I
(Acts whose publication is obligatory)
DIRECTIVE 2006/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 September 2006
on batteries and accumulators and waste batteries and accumulators and repealing Directive
91/157/EEC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,
Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof and
Article 95(1) thereof in relation to Articles 4, 6 and 21 of this
Directive,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Economic and
Social Committee (2),
Having regard to the opinion of the Committee of Regions (3),
Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4), in the light of the joint text
approved by the Conciliation Committee on 22 June 2006,
Whereas:
(1) It is desirable to harmonise national measures
concerning batteries and accumulators and waste
batteries and accumulators. The primary objective of this
Directive is to minimise the negative impact of batteries
and accumulators and waste batteries and accumulators
on the environment, thus contributing to the protection,
preservation and improvement of the quality of the
environment. The legal base is therefore Article 175(1)
of the Treaty. However, it is also appropriate to take
measures at Community level on the basis of
Article 95(1) of the Treaty to harmonise requirements
concerning the heavy metal content and labelling of
batteries and accumulators and so to ensure the smooth
functioning of the internal market and avoid distortion
of competition within the Community.
(2) The Commission Communication of 30 July 1996 on
the Review of the Community Strategy for Waste
Management established guidelines for future Com-
munity waste policy. That Communication stresses the
need to reduce the quantities of hazardous substances in
waste and points out the potential benefits of Com-
munity-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) The Council Resolution of 25 January 1988 on a Com-
munity action programme to combat environmental
pollution by cadmium (5) stressed the limitation of the
uses of cadmium to cases where suitable alternatives do
not exist and the collection and recycling of batteries
containing cadmium as major elements of the strategy
for cadmium control in the interests of the protection of
human health and the environment.
(4) Council Directive 91/157/EEC of 18 March 1991 on
batteries and accumulators containing certain dangerous
substances (6) has brought about an approximation of
Member States' laws in this field. However, the objectives
of that Directive have not been fully attained. Decision
No 1600/2002/EC of the European Parliament and of
the Council of 22 July 2002 laying down the Sixth Com-
munity Environment Action Programme (7) and Direc-
tive 2002/96/EC of the European Parliament and of the
Council of 27 January 2003 on waste electrical and elec-
tronic equipment (WEEE) (8) also underlined the need for
Directive 91/157/EEC to be revised. Directive
91/157/EEC should therefore be revised and replaced in
the interests of clarity.
26.9.2006 L 266/1Official Journal of the European UnionEN
(1) OJ C 96, 21.4.2004, p. 29.
(2) OJ C 117, 30.4.2004, p. 5.
(3) OJ C 121, 30.4.2004, p. 35.
(4) Opinion of the European Parliament of 20 April 2004 (OJ C 104 E,
30.4.2004, p. 354), Council Common Position of 18 July 2005 (OJ
C 264 E, 25.10.2005, p. 1) and Position of the European Parliament
of 13 December 2005 (not yet published in the Official Journal).
European Parliament Legislative Resolution of 4 July 2006 (not yet
published in the Official Journal) and Decision of the Council of
18 July 2006.
(5) OJ C 30, 4.2.1988, p. 1.
(6) OJ L 78, 26.3.1991, p. 38. Directive as amended by Commission
Directive 98/101/EC (OJ L 1, 5.1.1999, p. 1).
(7) OJ L 242, 10.9.2002, p. 1.
(8) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive
2003/108/EC of the European Parliament and of the Council (OJ
L 345, 31.12.2003, p. 106).
(5) In order to achieve its environmental aims, this Directive
prohibits the placing on the market of certain batteries
and accumulators containing mercury or cadmium. It
also promotes a high level of collection and recycling of
waste batteries and accumulators and improved environ-
mental performance of all operators involved in the life
cycle of batteries and accumulators, e.g. producers,
distributors and end-users and, in particular, those
operators directly involved in the treatment and recy-
cling of waste batteries and accumulators. The specific
rules needed to do this are supplementary to existing
Community legislation on waste, in particular Direc-
tive 2006/12/EC of the European Parliament and of the
Council of 5 April 2006 on waste (1), Council Direc-
tive 1999/31/EC of 26 April 1999 on the landfill of
waste (2) and Directive 2000/76/EC of the
European Parliament and of the Council of 4 December
2000 on the incineration of waste (3).
