CELEX: 51988PC0672
Language: en
Date: 1988-12-01
Title: Proposal for a COUNCIL DIRECTIVE ON BATTERIES AND ACCUMULATORS CONTAINING DANGEROUS SUBSTANCES (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 672
Vol. 1988/0222
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(88 ) 672 final SYN 170
                                                  Brussels , 1 December 1988
                             Proposai for a
                           COUNCIL DIRECTIVE
   ON BATTERIES AND ACCUMULATORS CONTAINING DANGEROUS SUBSTANCES
                   (presented by the Commission )
                            ij c .
 ---pagebreak---                                                                             éWvt b
                                     EXPLANATORY MEMORANDUM
I. General
1.      This proposal for a Directive on batteries and accumulators containing
        dangerous substances forms part of the Community waste management
        programme designed to protect the environment and help complete the
        internal market . The three primary obiectives of the proposal are the
        smooth running of the internal market , the disposal of spent batteries
        and accumulators without causing pollution and the encouragement of
         the    re-use    of    the    raw   materials    they    contain .   A    fourth
        objective is to encourage the production of batteries and accumulators
        whose dangerous substance content is low , by taking off the market
        products not in line with technical progress in this respect .
        Accordingly , the measures taken must reduce the quantities of dangerous
        substances in waste , ensure more efficient use of resources and promote
        controlled disposal of batteries and accumulators classified as
        dangerous wastes .      This proposal was announced in the Fourth Community
                                                 1
        Action Programme on the Environment and follows up a Danish proposal
        brought to the Commission 's notice following the procedure laid down
        in Directive 83 / 189/ EEC .^
2       Parliament 's Committee on the Environment has already discussed this
        question and has recognized the necessity to take measures at Community
        level . Steps are being taken in a number of Member States, often in the
        form of voluntary collection agreements, as in Belgium and the
        Netherlands . Article 14 of the German law on waste lays down general
        provisions , to be followed by specific implementing measures . Outside the
        Community, Switzerland and Sweden have adopted wider ranging
        measures than those proposed by the Commission in Annex I of its proposal
        covering batteries and accumulators with a mercury content of over
        0.025% However, the Commission feels that it is preferable to limit the
        scope in order to make recycling more economically attractive . In return , to
        avoid incineration of batteries not covered by the proposal releasing
        dangerous emissions into the air, the Commission has also proposed a
        Directive setting limits for mercury emissions for municipal waste
        incineration plants ( 2bis).
( 1)OJ N° C 70, 18.3.1987 ( paragraph 5.3.6 .)
( 2 ) OJ IM“L 109.26.4.1983
( 2bis)OJ N° C 75 , 23 3.1988
 ---pagebreak---                                                    2
        In addition , the Commission considers that scientific and technical
        progress following the adaptation phases provided for in the proposal
        should result in prohibiting the marketing of certain types of
        batteries .
                                                                                             . i
 3.      This proposal lays down specific additional rules, as provided for in Article
         2(2 ) of Council Directive 75/442/EEC on waste (3 ) (" the basic Directive ")
         once it has been amended by the proposal for a Council Directive .(4).
         Consequently , the rules laid down in the basic Directive will continue to
         apply to all batteries and accumulators other than those specifically
         excluded by this proposal .
 II . Legal basis of the proposai
 4.      As mentioned above, a number of Member States are preparing measures
         to control the elimination of batteries and accumulators. The objectives of
         these measures correspond to those set out in Article 3 . The realisation of
         these objectives would lead Member States to take certain measures that -
         if taken unilaterally - might produce unfavourable effects for the free
         circulation of batteries and accumulators and thus for the internal market .
         To avoid such a situation , it is deemed necessary to harmonize these
        measures , at the same time assuring the optimal protection of the
        environment .     To this end it has been decided that Article 100A of the
        Treaty should be used .       This harmonization is necessary in order to
        ensure a high level of protection for the environment .             It is achieved
        mainly through Article 4 which standarizes the marking and measures
        concerning appliances containing batteries and accumulators as well
        as the type of batteries and accumulators covered by such measures .
        Article 7 also aims at achieving standardization as it calls for the
        marketing of certain batteries to be prohibited in the Light of
        scientific and technical progress .
?0J No L 194, 25.7.1975 .
 OJ No C . .
