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| Procedure : 2003/0282(COD) |
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Document stages in plenary
| Document selected : A5-0265/2004 | ||||||
Texts tabled : A5-0265/2004 |  | Debates : PV 19/04/2004 - 25 |  | Votes : PV 20/04/2004 - 10.28 |  | Texts adopted : P5_TA(2004)0304 |
| Texts adopted |
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| Tuesday, 20 April 2004 - Strasbourg | |||||||
| Batteries and accumulators ***I |
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 European Parliament legislative resolution 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)) |
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(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), 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.
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| Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Directive 2004/…./EC on batteries and accumulators and spent batteries and accumulators |
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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 95 (1) and 175 (1) thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Economic and Social Committee(2), Having regard to the opinion of the Committee of Regions(3), Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), Whereas: (1) The different national measures concerning batteries and spent batteries should be harmonised in view of the double objective to minimise the impact of batteries and spent batteries on the environment, thus contributing to the protection, preservation and improvement of the quality of the environment and to ensure the smooth functioning of the internal market and avoid distortions of competition in the Community. (2) The Commission's Communication on the Review of the Community Strategy for Waste Management of 30 July 1996(5) established guidelines for future Community waste policy. That Communication stresses the need to reduce the quantities of hazardous substances in waste and points out the potential benefits of Community-wide rules limiting the presence of such substances in products and in production processes. It further states that, where the generation of waste cannot be avoided, that waste should be reused or recovered for its material or energy. (3) Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances,(6) has brought about an approximation of the laws of the Member States in this field. However, the objectives of this Directive have not been fully attained and the need to revise it was also underlined by the Sixth Community Environment Action Programme,(7) and in Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment.(8) Directive 91/157/EEC should therefore be revised and replaced in the interests of clarity. (4) The objective of the provisions on minimum requirements for the collection, treatment and recycling of spent batteries and accumulators and end-user 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 relating 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. (5) In order to prevent batteries and accumulators from ending up in the environment, and to avoid consumer confusion about the different waste management requirements for different batteries, this Directive should apply to all batteries and accumulators placed on the market in the Community. Such a scope should also ensure economies of scale in collection and recycling, as well as optimal resource saving. (6) Reliable batteries and accumulators are fundamental for the safety of many products, appliances and services and are an essential energy source in our society. (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. (8) In order to protect the environment, spent batteries and accumulators should be collected. This means setting up collection schemes so that all spent portable batteries and accumulators can be conveniently returned by end-users free of charge. (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 collected spent batteries and accumulators to recycling facilities. (10) In the light of the specific environmental and health concerns regarding cadmium, mercury and lead and the particular characteristics of batteries and accumulators containing cadmium, mercury and lead additional measures should be adopted. The use of mercury in batteries should be restricted. Final disposal of automotive and industrial batteries should be prohibited. An additional collection target should be set for portable nickel-cadmium batteries. Moreover, specific recycling requirements should be established for cadmium and lead batteries in order to attain a high level of materials recovery throughout the Community and to prevent disparities between the Member States. (11) All interested parties should be able to participate in collection and recycling schemes. Those schemes should be designed to prevent discrimination against imported products, barriers to trade and distortions of competition and should guarantee maximum possible returns of spent batteries and accumulators. Responsibility for funding the management of historical waste should be shared by all existing producers by way of collective funding schemes to which all producers, existing on the market when the costs occur, contribute proportionately. For a transitional period producers should be allowed, on a voluntary basis, when selling new products, to show purchasers the costs incurred by producers in collecting, treating, and recycling spent portable batteries and accumulators placed onto the market prior to the date of transposition of this Directive. Producers making use of that provision should ensure that the costs mentioned do not exceed the actual costs incurred. (12) Collection and recycling schemes should be optimised, in particular with a view to minimising