REPORT on the proposal for a European Parliament and Council directive on batteries and accumulators and spent batteries and accumulators
(COM(2003) 723 – C5‑0563/2003 – 2003/0282(COD))

7 April 2004 - ***I

Committee on the Environment, Public Health and Consumer Policy
Rapporteur: Hans Blokland


Procedure : 2003/0282(COD)
Document stages in plenary
Document selected :  
A5-0265/2004
Texts tabled :
A5-0265/2004
Texts adopted :

PROCEDURAL PAGE

By letter of 24 November 2003 the Commission submitted to Parliament, pursuant to Articles 251(2) and 95 and 175(1) of the EC Treaty, the proposal for a European Parliament and Council directive on on batteries and accumulators and spent batteries and accumulators (COM(2003) 723 – 2003/0282(COD)).

At the sitting of 15 December 2003 the President of Parliament announced that had referred the proposal to the Committee on the Environment, Public Health and Consumer Policy as the committee responsible and the Committee on Industry, External Trade, Research and Energy for its opinion (C5‑0563/2003).

The Committee on the Environment, Public Health and Consumer Policy had appointed Hans Blokland rapporteur at its meeting of 27 November 2003.

The committee considered the Commission proposal and draft report at its meetings of 16 February 2004 and 6 April 2004.

At its meeting of 20 January 2004 the Committee on the Environment, Public Health and Consumer Policy decided to request the opinion of the Committee on Legal Affairs and the Internal Market on the proposal’s legal basis pursuant to Rule 63(2).

At the last meeting it adopted the draft legislative resolution by 25 votes to 17, with 0 abstentions.

The following were present for the vote: Caroline F. Jackson (chairman), Alexander de Roo (vice-chairman), Guido Sacconi (vice-chairman), Hans Blokland (rapporteur), and

Bent Hindrup Andersen (for Jean-Louis Bernié), María del Pilar Ayuso González, María Luisa Bergaz Conesa, John Bowis, Hiltrud Breyer, Martin Callanan, Raquel Cardoso, Dorette Corbey, Säid El Khadraoui, Anne Ferreira, Karl-Heinz Florenz, Cristina García-Orcoyen Tormo, Robert Goodwill, Françoise Grossetête, Martin Kastler, Christa Klaß, Eija-Riitta Anneli Korhola, Hans Kronberger, Bernd Lange, Paul A.A.J.G. Lannoye (for Marie Anne Isler Béguin), Minerva Melpomeni Malliori, Patricia McKenna, Rosemarie Müller, Ria G.H.C. Oomen-Ruijten, Neil Parish (for Raffaele Costa), Marit Paulsen, Dagmar Roth-Behrendt, Yvonne Sandberg-Fries, Karin Scheele, Inger Schörling, María Sornosa Martínez, Catherine Stihler, Nicole Thomas-Mauro, Astrid Thors, Antonios Trakatellis, Peder Wachtmeister, Phillip Whitehead and Anders Wijkman (for Marialiese Flemming).

The opinion of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Legal Affairs and the Internal Market on the legal basis are attached.

The report was tabled on 7 April 2004.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a European Parliament and Council directive on on batteries and accumulators and spent batteries and accumulators

(COM(2003) 723 – C5‑0563/2003 – 2003/0282(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 723)[1],

–   having regard to Articles 251(2) and 95(1) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5‑0563/2003),

–   having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

–   having regard to Rules 67 and 63 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5‑0265/2004),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and Commission.

Text proposed by the CommissionAmendments by Parliament
Amendment 1
Recital 7

(7)   In order to achieve a high level of protection of human and animal health and of the environment, the marketing of certain batteries and accumulators should be prohibited because of the quantity of heavy metals they contain. The quantities of spent nickel-cadmium batteries and accumulators disposed of in the waste stream should be monitored. The Commission should evaluate the need for an adaptation of the Directive, taking account of the results of the monitoring and of available technical and scientific evidence.

(7)   In order to achieve a high level of protection of human and animal health and of the environment, the marketing of certain batteries and accumulators should be prohibited because of the quantity of heavy metals they contain.

Justification

According to the waste-hierarchy preventing the entrance of heavy metals in the waste stream is the best option. Some years after the prohibition of heavy metals the monitoring of nickel-cadmium batteries is not necessary any more.

Amendment 2
Recital 9

(9)   Member States should be required to achieve a high collection rate for spent batteries and accumulators to ensure that they contribute to the environmental objectives of the Community. To achieve a high level of material recovery throughout the Community and prevent disparities between Member States, all Member States should be required to send the spent batteries and accumulators collected to recycling facilities.

(9)   Member States should be required to achieve a high collection rate for spent batteries and accumulators to ensure that they contribute to the environmental objectives of the Community. To achieve a high level of material recycling throughout the Community and prevent disparities between Member States, all Member States should be required to send the spent batteries and accumulators collected to recycling facilities.

Justification

Recycling is the more appropriate term, as recovery includes incineration, which does not apply here.

Amendment 3
Recital 11

(11)   All interested parties should be able to participate in collection and recycling schemes. Those schemes should be designed to avoid discrimination against imported products, barriers to trade or distortions of competition and should guarantee the maximum possible returns of spent batteries and accumulators. For a transitional period, producers should be allowed, on a voluntary basis at the time of sale of new products, to show purchasers the costs of managing waste in the past. Producers making use of that provision should ensure that the costs mentioned do not exceed the actual costs incurred.

(11)   All interested parties should be able to participate in collection and recycling schemes. Those schemes should be designed to avoid discrimination against imported products, barriers to trade or distortions of competition and should guarantee the maximum possible returns of spent batteries and accumulators. For a transitional period producers should be allowed, on a voluntary basis at the time of sale of new products, to show purchasers the costs incurred to producers of collecting, treating, and recycling spent portable batteries and accumulators. Producers making use of that provision should ensure that the costs mentioned do not exceed the actual costs incurred.

Justification

The visible fee is vital to demonstrate to consumers the cost of recycling, but should only be used in an interim period as in the WEEE directive. Following this, the costs of recycling must be incorporated into the normal price mechanism.

Amendment 4
Recital 15

(15)   Consumer information on separate collection, the collection schemes available and the consumer’s role in the management of spent batteries and accumulators is necessary for successful collection. Detailed arrangements should be made for a marking system, which should provide the consumer with transparent, reliable and clear information on the collection of batteries and accumulators and the heavy metals they contain.

(15)   End-user information on separate collection, the collection schemes available and the end-user’s role in the management of spent batteries and accumulators is necessary for successful collection. Detailed arrangements should be made for a marking system, which should provide the end-user with transparent, reliable and clear information on the collection of batteries and accumulators and the heavy metals they contain.

Justification

Marking systems should not be directed only at consumers but at all end end-users and ensure they can also participate in the management of spent batteries and accumulators.

Amendment 5
Recital 15 a (new)
 

(15a)   Consumers should also be informed about the capacity of the batteries they buy to be able to make an informed choice.

Justification

Non-rechargeable batteries vary largely in price, which is partially due to their different capacity. All sorts of qualitative claims are made about the performance of non-rechargeable batteries. While information about the capacity is already given for rechargeable batteries, this is not yet the case of non-rechargeable ones. In order to ensure clear and transparent information, consumers should be informed about the capacity of all batteries.

Amendment 6
Recital 22

As regards producer responsibility, battery producers become responsible for further treatment after the removal of the battery from any separately collected end-of life vehicle or waste electrical and electronic equipment.

As regards producer responsibility, battery producers, when identifiable, become responsible for further treatment after the removal of the battery from any separately collected end-of life vehicle or waste electrical and electronic equipment.

Justification The definition of producer has consequences for the responsibility. According to article 3(i) of the WEEE-directive the producer of EEE is responsible for the incorporated batteries. The producer of the batteries is responsible after the batteries are taken out. According to Annex II(1), third indent the batteries should be taken out of the WEEE under responsibility of the producer of the EEE. From that moment, the producer of the batteries, when identifiable, is responsible. It should be avoided that both producers are responsible for the batteries at the same time, which will cause problems in practice.
Amendment 7
Article 1, title

Subject-matter

Objective

Justification

The Directive should have a clear objective rather than just a reference to the subject it deals with.

Amendment 8
Article 1

This Directive establishes rules regarding the marketing of batteries and accumulators as well as the collection, treatment and recycling of spent batteries and accumulators.

The purpose of this Directive is, as a first priority, the prevention of the use of heavy metals in batteries and accumulators, and in addition the collection, treatment and recycling of all spent batteries and accumulators in order to avoid the disposal of batteries containing hazardous substances and to recycle the useful substances therein. It also seeks to improve the environmental performance of batteries and accumulators as well as of the activities of all operators involved in the life cycle of electrical and electronic equipment, e.g. producers, distributors and consumers and in particular those operators directly involved in the treatment of waste of batteries and accumulators.

Justification

Minor modifications to amendment 9 suggested by the rapporteur to achieve more clarity.

Amendment 9
Article 2, paragraph 1

1.   This Directive shall apply to all types of batteries and accumulators, regardless of their shape, volume, weight, material composition or use.

1.   This Directive shall apply to all types of batteries and accumulators, as well as the appliances into which they are incorporated as regards marketing, marking and battery removal requirements, regardless of their shape, volume, weight, material composition or use.

Justification

Small appliances containing batteries or accumulators that are difficult for the consumer to remove have a high probability of ending up in household waste, still containing the batteries; whereas, in a number of cases, it is possible to manufacture small appliances in such a way that no tools are needed to remove the batteries. This amendment ensures that products are designed with their end of life in mind, and effectively designed for recycling.

Amendment 10
Article 2, paragraph 2

2.   This Directive shall not apply to batteries and accumulators used in equipment connected with protection of essential interests of the security of Member States, including military material, or in arms and munitions intended for specifically military purposes.

2.   This Directive shall not apply to batteries and accumulators used in equipment for military material, or in arms and munitions intended for specifically military purposes, nor to batteries and accumulators used in vehicles and equipment designed to be sent into space.

Justification

More precise wording and granting an exemption for space exploration.

Amendment 11
Article 3, point (1)

(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);

(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 secondary battery cells (rechargeable);

Justification

There is no need to make a difference between battery and accumulator in this Directive: the same provisions apply to both. On the other hand it is important that accumulator is still mentioned, in order to be sure that accumulators are covered. The aim is that the word battery and the word accumulator can be used for both.

Amendment 12
Article 3, point 2

(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);

deleted

Justification

There is no need to make a difference between battery and accumulator in this directive: the same provisions apply to both.

Amendment 13
Article 3, point 2

(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);

(Does not affect English version.)

Justification

(Does not affect English version.)

Amendment 14
Article 3, point 3

(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;

(3)   “battery pack” means any set of batteries or accumulators connected together and may be encapsulated in an outer casing into one complete unit, not intended to be opened by the consumer;

Justification

Technical clarification.

