Collected NiCad

Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances(1) amended by Commission Directive 98/101/EC (2), as well as Commission Directive 93/86/EEC (3), harmonise the national law of the Member States in the field of waste management of spent batteries and accumulators containing certain heavy metals.  The Battery Directives aim on the one hand to obtain a high level of environmental protection and on the other hand to ensure the proper functioning of the internal market.

At present there appears to be some  concerns that the current legislation has not fully realised those objectives, since:

The current Battery Directives are limited in scope, since they only cover the collection of batteries and accumulators containing certain quantities of cadmium, mercury or lead, specified in Annex 1 to Directive 91/157/EC.  Experience has shown that this limited scope reduces the effectiveness of waste management of batteries, is a source of confusion for consumers with negative consequences for their participation in collection schemes and has caused implementation problems in the Member States.(4)

The Battery Directive only prohibits the marketing of batteries and accumulators containing more than 0.0005% mercury as from 1 January 2001.  Spent batteries and accumulators, in particular when they are incinerated or disposed of in landfills, are an important source of emissions of heavy metals, which constitute a significant source of environmental damage and risk to human health.  This is particularly the case for mercury, lead and cadmium.

There is a significant disparity between the national implementation measures with regard to the collection and recycling systems as well as the results yielded by such systems.

Contribution to a proper functioning of the internal market and to establish a high level of environmental protection in the field of waste management of spent batteries and accumulators it is deemed appropriate to propose a revision of the current Battery Directives.

Reference
1 OJ L 78, 26.3.1991, p. 38
2 OJ L 1, 5.1.1991, p. 1, adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances.
3 OJ L 264, 23.10.93, p. 51, adapting to technical progress council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances.
4 See for example cases C-303/95 Commission vs. Italy, (1996) E.C.R. I-3859, C-218-222/86, Commission vs. Belgium (1996) E.C.R.  I-6397, C-298/97, Commission vs. Spain, C-215/98, Commission vs. Greece, C-178/98, Commission vs. France, C-323/01, Commission vs. Italy.