the negative external costs of transport. (13) Basic principles for financing the management of spent batteries and accumulators should be set at Community level. Financing schemes should help to achieve high collection and recycling rates and to implement the producer responsibility principle. (14) Holders of spent portable batteries or accumulators should be able to return them free of charge. Producers should therefore finance the collection, treatment and recycling of those deposited at their collection facility. Producers should also finance the collection, treatment and recycling of other spent batteries and accumulators. (15) The provision of information to end-users 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. (16) End-users should also be informed about the capacity of the batteries they buy so as to be able to make an informed choice. (17) If, in order to achieve the objectives of this Directive and, in particular, to achieve high separate collection and recycling rates, Member States use economic instruments, such as differentiated tax rates, they should inform the Commission accordingly. (18) Reliable and comparable data on the quantities of batteries and accumulators marketed, collected and recycled are necessary for monitoring whether the objective of this Directive have been achieved. (19) Member States should lay down rules on the penalties applicable for infringement of the provisions of this Directive and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. (20) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.(9) (21) Since the objectives of this Directive of protecting the environment and ensuring the proper functioning of the internal market cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. (22) 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(10) and Directive 2002/96/EC. (23) As regards producer responsibility, battery producers, when identifiable, become responsible for further treatment once a battery is removed from any separately collected end-of-life vehicle or waste electrical or electronic equipment. (24) Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of hazardous substances in electrical and electronic equipment (RoHS Directive)(11) does not apply to batteries used in electrical and electronic equipment. (25) 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. HAVE ADOPTED THIS DIRECTIVE: Chapter I Objective, scope and definitions Article 1 Objective The objective of this Directive is, first, 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 prevent the disposal of batteries containing hazardous substances and to promote recycling of the useful substances therein. It is also intended to improve the environmental performance of batteries and accumulators and of the activities of all operators involved in the life cycle of electrical and electronic equipment, such as producers, distributors and consumers and especially operators directly involved in the treatment of waste batteries and accumulators. Article 2 Scope 1. This Directive shall apply to all types of batteries and accumulators, regardless of their shape, volume, weight, material composition or use, as well as to the appliances in which they are incorporated in so far as concerns marketing, marking and battery removal requirements. 2. This Directive shall not apply to batteries and accumulators used in equipment intended 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. Article 3 Definitions
Chapter II Product requirements Article 4 Prevention 1. Without prejudice to Directive 2000/53/EC, Member States shall prohibit the marketing of all batteries and accumulators, whether or not incorporated into appliances, which contain more than:
2. Paragraph 1 shall not apply to the applications listed in Annex III. 3. On the basis of a proposal from the Commission, the European Parliament and the Council shall adapt Annex III to technical progress, further restricting the list of exemptions in Annex III, if the use of mercury, cadmium or lead in the applications listed therein becomes avoidable because alternatives exist on the market. Article 5 Increased environmental performance Member States shall promote research and encourage producers to improve the overall environmental performance of batteries and accumulators throughout their entire life-cycle, and shall encourage the development and marketing of batteries and accumulators which contain smaller quantities of dangerous substances or which contain less polluting substances, in particular, substitutes for mercury, cadmium and lead. Member States shall promote research and development in these fields to support these objectives. Member States shall ensure that batteries and accumulators cannot be incorporated into appliances unless they can be readily removed, when spent, by the end-user. This provision shall not apply to the categories of appliance included in Annex III. All appliances in which batteries and accumulators are incorporated shall be accompanied by instructions showing how they can be removed safely and, where appropriate, informing the user of the content of the incorporated batteries and accumulators. Article 6 Heavy metal-free fuel cells Member States may prohibit the marketing of accumulators containing heavy metals where heavy metal-free fuel cells are available Chapter III Placing on the Market Article 7 Placing on the market 1. Member States shall not impede, prohibit or restrict the placing on the market in their territory of batteries or accumulators that meet the requirements of this Directive. 2. Member States shall take the necessary measures to ensure that batteries or accumulators which do not meet the requirements of this Directive are not placed on the market or are withdrawn from it. Chapter IV Collection Article 8 Promotion of a closed loop system 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. Article 9 Collection schemes 1. Member States shall ensure that:
