulators in so far as the present Directive does
                                                                not provide more specific rules;
(') OJ No L 194, 25. 7. 1975, p. 47.                            (') OJ No L 194, 25. 7. 1975, p. 47.
                                                                O OJ No L 84, 31. 3. 1978, p. 43.
 ---pagebreak---  17. 1. 90                             Official Journal of the European Communities                               No C 11/7
                         ORIGINAL TEXT                                                      AMENDED TEXT
Whereas one Member State has notified the Commission             Whereas one Member State has notified the Commission
that it intends to adopt binding measures on the marking         that it intends to adopt binding measures on the marking
 and disposal of batteries and accumulators containing            and disposal of batteries and accumulators containing
dangerous substances and others are considering the              dangerous substances and others are considering the
 subject; whereas any disparity between the laws or              subject;
 administrative measures adopted by the Member States
could create barriers to trade and distort competition in
the Community and can thereby have a direct impact on
the establishment and functioning of the internal market;
whereas it therefore appears necessary to proceed with
approximation of the laws in this field;
                                                                 Whereas any disparity between the laws or adminis-
                                                                 trative measures adopted by the Member States could
                                                                 create barriers to trade and distort competition in the
                                                                 Community and can thereby have a direct impact on the
                                                                 establishment and functioning of the internal market;
                                                                 whereas it therefore appears necessary to proceed with
                                                                 approximation of the laws in this field;
Whereas the objectives and principles of the                     Whereas the objectives and principles of the
Community's environment policy, as set out in the                Community's environment policy, as set out in the
European Community Action Programmes on the Envi-                European Community Action Programmes on the Envi-
ronment (*), aim in particular, at preventing, reducing          ronment O , on the basis of the principles enshrined in
and as far as possible eliminating pollution and ensuring        Article 130r (1) and (2) of the Treaty aim, in particular,
sound management of raw material resources;                      at preventing, reducing and as far as possible eliminating
                                                                 pollution, particularly at source and ensuring sound
                                                                 management of raw materials resources, on the basis also
                                                                 of the 'polluter pays' principle;
Whereas in order to achieve these objectives Member              Whereas in order to achieve these objectives Member
States must take measures on, inter alia, the marking of         States must take measures on, inter alia, the marking of
batteries and accumulators in line with the rules laid           batteries and accumulators in line with the rules laid
down in this Directive; whereas when drafting these              down in this Directive; whereas when drafting these
rules the Commission has taken as a base a high level of         rules the Commission has taken as a base a high level of
protection for the environment;                                  protection for the environment;
Whereas a high level of protection for the environment           Whereas a high level of protection for the environment
should be achieved, in the light of scientific and technical     should be achieved, in the light of scientific and technical
progress, by prohibiting the marketing of batteries              progress, by prohibiting the marketing of alkaline
containing more than 0,30 % of mercury by weight;                manganese batteries containing more then 0,10 % of
                                                                 mercury by weight;
Whereas a large proportion of spent batteries and accu-          Whereas a large proportion of spent batteries and accu-
mulators containing mercury, cadmium or lead are                 mulators containing mercury, cadmium or lead are
thrown away without any particular precautions and end           thrown away without any particular precautions and end
up either on public landfills or in an incinerator, whereas      up either on public landfills or in an incinerator; whereas
these heavy metals are key components in batteries and           these heavy metals are key components in batteries and
accumulators but are toxic and,                consequently,     accumulators but are toxic and,                consequently,
dangerous;                                                       dangerous;
(') OJ No C 112, 20. 12. 1973, p. 1,                             (') OJ No C 112, 20. 12. 1973, p. 1,
    O J N o C 139, 13.6. 1977, p. 1,                                 OJ No C 139, 13. 6. 1977, p. 1,
    OJ No C 46, 17. 2. 1983, p. 1,                                   O J N o C 4 6 , 17.2. 1983, p. 1,
    OJ No C 70, 18. 3. 1987, p. 3.                                   O J N o C 7 0 , 18.3. 1987, p. 1.
