I
(Acts who publication is obligatory)
DIRECTIVE2006/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of6September2006
on batteries and accumulators and waste batteries and accumulators and repealing Directive
91/157/EEC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-PEAN UNION,
Having regard to the Treaty establishing the European Com-munity,and in particular Article175(1)thereof and Article95(1)thereof in relation to Articles4,6and21of this Directive,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Having regard to the opinion of the Committee of Regions(3),
Acting in accordance with the procedure laid down in Article251of the Treaty(4),in the light of the joint text approved by the Conciliation Committee on22June2006,
Whereas:
(1)It is desirable to harmoni national measures
concerning batteries and accumulators and waste
batteries and accumulators.The primary objective of this
Directive is to minimi the negative impact of batteries
and accumulators and waste batteries and accumulators
on the environment,thus contributing to the protection,
prervation and improvement of the quality of the
environment.The legal ba is therefore Article175(1)
of the Treaty.However,it is also appropriate to take
measures at Community level on the basis of
Article95(1)of the Treaty to harmoni requirements
concerning the heavy metal content and labelling of
batteries and accumulators and so to ensure the smooth
functioning of the internal market and avoid distortion
of competition within the Community.(2)The Commission Communication of30July1996on
the Review of the Community Strategy for Waste
Management established guidelines for future Com-
munity waste policy.That Communication stress the
need to reduce the quantities of hazardous substances in
waste and points out the potential benefits of Com-
munity-wide rules limiting the prence of such
substances in products and in production process.It
further states that,where the generation of waste cannot
be avoided,that waste should be reud or recovered for
its material or energy.
(3)The Council Resolution of25January1988on a Com-
munity action programme to combat environmental
pollution by cadmium(5)stresd the limitation of the
us of cadmium to cas where suitable alternatives do
not exist and the collection and recycling of batteries
containing cadmium as major elements of the strategy
for cadmium control in the interests of the protection of
human health and the environment.
(4)Council Directive91/157/EEC of18March1991on
batteries and accumulators containing certain dangerous
substances(6)has brought about an approximation of
Member States'laws in this field.However,the objectives
of that Directive have not been fully attained.Decision
数学笑话No1600/2002/EC of the European Parliament and of
the Council of22July2002laying down the Sixth Com-
munity Environment Action Programme(7)and Direc-
tive2002/96/EC of the European Parliament and of the
Council of27January2003on waste electrical and elec-
tronic equipment(WEEE)(8)also underlined the need for
Directive91/157/EEC to be revid.Directive
91/157/EEC should therefore be revid and replaced in
the interests of clarity.
(1)OJ C96,21.4.2004,p.29.
(2)OJ C117,30.4.2004,p.5.
(3)OJ C121,30.4.2004,p.35.
(4)Opinion of the European Parliament of20April2004(OJ C104E,
30.4.2004,p.354),Council Common Position of18July2005(OJ
C264E,25.10.2005,p.1)and Position of the European Parliament of13December2005(not yet published in the Official Journal).
European Parliament Legislative Resolution of4July2006(not yet published in the Official Journal)and Decision of the Council of 18July2006.(5)OJ C30,4.2.1988,p.1.
(6)OJ L78,26.3.1991,p.38.Directive as amended by Commission
Directive98/101/EC(OJ L1,5.1.1999,p.1).
(7)OJ L242,10.9.2002,p.1.
(8)OJ L37,13.2.2003,p.24.Directive as amended by Directive
2003/108/EC of the European Parliament and of the Council(OJ L345,31.12.2003,p.106).
(5)In order to achieve its environmental aims,this Directive
prohibits the placing on the market of certain batteries
and accumulators containing mercury or cadmium.It
also promotes a high level of collection and recycling of
waste batteries and accumulators and improved environ-
mental performance of all operators involved in the life
cycle of batteries and accumulators, e.g.producers,
distributors and end-urs and,in particular,tho
operators directly involved in the treatment and recy-
cling of waste batteries and accumulators.The specific
rules needed to do this are supplementary to existing
Community legislation on waste,in particular Direc-
tive2006/12/EC of the European Parliament and of the
Council of5April2006on waste(1),Council Direc-
tive1999/31/EC of26April1999on the landfill of
waste(2)and Directive2000/76/EC of the
European Parliament and of the Council of4December
2000on the incineration of waste(3).