(6) In order to prevent waste batteries and accumulators
from being discarded in such a way as to pollute the
environment, and to avoid end-user confusion about the
different waste management requirements for different
batteries and accumulators, this Directive should apply
to all batteries and accumulators placed on the market
within the Community. Such a wide scope should also
ensure economies of scale in collection and recycling, as
well as optimal resource saving.
(7) Reliable batteries and accumulators are fundamental for
the safety of many products, appliances and services,
and are an essential energy source in our society.
(8) It is appropriate to distinguish between portable batteries
and accumulators on the one hand and industrial and
automotive batteries and accumulators on the other. The
disposal of industrial and automotive batteries and accu-
mulators in landfill sites or by incineration should be
prohibited.
(9) Examples of industrial batteries and accumulators
include batteries and accumulators used for emergency
or back-up power supply in hospitals, airports or offices,
batteries and accumulators used in trains or aircraft and
batteries and accumulators used on offshore oil rigs or
in lighthouses. Examples also include batteries and accu-
mulators designed exclusively for hand-held payment
terminals in shops and restaurants, bar code readers in
shops, professional video equipment for TV channels
and professional studios, miners' lamps and diving lamps
attached to mining and diving helmets for professionals,
back up batteries and accumulators for electric doors to
prevent them from blocking or crushing people,
batteries and accumulators used for instrumentation or
in various types of measurement and instrumentation
equipment and batteries and accumulators used in
connection with solar panel, photo-voltaic, and other
renewable energy applications. Industrial batteries and
accumulators also include batteries and accumulators
used in electrical vehicles, such as electric cars, wheel-
chairs, bicycles, airport vehicles and automatic transport
vehicles. In addition to this non exhaustive list of exam-
ples, any battery or accumulator that is not sealed and
not automotive should be considered industrial.
(10) Examples of portable batteries and accumulators, which
are all-sealed batteries and accumulators that an average
person could carry by hand without difficulty and that
are neither automotive batteries or accumulators nor
industrial batteries or accumulators, include single cell
batteries (such as AA and AAA batteries) and batteries
and accumulators used by consumers or professionals in
mobile telephones, portable computers, cordless power
tools, toys and household appliances such as electric
toothbrushes, razors and hand-held vacuum cleaners
(including similar equipment used in schools, shops,
restaurants, airports, offices or hospitals) and any battery
or accumulator that consumers may use for normal
household applications.
(11) The Commission should evaluate the need for adaptation
of this Directive, taking account of available technical
and scientific evidence. In particular, the Commission
should carry out a review of the exemption from the
cadmium ban provided for portable batteries and accu-
mulators intended for use in cordless power tools. Exam-
ples of cordless power tools are tools that consumers
and professionals use for turning, milling, sanding,
grinding, sawing, cutting, shearing, drilling, making
holes, punching, hammering, riveting, screwing,
polishing or similar processing of wood, metal and other
materials, as well as for mowing, cutting and other
gardening activities.
(12) The Commission should also monitor, and Member
States should encourage, technological developments
that improve the environmental performance of batteries
and accumulators throughout their entire life cycle,
including through participation in a Community eco-
management and audit scheme (EMAS).
(13) In order to protect the environment, waste batteries and
accumulators should be collected. For portable batteries
and accumulators, collection schemes achieving a high
collection rate should be established. This means setting
up collection schemes so that end-users can discard all
waste portable batteries and accumulators conveniently
and free of charge. Different collection schemes and
financing arrangements are appropriate for the different
battery and accumulator types.