 ---pagebreak--- N o C 11/8                             Official Journal of the European Communities                                17. 1. 90
                       ORIGINAL TEXT                                                      AMENDED TEXT
Whereas collection and recycling of spent batteries and          Whereas collection and recyling of spent batteries and
accumulators can help save raw materials;                        accumulators can help save raw materials;
Whereas the Commission must be notified of the drafts            Whereas the Commission must be notified of the drafts
of these measures so that it can examine them and, if            of these measures so that it can examine them and, if
necessary, request the Member States to defer their              necessary, request the Member States to defer their
introduction;                                                    introduction;
Whereas in view of the various aspects of the problem            Whereas in view of the various aspects of the problem
posed by batteries and accumulators adequate measures            posed by batteries and accumulators adequate measures
should be taken to reduce the pollution hazard,                  should be taken to reduce the pollution hazard,
HAS ADOPTED THIS DIRECTIVE:                                      HAS ADOPTED THIS DIRECTIVE:
                         Article 1                                                          Article 1
The objective of this Directive is to approximate the laws       The objective of this Directive is to approximate the laws
of the Member States on the controlled disposal of               of the Member States on the controlled disposal of spent
batteries and accumulators containing the dangerous              batteries and accumulators containing the dangerous
substances listed in the Annex.                                  substances listed in Annex I.
                         Article 2                                                          Article 2
For the purposes of this Directive:                              For the purposes of this Directive:
(a) 'battery or accumulator': means a source of electrical       (a) 'battery or accumulator' means a source of   electrical
    energy generated by direct conversion of chemical                energy generated by direct conversion of      chemical
    energy and consisting of one or more primary                     energy and consisting of one or more           primary
    (non-rechargeable) or secondary (rechargeable) cells,            (non-rechargeable) batteries or secondary      (rechar-
    as listed in the Annex;                                          geable) cells, as listed in Annex I;
(b) 'spent battery and accumulator' means a battery or           (b) 'spent battery and accumulator' means a battery or
    accumulator which is not reusable or intended for                accumulator which is not reusable and is intended
    disposal;                                                        for disposal;
(c) 'disposal' means the collection, sorting and carriage        (c) 'disposal' means the collection, and sorting of spent
    of spent batteries and accumulators and their storage            batteries and accumulators and their carriage to:
    above or under ground and any conversion
                                                                     — a permanent storage site above or under ground,
    operations necessary for recycling;                                  or
                                                                     — recycling plants;
(d) 'recycling' means processing to recover the secondary        (d) 'recycling' means processing to recover the secondary
    raw materials contained in spent batteries and                   raw materials contained in spent batteries and
    accumulators;                                                    accumulators;
(e) 'deposit system' means a system under which the              (e) 'deposit system' means a system under which the
    buyer pays the seller a sum of money which is                    buyer pays the seller a sum of money which is
    refunded when the spent battery or accumulator is                refunded when the spent battery or accumulator is
    returned.                                                        returned.
 ---pagebreak---  17. 1. 9C                           Official Journal of the European Communities                               No C 11/9
                      ORIGINAL TEXT                                                   AMENDED TEXT
                        Article 3                                                        Article 3
 Member States shall prohibit the marketing of alkaline         Member States shall prohibit the marketing of alkaline
 manganese batteries containing more than 0,30 % of             manganese batteries containing more than 0,10 °/o of
mercury by weight as from 1 January 1993.                       mercury by weight as from 1 January 1993. Alkaline
                                                                manganese button cells and batteries composed of button
                                                                cells shall be exempted from this prohibition.
                                                                In conformity with Article 12, the value of C,10 % of
                                                                mercury and the derogations should be re-examined with
                                                                a view to adaptation to technical progress.
                        Article 4                                                        Article 4
The Member States shall take appropriate measures       to     Member States shall take appropriate measures to ensure
ensure that batteries and accumulators are marked       to     that batteries and accumulators are marked to indicate
indicate whether the battery or accumulator must        be     whether the battery or accumulator must be disposed of
disposed of separately, can be recycled or may          be     separately, can be recycled or may be disposed of with
disposed of with household refuse.                             household refuse.
This marking must appear on the battery or accumulator         This marking must appear on the battery or accumulator
and, where appropriate, on any appliance into which it is      and, where appropriate, on any appliance into which it is
built.                                                         built.
The marking shall correspond to symbol ISO 7000-1135,          The marking shall correspond to symbol ISO 7C00-1135,
consisting of a light-coloured square containing three         consisting of a light-coloured square containing three
black-outlined arrows. Each battery and accumulator            black-outlined arrows. Each battery and accumulator
must contain two symbols, on opposite sides, thus              must contain two symbols, on opposite sides, thus
ensuring immediate visibility.                                 ensuring immediate visibility. Symbol ISO 700C ! 135 is
                                                               illustrated in Annex II.
The size of each symbol should be 3 % of the total area,       The size of each symbol should be 3 % of the total area,
with a maximum dimension of 5 cm by 5 cm; if a battery         with a maximum dimension of 5 cm by 5 cm; if a battery
is so small that 3 % of the total area is smaller than 0,5     or accumulator is so small that 3 % of the total area is
cm by 0,5 cm, one symbol of 1 cm by 1 cm shall be              smaller than 0,5 cm by 0,5 cm, one symbol of 1 cm by
displayed on the package instead of the two symbols on         1 cm shall be displayed on the package instead of the
the battery.                                                   two symbols on the battery or accumulator.