(6)In order to prevent waste batteries and accumulators
from being discarded in such a way as to pollute the
environment,and to avoid end-ur confusion about the
different waste management requirements for different
batteries and accumulators,this Directive should apply
to all batteries and accumulators placed on the market
within the Community.Such a wide scope should also
ensure economies of scale in collection and recycling,as
well as optimal resource saving.
(7)Reliable batteries and accumulators are fundamental for
the safety of many products,appliances and rvices,
and are an esntial energy source in our society.
(8)It is appropriate to distinguish between portable batteries
and accumulators on the one hand and industrial and
automotive batteries and accumulators on the other.The
disposal of industrial and automotive batteries and accu-
mulators in landfill sites or by incineration should be
prohibited.
(9)Examples of industrial batteries and accumulators
include batteries and accumulators ud for emergency
or back-up power supply in hospitals,airports or offices,
batteries and accumulators ud in trains or aircraft and
batteries and accumulators ud on offshore oil rigs or
in lighthous.Examples also include batteries and accu-
mulators designed exclusively for hand-held payment
terminals in shops and restaurants,bar code readers in
shops,professional video equipment for TV channels
and professional studios,miners'lamps and diving lamps
attached to mining and diving helmets for professionals,
back up batteries and accumulators for electric doors to
prevent them from blocking or crushing people,
batteries and accumulators ud for instrumentation or
in various types of measurement and instrumentation
equipment and batteries and accumulators ud in
connection with solar panel,photo-voltaic,and other
renewable energy applications.Industrial batteries and
accumulators also include batteries and accumulators
ud in electrical vehicles,such as electric cars,wheel-
chairs,bicycles,airport vehicles and automatic transport
vehicles.In addition to this non exhaustive list of exam-
ples,any battery or accumulator that is not aled and
not automotive should be considered industrial.
(10)Examples of portable batteries and accumulators,which
are all-aled batteries and accumulators that an average
person could carry by hand without difficulty and that
are neither automotive batteries or accumulators nor
industrial batteries or accumulators,include single cell
batteries(such as AA and AAA batteries)and batteries
and accumulators ud by consumers or professionals in
mobile telephones,portable computers,cordless power
tools,toys and houhold appliances such as electric
toothbrushes,razors and hand-held vacuum cleaners
(including similar equipment ud in schools,shops,
restaurants,airports,offices or hospitals)and any battery
or accumulator that consumers may u for normal
houhold applications.
(11)The Commission should evaluate the need for adaptation
of this Directive,taking account of available technical
and scientific evidence.In particular,the Commission
should carry out a review of the exemption from the
cadmium ban provided for portable batteries and accu-
mulators intended for u in cordless power tools.Exam-
ples of cordless power tools are tools that consumers
and professionals u 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,as well as for mowing,cutting and other
gardening activities.
(12)The Commission should also monitor,and Member
indies
States should encourage,technological developments
that improve the environmental performance of batteries
and accumulators throughout their entire life cycle,
including through participation in a Community eco-
management and audit scheme(EMAS).
(13)In order to protect the environment,waste batteries and
accumulators should be collected.For portable batteries
and accumulators,collection schemes achieving a high
collection rate should be established.This means tting
up collection schemes so that end-urs can discard all
waste portable batteries and accumulators conveniently
and free of charge.Different collection schemes and
financing arrangements are appropriate for the different
battery and accumulator types.
(1)OJ L114,27.4.2006,p.9.
(2)OJ L182,16.7.1999,p.1.Directive as amended by Regulation(EC)
No1882/2003of the European Parliament and of the Council(OJ L284,31.10.2003,p.1).