                                                                                           «
                                                                                           *■
                                                                                           V-
 ---pagebreak---                                         3
III .  Envi ronmental impact of uncontrolled disposai of batteries and
       accumulators
 5 . It is generally acknowledged that unless special precautions are
 taken disposal of batteries and accumulators containing mercury , cadmium
 and lead is a potential hazard to human health and the environment .
 For this reason mercury , cadmium and their compounds are on the "black
 list " (" List I of families and groups of substances ") in the Annex to
 Council Directives 76 / 464 / EEC on pollution caused by certain dangerous
 substances discharged into the aquatic environment of the Community^
 and 80 / 68 / EEC on the protection of groundwater against pollution
 caused by certain dangerous substances .^ The first specific Directives
 *0J No L 129, 18.5.1976.
 °0J No L 20, 26.1.1980 .
 ---pagebreak---                                     4
adopted to follow up Directive 76 / 464 set limit values and quality
                         7   ,    , .    8
objectives for mercury and cadmium .
 In turn . Article 4 of Directive 80/ 68 virtually categorically bans all
direct or indirect discharges on black-listed substances into groundwater .
Lead is on the " grey list " (" List II of families and groups of substances ")
 in the Annex to Directives 76 / 464 / EEC and 80 / 68 / EEC . The Member States
are therefore required to adopt programmes including , in particular ,
quality objectives to reduce lead pollution in surface water ( Article 7
of Directive 76 / 464 ) and conduct a prior investigation on all plans to
discharge lead directly or indirectly into groundwater ( Article 5 of
 Directive 80 / 68 ).
Mercury and cadmium are also on the black lists , and lead on the grey
 lists , in a series of worldwide agreements ( e.g. the London Convention
of 29 December 1972 ) and regional conventions ( e.g. the Oslo Convention
of 15 February 1972 , the Paris Convention of 4 June 1974 and the
 Agreement of 3 December 1976 for the protection of the Rhine against
chemical pollution ), all designed to protect the sea and other surface
water against pollution . The dangers posed by these substances are
acknowledged all over the world .
6 . On 21 April 1987 the Commission sent the Council an action programme
                                           9
on environmental pollution by cadmium containing an overview of the
environmental impact and sources of this form of pollution followed by
a strategy for controlling cadmium in products on the market or in waste .
 One measure proposed in the programme was for the Community to provide
 incentives for recycling products containing cadmium , in particular
batteries . On 3 December 1987 the Council showed its approval for this
^Directives 82/ 176/ EEC, 0J No L 81 , 27.3.1982 and 84/ 156/ EEC, 0J No L 74,
g 17.3 . 1984 .
°Directive 83/ 513/ EEC , 0J No L 291 , 24.10.1983 .
  OJ No C
 ---pagebreak---                                     5
                                    10
programme by adopting a resolution calling , inter alia , for the
collection and recycling of products containing cadmium , for example
batteries , as one of the main components of the cadmium control strategy .
7 . Batteries and accumulators power appliances in a wide range of
applications , each requiring units built to very different specifications .
To satisfy these demands , the industry markets batteries and accumulators
of all sizes and capacities . This variety is provided primarily by
non-rechargeable mercury batteries or rechargeable cadmium accumulators .
However , only certain categories of non-rechargeable batteries can be
replaced by rechargeable ones . And since even rechargeable batteries
have a service life of only a few years at most , the mercury would simply
be replaced by cadmium , an equally potent pollutant .
8 . Only a small proportion of the mercury and cadmium in the environment
is attributable to uncontrolled dumping of batteries and accumulators .
Although around 50% of the mercury in household refuse stems from
batteries and accumulators , human activity generates no more than 8 000
or 9 000 tonnes of mercury a year , while natural phenomena such as
volcanic eruptions and gaseous emissions through the earth 's crust pour
between 25 000 and 150 000 tonnes of mercury into the air each year .
In 1983 / 84 the ten-member Community produced around 250 tonnes of mercury
a year for battery and accumulator production .
As for cadmium , an estimated 20% of the cadmium in household refuse stems
from accumulators . It is practically impossible to say exactly how much
cadmium can be traced back to accumulators , however , since the units
discarded are produced both inside and outside the EEC and many of them
built into appliances .