26.9.2006L 266/2 Official Journal of the European UnionEN
(1) OJ L 114, 27.4.2006, p. 9.
(2) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ
L 284, 31.10.2003, p. 1).
(3) OJ L 332, 28.12.2000, p. 91.
(14) It is desirable for Member States to achieve a high collec-
tion and recycling rate for waste batteries and accumula-
tors so as to achieve a high level of environmental
protection and material recovery throughout the Com-
munity. This Directive should therefore set minimum
collection and recycling targets for Member States. It is
appropriate to calculate the collection rate on the basis
of average annual sales in preceding years, so as to have
comparable targets for all Member States that are
proportionate to the national level of battery and accu-
mulator consumption.
(15) Specific recycling requirements should be established for
cadmium and lead batteries and accumulators in order
to attain a high level of material recovery throughout
the Community and to prevent disparities between
Member States.
(16) All interested parties should be able to participate in
collection, treatment and recycling schemes. Those
schemes should be designed to avoid discrimination
against imported batteries and accumulators, barriers to
trade or distortions of competition.
(17) Collection and recycling schemes should be optimised,
in particular in order to minimise costs and the negative
environmental impact of transport. Treatment and recy-
cling schemes should use best available techniques, as
defined in Article 2(11) of Council Directive 96/61/EC
of 24 September 1996 concerning integrated pollution
prevention and control (1). The definition of recycling
should exclude energy recovery. The concept of energy
recovery is defined in other Community instruments.
(18) Batteries and accumulators can be collected individually,
by way of national battery collection schemes or
together with waste electrical and electronic equipment,
by way of national collection schemes set up on the
basis of Directive 2002/96/EC. In the latter case, as an
obligatory minimum treatment requirement, batteries
and accumulators should be removed from the collected
waste electrical and electronic equipment. After their
removal from the waste electrical and electronic equip-
ment, batteries and accumulators are subject to the
requirements of this Directive, notably they count for
achieving the collection target and are subject to recy-
cling requirements.
(19) Basic principles for financing the management of waste
batteries and accumulators should be set at Community
level. Financing schemes should help to achieve high
collection and recycling rates and to give effect to the
principle of producer responsibility. All producers as
defined by this Directive should be registered. Producers
should finance the costs of collecting, treating and recy-
cling all collected batteries and accumulators minus the
profit made by selling the materials recovered. However,
under certain circumstances, the application of de
minimis rules to small producers could be justified.
(20) The provision of information to end-users on the desir-
ability of separate collection, the collection schemes
available and end-users' role in the management of waste
batteries and accumulators is necessary for successful
collection. Detailed arrangements should be made for a
labelling system, which should provide end-users with
transparent, reliable and clear information on batteries
and accumulators and any heavy metals they contain.
(21) If, in order to achieve the objectives of this Directive,
and, in particular, to achieve high separate collection
and recycling rates, Member States use economic instru-
ments, such as differential tax rates, they should inform
the Commission accordingly.
(22) Reliable and comparable data on the quantities of
batteries and accumulators placed on the market
collected and recycled are necessary for monitoring
whether the objectives of this Directive have been
achieved.
(23) Member States should lay down rules on the penalties
applicable to infringements of the provisions of this
Directive and ensure that they are implemented. Those
penalties should be effective, proportionate and dissua-
sive.
(24) In accordance with paragraph 34 of the Interinstitutional
agreement on better law-making (2), Member States are
encouraged to draw up, for themselves and in the inter-
ests of the Community, their own tables, which will, as
far as possible, illustrate the correlation between this
Directive and the transposition measures and to make
them public.
(25) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (3).
(26) Since the objectives of this Directive namely protecting
the environment and ensuring the proper functioning of
the internal market cannot be sufficiently achieved by
the Member States and can therefore, by reason of the
scale or effects of the action, be better achieved at Com-
munity level, the Community may adopt measures, in
accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty. In accordance with the prin-
ciple of proportionality, as set out in that Article, this
Directive does not go beyond what is necessary in order
to achieve those objectives.