                        Article 5                                                       A^icle 5
Member States shall take measures to ensure that               Member States shall taxe m?asures ti r jre that, where
batteries and accumulators may be built into appliances        technically possible, battenes and acc-nalators may be
only if they can be readily removed by the consumer            built into appliances only if they can be readily removed,
without the aid of special tools.                              when the appliances are disposed of, by the consumer
                                                               without the aid of special tools.
 ---pagebreak--- N o C 11/10                            Official Journal of the European Communities                                   17. 1.90
                       ORIGINAL TEXT                                                     AMENDED TEXT
                          Article 6                                                         Article 6
In order to protect the environment against the hazards          In order to protect the environment against the hazards
posed by batteries and accumulators, action taken by the         posed by the substances contained in batteries and accu-
Member States in the field covered by this Directive shall       mulators, action taken by the Member States in the field
pursue the following objectives:                                 covered by this Directive shall pursue the following
                                                                 objectives:
    reduction of the heavy-metal content in batteries and             reduction of the heavy-metal content in batteries and
    accumulators,                                                     accumulators,
    promotion of marketing of batteries and accumu-                   promotion of marketing of batteries and accumu-
    lators with a smaller dangerous-substance content,                lators containing smaller quantities of dangerous
                                                                      substances and/or less polluting substances,
    reduction of the incidence of spent batteries and                 gradual reduction, in household waste, of spent
    accumulators in wastes disposed of at household                   batteries and accumulators,
    waste-disposal plants,
    promotion of research aimed at reducing the                       promotion of research aimed at reducing the
    dangerous-substance content in batteries and accu-                dangerous-substance content and favouring the use
    mulators and at the recycling thereof,                            of less polluting substitute substances in batteries and
                                                                      accumulators, and research into methods of
                                                                      recycling,
    separate disposal of spent batteries and accumulators.            separate disposal of spent batteries and accumulators.
                          Article 7                                                         Article 7
Member States shall ensure the efficient organization of          Member States shall ensure the efficient organization of
disposal, including the setting-up of a deposit system,           disposal, including the setting-up of a deposit system,
where appropriate.                                               where appropriate. Such deposit schemes must be
                                                                  introduced after consultation with producers of batteries
                                                                  and accumulators, must be based on valid environmental
                                                                  and economic objectives and will be closely monitored
                                                                  by the Commission to ensure that they do not give rise
                                                                  to distortions of trade.
                          Article 8                                                         Article 8
Member States shall ensure that consumers are informed            Member States shall ensure that consumers are fully-
about:                                                            informed about:
(a) the danger of uncontrolled disposal of spent batteries        (a) the danger of uncontrolled disposal of spent batteries
     and accumulators;                                                 and accumulators;
(b) the marking of batteries, accumulators and                    (b) the marking of batteries, accumulators and
     appliances with built-in batteries and accumulators;              appliances with built-in batteries and accumulators;
(c) the choice of types of battery and accumulator                (c) the types of battery and accumulator available;
     available;
(d) the method of removing batteries and accumulators             (d) the method of removing batteries and accumulators
     which are built into appliances;                                  which are built into appliances;
(e) where appropriate, the reasons for           charging  a      (e) where appropriate, the reasons for          charging   a
     deposit and the amount charged.                                   deposit and the amount charged.
 ---pagebreak--- 17. 1. 90                            Official Journal of the European Communities                             N o C 11/11
                       ORIGINAL TEXT                                                   AMENDED TEXT
                         Article 9                                                        Article 9
Member States shall draw up disposal and recycling              Member States shall draw up disposal and recycling
programmes in order to achieve the objectives laid down        programmes in order to achieve the objectives laid down
in Article 6.                                                   in Article 6.
The first programmes shall cover a four-year period            The first programmes shall cover a for-year period
starting on 1 January 1990. They shall be submitted to          starting on [1 January 1990]. They shall be submitted to
the Commission by 1 July 1989 at the latest.                    the Commission by [1 July 1989] at the latest.
The programmes shall be reviewed and updated                   The programmes shall be reviewed and updated
regularly, at least every four years, in particular, in the     regularly, at least every four years, in particular, in the
light of technical progress and of the economic situation.      light of technical progress and of the economic and envi-
The revised programmes shall also be submitted to the           ronmental situation. The revised programmes shall also
Commission in good time.                                        be submitted to the Commission in good time.