(3)OJ L332,28.12.2000,p.91.
(14)It is desirable for Member States to achieve a high collec-
tion and recycling rate for waste batteries and accumula-
tors so as to achieve a high level of environmental
protection and material recovery throughout the Com-
munity.This Directive should therefore t minimum
collection and recycling targets for Member States.It is
appropriate to calculate the collection rate on the basis
of average annual sales in preceding years,so as to have
comparable targets for all Member States that are
proportionate to the national level of battery and accu-
mulator consumption.
(15)Specific recycling requirements should be established for
cadmium and lead batteries and accumulators in order
to attain a high level of material recovery throughout
the Community and to prevent disparities between
Member States.
(16)All interested parties should be able to participate in
collection,treatment and recycling schemes.Tho
schemes should be designed to avoid discrimination
against imported batteries and accumulators,barriers to
trade or distortions of competition.
(17)Collection and recycling schemes should be optimid,
in particular in order to minimi costs and the negative
environmental impact of transport.Treatment and recy-
cling schemes should u best available techniques,as
defined in Article2(11)of Council Directive96/61/EC
of24September1996concerning integrated pollution
prevention and control(1).The definition of recycling
should exclude energy recovery.The concept of energy
recovery is defined in other Community instruments.
(18)Batteries and accumulators can be collected individually,
by way of national battery collection schemes or
together with waste electrical and electronic equipment,
by way of national collection schemes t up on the
basis of Directive2002/96/EC.In the latter ca,as an
obligatory minimum treatment requirement,batteries
and accumulators should be removed from the collected
waste electrical and electronic equipment.After their
removal from the waste electrical and electronic equip-
ment,batteries and accumulators are subject to the
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requirements of this Directive,notably they count for
achieving the collection target and are subject to recy-
cling requirements.
(19)Basic principles for financing the management of waste
batteries and accumulators should be t at Community
level.Financing schemes should help to achieve high
collection and recycling rates and to give effect to the
principle of producer responsibility.All producers as
defined by this Directive should be registered.Producers
should finance the costs of collecting,treating and recy-
cling all collected batteries and accumulators minus the
profit made by lling the materials recovered.However,
under certain circumstances,the application of de
minimis rules to small producers could be justified.
(20)The provision of information to end-urs on the desir-
ability of parate collection,the collection schemes
available and end-urs'role in the management of waste
batteries and accumulators is necessary for successful
collection.Detailed arrangements should be made for a
labelling system,which should provide end-urs with
transparent,reliable and clear information on batteries
and accumulators and any heavy metals they contain.
(21)If,in order to achieve the objectives of this Directive,
and,in particular,to achieve high parate collection
and recycling rates,Member States u economic instru-
ments,such as differential tax rates,they should inform
the Commission accordingly.
(22)Reliable and comparable data on the quantities of
batteries and accumulators placed on the marketsuneker
collected and recycled are necessary for monitoring
whether the objectives of this Directive have been
achieved.
(23)Member States should lay down rules on the penalties
applicable to infringements of the provisions of this
Directive and ensure that they are implemented.Tho
penalties should be effective,proportionate and dissua-
sive.
(24)In accordance with paragraph34of the Interinstitutional
agreement on better law-making(2),Member States are
encouraged to draw up,for themlves and in the inter-
ests of the Community,their own tables,which will,as
far as possible,illustrate the correlation between this
Directive and the transposition measures and to make
them public.
(25)The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision1999/468/EC of28June1999laying down
the procedures for the exerci of implementing powers
conferred on the Commission(3).
(26)Since the objectives of this Directive namely protecting
the environment and ensuring the proper functioning of
the internal market cannot be sufficiently achieved by
the Member States and can therefore,by reason of the
scale or effects of the action,be better achieved at Com-
munity level,the Community may adopt measures,in
accordance with the principle of subsidiarity as t out
in Article5of the Treaty.In accordance with the prin-
ciple of proportionality,as t out in that Article,this
Directive does not go beyond what is necessary in order
to achieve tho objectives.