Amendment 15
Article 3, point 4

(4)   “portable battery or accumulator” means a battery or accumulator used in household applications, cordless power tools, emergency lighting and electrical and electronic equipment or other applications by either consumers or professional users;

(4)   “portable battery or accumulator” means a battery, a button cell, battery pack or accumulator used by either consumers or professional users in electrical and electronic equipment or other applications which are not automotive or industrial;

Justification

A definition based on the users rather than a non-exhaustive list of types of applications is more relevant. Adding ‘which are not automotive or industrial’ ensures that no batteries and accumulators fall under an area not defined. If battery packs or button cells are not explicitly listed under the portable batteries, they will not be covered by collection or treatment requirements. To have these items collected and treated is essential in addressing the environmental and health issues related to the mercury and cadmium contents of batteries.

Amendment 16
Article 3, point (5)

(5)   "button cell or accumulator" means a small round battery or accumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids, watches and small portable equipment;

(5)   "button cell" means a small round battery or accumulator whose diameter is greater than its height and which, for example, is used for special purposes such as hearing aids, watches, small portable equipment and back-up power;

Amendment 17
Article 3, point (6)

(6)   “industrial battery or accumulator” means a battery or accumulator used for industrial purposes, for instance as standby or motive power and a battery or accumulator used for electrical vehicles;

(6)   “industrial battery or accumulator” means a battery or accumulator used for industrial or commercial purposes or in public buildings;

Amendment 18
Article 3, point (9)

(9)   "recycling" means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding energy recovery;

(9)   "recycling" means the reprocessing in a production of the waste materials for the original purposes, but excluding energy recovery which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of the heat.

Justification

Consistency with the WEEE-directive.

Amendment 19
Article 3, point (11)

(11)   "treatment" means any treatment of spent batteries and accumulators after they have been handed over to a facility for sorting, recycling, preparation for disposal, and any other operation carried out for the recycling or disposal of spent batteries and accumulators;

(11)   "treatment" means any treatment in preparation for recycling, recovery or disposal of spent batteries and accumulators after they have been handed over to a facility and includes for example sorting, disassembly, decanting, etc;

Justification

It is important to distinguish treatment operations from recycling, recovery or disposal operations

Amendment 20
Article 3, point (13)

(13)   “producer” means any person who, irrespective of the selling technique used, including by means of distance communication according to Directive 97/7/EC on the protection of consumers in respect of distance contracts:

(13)   “producer” means any person who, irrespective of the selling technique used, including by means of distance communication according to Directive 97/7/EC on the protection of consumers in respect of distance contracts:

(a)   manufactures and sells batteries or accumulators under his own brand;

(a)   manufactures and sells batteries or accumulators under his own brand or incorporated into appliances;

(b)   resells batteries or accumulators under his own brand or incorporated into appliances;

(b)   resells under his own brand or incorporated into appliances batteries or accumulators produced by an other supplier, on condition that the supplier cannot be identified;

(c)   imports or exports batteries, accumulators or appliances on a professional basis into a Member State.

(c)   imports or exports batteries, accumulators or appliances on a professional basis into the Community market.

Justification

The definition of producer has consequences for the responsibility. According to article 3(i) of the WEEE-directive the producer of EEE is responsible for the incorporated batteries. The producer of the batteries is responsible after the batteries are taken out. According to Annex II(1), third indent the batteries should be taken out of the WEEE under responsibility of the producer of the EEE. From that moment, the producer of the batteries, when identifiable, is responsible. It should be avoided that both producers are responsible for the batteries at the same time, which will cause problems in practice.

Amendment 21
Article 3, point (13 a) (new)
 

(13a)   "distributor" means any person who provides batteries and accumulators on a commercial basis to the party who is going to use them.

Justification

The definition of ‘Distributor’ is in place in the WEEE Directive (Article 3 (j), to make clear who has responsibility for schemes that consumers can return their WEEE to free of charge. A similar approach needs to be applied to the Batteries Directive, to ensure that shared responsibility is clearly defined between the collection, treatment and recycling of portable batteries..

Amendment 22
Article 3, point 14

(14)   'closed-loop system' means a system in which a spent battery or accumulator is taken-back by a producer, or a third parties acting on his behalf, in order to recycle its secondary materials, which will be re-used in the manufacturing of new products.

(14)   'closed loop system' means a system in which spent a spent battery or accumulator is taken back by a producer or a third party acting either independently or on his behalf, in order to recycle its secondary raw materials, which will be reused in the manufacturing of new products.

Justification

Consistency with the WEEE-directive The proposed text does not reflect the current free market, which already operates highly successfully for the recycling of lead-acid accumulators which is the principal activity of lead smelters. Lead smelters collect spent lead-acid accumulators or purchase those collected by any other holder (scrap merchants, garages, municipal waste authorities, etc as well as battery producers). Many of these are small and medium sized companies. These holders are licensed in accordance to the requirements of the Member States were they operate.

The study 'Impact Assessment on Selected Policy Options for Revision of the Battery Directive' conducted for the European Commission by Bio Intelligence in 2003, recognised the shared nature of the of the market for collection, treatment and recycling of spent batteries where market forces already ensure a very high level of recycling.

Amendment 23
Article 4, paragraphs 1 and 2

1.   Member States shall prohibit the marketing of all batteries or accumulators, whether or not incorporated into appliances, which contain more than 0.0005% of mercury by weight.

1.   Without prejudice to Directive 2000/53/EC, Member States shall prohibit the marketing of all batteries or accumulators, whether or not incorporated into appliances, which contain more than:

 

a)   5 ppm of mercury,

 

b)   40 ppm Lead, and/or

 

c)   20 ppm Cadmium.

2.   Button cells, and batteries made up of button cells with a mercury content of no more than 2% by weight shall be exempt from the prohibition referred to in paragraph 1

2.   Paragraph 1 shall not apply to the applications listed in Annex IIa.

 

2a.   On the basis of a proposal from the Commission, the European Parliament and the Council shall amend Annex IIa according to technical progress, in order to further restrict the list of exemptions in Annex IIa, if the use of mercury, cadmium or lead in those applications has become avoidable because alternatives exist on the market.

Justification

As all batteries and accumulators are used in electrical appliances the prevention of heavy metals in the use of electrical appliances must be consistent with the measures of the ROHS Directive. It seems to be absurd, that manufacturers of electrical and electronic appliances are forced to reduce the level of cadmium, lead and mercury at a ppm level, while batteries used in such appliances still contain high levels of the heavy metals. From the battery industry it is known, that for the not rechargeable batteries (Alkaline, Zinc-Carbon batteries), which represent more than 85% of the total portable battery market these limits can be achieved today. On page 31 of the explanatory memorandum of the Commission proposal COM(2003)723 is mentioned that “For household appliances, the trend now seems to be towards substitution of NiCd batteries by other types (e.g. NiMH and Li-Ion)”.

A list of exemptions shall be provided for those applications where the use of the heavy metals in unavoidable; in other words, where no substitutes exist. Other buttons cells than for hearing aids (in the same wording as article 4(2) of the Commission proposal) and cordless power tools are also added to this list. This list of exemptions shall be reviewed to ensure that always the latest development on technology is reflected in this list. It is the objective of the Battery Directive that the use of cadmium, lead and mercury is prohibited in case the use is avoidable.

Amendment 24
Article 5

Member States shall promote research into the possibility of increasing the overall environmental performance of batteries and accumulators throughout their entire life-cycle, and the 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.

Member States shall promote research and encourage the producers to improve the overall environmental performance of batteries and accumulators throughout their entire life-cycle, and the development 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.

 

Member States shall promote research and development in these fields in support of these objectives.

Amendment 25
Article 5 a (new)
 

Article 5a

Member States may prohibit the marketing of accumulators containing heavy metals where heavy metal-free fuel cells are available.

Justification

Fuel cells are currently being developed for many applications, including for example portable personal computers, mobile telephones, and so on. Once appliances on the market have been accepted by consumers and to some degree attained a market share, Member States should be allowed to take steps with a view to replacing heavy metal accumulators in new appliances.

Amendment 26
Article 6

Article 6

deleted

Monitoring of the waste stream

 

1.   Member States shall ensure the monitoring of the quantities of spent portable nickel-cadmium batteries and accumulators disposed of in the municipal solid waste stream. A report on the results of the monitoring shall be drawn up on the basis of Table 1 in Annex I.

 

2.   Without prejudice to Regulation (EC) 2150/2002 on waste statistics1, Member States shall establish the report every year, starting one year after the date referred to in Article 32(1) of this Directive and covering the whole of each calendar year. It shall be transmitted to the Commission no later than six months after the end of the year concerned.

 

3.   The Commission shall establish detailed rules for the monitoring of the municipal solid waste stream as referred to in the previous paragraph, in accordance with the procedure referred to in Article 30.

 

OJ L, 322 of 9.11.2002.

 

Justification

The Commission correctly has put in its proposal a lot on emphasis to achieve that as least as possible NiCd- batteries are disposed of in landfills or incinerators. As there are alternatives available to substitute these NiCd batteries it is justified to phase out this type of battery technology.

On the other hand it is unjustifiable to ask the Member States to search for few hundred tons of NiCd batteries in several hundred thousand tons of household waste. Also from the statistical point of view, this is just impractical, as the representative probe to prove the objective would be very large. The amounts of portable batteries and accumulators marketed in the EU in 2002 were of 158.000 tons, of which 10.994 tons were NiCd batteries. The monitoring requirement should be evaluated in the light of the volume of the municipal waste stream, which in 2000 was of 200.000.000 tons. In other words, portable NiCd batteries and accumulators represent around 0,0055% of the total MSW. To be reliable, the quantification of such a restricted fraction has to be based on the sampling of very substantial amounts. This is a very expensive process, which costs are not accounted for in the “Extended Impact Assessment” that has been carried out. The proposal doesn’t give any indication on whose responsibility it will be to bear these costs.

Monitoring of the waste-steam has from itself no environmental benefit. According to the waste-hierarchy preventing the entrance of heavy metals in the waste stream is the best option. Some years after the prohibition of heavy metals the monitoring of nickel-cadmium batteries is not necessary any more.

Amendment 27
Article 8

Member States shall take the necessary measures to prevent the final disposal of spent batteries and accumulators and to aim at achieving a closed loop system for all spent batteries and accumulators.

Member States shall take the necessary measures to prevent the final disposal of spent batteries and accumulators and to achieve a closed loop system for all spent batteries and accumulators the use of which is not prohibited by Article 4 of this directive.

Justification

The recycling in closed-loop systems should only apply to batteries the marketing and use of which is allowed. Cadmium, mercury and lead from batteries that will be prohibited by this Directive should be finally disposed of.