The programmes shall contain at least measures for:            The programmes shall contain at least measures for:
— promotion of treatment processes allowing greater            — promotion of treatment processes allowing greater
    recycling,                                                      recycling,
— separate collection of spent batteries and accumu-           — separate collection of spent batteries and accumu-
    lators,                                                         lators,
— separate disposal of spent batteries and accumulators.       — separate disposal of spent batteries and accumulators.
                         Article 10                                                      Article 10
By way of derogation from Article 11 of Directive               Notwithstanding Article 11 of Directive 75/442/EEC,
75/442/EEC, Member States shall take measures to                Member States shall take measures to ensure that the
ensure that the cost of disposing of batteries and accu-        cost of disposing of batteries and accumulators, less any
mulators, less any proceeds from recycling, shall be            proceeds from recycling, shall be borne by the importer
borne by the importer into the Community of the                 into the Community of the batteries and accumulators or
batteries and accumulators or by the manufacturer.              by the manufacturer.
                                                                Such levies must be notified to the Commission with a
                                                               view to ensuring that they do not contain any element
                                                                likely to distort trade.
                         Article 11                                                      Article 11
Member States shall not impede, prohibit or restrict the        Member States shall not impede, prohibit or restrict the
marketing of batteries and accumulators covered by this         marketing of batteries and accumulators covered by this
Directive and conforming to the provisions laid down            Directive and conforming to the provisions laid down
therein, with the exception of batteries covered by            therein, with the exception of batteries covered by
Article 3.                                                     Article 3.
                         Article 12                                                      Article 12
The Commission shall adapt Article 4 and the Annex to          The Commission shall adapt Articles 3 and 4 and
this Directive to technical progress in accordance with        Annex I to technical progress in accordance with the
the procedure set out in Article 12c of Directive              procedure set out in Article 12c of Directive
75/442/EEC.                                                    75/442/EEC.
 ---pagebreak--- N o C 11/12                               Official Journal of the European Communities                                      17. 1.90
                          ORIGINAL TEXT                                                       AMENDED TEXT
                             Article 13                                                          Article 13
 1.     Member States shall take the measures necessary to           1.    Member States shall take the measures necessary to
comply with this Directive by 1 July 1989. They shall               comply with this Directive by [1 July 1989]. They shall
inform the Commission thereof forthwith.                            inform the Commission thereof forthwith.
                                                                    The provisions adopted pursuant to the first
                                                                    subparagraph shall make express reference to this
                                                                    Directive.
2.      Member States shall communicate the texts of the            2.     Member States shall communicate the texts of the
national laws and regulations which they adopt in the               national laws and regulations which they adopt in the
field covered by this Directive. The Commission shall               field covered by this Directive. The Commission shall
inform the other Member States thereof.                             inform the other Member States thereof.
                             Article 14                                                          Article 14
This Directive is addressed to the Member States.                   This Directive is addressed to the Member States.
                              ANNEX                                                             ANNEX I
                          ORIGINAL TEXT                                                       AMENDED TEXT
                    Batteries and accumulators                                          Batteries and accumulators
This Directive applies to:                                          This Directive applies to:
1. all batteries and accumulators put on the market after this      1. all batteries and accumulators put on the market after [1 July
    Directive enters into force and containing more than 25 mg          1989] and containing more than 25 mg of mercury per cell,
    of mercury per cell, except manganese batteries;                    except alkaline manganese batteries;
2. alkaline manganese batteries containing:                         2. alkaline manganese batteries containing:
    — from 1 July 1989, more than 0,30 % mercury by weight,             — from [1 July 1989], more than 0,30 % mercury by
    — from 1 January 1991, more than 0,15 % mercury by                     weight,
        weight,                                                         — from [1 January 1991], more than 0,10 % mercury by
    — from 1 January 1993, more than 0,10 % mercury by                     weight,
        weight.                                                         — from [1 January 1993], more than 0,025 % mercury by
                                                                           weight,
3. from 1 July 1989, batteries and accumulators containing          3. from [1 July 1989], batteries and accumulators containing
    more than 0,025 % cadmium by weight;                                more than 0,025 % cadmium by weight;
4. batteries and accumulators containing more than 0,4 % of         4. from [1 July 1989], batteries and accumulators containing
    lead.                                                               more than 0,4 % lead by weight.
 ---pagebreak--- 17. 1. 90 Official Journal of the European Communities N o C 11/13
                             ANNEXE II
                          (Amended Text)
                    Recycle Symbol ISO 7000-1135