2. Member States shall ensure that, when setting up the collection schemes, the negative external impacts of transport are taken into account. 3. Member States shall set up minimum deposit schemes for batteries with a low collection rate and batteries containing hazardous substances. The level of the deposit may vary depending on the risk potential of the substances contained. Article 10 Individual or collective schemes Without prejudice to Article 9, Member States shall allow producers to set up individual or collective take-back schemes for spent batteries and accumulators, provided that those schemes are in conformity with this Directive. Article 11 Final disposal Member States shall ensure that, where the mercury, lead or cadmium parts of batteries and accumulators cannot, after processing, be recycled into new batteries, such parts are finally disposed of in dedicated landfill cells in authorised hazardous waste landfills, with appropriate environmental protection guarantees. Article 12 Economic instruments If Member States use economic instruments in order to promote the collection of spent batteries and accumulators or to promote the use of batteries containing less polluting substances, for instance by adopting differential tax rates, they shall notify the measures relating to the implementation of those instruments to the Commission. Article 13 Collection targets 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 two years earlier of all portable batteries and accumulators including portable nickel-cadmium batteries. 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 national annual sales two years earlier of all portable batteries and accumulators, including portable nickel-cadmium batteries. 2. A report on collection shall be drawn up on the basis of Table 2 in Annex I. Without prejudice to Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics(14), Member States shall draw up 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 in question. 3. 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. Article 14 Specific extensions and adaptations 1. Member States may apply for an extension of the deadline for reaching the collection targets referred to in Article 13 of up to a maximum of 36 months, for reasons relating to specific geographical circumstances such as a large number of small islands or the presence of rural and mountain areas and low population density. A list of extensions applied for and agreed is given in Annex ...(15) 2. Member States having acceded to the European Union by virtue of Accession Treaties concluded after 1 January 2003 may also apply for adaptation of the collection targets referred to in Article 13, by reference to particular social, economic, geographical or environmental circumstances such as a large number of small islands or the existence of rural and mountainous areas and a low population density. A list of extensions applied for and agreed is given in Annex ...(16)* 3. If a Member State deems it necessary to introduce national measures based on the previous paragraphs, it shall notify the Commission of the envisaged national measures and the grounds for introducing them. 4. The Commission shall, within six months of the notifications as referred to in paragraph 3, approve or reject the envisaged national measures after having verified that they are consistent with the conditions set out in paragraphs 1 and 2 and do not constitute an arbitrary means of discrimination or a disguised restriction on trade between Member States. In the absence of any decision from the Commission within this period, the envisaged national measures shall be deemed to have been approved. 5. The Commission shall inform the other Member States of any notifications received with a view to seeking their opinions on the matter in issue before taking its decisions. The Commission shall also inform the Member States of those decisions. Chapter V Treatment and Recycling Article 15 Treatment operations 1. Member States shall ensure that schemes are set up, using the best available treatment and recycling techniques in terms of 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 comply, 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 producers, or third parties acting on their behalf, set up recycling schemes for spent batteries and accumulators collected in accordance with Article 9, using the best available techniques that do not entail excessive costs. 2. The treatment shall, as a minimum, include removal, where applicable, of all fluids and acids. Storage shall, where this occurs, even temporarily, be on sites with impenetrable surfaces and suitable weatherproof covering or in suitable containers. 3. Producers may set up such schemes on an individual or collective basis. Article 16 Exports 1. Treatment and /or recycling may also be undertaken outside the Member State concerned or outside the Community provided that the shipment of spent batteries and accumulators is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(17) Spent batteries and accumulators exported out of the Community in accordance with Regulation (EEC) No 259/93, Council Regulation (EC) No 1420/1999 of 29 April 1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste(18) and Commission Regulation (EC) No 1547/1999 of 12 July 1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decisions C(92) 39 final does not apply(19)shall count towards the fulfilment of the obligations and targets in Articles 11, 18 and 19 of this Directive, provided that the exporter declares that the treatment and/or recycling operation took place under conditions equivalent to the requirements of this Directive. 