Amendment 28
Article 9, paragraph 1, point (a)

(a)   schemes are set up under which spent portable batteries and accumulators can be returned free of charge and collection facilities are available and accessible, having regard to population density;

(a)   schemes are set up under which spent portable batteries and accumulators can be collected separately from end users or an accessible place in their vicinity free of charge unless they are collected through the schemes referred to in Article 5(1) of Directive 2002/96/EC;

Justification

With the WEEE Directive 2002/96/EC Member States and industry will set up collection schemes for electrical and electronic equipment. In the collection of WEEE also batteries will be collected. This is especially important for those appliances, which have batteries as an integrated product part such as mobile phones, laptops, toothbrushes and others. This amendment will ensure, that producers of electrical and electronic appliances, who set up or participate in collection schemes for waste of electrical and electronic equipment, do not have to operate a second administration of their batteries and do not have to participate and contribute into battery collection systems. This will increase the efficiency and will reduce bureaucratic burden from industry.

Amendment 29
Article 9, paragraph 1, point (a a) (new)
 

(aa)   end-users deliver their used batteries and accumulators to the collection facilities mention in point (a);

Justification

The collection starts with the delivery of the end-users.

Amendment 30
Article 9, paragraph 1 (b)

(b)   producers of industrial batteries and accumulators, or third parties acting on their behalf, take back from end-users spent industrial batteries and accumulators, regardless of chemical composition and origin;

(b)   producers of industrial batteries and accumulators, retailers, or third parties acting on their behalf, take back from end-users spent industrial batteries and accumulators, regardless of chemical composition and origin;

Justification

Retailers should be explicitly included in the collection schemes.

Amendment 31
Article 9, paragraph 1, point (c)

(c)   producers of automotive batteries and accumulators, or third parties acting on their behalf, set up schemes for the collection of spent automotive batteries and accumulators, unless they are collected through the schemes referred to in Article 5(1) of Directive 2000/53/EC.

(c)   producers of automotive batteries and accumulators, or third parties acting on their behalf, set up schemes for the collection of spent automotive batteries and accumulators from end users or an accessible place in their vicinity, unless they are collected through the schemes referred to in Article 5(1) of Directive 2000/53/EC.

Justification

Only by separate collection of batteries from end users or in their vicinity (neighbourhood recovery) can the collection targets referred to in Article 13 be achieved. Current data show that only around one third of the quantity of spent batteries can be recovered by means of bring-in systems.

Amendment 32
Article 9, paragraph 2 a (new)
 

2a.   Member States shall set up minimum deposit schemes on batteries with a low collection rate or containing hazardous substances.

 

The level of the deposit could differ depending on the risk potential of the substances contained.

Justification

Deposit-refund schemes are a vital component of ensuring high collection rates of batteries NiCd batteries – that have already gone on the market. Even with 90% collection rate we could theoretically still be missing the 7% NiCd in the total portable battery stream. To ensure these come back a deposit will be the most cost –efficient way compared to the high costs of information campaigns needed to push collection rates up when using ‘voluntary’ bring back.

Differentiating the deposit depending on the contained substances of the batteries also ensures that a stronger signal is sent on these potentially dangerous batteries, and a higher likelihood of return is created, and may even discourage their use when already on the market.

Amendment 33
Article 11

Prohibition of final disposal

Final disposal

Member States shall prohibit the final disposal of industrial and automotive batteries and accumulators in landfills or by incineration.

Member States shall prohibit the final disposal of whole or untreated industrial and automotive batteries and accumulators in landfills or by incineration.

 

Member States shall ensure final disposal in dedicated landfill cells in qualified hazardous waste landfills, with appropriate environmental protection guarantees, for deposition of the mercury, lead or cadmium fractions of batteries and accumulators after processing, when they cannot be recycled into new batteries.

Justification

As the paragraph currently reads it would suggest that materials from treated batteries could not be landfilled or incinerated once treated. It would not be technically possible to allow materials from batteries to be disposed of to landfill or incinerated. For example, incineration of 'black mass' is a common practice by battery recyclers at presen This amendment means that the issue of heavy metals and their potential harm to the environment is fully addressed in a simple manner for all batteries.

Amendment 34
Article 13

1.   No later than four years after the date referred to in Article 32(1), Member States shall achieve a minimum average collection rate equivalent to 160 grams per inhabitant per year for all spent portable batteries and accumulators including portable nickel-cadmium batteries.

1.   No later than four years after the date referred to in Article 32(1), Member States shall achieve a minimum average collection rate equivalent to 50% of the national annual sales of two years previously for all portable batteries and accumulators including portable nickel-cadmium batteries.

By the same date, Member States shall achieve a specific minimum collection rate equivalent to 80% of total quantity of spent portable nickel-cadmium batteries and accumulators per year. The total quantity shall comprise portable nickel-cadmium batteries and accumulators collected annually through collection schemes as well as those disposed of annually in the municipal solid waste stream.

No later than six years after the date referred to in Article 32 (1), Member States shall achieve a minimum average collection rate equivalent to 60% of the national annual sales of two years previously for all spent portable batteries and accumulators, including portable nickel-cadmium batteries.

2.   A report on the results of the monitoring shall be drawn up on the basis of Table 2 in Annex I. Without prejudice to Regulation (EC) 2150/2002 on waste statistics, Member States shall establish the report every year, starting one year after the date referred to in Article 32(1) and covering the whole of each calendar year. It shall be transmitted to the Commission no later than six months after the end of the year concerned.

2.   A report on the results of the collection shall be drawn up on the basis of Table 2 in Annex I. Without prejudice to Regulation (EC) 2150/2002 on waste statistics, Member States shall establish the report every year, starting one year after the date referred to in Article 32(1) and covering the whole of each calendar year. It shall be transmitted to the Commission no later than six months after the end of the year concerned.

 

2a.   No later than six years after the date referred to in Article 32(1), the Commission shall make a proposal in accordance with Article 251 of the Treaty to increase the collection targets.

Justification

The collection targets should be amended to percentage targets in order to better reflect the level of consumption, which varies throughout the EU. This percentage can easily be achieved through analysing the yearly sales volume. These should be based on the figures of two years previously in order to address the hoarding effect. This provision should be adequate to minimise any discrepancies brought about by the hoarding effect. An initial collection target of 50% is supported by local and regional authorities as ambitious but achievable, and should be complemented by a phased approach.

Amendment 35
Article 14, paragraph 1

1.   Member States may apply for an extension of the deadline to reach the collection targets referred to in Article 13 up to a maximum of 36 months, for reasons related to the specific situation of geographical circumstances such as the large number of small islands or the presence of rural and mountain areas and low population density.

1.   Member States may apply for an extension of the deadline to reach the collection targets referred to in Article 13 up to a maximum of 36 months, for reasons related to the specific situation of geographical circumstances such as the large number of small islands or the presence of rural and mountain areas and low population density. The list of extensions applied for and agreed are given in Annex ...[to be added before the adoption of this Directive]of the Directive.

Justification

In the interests of transparency it is essential that the Directive should spell out the extensions and adaptations applied for and agreed by individual Member States. There is no reason why such negotiations should not be concluded in time for adoption of this Directive as was the case with the Directive amending Directive 94/62/EC on packaging and packaging waste.

Amendment 36
Article 14, paragraph 2

2.   Member States having acceded to the European Union by virtue of Accession Treaties concluded after 1 January 2003, may also apply for an adaptation of the collection targets referred to in Article 13, because of the specific situation of a particular low level of battery consumption.

2.   Member States having acceded to the European Union by virtue of Accession Treaties concluded after 1 January 2003, may also apply for an adaptation of the collection targets referred to in Article 13, because of particular social, economic, geographical and environmental circumstances such as, for example, a large number of small islands or the existence of rural and mountainous areas and a low population density.The list of extensions applied for and agreed are given in Annex ...[to be added before the adoption of this Directive] of the Directive.

Justification

Reference should be made not to low battery consumption but, rather, to other needs which the new EU Member States may have and to circumstances in which they may find themselves. In the interests of transparency it is essential that the Directive should spell out the extensions and adaptations applied for and agreed by individual Member States. There is no reason why such negotiations should not be concluded in time for adoption of this Directive as was the case with the Directive amending Directive 94/62/EC on packaging and packaging waste.

Amendment 37
Article 14, paragraph 5

5.   The Commission shall inform other Member States of these decisions.

5.   The Commission shall inform the other Member States of the notifications received with a view to seeking their opinions on the subject before taking its decisions. The Commission shall also inform the Member States of those decisions.

Justification

All the Member States should be informed of the notifications received by the Commission, so as to be able to submit their own opinion on the subject.

Amendment 38
Article 15, paragraph 1

1.   Member States shall ensure that producers, or third parties acting on their behalf, set up schemes, using the best available treatment and recycling techniques, to provide for the treatment of spent batteries and accumulators collected in accordance with Article 9.

1.   Member States shall ensure that producers, or third parties acting on their behalf, set up schemes, using the best available treatment and recycling techniques with regard to the protection of human health and the environment, to provide for the treatment of spent batteries and accumulators collected in accordance with Article 9 that are consistent as a minimum with Community legislation, in particular as regards health, safety and waste management. They shall ensure that, when setting up the treatment schemes, the negative external impacts of transport are taken into account.

Member States shall ensure that, when setting up the treatment schemes, the negative external impacts of transport are taken into account.

 

Justification

It is essential that the requirements for treatment and recycling operations are distinguishable and separate. Since technologies for treatment operation are numerous and well established it will be difficult to provide a legal definition for 'best available techniques' in this case. It is therefore recommended that the minimum standard of treatment operations should be in accordance with the Community legislation on safety, health and waste management.

In the case of recycling operations the definition of 'best available techniques' must be related to its cost impact. Any technique which is in accordance with the Community legislation and referring to R4 Reclaiming of Metals and Metal Compounds, that are described as Non Ferrous Metals, BAT Reference Note (December 2001, http://eippcb.jrc.es) and that reflects the economic aspects, falls within this accepted definition. It is important to include the aspects of protection of human health and the environment into the treatment requirements.

Amendment 39
Article 15, paragraph 2

2.   The treatment shall, as a minimum, include removal of all fluids and acids, and storage, even temporarily, in sites with impenetrable surfaces and suitable weatherproof covering or in suitable containers.

2.   The treatment shall, as a minimum, include removal (where applicable) of all fluids and acids. Storage shall, where this occurs, even when temporary, be on sites with impenetrable surfaces and suitable weatherproof covering or in suitable containers.

Justification

Not all batteries contain fluids and acids which can be removed in the course of treatment. Storage is not the same as treatment so the two distinct processes should be referred to separately. This will also add clarity.