(1)OJ L257,10.10.1996,p.26.Directive as last amended by Regu-
inzaghilation(EC)No166/2006of the European Parliament and of the Council(OJ L33,4.2.2006,p.1).(2)OJ C321,31.12.2003,p.1.
(3)OJ L184,17.7.1999,p.23.Decision as amended by Decision
2006/512/EC(OJ L200,22.7.2006,p.11).
(27)This Directive applies without prejudice to Community
legislation on safety,quality and health requirements and
specific Community waste management legislation,in
particular Directive2000/53/EC of the European Parlia-
ment and of the Council of18September2000on end-
of-life vehicles(1)and Directive2002/96/EC.
(28)As regards producer responsibility,producers of batteries
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and accumulators and producers of other products
incorporating a battery or accumulator are responsible
for the waste management of batteries and accumulators
that they place on the market.A flexible approach is
appropriate to enable financing schemes to reflect
differing national circumstances and to take account of
apom
existing schemes,particularly tho t up to comply
with Directives2000/53/EC and2002/96/EC,while
avoiding double charging.
(29)Directive2002/95/EC of the European Parliament and of
the Council of27January2003on the restriction of the
u of certain hazardous substances in electrical and
electronic equipment(2)does not apply to batteries and
accumulators ud in electrical and electronic equip-
ment.
(30)Automotive and industrial batteries and accumulators
ud in vehicles should meet the requirements of Direc-
tive2000/53/EC,in particular Article4thereof.There-
fore the u of cadmium in industrial batteries and accu-
mulators for electrical vehicles should be prohibited,
unless they can benefit from an exemption on the basis
of Annex II to that Directive,
HAVE ADOPTED THIS DIRECTIVE:
Article1
Subject-matter
This Directive establishes:
(1)rules regarding the placing on the market of batteries and
accumulators and,in particular,a prohibition on the placing on the market of batteries and accumulators containing hazardous substances;and
(2)specific rules for the collection,treatment,recycling and
disposal of waste batteries and accumulators to supplement relevant Community legislation on waste and to promote a high level of collection and recycling of waste batteries and accumulators.
It eks to improve the environmental performance of batteries and accumulators and of the activities of all economic opera-tors involved in the life cycle of batteries and producers,distributors and end-urs and,in particular, tho operators directly involved in the treatment and recycling of waste batteries and accumulators.
Article2
Scope
1.This Directive shall apply to all types of batteries and accumulators,regardless of their shape,volume,weight,mate-rial composition or u.It shall apply without prejudice to Directives2000/53/EC and2002/96/EC.
2.This Directive shall not apply to batteries and accumula-tors ud in:
(a)equipment connected with the protection of Member
States'esntial curity interests,arms,munitions and war material,with the exclusion of products that are not intended for specifically military purpos;
(b)equipment designed to be nt into space.
Article3
smirkDefinitions
For the purpos of this Directive,the following definitions shall apply:
(1)‘battery’or‘accumulator’means any source of electrical
energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells(non-rechargeable)or consisting of one or more condary battery cells(rechargeable);
(2)‘battery pack’means any t of batteries or accumulators
that are connected together and/or encapsulated within an outer casing so as to form a complete unit that the end-ur is not intended to split up or open;
(3)‘portable battery or accumulator’means any battery,
button cell,battery pack or accumulator that:
(a)is aled;and
(b)can be hand-carried;and
(c)is neither an industrial battery or accumulator nor an
automotive battery or accumulator;
(4)‘button cell’means any small round portable battery or
accumulator who diameter is greater than its height and which is ud for special purpos such as hearing aids, watches,small portable equipment and back-up power;
(5)‘automotive battery or accumulator’means any battery or
accumulator ud for automotive starter,lighting or igni-tion power;
(1)OJ L269,21.10.2000,p.34.Directive as last amended by Council
Decision2005/673/EC(OJ L254,30.9.2005,p.69).