2. The Commission shall establish detailed rules for the implementation of the previous paragraph, in accordance with the procedure referred to in Article 30(2). Article 17 New recycling technologies 1. Member States shall promote the development of new recycling and treatment technologies, and research into environmentally friendly and cost-effective recycling methods for all types of batteries and accumulators. 2. Member States shall encourage treatment facilities to introduce certified environmental management schemes in accordance with European Parliament and Council Regulation (EC) 761/2001 of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)(20). Article 18 Recycling targets 1. Member States shall ensure that, one year after the date referred to in Article 32(1), producers, or third parties acting on their behalf, provide for the recycling of all batteries collected separately in accordance with Article 9. 2. New minimum recycling targets shall be established for all batteries and accumulators three years after the date referred to Article 32(1). The minimum recycling targets are to be evaluated regurlarly and adapted to scientific and technical progress. Article 19 Recycling efficiency targets 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:
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(2). 2. Member States shall report annually on the recycling targets referred to in Article 18 as well as the recycling efficiencies, referred to in the previous paragraph, actually achieved in each calendar year, starting from the dates referred to in the previous paragraph. That information shall be submitted to the Commission no later than six months after the end of the year concerned. Chapter VI Common provisions on collection, treatment and recycling Article 20 Schemes for portable batteries and accumulators 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). 2. In the case of products placed on the market later than one year after the date referred to in Article 32(1), every producer shall be responsible for financing the operations referred to in paragraph 1 of this Article in relation to the waste from his own products. 3. Member States shall ensure that producers comply with the previous paragraph by means of individual or collective schemes. 4. The costs of collection, treatment and environmentally sound disposal shall not be shown separately to purchasers at the time of sale of new products. Article 21 Schemes for industrial and automotive batteries and accumulators 1. Member States shall ensure that producers, or third parties acting on their behalf, arrange financing for the collection, treatment and recycling of spent industrial and automotive batteries and accumulators collected in accordance with Article 9(1)(b) and (c). 2. 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. 3. Member States shall allow producers and users of industrial and automotive batteries and accumulators to conclude agreements under which other financing methods than the ones referred to in paragraph 1 can be used. 4. Member States shall ensure that end-users are obliged to return their spent industrial and automotive batteries and accumulators to collection systems. Article 22 Registration and Guarantee 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 placed 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. In the case of batteries which are still incorporated in other products, such as cars or electrical or electronic equipment, at the moment those other products become waste, 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 shall collect information, including substantiated estimates, on an annual basis, on the quantities and categories of batteries and accumulators placed 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 the financing of the management of other spent batteries and accumulators. Member States may disregard the financing guarantee where the collection and recycling of batteries and accumulators are self-financing. Article 23 Historic waste 1. Responsibility for meeting the costs of the collection, treatment, recycling and environmentally sound disposal of spent batteries and accumulators placed on the market before the entry into force of this Directive, historic waste, shall lie with producers. Member States shall take the necessary measures to ensure that all producers of portable batteries placed on the market before the 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. 2. For industrial batteries and accumulators put on the market before the entry into force of the Directive and being replaced by equivalent products or by products fulfilling the same function, the financing of the management should be provided by the producers when supplying those new products. Member States may, as an alternative, provide that the final user also be partially or totally responsible for this financing. 3. For other industrial historical waste batteries, the financing of the costs shall be provided for by the industrial users. 4. With regard to historic waste, Member States shall ensure that for a transitional period of four years after the date referred to in Article 32(1) producers are allowed, at the time of sale of new products, to show purchasers the costs of collection, treatment and recycling of all spent batteries and accumulators. The costs mentioned shall not exceed the actual costs incurred. Article 24 Participation 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. These schemes shall also apply to products imported from third countries under non-discriminatory conditions, and shall be designed to avoid barriers to trade or distortions of competition. Chapter VII Consumer information Article 25 End-user information 1. Member States shall ensure, in particular through national information campaigns, that end-users are fully informed of.