Amendment 40
Article 16, paragraph 1, subparagraph 1

1.   Treatment may also be undertaken outside the Member State concerned or the Community provided that the shipment of spent batteries and accumulators is in compliance with Council Regulation (EEC) No 293/93.

1.   Treatment and /or recycling may also be undertaken outside the Member State concerned or the Community provided that the shipment of spent batteries and accumulators is in compliance with Council Regulation (EEC) No 259/93.

Justification

Clarification.

Amendment 41
Article 16, paragraph 1, subparagraph 2

Spent batteries and accumulators exported out of the Community in accordance with Council Regulation (EEC) No 259/93, Council Regulation (EC) No 1420/19992 and Commission Regulation (EC) No 1547/1999/EC3 shall count towards the fulfilment of the obligations and targets in Articles 18 and 19 of this Directive, only if the exporter declares that the recycling operation took place under conditions equivalent to the requirements of this Directive.

Spent batteries and accumulators exported out of the Community in accordance with Council Regulation (EEC) No 259/93, Council Regulation (EC) No 1420/19992 and Commission Regulation (EC) No 1547/1999/EC3 shall count towards the fulfilment of the obligations and targets in Articles 11, 18 and 19 of this Directive, only if the exporter declares that the treatment and/or recycling operation took place under conditions equivalent to the requirements of this Directive.

Justification

Recycling and treatment operations should be allowed to take place outside the Member State concerned and should be properly accounted for.

In line with article 9, paragraph 2 the negative aspects of exporting spent batteries should be taken into account.

Amendment 42
Article 18, point (b)

(b)   Member States may allow to exempt up to a maximum of 10% of the collected portable batteries and accumulators from the obligation referred to in point (a) for technical reasons;

deleted

Justification

All used batteries collected have to be sent for recycling: there is no technical reason to divert 10% of the collected batteries. Whatever the conditions of used batteries are after collection, the recycling operations are possible.

Amendment 43
Article 19

1.   Member States shall ensure that, no later than three years after the date referred to in Article 32 (1), producers, or third parties acting on their behalf, achieve the following minimum recycling efficiencies:

1.   Member States shall ensure that, no later than three years after the date referred to in Article 32 (1), producers, or third parties acting on their behalf, achieve the following minimum recycling efficiencies:

(a)   recycling of all the lead and a minimum of 65% by average weight of the materials contained in lead-acid batteries and accumulators;

(a)   a minimum recycling of 65% by average weight of the materials contained in lead-acid accumulators and a closed loop of all the lead contained

(b)   recycling of all the cadmium and a minimum of 75% by average weight of the materials contained in nickel-cadmium batteries and accumulators.

(b)   a minimum recycling of 75% by average weight of the materials contained in nickel-cadmium accumulators and a closed loop of all the cadmium contained.

(c)   recycling of 55% by average weight of the materials contained in other spent batteries and accumulators.

(c)   recycling of 55% by average weight of the materials contained in other spent batteries and accumulators be achieved.

 

The proposed minimum recycling efficiencies are to be evaluated regularly and adapted to best available technology and scientific and technical progress in accordance with the procedure referred to in Article 30.

Amendment 44
Article 20, paragraph 1

1.   Member States shall ensure that producers, or third parties acting on their behalf, arrange the financing for at least the treatment, recycling and sound disposal of all spent portable batteries and accumulators deposited at collection facilities set up under Article 9(1)(a).

1.   Member States shall ensure that, no later than one year after the date referred to in Article 32(1), producers, or third parties acting on their behalf, provide the financing for at least the collection, treatment, recycling and environmentally sound disposal of all spent portable batteries and accumulators deposited at collection facilities set up under Article 9(1)(a).

Justification

Wording in line with WEEE. A clear timeline is necessary for the start of individual producer responsibility which should also apply to the collection of spent portable batteries..

Amendment 45
Article 20, paragraph 1 a (new)
 

1a.   For products put on the market later than one year after the date referred to in Article 32(1), each producer shall be responsible for financing the operations referred to in paragraph 1 relating to the waste from his own products.

Justification

The concept of individual producer responsibility for new products should also be applied in this Directive given the different treatment costs for the different chemical systems of batteries (in Germany, the fees applied in the current recycling scheme differ by more than 100%). This will create an incentive for eco-design while at the same time ensuring the financing of the actual treatment costs and avoiding any cross-subsidies.

Amendment 46
Article 21, paragraph 1 a (new)
 

1a.   For batteries which are still incorporated in other products such as cars or electrical and electronic equipment at the moment those other products become waste, the battery producers will only become responsible for the further treatment of the batteries after their removal from the other products.

Justification

In line with recital 22 it is good to make it clear that in the cases mentioned, producers will only become responsible for the further treatment of the batteries after their removal from the other products.

Amendment 47
Article 21, paragraph 2 a (new)
 

2a.   Member States shall ensure that end-users are obliged to return their spent industrial and automotive batteries and accumulators to collection systems.

Justification

In order to achieve as high a collection rate as possible consumers should be required to return their spent industrial and automotive batteries. This should be achieved through information campaigns, and could be co-ordinated with local authorities’ policies on fly-tipping in order to achieve high collection rates. This requirement completes the take-back obligation imposed on producers.

Amendment 48
Article 22

Member States shall take the necessary measures to ensure that, when placing a product on the market, each producer is registered and provides a guarantee, that the management of spent batteries and accumulators will be financed. The producer may provide a guarantee in the form of its participation in appropriate schemes for financing the management of spent batteries and accumulators, or of a recycling insurance, or of a blocked bank account.

Member States shall take the necessary measures to ensure that, when placing a product on the market, each producer is registered and provides a guarantee, that the management of spent batteries and accumulators that he has put on the market will be financed. The producer may provide a guarantee in the form of its participation in appropriate schemes for financing the management of spent batteries and accumulators, or of a recycling insurance, or of a blocked bank account.

 

For batteries which are still incorporated in other products, such as cars or electrical and electronic equipment, at the moment those other products become waste, the battery producers will only become responsible for the further treatment of the batteries after their removal from the other products.

 

Member States shall draw up a register of producers and collect information, including substantiated estimates, on an annual basis on the quantities and categories of batteries and accumulators put on their market, collected, treated and recycled within the Member States, and on collected waste exported, by weight or, if this is not possible, by numbers.

 

The measures should differentiate between the financing of the management of spent mercury, lead or cadmium batteries and accumulators and other spent batteries and accumulators.

 

Member States may disregard the financing guarantee where the collection and recycling of batteries and accumulators are self-financing.

Justification

NiCd, lead and mercury batteries are particularly problematic and their producers should be required to meet the extra costs associated with their disposal nt. In the case of some closed cycles, the value of the used products, e.g. lead acid batteries, is so high that it finances collection and recycling.

Amendment 49
Article 23, paragraph 1

1.   Responsibility for meeting the costs of managing the spent batteries and accumulators put on the market before entry into force of this Directive, historic waste, shall lie with producers.

1.   Responsibility for meeting the costs of collection, treatment, recycling and environmentally sound disposal of the spent batteries and accumulators put on the market before entry into force of this Directive, historic waste, shall lie with producers.

Amendment 50
Article 23, paragraph 1, subparagraph 1 a (new)
 

Member States shall take the necessary measures to ensure that all producers of portable batteries put on the market before entry into force of this Directive, or third parties acting on their behalf, have met their obligations in proportion to their weight related market share per type of battery and accumulator.

Justification

With regards to the producer responsibility to collect and recycle portable batteries, placed on the market before the entry into force of this Directive, this shall, in line with Article 8 (3) of the WEEE Directive, be based on their weight related market share per type of batteries and accumulator to ensure a fair situation in the market place.

Amendment 51
Article 24, paragraph 1

Member States shall ensure that all economic operators in the sectors concerned and all the competent public authorities may participate in the collection, treatment and recycling schemes referred to in Articles 9 and 15.

Member States shall ensure that all economic operators in the sectors concerned and all the competent public authorities may participate in the collection treatment and recycling schemes referred to in Articles 9, 10 and 15.

Amendment 52
Article 25, title

Consumer Information

End-user information

Justification

Information should not be directed solely at 'consumers' but at all 'end-users' of batteries and accumulators.

Also, since all technologies will be marked for sorting purposes wording should be changed.

Amendment 53
Article 25, paragraph 1

1.   Member States shall ensure, in particular through information campaigns, that consumers are fully informed of:

1.   Member States shall ensure, in particular through national information campaigns, that end-users are fully informed of:

Justification

Information should not be directed solely at “consumers” but at all “end-users” of batteries and accumulators.

Amendment 54
Article 25, paragraph 1, point (a)

(a)   the potential effects on the environment and human health of the substances used in batteries and accumulators;

(a)   the potential effects on the environment and human health of batteries and accumulators and of the substances used in batteries and accumulators;

Amendment 55
Article 25, paragraph 1 a (new)
 

1a.   Producers shall provide for the financing of the consumer information referred to in the previous paragraph.

Justification

When attempting to manage spent batteries and accumulators, about 50% of the costs fall on information to the consumer to ensure 'bring-back', 35% on collection, and only 15% on treatment. Producers of batteries should also be made financially responsible for the consumer information costs, which represent the biggest spending.

Amendment 56
Article 25, paragraph 2

2.   On the basis of the collection rates achieved, Member States shall, if appropriate, adopt additional measures to ensure that consumers participate in the collection of spent batteries and accumulators and to discourage them from the final disposal of such waste.

2.   Member States shall take appropriate measures to encourage consumers to participate in the collection of batteries and accumulators and to persuade them to facilitate the process of re-use, treatment and recovery.

Justification

Consistency with the WEEE Directive.

Amendment 57
Article 27, paragraph 1

1.   Member States shall ensure that all batteries, accumulators and battery packs are appropriately marked with the symbol shown in Annex II in accordance with the technical specifications laid down in that Annex.

1.   Member States shall ensure that all batteries, accumulators and battery packs are appropriately marked with the symbol shown in Annex II.

In exceptional cases, where this is necessary because of the size or function of the battery or accumulators, the symbol may be printed on the packaging.

 

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provisions can be put in this article and not in the Annex.

Amendment 58
Article 27, paragraph 1, subparagraph 1 a (new)
 

Member States shall ensure that the capacity of all batteries, accumulators and battery packs is indicated on them in a visible, legible and indelible form.

Justification

Non-rechargeable batteries vary largely in price, which is partially due to their different capacity. All sorts of qualitative claims are made about the performance of non-rechargeable batteries. While information about the capacity is already given for rechargeable batteries, this is not yet the case of non-rechargeable ones. In order to ensure clear and transparent information, consumers should be informed about the capacity of all batteries.