(2)OJ L37,13.2.2003,p.19.Directive as last amended by Commis-
sion Decision2006/310/EC(OJ L115,28.4.2006,p.38).
(6)‘industrial battery or accumulator’means any battery or
accumulator designed for exclusively industrial or profes-sional us or ud in any type of electric vehicle;
(7)‘waste battery or accumulator’means any battery or accu-
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mulator which is waste within the meaning of Article1(1)(a)of Directive2006/12/EC;
(8)‘recycling’means the reprocessing in a production process
of waste materials for their original purpo or for other purpos,but excluding energy recovery;
(9)‘disposal’means any of the applicable operations provided
for in Annex IIA to Directive2006/12/EC;
(10)‘treatment’means any activity carried out on waste
batteries and accumulators after they have been handed over to a facility for sorting,preparation for recycling or preparation for disposal;
(11)‘appliance’means any electrical or electronic equipment,
as defined by Directive2002/96/EC,which is fully or partly powered by batteries or accumulators or is capable of being so;
(12)‘producer’means any person in a Member State that,irre-
spective of the lling technique ud,including by means of distance communication as defined in Directive97/7/ EC of the European Parliament and of the Council of 20May1997on the protection of consumers in respect of distance contracts(1),places batteries or accumulators, including tho incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis;
(13)‘distributor’means any person that provides batteries and
accumulators on a professional basis to an end-ur;
(14)‘placing on the market’means supplying or making avail-
able,whether in return for payment or free of charge,to a third party within the Community and includes import into the customs territory of the Community;
(15)‘economic operators’means any producer,distributor,amorous
collector,recycler or other treatment operator;
(16)‘cordless power tool’means any hand held appliance
powered by a battery or accumulator and intended for maintenance,construction or gardening activities;
(17)‘collection rate’means,for a given Member State in a
given calendar year,the percentage obtained by dividing the weight of waste portable batteries and accumulators collected in accordance with Article8(1)of this Directive or with Directive2002/96/EC in that calendar year by the average weight of portable batteries and accumulators that producers either ll directly to end-urs or deliver to third parties in order to ll them to end-urs in that Member State during that calendar year and the preceding two calendar years.
Article4
Prohibitions
1.Without prejudice to Directive2000/53/EC,Member States shall prohibit the placing on the market of:
(a)all batteries or accumulators,whether or not incorporated
into appliances,that contain more than0,0005%of mercury by weight;and
(b)portable batteries or accumulators,including tho incorpo-
rated into appliances,that contain more than0,002%of cadmium by weight.
2.The prohibition t out in paragraph1(a)shall not apply to button cells with a mercury content of no more than2%by weight.
3.The prohibition t out in paragraph1(b)shall not apply to portable batteries and accumulators intended for u in: (a)emergency and alarm systems,including emergency
lighting;
(b)medical equipment;or
(c)cordless power tools.
4.The Commission shall review the exemption referred to in paragraph3(c)and submit a report to the European Parlia-ment and to the Council by26September2010,together,if appropriate,with relevant proposals,with a view to the prohi-bition of cadmium in batteries and accumulators.
Article5
Incread environmental performance
Member States which have manufacturers established on their territory shall promote rearch and encourage improvements in the overall environmental performance of batteries and accu-mulators throughout their entire life cycle as well as the devel-opment and marketing of batteries and accumulators which contain smaller quantities of dangerous substances or which contain less polluting substances,in particular as substitutes for mercury,cadmium and lead.
Article6
Placing on the market
1.Member States shall not,on the grounds dealt with in this Directive,impede,prohibit,or restrict the placing on the market in their territory of batteries and accumulators that meet the requirements of this Directive.
2.Member States shall take the necessary measures to ensure that batteries or accumulators that do not meet the requirements of this Directive are not placed on the market or are withdrawn from it.
(1)OJ L144,4.6.1997,p.19.Directive as last amended by Direc-
tive2005/29/EC(OJ L149,11.6.2005,p.22).