10
   0J No C
 ---pagebreak---                                  6
An estimated 1 000 to 1 200 tonnes of the 6 000 or so tonnes of cadmium
consumed in 1984 was used to make Ni / Cd accumulators .  Against this , an
estimated 500 000 tonnes or more of lead was sold in batteries in the
Community in 1985 , almost 80% of them car batteries . A study ordered
by the Commission clearly demonstrated that the recycling rate for lead
batteries varies considerably , depending on lead prices .
In view of this imponderable , the Commission feels that , despite the
high average recycling rate ( almost 80% ), measures must be taken to
improve and , above all , maintain this rate , particularly since almost
100 000 tonnes a year remains to be recycled .
Although overall batteries and accumulators bear the blame for only a
small share of heavy metal pollution , in some places they can be a
major contributor .
In any case , individual measures to deal with each source is the only
way to bring about a reduction both locally and overall . For this
reason , the Commission feels that it is time to take action to reduce
the incidence of batteries and accumulators in household refuse , to promote
the recycling of batteries and accumulators and to ensure that
non-recycled batteries are disposed of in an acceptable manner .
IV .   Measures proposed
9 . The proposal calls on the Member States to set objectives to protect
the environment against the hazards posed by batteries and accumulators ,
to draw up programmes and to inform the Commission of the programmes
adopted , the measures taken and the means employed .
10 . In principle , it is left to the Member States to choose the means
employed . Consequently , this proposal lays down the general framework
within which the Member States must act , rather than specific detailed rules .
 ---pagebreak---                                          7
The Commission , assisted by the Waste Management Committee , will assess
the progress made and the need for any further Community measures ,
based on the information and statistics submitted by the Member States .
11 . Nevertheless the proposal still calls on the Member States to
take a number of specific measures , including :
    ( i ) marking the batteries and accumulators in question ;
  ( ii )  organizing their disposal ;
( iii ) banning makers from building batteries and accumulators into
           appliances so that they cannot be readily removed ;
  Civ ) drawing up disposal and recycling programmes which must :
              ( a ) promote treatment processes allowing greater recycling ;
              ( b ) provide for selective collection of spent batteries and
                     accumulators ;
              ( c ) make arrangements for separate disposal of spent batteries
                     and accumulators ^
               ( d ) prohibit the marketing of certain types of battery after
                     the adaptation phases .
 12 .    Harmonized markings for batteries and accumulators are needed not
 only to keep consumers and the authorities informed but also for the
 internal market .        Member States will not be allowed to hinder the free
 movement of batteries or accumulators bearing the markings laid down
 in the Directive .
 13 .    Selective collection of certain types of batteries and accumulators
 will provide a steady enough supply to make recycling profitable ,
 allowing for fluctuations in the market price of the raw materials and
 for technical progress .
 Sélective collection requires coopération from consumers . Conséquent ly ,
 it is essential to create the right conditions for them to participate .
 An optional deposit System would encourage sélective collection .
 ---pagebreak---                                      8
14 .     In addition , the proposal places an obligation on the Member States
to promote methods of treating spent batteries and accumulators , to
dispose of them separately so that the heavy metals can be cycled and
to keep track of them until the end .
 15 .    Article 6 specifies that the " polluter pays " principle is to apply
only to the producer of the batteries or accumulators or , where appropriate
to the importer into the Community . This rule is designed to avoid
 shifting the burden onto the seller or consumer .
 15a . The marketing of batteries containing more than 0.30% of mercury
 should be banned by the Member States , as required by Article 7 , in the
 light of scientific and technical progress .
16 .     Since any measures taken by the Member States could affect the
 functioning of the internal market , the " Agreement of the representatives
of the governments of the Member States meeting in Council of 5 March 1973
information for the Commission and Member States with a view to possible
harmonization throughout the Communities of urgent measures concerning
                                       11
the protection of the environment "       must be applied in every case so
that Community measures can be taken wherever appropriate .
17 .     Under no circumstances may the measures taken by the Member States
conflict with the rules laid down in the Treaty , particularly on the free
movement of goods . Consequently , the proposal generally bans the Member
States from impeding , prohibiting or restricting the marketing of
batteries and accumulators satisfying the requirements of the Directive
on the grounds of their markings of their content of the substances
mentioned in Annex I , with the exception of products covered by Article 7 .
18 . The measures provided for in the proposal fit in perfectly with the
objectives of the action taken by the Community on the environment :
    (i)    to preserve , protect and improve the quality of the environment ;
  ( ii )   to contribute towards protecting human health ;
( iii )    to ensure a prudent and rational utilization of natural resources .