Amendment 59
Article 27, paragraph 2

2.   The Commission shall amend Annex II in order to adapt to technical progress, in accordance with the procedure referred to in Article 30

2.   Batteries, accumulators and button cell containing more than 5 ppm mercury, more than 20 ppm cadmium or more than 40 ppm lead, shall be marked with the chemical symbol for the metal concerned: Hg, Cd or Pb. The symbol indicating the heavy metal content shall be printed beneath the symbol in paragraph 1 of Annex II and shall cover an area of at least one quarter the size of that symbol.

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provisions can be put in this article and not in the Annex.

Amendment 60
Article 27, paragraph 2 a (new)
 

2a.   The symbol in paragraph 1 of Annex II shall cover 3% of the area of the largest side of the battery, accumulator or battery pack, up to a maximum size of 5 x 5 cm. In the case of cylindrical cells, the symbol shall cover 1.5% of the surface area of the battery or accumulator and shall have a maximum size of 5 x 5 cm.

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provisions can be put in this article and not in the Annex.

Amendment 61
Article 27, paragraph 2 b (new)
 

2b.   Where the size of the battery, accumulator or battery pack is such that the symbol would be smaller than 0.5 x 0.5 cm, the battery, accumulator or battery pack need not be marked but a symbol measuring 1 x 1 cm shall be printed on the packaging.

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provisions can be put in this article and not in the Annex.

Amendment 62
Article 27, paragraph 2 c (new)
 

2c.   The symbols shall be printed visibly, legibly and indelibly.

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provisions can be put in this article and not in the Annex.

Amendment 63
Article 27, paragraph 2 d (new)
 

2d.   Member States shall not require additional marking on batteries and accumulators relating to matters regulated by this Directive

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provisions can be put in this article and not in the Annex.

Amendment 64
Article 27, paragraph 2 e (new)
 

2e.   The Commission may, under the procedure referred to in Article 30, provide for exemptions from labelling pursuant to this Article.

Justification

Labelling may be superfluous for products in closed cycles.

Amendment 65
Article 29, paragraph 1, point (a)

(a)   The appropriateness of further risk management measures for batteries and accumulators containing heavy metals, taking into account the reporting

obligation of the Member States referred to in Article 6

(a)   The appropriateness of further risk management measures for batteries and accumulators containing heavy metals, taking into account the latest scientific evidence and the reporting obligation of the Member States referred to in Article 6

Justification

Further risk management measures have to be based on the sound scientific evidence use in risk assessment reports and carried out in accordance with Council Regulation 793/93/EEC on the evaluation and control of the risks of 'existing substances'.

Amendment 66
Article 29, paragraph 1, point (b)

(b)   The appropriateness of the minimum collection target for all spent portable batteries and accumulators and the additional collection target for spent portable nickel-cadmium batteries and accumulators set out in Article 13, taking into account the information provided by the Member States on the basis of Article 6, technical progress and practical experience gained in the Member States.

(b)   The appropriateness of the minimum collection target for all spent portable batteries and accumulators, taking into account the information provided by the Member States on the basis of Article 6, technical progress and practical experience gained in the Member States.

Justification

As a consequence of the prohibition of Nickel-Cadmium batteries, a reference to an additional collection target for the batteries is not necessary any more.

Amendment 67
Article 29, paragraph 1, point (c a) (new)
 

(ca)   The extent to which heavy metal-free fuel cells can replace accumulators containing heavy metals.

(Justification identical to the justification for the amendment inserting a new Article 5a.)

Justification

Fuel cells are currently being developed for many applications, including for example portable personal computers, mobile telephones, and so on. Once appliances on the market have been accepted by consumers and to some degree attained a market share, Member States should be allowed to take steps with a view to replacing heavy metal accumulators in new appliances.

Amendment 68
Article 29, paragraph 2, subparagraph 2 a (new)
 

In the light of the evaluation the Commission shall, where appropriate, submit a new proposal for a directive with a view, in so far as heavy metal-free fuel cells could replace accumulators containing heavy metals, to prohibiting the marketing of accumulators containing heavy metals in new appliances.

(Justification identical to the justification for the amendment inserting a new Article 5a.)

Justification

Fuel cells are currently being developed for many applications, including for example portable personal computers, mobile telephones, and so on. Once appliances on the market have been accepted by consumers and to some degree attained a market share, Member States should be allowed to take steps with a view to replacing heavy metal accumulators in new appliances.

Amendment 69
Annex I, table 1
 

This table deleted

Justification

Monitoring of the waste-steam has from itself no environmental benefit. According to the waste-hierarchy preventing the entrance of heavy metals in the waste stream is the best option. Some years after the prohibition of heavy metals the monitoring of nickel-cadmium batteries is not necessary any more.

This amendment is a consequence of the amendment deleting Article 6).

Amendment 70
Annex I, table 1
 

This table deleted

Justification

It is the objective of the Battery Directive to reduce the use of cadmium, lead and mercury as much as possible. Only for those applications where no substitutes exist, an exemption will be granted. At this moment, no reliable substitutes exist for the use of mercury in button cells for hearing aid applications, for cadmium in batteries for emergency lighting and for cadmium in batteries for industrial applications.

The restriction of the use of lead in automotive batteries and of cadmium in electrical vehicles is regulated by Directive 2000/53/EC on end-of life vehicles.

In some cases the application of NiCd batteries in cordless power tools is necessary; in those cases a member state should have the possibility to ask for an exemption. On the other hand the development of the alternatives (such as nickel-metal-hydride batteries) should be taken into account. For this reason, a general exemption for NiCd batteries in cordless power tools is not proposed in Annex I.

It should be clear that all batteries exempted from the prohibition of containing the heavy metals mercury, cadmium and lead, should not be landfilled or incinerated.

Amendment 71
Annex I, table 2, row 3 a (new)
 

Total quantity in tonnes of portable batteries and accumulators put on the market in the year

Justification

The table has to be modified to reflect the changes brought to Article 13.

Amendment 72
Annex I, table 2, row 5

Collection rate achieved for the total quantity of spent portable batteries and accumulators in grams/inhabitant

Collection rate achieved for the total quantity of spent portable batteries and accumulators in % of sales volumes based on two years previous.

Justification

The table has to be modified to reflect the changes brought to Article 13.

Amendment 73
Annex I, table 2, row 5 a (new)
 

Total quantity in tonnes of portable

nickel-cadmium batteries and accumulators put on the market in the year two years previously.

Justification

The table has to be modified to reflect the changes brought to Article 13.

Amendment 74
Annex I, table 2, row 6

Total quantity in tonnes of spent portable nickel-cadmium batteries and accumulators collected separately in the year (A)

Total quantity in tonnes of spent portable

batteries and accumulators collected

separately in the year

Justification

The table has to be modified to reflect the changes brought to Article 13.

Amendment 75
Annex I, table 2, row 7

Total quantity in tonnes of spent portable nickel-cadmium batteries and accumulators discarded in the municipal solid waste stream in the year (B).

deleted

Justification

The table has to be modified to reflect the changes brought to Article 13.

Amendment 76
Annex I, table 2, row 8

Collection rate achieved for the portable nickel-cadmium batteries and accumulators expressed as a % of A+B (%= A/(A+B) x 100)

Collection rate achieved for the total quantity of spent nickel-cadmium portable batteries and accumulators in % of sales volumes.

Justification

The table has to be modified to reflect the changes brought to Article 13.

Amendment 77
Annex II, point 1, symbol

IMAGE

IMAGE

Justification

The red circular border used in traffic signs is universally known to denote something prohibited. It attracts more attention than merely crossing out, which indicates that something is not working.

Amendment 78
Annex II, paragraph 2

2.   Batteries, accumulators and button cell containing more than 0.0005% mercury, more than 0.025% cadmium or more than 0.4% lead by weight, shall be marked with the chemical symbol for the metal concerned: Hg, Cd or Pb. The symbol indicating the heavy metal content shall be printed beneath the symbol in paragraph 1 of this Annex and shall cover an area of at least one quarter the size of that symbol.

deleted

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provision can be put in an article and not in the Annex.

Amendment 79
Annex II, paragraph 3

3.   The symbol in paragraph 1 of this Annex shall cover 3% of the area of the largest side of the battery, accumulator or battery pack, up to a maximum size of 5 x 5 cm. In the case of cylindrical cells, the symbol shall cover 1.5% of the surface area of the battery or accumulator and shall have a maximum size of 5 x 5 cm.

deleted

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provision can be put in an article and not in the Annex.

Amendment 80
Annex II, paragraph 4

4.   Where the size of the battery, accumulator or battery pack is such that the symbol would be smaller than 0.5 x 0.5 cm, the battery, accumulator or battery pack need not be marked but a symbol measuring 1 x 1 cm shall be printed on the packaging.

deleted

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provision can be put in an article and not in the Annex.

Amendment 81
Annex II, paragraph 5

5.   The symbols shall be printed visibly, legibly and indelibly.

deleted

Justification

It is not necessary to change the labelling provision in the future. Consequently, these provision can be put in an article and not in the Annex.

Amendment 82
Article 22

Annex IIa

Batteries and Accumulators in Applications Exempted from the Prohibition in Article 4 (1)

In accordance with Article 4, paragraph 2, batteries and accumulators, whether or not incorporated into appliances, in the following applications are exempted from the prohibition mentioned in Article 4, paragraph 1:

-   Button cells, and batteries made up of button cells with a mercury content of no more than 2% by weight

-   Cadmium in batteries or accumulators for emergency lighting

-   Cadmium in batteries and accumulators for industrial applications

-   Cadmium in batteries and accumulators for aeroplanes and trains, but excluding NiCd batteries used in electrical vehicles, since those applications fall under Article 4 (2) (a) of Directive 2000/53/EC

-   Lead in automotive batteries and accumulators, according to the provisions of Directive 2000/53/EC.

-   Lead in batteries and accumulators of applications which are needed to start combustion engines (for example in garden tractors, boat engines, aeroplanes and motorcycles)

-   Lead in batteries and accumulators for industrial applications

-   Cadmium in batteries and accumulators for cordless power tools

In accordance with Article 11, member States shall prohibit the final disposal of all batteries and accumulators listed in this Annex in landfills or by incineration.

Justification

A list of exemptions shall be provided for those applications where the use of the heavy metals in unavoidable; in other words, where no substitutes exist. This list of exemptions shall be reviewed to ensure that always the latest development on technology is reflected in this list.

NiCd batteries used in electrical vehicles can not be added to this exemption list, since those applications fall under Article 4 (2) (a) of Directive 2000/53/EC. Other buttons cells than for hearing aids (in the same wording as article 4(2) of the Commission proposal) and cordless power tools are also added to this list.

It should be clear that all batteries exempted from the prohibition of containing the heavy metals mercury, cadmium and lead, should not be landfilled or incinerated.

  • [1] OJ C ... / Not yet published in OJ.