2. Producers shall fund the provision of the end-user information referred to in paragraph (1). 3. Member States shall take appropriate measures to encourage end-users to participate in the collection of spent batteries and accumulators and to persuade them to facilitate the process of re-use, treatment and recovery. Article 26 Economic operators 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. Chapter VIII Marking requirements Article 27 Labelling 1. Member States shall ensure that all batteries, accumulators and battery packs are appropriately marked with the symbol shown in Annex II. 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. 2. Batteries, accumulators and button cells containing more than 5 of ppm mercury, more than 20 ppm of cadmium or more than 40 ppm of 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 shown in Annex II and shall cover an area of at least one quarter the size of that symbol. 3. The symbol shown in 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. 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. 5. The symbols shall be printed visibly, legibly and indelibly. 6. Member States shall not require additional marking on batteries and accumulators relating to matters regulated by this Directive. 7. The Commission may, under the procedure referred to in Article 30(2), provide for exemptions from labelling pursuant to this Article. Chapter IX Final provisions Article 28 National implementation reports 1. Member States shall send the Commission a report on the implementation of this Directive every three years. The reports shall be drawn up on the basis of a questionnaire or outline established by the Commission in accordance with the procedure laid down in Article 30(2). The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. 2. The report shall be made available to the Commission no later than nine months after the end of the three-year period concerned. The first report shall cover the three-year period starting on the date referred to in Article 32(1). Article 29 Review 1. The Commission shall publish a report on the implementation of this Directive and on the impact of this Directive on the environment as well as on the functioning of the internal market no later than nine months after receiving the reports from the Member States. This report shall include an evaluation on the following aspects of the Directive: 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; 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; c) the appropriateness of the minimum recycling targets and recycling efficiencies set out in Articles 18 and 19, taking into account the information provided by the Member States, technical progress and practical experience gained in the Member States; d) the extent to which heavy metal-free fuel cells can replace accumulators containing heavy metals. 2. The Commission shall publish the report in the Official Journal. The report shall, where necessary, be accompanied by proposals for revision of the related provisions of this Directive. 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. Article 30 Committee procedure 1. The Commission shall be assisted by the Committee set up under Article 18 of Directive 75/442/EEC. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months. Article 31 Penalties Member States shall lay down the rules for penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all the necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the date specified in Article 32 at the latest and shall notify it without delay of any subsequent amendment affecting them. Article 32 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest 18 months after entry into force of this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation between those provisions and this Directive. 2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 3. Member States shall communicate to the Commission the text of all existing laws, regulations and administrative provisions adopted in the field covered by this Directive. Article 33 Voluntary agreements
Article 34 Repeal Directive 91/157/EEC is repealed with effect from the date referred to in Article 32(1) of entry into force of this Directive. References to Directive 91/157/EEC shall be construed as references to this Directive. Article 35 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Union. Article 36 Addressees This Directive is addressed to the Member States. Done at , For the European Parliament For the Council The President The President ANNEX I Monitoring of compliance with the collection targets in accordance with Article 13
ANNEX II SYMBOL FOR THE MARKING OF BATTERIES, ACCUMULATORS AND BATTERY PACKS FOR SEPARATE COLLECTION The symbol indicating "separate collection" for all batteries and accumulators shall be the crossed-out wheeled bin shown below: ANNEX III Batteries and accumulators in applications exempted from the prohibition in Article 4(1)
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. ANNEX IV List of the categories of appliance excluded from the scope of Article 5 1. Reference cells in scientific and professional equipment, and batteries and accumulators placed in medical devices designed to maintain vital functions and in heart pacemakers, where uninterrupted functioning is essential and the batteries and accumulators can be removed only by qualified personnel;
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