26.9.2006 L 266/3Official Journal of the European UnionEN
(1) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regu-
lation (EC) No 166/2006 of the European Parliament and of the
Council (OJ L 33, 4.2.2006, p. 1).
(2) OJ C 321, 31.12.2003, p. 1.
(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision
2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(27) This Directive applies without prejudice to Community
legislation on safety, quality and health requirements and
specific Community waste management legislation, in
particular Directive 2000/53/EC of the European Parlia-
ment and of the Council of 18 September 2000 on end-
of-life vehicles (1) and Directive 2002/96/EC.
(28) As regards producer responsibility, producers of batteries
and accumulators and producers of other products
incorporating a battery or accumulator are responsible
for the waste management of batteries and accumulators
that they place on the market. A flexible approach is
appropriate to enable financing schemes to reflect
differing national circumstances and to take account of
existing schemes, particularly those set up to comply
with Directives 2000/53/EC and 2002/96/EC, while
avoiding double charging.
(29) Directive 2002/95/EC of the European Parliament and of
the Council of 27 January 2003 on the restriction of the
use of certain hazardous substances in electrical and
electronic equipment (2) does not apply to batteries and
accumulators used in electrical and electronic equip-
ment.
(30) Automotive and industrial batteries and accumulators
used in vehicles should meet the requirements of Direc-
tive 2000/53/EC, in particular Article 4 thereof. There-
fore the use of cadmium in industrial batteries and accu-
mulators for electrical vehicles should be prohibited,
unless they can benefit from an exemption on the basis
of Annex II to that Directive,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject-matter
This Directive establishes:
(1) rules regarding the placing on the market of batteries and
accumulators and, in particular, a prohibition on the
placing on the market of batteries and accumulators
containing hazardous substances; and
(2) specific rules for the collection, treatment, recycling and
disposal of waste batteries and accumulators to supplement
relevant Community legislation on waste and to promote a
high level of collection and recycling of waste batteries and
accumulators.
It seeks to improve the environmental performance of batteries
and accumulators and of the activities of all economic opera-
tors involved in the life cycle of batteries and accumulators,
e.g. producers, distributors and end-users and, in particular,
those operators directly involved in the treatment and recycling
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, mate-
rial composition or use. It shall apply without prejudice to
Directives 2000/53/EC and 2002/96/EC.
2. This Directive shall not apply to batteries and accumula-
tors used in:
(a) equipment connected with the protection of Member
States' essential security interests, arms, munitions and war
material, with the exclusion of products that are not
intended for specifically military purposes;
(b) equipment designed to be sent into space.
Article 3
Definitions
For the purposes of this Directive, the following definitions
shall apply:
(1) ‘battery’ or ‘accumulator’ means any source of electrical
energy generated by direct conversion of chemical energy
and consisting of one or more primary battery cells (non-
rechargeable) or consisting of one or more secondary
battery cells (rechargeable);
(2) ‘battery pack’ means any set of batteries or accumulators
that are connected together and/or encapsulated within an
outer casing so as to form a complete unit that the end-
user is not intended to split up or open;
(3) ‘portable battery or accumulator’ means any battery,
button cell, battery pack or accumulator that:
(a) is sealed; and
(b) can be hand-carried; and
(c) is neither an industrial battery or accumulator nor an
automotive battery or accumulator;
(4) ‘button cell’ means any small round portable battery or
accumulator whose diameter is greater than its height and
which is used for special purposes such as hearing aids,
watches, small portable equipment and back-up power;
(5) ‘automotive battery or accumulator’ means any battery or
accumulator used for automotive starter, lighting or igni-
tion power;
26.9.2006L 266/4 Official Journal of the European UnionEN
(1) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council
Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).
(2) OJ L 37, 13.2.2003, p. 19. Directive as last a
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