EXPLANATORY STATEMENT

Introduction

The biggest problem with batteries and accumulators is that they contain heavy metals: mercury, lead and cadmium. Directive 98/101/EC (amending Directive 91/157/EEC) therefore prohibited batteries containing mercury (i.e. more than 5 ppm mercury), with the exception of button cells for hearing aids and watches. Such button cells, like batteries containing more than 0.025% cadmium or 0.4% lead, must be collected separately pursuant to Directive 91/157/EEC. In practice, the collection only of batteries containing mercury, lead or cadmium did not work, because consumers did not distinguish between batteries along these lines. This is one of the reasons why the Commission decided to opt for the collection of all batteries, the other reason being that valuable material from all batteries can be recycled.

Background

This amendment of the directive on batteries has been awaited for years. In its resolution of 25 January 1998, the Council asked the Commission to submit as soon as possible a proposal for a Community action programme to combat pollution of the environment with cadmium. In the second half of 2000, amendment of the 1991 directive on batteries was on the official agenda of the French Presidency, but this did not lead to any proposal. Since then, the Commission has on several occasions promised to submit a proposal. The need to do so was also urged in connection with the adoption of the directive on waste electrical and electronic equipment (WEEE) (Directive 2002/96/EC), Recital 11 of which states, 'Directive 91/157/EEC needs to be revised as soon as possible, particularly in the light of this Directive.' At the Environment Committee's meetings of 11 September 2001 and 19 February 2003, Mr Blokland and Mr Lund tabled written questions urging the Commission to revise the directive on batteries without delay. Nearly six years after the Council's resolution on cadmium, a proposal has finally been received from the Commission. In the meantime, related EU legislation has banned the use of the heavy metals mercury, lead and cadmium in components and materials in vehicles placed on the market after 1 July 2003 and in new electrical and electronic equipment placed on the market after 1 July 2006.

The directive on end-of-life vehicles (2000/53/EC) bans the use of cadmium in vehicles, while permitting the use of NiCd batteries in electric vehicles until 31 January 2005. This period may be extended.

The Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (2002/95/EC) restricts the use of heavy metals. In principle, cadmium is banned, with a limited exception for surface treatment. Other restrictions on the use of heavy metals in batteries were left to this directive.

Substance of the Commission proposal

Important new elements in the Commission proposal in comparison with Directive 91/157/EEC are:

1.   the scope of the directive is extended to all batteries, all of which must now be collected;

2.   binding collection rates (at least 160 g per inhabitant per annum for portable batteries with effect from 5½ years after the publication of the new directive);

3.   binding recycling rates and recycling efficiencies;

4.   financing mechanism under which producer responsibility plays a large role.

There are no other significant changes in comparison with 1991.

As regards heavy metals, the quantitative proposals are as follows:

  • Portable batteries must not contain more than 5 ppm mercury (except in the case of button cells).
  • 100% of lead batteries for motor vehicles and industrial use must be collected (due to the ban on final disposal) and recycled with a minimum efficiency of 65%.
  • 100% of nickel-cadmium batteries for industrial use must be collected (due to the ban on final disposal) and recycled with a minimum efficiency of 75%.
  • Portable nickel-cadmium batteries are subject to a collection rate of 160 g, and 80% of the available quantity must be collected and recycled with a minimum efficiency of 75%.
  • Other portable batteries (zinc-carbon, zinc-magnesium, nickel-metal hydride, lithium ion, etc.) are subject to the collection rate of 160 g and are to be recycled with a minimum efficiency of 55%.

Comments on the Commission proposal

The four new elements in the Commission proposal, as described in the previous section, are to be welcomed. However, there are some comments to be made, particularly regarding points 1 and 2.

Re 1 (collection of all types of batteries)

In the Member States where all batteries are collected, collection works much better than in those where only batteries containing mercury, lead or cadmium are collected. It is also very sensible that the Commission has not opted for a collection rate based on annual sales. It would be extremely difficult, if not impossible, to ascertain (even retrospectively) whether such a collection rate was being attained. It is difficult to correlate collection statistics with sales figures. Batteries may remain in use for years, after which it is not uncommon for them to lie about the home for years longer. The problem with portable batteries is that consumers do not feel a strong urge to return them. They are small and therefore do not get in the way but tend to be left lying in drawers, boxes and so on. The situation with paper and glass is very different. Within a few weeks, boxes of paper and crates of glass containers begin to create an obstacle, and they are therefore removed quickly. This explains why consumers may retain batteries for so long. The decision to opt for a quantity in grams which can readily be checked is therefore much better. The Commission's extended impact assessment states that a quantity of 160-200 g is the most cost-efficient (SEC(2003) 134, p. 78). Thus it is possible to opt for a figure of 200 g per inhabitant per annum. Moreover, Member States can link the necessary arrangements to collection systems which exist under the WEEE Directive. There are therefore strong arguments in favour of opting for a slightly more ambitious figure of 200 g per inhabitant per annum. On average, this target represents a collection rate of approximately 50% of annual sales.

Re 2 (compulsory collection rates)

In addition to the collection quantity (the 160 g proposed by the Commission) for portable batteries, it follows from the proposed ban on the disposal of industrial and car batteries that 100% of these batteries must be collected. The current practice is to collect and recycle all of these large batteries via the existing collection systems. Thus the ban on final disposal is no problem at all.

In the case of portable batteries the situation is quite different, and it is for this reason that the Commission has decided on a quantity in grams to be collected. For portable nickel-cadmium batteries, however, an additional collection obligation is also proposed. This is inconsistent with the approach to other batteries. The proposed collection rate for nickel-cadmium batteries is high: 80% of the quantity available for collection. It is not clear why the Commission anticipates that this high collection rate can be attained. The reason for opting for a high rate is the so-called closed-loop system for cadmium. Even with a collection rate of 80%, there will not be a closed loop, because 20% of the cadmium will still enter the ordinary waste stream and ultimately find its way into incinerators or landfills. As cadmium is a volatile metal, if waste containing it is incinerated it will inevitably be emitted into the air.

Monitoring of nickel-cadmium batteries in the waste stream

In order to ascertain whether 80% of the available quantity of portable nickel-cadmium batteries has been collected, a complicated method is proposed. Briefly, it means that four times as many nickel-cadmium batteries must be collected as are disposed of with domestic refuse. Samples are to be taken of domestic refuse in order to ascertain what quantity of nickel-cadmium batteries the total quantity of domestic refuse contains. The following calculation shows what quantities are involved. In 2002, 158 000 tons of batteries were marketed in the EU, including 10 994 tons of nickel-cadmium batteries. Assuming that urban refuse totalled 200 million tons (in 2000), this means that 0.0055% of all urban refuse consists of nickel-cadmium batteries. Thus in order to obtain a representative sample it would be necessary to take an enormous quantity of domestic refuse, ranging from tens of thousands to hundreds of thousands of tons. The very high costs of this sampling are not taken into account in the Extended Impact Assessment (SEC(2003)134). Moreover, it is not clear who is to pay for it. This absurd method of checking whether the collection target is being attained will confer absolutely no environmental benefits. If account is taken of the waste strategy (in which the order of priority is: prevention, recycling, disposal), it goes without saying that efforts must be made to eliminate heavy metals from the waste stream.

Prevention of heavy metals

On pages 9 to 12 of the Explanatory Memorandum on the Commission's proposal, the damaging effects of the heavy metals mercury, cadmium and lead on the environment and health are clearly described. Directive 98/101/EC (amending Directive 91/157/EEC) bans batteries containing mercury (= more than 5 ppm mercury). EU law now bans motor components and materials in vehicles placed on the market after 1 July 2003 from containing the heavy metals mercury, lead and cadmium, and the same applies to new electrical and electronic equipment placed on the market after 1 July 2006. In accordance with existing law, the use of mercury, cadmium and lead should also be limited as strictly as possible under this directive. In a number of cases, exceptions are justified, such as mercury in hearing aids, lead in car batteries and cadmium for industrial uses, as it is disputed whether reliable substitutes exist for these applications.

The Commission has not opted to ban cadmium and lead in portable batteries because a closed loop for cadmium in portable batteries would supposedly afford the same environmental protection (p. 31). As has already been observed in this Explanatory Statement, a closed loop is impossible. Cadmium and lead are being removed from existing products (scrap vehicles, WEEE, PVC, plastics, etc.). As this directive incorporates measures restricting various damaging substances, it would also have been logical to take similar measures with regard to the hazardous substances contained in batteries.

Moreover, there is a clear trend towards nickel-metal hydride and lithium ion batteries as replacements for NiCd batteries in electronic equipment. As satisfactory alternatives exist for these applications and are already in use on a large scale (lithium-metal hydride in mobile phones, for example), a ban on portable NiCd batteries is justified. Such a ban will prevent the damaging and polluting effects of cadmium.

In brief, if one wishes to make progress from the point of view of the environment by means of this directive, one should at least, where possible, limit the use of the heavy metals mercury, cadmium and lead in batteries.

OPINION OF THE COMMITTEE ON LEGAL AFFAIRS AND THE INTERNAL MARKET ON THE LEGAL BASIS

Subject: Legal basis of the proposal for a Directive on batteries and accumulators and spent batteries and accumulators - COM(2003)723 - 2003/0282(COD) - C5-0563/2003

Dear Mrs Jackson,

By letter of 22 January 2004 you requested the Committee on Legal Affairs and the Internal Market, under Rule 63(2), to consider the issue of the appropriate legal basis for the above proposal. You did so because, while the Commission had based its proposal on Article 95(1) and 175(1) of the EC Treaty, some Members of your Committee took the view that the correct legal basis should be solely Article 175(1) of the EC Treaty.

The Committee on Legal Affairs and the Internal Market considered the above question at its meeting of 8 March 2004.

The Committee on Legal Affairs and the Internal Market is essentially asked to verify the choice of the appropriate legal basis for the measure which the Commission proposes and, in particular, on whether it should be founded on Article 95 or Article 175 of the EC Treaty. Both Article 95 EC and Article 175 EC lay down the co-decision procedure.

It is clear from settled case law of the ECJ that the choice of the legal basis does not depend on the discretion of the Community legislature but must be based on objective elements which are amenable to judicial control. Among these elements are, in particular, the aim and the content of the legal act.[1] In practice, the Court bases its findings essentially on the recitals stated in the preamble.

It is also necessary to determine whether the measures in question relate principally to a particular field of action, having only incidental effects on other policies, or whether both aspects are equally essential. If the first hypothesis is correct, recourse to a single legal basis is sufficient[2]; if the second is correct, it is insufficient[3] and the institution is required to adopt the measure on the basis of both of the provisions from which its competence derives.[4] However, no such dual basis is possible where the procedures laid down for each legal basis are incompatible with each other.[5]

In the present case, application of those criteria amounts to asking whether the draft Directive, in the light of its context, its aim and its content, constitutes an act principally concerning environmental protection which is liable to have incidental effects on the internal market, whether, conversely, it is principally an act concerning internal market which incidentally takes account of certain environmental requirements, or whether it is inextricably concerned both with environmental protection and with internal market.