11
   0J No C 9 , 15.3.1973 , p.1 .
 ---pagebreak---                                            9
V. Consultations
19 . Technical meetings were held with the national experts on this subject and
     the Waste Management Committee when drafting this proposal . Parallel
     consultations were held with the industry .
 ---pagebreak---                                 Proposai for a
                              COUNCIL DIRECTIVE
          on batteries and accumulators containing dangerous substances
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 100a thereof ,
 Having regard to the proposal from the Commission ,
  In cooperation with the European Parliament ,
 Having regard to the Opinion of the Economic and Social Committee ,
Whereas the general rules on waste disposal laid down by Council Directive
               1
75 / AA2 / EEC   apply to spent batteries and accumulators ;
Whereas one Member State has notified the Commission that it intends to adopt
binding measures on the marking and disposal of batteries and accumulators
containing dangerous substances and others are considering the subject ;
whereas any disparity between the laws or 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 ;
1 0J No L 19A , 25.7.1975, p.A7
                                                                            A
 ---pagebreak---                                      2
Whereas the objectives and principles of the Community 's environment
policy, as set out in the European Community Action Programmes on the
Environment , 2 aim, in particular , at preventing , reducing and as far as
possible eliminating pollution and ensuring sound management of raw material resources;
 Whereas in order to achieve these objectives        Member States must take
measures on , i nter alia , the marking of batteries and accumulators in
 line with the rules laid down in this Directive ; whereas when drafting
these rules the Commission has taken as a base 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 progress , by prohibiting the marketing
of batteries containing more than 0,30% of mercury by weight ;
Whereas a large proportion of spent batteries and accumulators containing
mercury , cadmium or lead are thrown away without any particular
precautions and end up either on public landfills or in an incinerator ;
whereas these heavy metals are key components in batteries and accumulators
but are toxic and , consequently , dangerous ;
Whereas collection and recycling of spent batteries and accumulators can
help save raw materials ;
0J  No C 112 , 20.12.1973 ,  P.1
OJ  No C 139 , 13.6.1977 , P - 1
0J  NO C  46 , 17.2.1983 , P - 1
OJ  No c  70 , 18.3.1987 , P.3
                                                                                  Л
 ---pagebreak---                                          3
Whereas the Commission must be notified of the drafts of these measures
so that it can examine them and , if necessary , request the Member States
to   defer     their introduction ;
Whereas in view of the various aspects of the problem      posed by batteries
and accumulators adequate measures should be taken to reduce the pollution
hazard ,
HAS ADOPTED THIS DIRECTIVE :
                                     Article 1
The objective of this Directive is to approximate the laws of the
Member States on the controlled disposal of batteries and accumulators
 containing the dangerous substances listed in the Annex .
                                    Article 2
For the purposes of this Directive :
(a)   " Battery or accumulator " means a source of electrical energy
      generated by direct conversion of chemical energy and consisting
      of one or more primary ( non-rechargeable ) or secondary ( rechargeable )
      cells /’ a s listed in the Annex ;
(b)   " Spent battery and accumulator " means a battery or accumulator which
      is not reusable or intended for disposal ;
(c)   " Disposal " means the collection , sorting and carriage of spent
      batteries and accumulators and their storage above or under ground
      and any conversion operations necessary for recycling ;
                                                                                M
 ---pagebreak---                    4
(d )      " Recycling " means processing to recover the
          secondary raw materials contained in spent batteries
          and accumulators ;
(e )      " Deposit system " means a system under which the
          buyer pays the seller a sum of money which is
          refunded when the spent battery or accumulator is
          returned .
                               Article 3
 Member . • states shall prohibit the marketing of
 alkaline manganese batteries containing more than 0,30 *4
 of mercury by weight as from 1 January 1993 .
                                Article 4
 The Member States shall take appropriate measures to
 ensure that batteries and accumulators are marked to
 indicate whether the battery or accumulator must be
 disposed of separately , can be recycled or may be
 disposed of with household refuse .
 This marking roust appear on the battery or accumulator
 and , where appropriate , on any appliance into which it
 is built .
 The marking shall correspond to symbol ISO 7000 -
 1 1 35 , cons isting of a light-coloured square
 containing three black-outlined arrows . Each battery and
 accumulator must         contain two symbols , on opposite sides
 thus ensuring immediate visibility .
