Commission Directive 98101EC of 22 December 1998 adapting to technical progress Council Directive 91157EEC on batteries and accumulators containing certain dangerous substances Text with EEA relevance

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THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (1), and in particular Article 10

thereof,

Whereas within the framework of the Act of Accession of Austria, Finland and Sweden, in particular in Articles 69 and 112, it is foreseen that during a period of four years from the date of accession the provisions concerning the mercury containing batteries referred to in Article 3 of Directive 91/157/EEC should be reviewed in accordance with EC procedures;

Whereas, in order to achieve a high level of environmental protection, the marketing of certain batteries should be prohibited, in view of the amount of mercury they contain; whereas that prohibition, in order to achieve its full effect for the environment, must cover appliances into which such batteries and accumulators are incorporated; whereas such prohibition may have a positive impact in facilitating the recovery of batteries; Whereas the technical development of alternative heavy-metal-free batteries should be taken into account;

Whereas Directive 91/157/EEC should be adapted accordingly;

Whereas the measures provided for in this Directive are in accordance with the opinion expressed by the Committee established pursuant to Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (2), as last amended by Commission Decision 96/350/EC (3),

HAS ADOPTED THIS DIRECTIVE: Article 1

Directive 91/157/EEC is amended as follows:

1. Article 3(1) is replaced by the following:

'1. Member States shall prohibit, as from 1 January 2000 at the latest, the marketing of batteries and accumulators, containing more than 0,0005 % of mercury by weight, including in those cases where these batteries and accumulators are incorporated into appliances. Button cells and batteries composed of button cells with a mercury content of no more than 2 % by weight shall be exempted from this prohibition.';

2. Annex I is replaced by the text in the Annex to this Directive. Article 2

Member States shall adopt and publish, before 1 January 2000, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

ANNEX 'ANNEX I

The following batteries and accumulators are covered by this Directive:

1. Batteries and accumulators put on the market as from 1 January 1999 containing more than 0,0005 % of mercury by weight.

2. Batteries and accumulators put on the market as from 18 September 1992 and containing:

- more than 25 mg of mercury per cell, except alkaline manganese batteries,

- more than 0,025 % of cadmium by weight,

3. Alkaline manganese batteries containing more than 0,025 % of mercury by weight placed on the market as from 18 September 1992.'

Draft Proposal of a New Directive of the European Commission on Batteries and Accumulators (with a view to replacing Directives 91/157/EEC and 93/86/EEC)

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE ../.../EC of on batteries and accumulators

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, HAVE ADOPTED THIS DIRECTIVE:

Article 1 Objectives

1. The aim of this Directive is to harmonise national measures concerning batteries and accumulators and the management of their wastes in order, on the one hand, to prevent or reduce the negative impact thereof on the environment, thus providing a high level of environmental protection, and, on the other hand, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community.

2. To this end, this Directive lays down measures aiming at preventing or reducing the hazardous nature of waste from batteries and accumulators, at ensuring the separate collection of all types of spent batteries and accumulators with a view to recovering their content and at reducing the final disposal of such waste.

Article 2 Scope

3. This Directive shall cover all types of batteries and accumulators, as well as the appliances into which they are incorporated as regards marketing, marking and battery removal requirements, whether new or spent, whether they are used for consumer, automotive or industrial purposes, regardless of their shape, volume, weight or material composition.

4. This Directive shall apply without prejudice to other Community legislation, in particular as regards health, quality and safety standards.

Article 3 Definitions

For the purposes of this Directive:

1. "battery" means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable);

2. "accumulator" means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more secondary battery cells (rechargeable);

3. "battery pack" means any set of batteries or accumulators encapsulated in an outer casing into one complete unit, not intended to be opened by the consumer;

4. "portable battery or accumulator" means any battery or accumulator being used in products for private or professional use;

5. "button batteries and accumulators" means small button-shaped cells, normally with a weight of less than 50 g, used for special purposes such as hearing aids, watches and small portable equipment;

6. "industrial and automotive batteries or accumulators" means any battery or accumulator used for industrial purposes, for instance as standby or traction power, or for automotive starter power for vehicles;

7. "spent battery or accumulator" means any battery or accumulator which is a waste within the meaning of Article 1(a) of Directive 75/442/EEC;

8. "separate collection" means the gathering, sorting and/or grouping together of spent batteries and accumulators, separately from any other waste stream;

9. "recovery" means any of the applicable operations provided for in Annex IIB of Directive 75/442/EEC;

10. "recycling" means the reprocessing in a production process of the waste materials for the original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;

11. "disposal" means any of the applicable operations provided for in Annex IIA of Directive 75/442/EEC.

Article 4 Prevention

1. Member States shall prohibit the marketing of all batteries and accumulators, with the exception of button batteries and accumulators, containing more than 0.0005% of mercury by weight as well as the appliances into which they are incorporated.

2. Member States shall prohibit the marketing of all button batteries and accumulators containing more than 2% of mercury by weight as well as the appliances into which they are incorporated.

3. a) Without prejudice to Article 4 (2) of Directive 2000/53/EC on end of life vehicles, Member States shall prohibit, as from 1 January 2008, the marketing of batteries and accumulators containing more than 0.002% of cadmium by weight as well as the appliances into which they are incorporated.

b) Paragraph (a) shall not apply to applications listed in Annex III.

d) Member States shall take the necessary measures to ensure that, without prejudice to the requirements contained in Article 8, producers of nickel/cadmium batteries used in applications listed in Annex III provide for the setting up and the financing of the registration, collection, treatment, recovery, safe disposal and monitoring of these spent batteries. Such measures shall ensure a closed loop system and shall be communicated to the Commission.

4. In accordance with the procedure laid down in Article 16, the Commission shall revise paragraph 2 of this Article and Annex III by the end of 2005, taking into account new scientific evidence and technical developments. This revision exercise shall be repeated every three years thereafter.

Article 5

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