It is true that numerous provisions of the draft Directive relate specifically to the environment. However, the fact remains that, as shown by the above considerations, the draft Directive is, in the light of its aim and its content, also an instrument intended to harmonise the legislation of the Member States which have as their object the establishment and functioning of the internal market.

It follows from all of the foregoing considerations that adoption of the Directive must be founded on a dual legal basis. Consequently, Article 95(1) and Article 175(1) of the EC Treaty, is the appropriate legal basis.

The Committee on Legal Affairs and the Internal Market thus unanimously decided[6] that Article 95(1) and Article 175(1) of the EC Treaty is the appropriate legal basis.

Yours sincerely,

Giuseppe Gargani

  • [1] See, inter alia, ECJ, case C-42/97, Parliament v Council, para. 36.
  • [2] Case C-70/88 Parliament v Council [1991] ECR I-4529, paragraph 17, and Case C-271/94 Parliament v Council [1996] ECR I-1689, paragraphs 32 and 33.
  • [3] Case 242/87 Commission v Council [1989] ECR 1425, paragraphs 33 to 37, and Case C-360/93 Parliament v Council [1996] ECR I-1195, paragraph 30.
  • [4] Case 165/87 Commission v Council [1988] ECR 5545, paragraphs 6 to 13.
  • [5] Case C-300/89 Commission v Council [1991] ECR I-2867, paragraphs 17 to 21.
  • [6] At its meeting of 8 March 2004, the following were present for the vote: Giuseppe Gargani (President), Paolo Bartolozzi, Ward Beysen, Enrico Ferri, Janelly Fourtou, Marie-Françoise Garaud, Evelyne Gebhardt, José María Gil-Robles Gil-Delgado, Malcolm Harbour, Klaus-Heiner Lehne, Toine Manders, Manuel Medina Ortega, Elena Ornella Paciotti, Marianne L.P. Thyssen, Ian Twinn, Diana Wallis.

OPINION OF THE COMMITTEE ON INDUSTRY, EXTERNAL TRADE, RESEARCH AND ENERGY

30 March 2004

for the Committee on the Environment, Public Health and Consumer Policy

on the proposal for a directive of the European Parliament and of the Council on batteries and accumulators and spent batteries and accumulators

(COM(2003) 723 – C5‑0563/2003 – 2003/0282(COD))

Draftsman: Rolf Linkohr

PROCEDURE

The Committee on Industry, External Trade, Research and Energy appointed Rolf Linkohr draftsman at its meeting of 4 February 2004.

It considered the draft opinion at its meetings of 23 February 2004, 18 March 2004 and 29 March 2004.

At the last meeting it adopted the following amendments unanimously.

The following were present for the vote: Luis Berenguer Fuster, chairman; Peter Michael Mombaur, vice-chairman; Rolf Linkohr, draftsman; Konstantinos Alyssandrakis, Sir Robert Atkins, Emmanouil Bakopoulos (for Fausto Bertinotti, pursuant to Rule 153(2)), Guido Bodrato, Giles Bryan Chichester, Marie-Françoise Duthu, Concepció Ferrer, Norbert Glante, Hans Karlsson, Caroline Lucas, Marjo Matikainen-Kallström, Eryl Margaret McNally, Ana Miranda de Lage, Paolo Pastorelli, John Purvis, W.G. van Velzen, Gordon J. Adam (for Imelda Mary Read), Ward Beysen (for Daniela Raschhofer), Roberto Felice Bigliardo (for Seán Ó Neachtain), David Robert Bowe (for Gary Titley), Benedetto Della Vedova (for Marco Cappato), Neena Gill (for Erika Mann), Alfred Gomolka (for Werner Langen), Malcolm Harbour (for Bashir Khanbhai), Bill Newton Dunn (for Nicholas Clegg), Samuli Pohjamo (for Willy C.E.H. De Clercq), Bernhard Rapkay (for Mechtild Rothe) and Gerhard Schmid (for Esko Olavi Seppänen, pursuant to Rule 153(2)).

SHORT JUSTIFICATION

The purpose of the Commission proposal is to make the use of batteries and accumulators environment friendlier and simplify the legislation in this area.

At present about 158 000 tonnes of portable batteries and accumulators are sold in the EU every year, along with some 58 million, or approximately 870 000 tonnes of, automotive batteries. Nationwide separate collection is as yet compulsory only for automotive batteries. According to a study carried out for the Commission[1] only five Member States to date have produced figures on collection rates, which range from 76% in Sweden to 91% in France. The Austrian result is an outlier to the extent that collection has exceeded sales. The collection rates for portable batteries and accumulators are better documented and range between 0.5% in the United Kingdom – where collection has not yet been organised – and 60% in Belgium. The figures for Denmark are for nickel-cadmium batteries only, the return rate being 98%. No figures are available for the accession countries.

Batteries can contain many dangerous substances and are therefore divided into two categories:

1.   dangerous batteries

lead: above all rechargeable lead-acid batteries used in cars; about 75% of world lead production is used for automotive batteries;

nickel-cadmium batteries account for some 75% of total EU cadmium consumption;

batteries containing mercury (including button cells);

2.   non-dangerous batteries

examples include nickel-metal hydride accumulators and lithium batteries.

One problem is what happens to dangerous batteries on landfills. They rust and leak, and in the acidic environment within the body of waste, heavy metals are washed away into leachate and possibly – depending on how well the landfill base is sealed – into groundwater. To prevent this happening, separate battery collection has been introduced in many Member States. Batteries are a rich source of secondary raw materials: not just lead and cadmium, but also nickel, cobalt, and silver can be recovered from them. Further research is needed to help develop better recycling processes.

The most elegant solution to the problem lies in heavy metal-free fuel cells, which are currently being developed for various applications and could already replace heavy metal accumulators in the near future. Among the possible applications are portable personal computers and mobile telephones. The legislative authority should act as soon as the extent of progress allows. Some of the amendments tabled in this opinion are designed to provide the necessary encouragement.

A number of other amendments clarify terms and definitions.

AMENDMENTS

The Committee on Industry, External Trade, Research and Energy calls on the Committee on the Environment, Public Health and Consumer Policy, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[2]Amendments by Parliament
Amendment 1
Recital 4

(4)   The objective of the provisions on minimum requirements for the collection, treatment and recycling of spent batteries and accumulators and consumer information (Chapters IV – VII) is the protection of the environment and the legal basis for those provisions is therefore Article 175(1) of the Treaty. The objective of the provisions related to product requirements, placing on the marking and labelling in Chapters II, III, VIII and Annex II is to ensure the proper functioning of the internal market and the legal basis for those provisions is therefore Article 95(1) of the Treaty.

(Does not affect English version.)

Justification

(Does not affect English version.)

Amendment 2
Recital 15

(15)   Consumer information on separate collection, the collection schemes available and the consumer’s role in the management of spent batteries and accumulators is necessary for successful collection. Detailed arrangements should be made for a marking system, which should provide the consumer with transparent, reliable and clear information on the collection of batteries and accumulators and the heavy metals they contain.

(15)   End-user information on separate collection, the collection schemes available and the end-user’s role in the management of spent batteries and accumulators is necessary for successful collection. Detailed arrangements should be made for a marking system, which should provide the end-user with transparent, reliable and clear information on the collection of batteries and accumulators and the heavy metals they contain.

Justification

Marking systems should not be directed only at consumers but at all end users to ensure that they can participate too in the management of spent batteries and accumulators.

Amendment 3
Recital 21

(21)   This Directive applies without prejudice to Community legislation on safety, quality and health requirements and specific Community waste management legislation, in particular Directive 2000/53/EC of the European Parliament and Council of 18 September 2000 on end-of life vehicles and Directive 2002/96/EC of the European Parliament and the Council of 27 January 2003 on waste electrical and electronic equipment.

(21)   This Directive applies without prejudice to Community legislation on safety, quality and health requirements and specific Community waste management legislation, in particular Directive 2002/96/EC of the European Parliament and the Council of 27 January 2003 on waste electrical and electronic equipment. Directive 2000/53/EC of the European Parliament and Council of 18 September 2000 on end-of life vehicles needs to be revised in light of the content of the Directive on batteries and accumulators.

Justification

To ensure coherence in Community waste management legislation, the Batteries Directive should be the controlling instrument on batteries and accumulators. In particular, rather than giving way to the End-of Life Vehicles (ELV) Directive, it is the ELV Directive that should be amended.

Amendment 4
Recital 24

(24)   Automotive and industrial batteries used in vehicles should meet the requirements of Directive 2000/53/EC, in particular Article 4 thereof. As regards the use of cadmium in industrial batteries for electrical vehicles, Annex II to Directive 2000/53/EC grants an exemption until 31 December 2005.

deleted

Amendment 5
Article 2, paragraph 2

2.   This Directive shall not apply to batteries and accumulators used in equipment connected with protection of essential interests of the security of Member States, including military material, or in arms and munitions intended for specifically military purposes.

2.   This Directive shall not apply to batteries and accumulators used in equipment connected with protection of essential interests of the security of Member States, including military material, or in arms and munitions intended for specifically military purposes, or to batteries and accumulators used in vehicles and equipment designed to be sent into space.

Justification

This directive should not have the unintended consequence of making space exploration more difficult.

Amendment 6
Article 3, point 2

(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);

(Does not affect English version.)

Justification

(Does not affect English version.)

Amendment 7
Article 3, point 4

(4)   “portable battery or accumulator” means a battery or accumulator used in household applications, cordless power tools, emergency lighting and electrical and electronic equipment or other applications by either consumers or professional users;

(4)   “portable battery or accumulator” means a battery or accumulator used by either consumers or professional users in electrical and electronic equipment or other applications which are not automotive or industrial;

Justification

A definition based on the users rather than a non-exhaustive list of types of applications is more relevant. Adding ‘which are not automotive or industrial’ ensures that no batteries and accumulators fall under an area not defined.

Amendment 8
Article 3, point 6

(6)   “industrial battery or accumulator” means a battery or accumulator used for industrial purposes, for instance as standby or motive power and a battery or accumulator used for electrical vehicles;

(6)   “industrial battery or accumulator” means a battery or accumulator used for industrial purposes, for instance standby power, emergency lighting, motive power or electrical vehicles;

Justification

These four categories represent the most important market segments for industrial batteries, while the original text lists only certain (sub)segments of the market. To avoid grey areas, the proposed four categories should be named instead.

Amendment 9
Article 3, point 11

(11)   “treatment” means any treatment of spent batteries and accumulators after they have been handed over to a facility for sorting, recycling, preparation for disposal, and any other operation carried out for the recycling or disposal of spent batteries and accumulators;

(11)   “treatment” means any treatment of spent batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling, or preparation for disposal, and any other operation carried out for the recycling or disposal of spent batteries and accumulators;

Justification

The revised definition refers to preparation for recycling as being a form of treatment.