 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 is so small that 3 % of the total         area is
 smaller than 0,5 cm by 0,5 cm , one symbol of 1 cm by 1 cm
 shall be displayed on the package instead of the two
 symbols on the battery .
                                                                  M
 ---pagebreak---                                        - 5 -
                                    Artide 5
   Member States shall take measures to ensure     that batteries and accumulators may
   be built into appliances only if they can be readily removed by the consumer
   without the aid of special tools .
                                           Arti c le 6
In order to protect the environment against the hazards posed by batteries and
accumulators, action taken by the Member States in the field covered by this
Directive shall pursue the following objectives :
- reduction of the heavy-metal content in batteries and accumulators ;
- promotion of marketing of batteries and accumulators with a smaller
   dangerous-substance content ;
- reduction of the incidence of spent batteries and accumulators in wastes
   disposed of at household waste-disposal plants ;
- promotion of research aimed at reducing the dangerous-substance content
   in batteries and accumulators and at the recycling thereof ;
- separate disposal of spent batteries and accumulators .
                                         Article 7
 Member       States shall ensure the efficient organization of disposal
 including the setting-up of a deposit system , where appropriate .
                                                                                       $
                                                                                       i
                                                                                       I
                                                                                       r-
 ---pagebreak---                                         - 6 -
                                      Article 8
              Member States shall ensure that       consumers are informed about :
 ( a ) the danger of uncontrolled disposal of spent batteries and accumulators;
 ( b) the marking of batteries , accumulators and appliances with built-in
        batteries and accumulators ;
  (c ) the choice of types of battery and accumulator available;
 ( d) the method of removing batteries and accumulators which are built
        into appliances ;
( e) where appropriate, the reasons for charging a deposit and the amount
        charged .
                                    Article 9
       Member     States shall draw up disposal and recycling programmes in
      order to achieve the objectives laid down in Article ^
      The first programmes shall cover a foui– year period starting on
      1 January 1990 . They shall be submitted to the Commission by 1 July 1989
      at the latest .
      The programmes shall be reviewed and updated regularly, at least every
      four years , in the light , in particular , of technical progress and of
      the economic situation .   The revised programmes shall also be submitted
      to the Commission in good time .
      The programmes shall contain at least measures for :
      - promotion of treatment processes allowing greater recycling ;
      - separate collection of spent batteries and accumulators ;
      - separate disposal of spent batteries and accumulators .
                                     Article -jg
    By way of derogation from Article 11 of Directive 75 / 442 / EEC ,    Member
    States shall take measures to ensure that the cost of disposing of batteries
   and accumulators , less any proceeds from recycling , shall be borne by the
    importer into the Community of the batteries and accumulators or by the
    manufacturer .
 ---pagebreak---                                    Artide 11
 . Member        States shall not impede , prohibit or restrict the marketing
of batteries and accumulators covered by this Directive and conforming
to the provisions laid down therein , with the exception of battenes
covered by Article 3 .
                                     Article 12
  The Commission shall adapt Article 4 and the Annex To this Directive to
 technical progress in accordance *with the procedure set out in Article 12c of
  Directive 75 / 442 / EEC .
                                     Article 13
     1.  Member States shall take the measures necessary to comply with this
     Directive by 1 July        1989 .  They shall inform the Commission thereof
     forthwith .
     2.  Member States shall communicate to the Commission the texts of the
     national laws and regulations which they adopt in the field covered by
     this Directive .     The Commission shall inform the other Member States
     thereof .
                                           Article 14
     This Directive is addressed to the Member States .
     Done at                                          For the Counci l
 ---pagebreak---                                    8
                                   ANNEX
Batteries and accumulators
This Directive applies to :
1.   all batteries and accumulators put on the market after this
Directive enters into force and containing more than 25 mg of mercury
per cell , except manganese batteries ;
2 . alkaline manganèse batteries containing :
- from 1 July 1989 , more than 0.30% mercury by weight ,
- from 1 January 1991 , more than 0.15% mercury by weight ,
- from 1 January 1993 , more than 0.10% mercury by weight .
3 . from 1 July      1989 , batteries and accumulators containing more than
0.025% cadmium by weight ;
4.   batteries and accumulators containing more than 0.4% of lead .