Amendment 10
Article 5

Member States shall promote research into the possibility of increasing the overall environmental performance of batteries and accumulators throughout their entire life-cycle, and the 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.

Member States shall promote research into the possibility of increasing the overall environmental performance of batteries and accumulators throughout their entire life-cycle, and the development 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. In the research framework programme under its responsibility the Commission shall in particular promote research and development focusing on new recycling processes and on fuel cells to replace rechargeable batteries and accumulators.

Justification

The article should relate to environmental performance, that is to say research and development as opposed to marketing, which is a separate subject. The research framework programme should support EU policy goals.

Amendment 11
Article 5 a (new)
 

Article 5a

Member States may prohibit the marketing of accumulators containing heavy metals where heavy metal-free fuel cells are available.

Justification

Fuel cells are currently being developed for many applications, including for example portable personal computers, mobile telephones, and so on. Once appliances on the market have been accepted by consumers and to some degree attained a market share, Member States should be allowed to take steps with a view to replacing heavy metal accumulators in new appliances.

Amendment 12
Article 6, paragraph 3

3.   The Commission shall establish detailed rules for the monitoring of the municipal solid waste stream as referred to in the previous paragraph, in accordance with the procedure referred to in Article 30.

3.   The Commission shall establish detailed rules for the monitoring of the municipal solid waste stream as referred to in the previous paragraphs, in accordance with the procedure referred to in Article 30.

Justification

The words ‘previous paragraph’ should be made plural to refer to both paragraph 1 and 2 of Article 6.

Amendment 13
Article 13, paragraph 1, subparagraph 1

1.   No later than four years after the date referred to in Article 32(1), Member States shall achieve a minimum average collection rate equivalent to 160 grams per inhabitant per year for all spent portable batteries and accumulators including portable nickel-cadmium batteries.

1.   No later than five years after the date referred to in Article 32(1), Member States shall achieve a minimum average collection rate equivalent to 110 grams per inhabitant per year for all spent portable batteries and accumulators including portable nickel-cadmium batteries.

Justification

Battery collection facilities do not exist in all Member States. Where schemes are in place, they are not equally effective across the EU. The collection rates in countries with established schemes range from 3 to 228 g/inhabitant/year, the higher rates only being achieved after a period of more than four years. In order to ensure that EU targets are realistic and can be achieved, it is necessary to maintain a reasonable period for Member States with little or no collection culture to adapt to the directive.

Amendment 14
Article 15, paragraph 1

1.   Member States shall ensure that producers, or third parties acting on their behalf, set up schemes, using the best available treatment and recycling techniques, to provide for the treatment of spent batteries and accumulators collected in accordance with Article 9.

1.   (a) Member States shall ensure that producers, or third parties acting on their behalf, set up schemes for the treatment of spent batteries and accumulators collected in accordance with Article 9 that are consistent as a minimum with Community legislation, in particular as regards health, safety and waste management.

Member States shall ensure that, when setting up the treatment schemes, the negative external impacts of transport are taken into account.

Member States shall ensure that, when setting up the treatment schemes, the negative external impacts of transport are taken into account.

 

(b)   Member States shall ensure that producers, or third parties acting on their behalf, set up schemes, using the best available recycling techniques not entailing excessive costs for the spent batteries and accumulators collected in accordance with Article 9.

Justification

The requirements for treatment and recycling operations should be distinguishable and separate. Since technologies for treatment operations are numerous and well established, it will be difficult to provide a legal definition for ‘best available techniques’ in this case. The minimum standard should therefore be set in accordance with Community legislation.

In the case of recycling operations, the definition of ‘best available techniques’ should be related to the cost implications.

Amendment 15
Article 15, paragraph 2

2.   The treatment shall, as a minimum, include removal of all fluids and acids, and storage, even temporarily, in sites with impermeable surfaces and suitable weatherproof covering or in suitable containers.

2.   The treatment shall, as a minimum, include removal of all fluids and acids where applicable, and storage, even temporarily, in sites with impermeable surfaces and suitable weatherproof covering or in suitable containers.

Justification

Clarification. Not all batteries contain fluids and acids that can be removed in the treatment process. Some batteries contain no liquid at all.

Amendment 16
Article 16, paragraph 1

1.   Treatment may also be undertaken outside the Member State concerned or the Community provided that the shipment of spent batteries and accumulators is in compliance with Council Regulation (EEC) No 293/93.

1.   Treatment and/or recycling may also be undertaken outside the Member State concerned or the Community provided that the shipment of spent batteries and accumulators is in compliance with Council Regulation (EEC) No 293/93.

Spent batteries and accumulators exported out of the Community in accordance with Council Regulation (EEC) No 259/93, Council Regulation (EC) No 1420/1999 and Commission Regulation (EC) No 1547/1999/EC shall count towards the fulfilment of the obligations and targets in Articles 18 and 19 of this Directive, only if the exporter declares that the recycling operation took place under conditions equivalent to the requirements of this Directive.

Spent batteries and accumulators exported out of the Community in accordance with Council Regulation (EEC) No 259/93, Council Regulation (EC) No 1420/1999 and Commission Regulation (EC) No 1547/1999 shall count towards the fulfilment of the obligations and targets in Articles 18 and 19 of this Directive, only if the exporter declares that the treatment and/or recycling operation took place under conditions equivalent to the requirements of this Directive.

Justification

Recycling and treatment operations should be allowed to take place outside the Member State concerned and should be properly accounted for.

Amendment 17
Article 19, paragraph 1, introductory part

1.   Member States shall ensure that, no later than three years after the date referred to in Article 32(1), producers, or third parties acting on their behalf, achieve the following minimum recycling efficiencies:

1.   Member States shall ensure that, no later than three years after the date referred to in Article 32(1), producers, or third parties acting on their behalf, achieve the following indicative recycling efficiencies:

Justification

The recycling efficiency targets for portable batteries cannot be measured with a sufficient degree of accuracy. The directive will fail in its target if imposed as a mandatory requirement.

Amendment 18
Article 22

Member States shall take the necessary measures to ensure that, when placing a product on the market, each producer is registered and provides a guarantee, that the management of spent batteries and accumulators will be financed. The producer may provide a guarantee in the form of its participation in appropriate schemes for financing the management of spent batteries and accumulators, or of a recycling insurance, or of a blocked bank account.

Member States shall take the necessary measures to ensure that, when placing a battery or accumulator on the market, each producer is registered in order to prevent free riders. Member States shall take the necessary measures to ensure that, when placing portable batteries or accumulators on the market, the producer will participate in a collective or private collection scheme.

Justification

It should be clear that this directive deals with batteries and their producers, and not with WEEE, for which there is separate legislation.

In the line with the provisions of the WEEE Directive, the new Battery Directive should recognise that registration, e.g. through the national register, is a tool to identify free riders. Free riding would limit the achievement of targets.

The successful implementation of the Battery Directive will depend on the participation of all producers in collection and recycling schemes.

The guarantee issue will be managed by Member States within the legislative framework for private or collective collection schemes. It does not need to be covered in this directive.

Amendment 19
Article 25, heading

Consumer information

End-user information

Justification

Information should not be directed solely at ‘consumers’ but at all ‘end-users’ of batteries and accumulators. This amendment is in line with the amendment proposed for recital 15.

Also, since all technologies will be marked for sorting purposes (see amendment to Annex II, paragraph 2), the wording should be changed.

Amendment 20
Article 25, paragraph 1, introductory part

1.   Member States shall ensure, in particular through information campaigns, that consumers are fully informed of:

1.   Member States shall ensure, in particular through information campaigns, that end-users are fully informed of:

(The justifications for Amendments 45 and 46 are identical.)

Justification

Information should not be directed solely at ‘consumers’ but at all ‘end-users’ of batteries and accumulators. This amendment is in line with the amendment proposed for recital 15.

Also, since all technologies will be marked for sorting purposes (see amendment to Annex II, paragraph 2), the wording should be changed.

Amendment 21
Article 26

Member States may require that some or all the information referred to in Article 25 be provided by economic operators, in particular those involved in the manufacture, distribution and sale of batteries and accumulators.

Member States may require that some information referred to in Article 25 be provided by economic operators, in particular those involved in the manufacture, distribution and sale of batteries and accumulators.

Justification

Retailers can assist public authorities in the information tasks described in Article 25, but cannot replace the responsibility of the public sector in designing nationwide information campaigns and educating the consumer.

Amendment 22
Article 29, paragraph 1, point (a)

(a)   The appropriateness of further risk management measures for batteries and accumulators containing heavy metals, taking into account the reporting obligation of the Member States referred to in Article 6.

(a)   The appropriateness of further risk management measures for batteries and accumulators containing heavy metals, taking into account the reporting obligation of the Member States referred to in Article 6 and the latest scientific knowledge.

Justification

Risk management should be based on scientific knowledge, following the example of the risk management report drawn up in accordance with Regulation (EEC) No 793/93 on the evaluation and control of the risks of ‘existing’ substances[3].

Amendment 23
Article 29, paragraph 1, point (c a) (new)
 

(ca)   The extent to which heavy metal-free fuel cells can replace accumulators containing heavy metals.

(Justification identical to the justification for the amendment inserting a new Article 5a.)

Justification

Fuel cells are currently being developed for many applications, including for example portable personal computers, mobile telephones, and so on. Once appliances on the market have been accepted by consumers and to some degree attained a market share, Member States should be allowed to take steps with a view to replacing heavy metal accumulators in new appliances.

Amendment 24
Article 29, paragraph 2, subparagraph 2 a (new)
 

In the light of the evaluation the Commission shall, where appropriate, submit a new proposal for a directive with a view, in so far as heavy metal-free fuel cells could replace accumulators containing heavy metals, to prohibiting the marketing of accumulators containing heavy metals in new appliances.

(Justification identical to the justification for the amendment inserting a new Article 5a.)

Justification

Fuel cells are currently being developed for many applications, including for example portable personal computers, mobile telephones, and so on. Once appliances on the market have been accepted by consumers and to some degree attained a market share, Member States should be allowed to take steps with a view to replacing heavy metal accumulators in new appliances.

Amendment 25
Annex II, point 1, symbol

IMAGE

IMAGE

Justification

The red circular border used for traffic signs is universally known to denote something prohibited. It attracts more attention than merely crossing out, which indicates that something is not working.

  • [1] Impact assessment on selected policy options for the revision of the battery directive, July 2003, by Contact Bio Intelligent Service, see Impact Assessment.
  • [2] OJ C ... / Not yet published in OJ.
  • [3] OJ L 84, 5.4.1993, p.1.