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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)

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)

1. Přehled

Article 1 Subject-matter

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 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 recycling of waste batteries and accumulators.

Article 2 Scope

Article 3 Definitions

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 ignition power;

(6)

‘industrial battery or accumulator’ means any battery or accumulator designed for exclusively industrial or professional uses or used in any type of electric vehicle;

(7)

‘waste battery or accumulator’ means any battery or accumulator which is waste within the meaning of Article 1(1)(a) of Directive 2006/12/EC;

(8)

‘recycling’ means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;

(9)

‘disposal’ means any of the applicable operations provided for in Annex IIA to Directive 2006/12/EC;

(10)

‘treatment’ means any activity carried out on waste batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling or preparation for disposal;

(11)

‘appliance’ means any electrical or electronic equipment, as defined by Directive 2002/96/EC, which is fully or partly powered by batteries or accumulators or is capable of being so;

(12)

‘producer’ means any person in a Member State that, irrespective of the selling technique used, including by means of distance communication as defined in Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( 1 ), places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis;

(13)

‘distributor’ means any person that provides batteries and accumulators on a professional basis to an end-user;

(14)

‘placing on the market’ means supplying or making available, whether in return for payment or free of charge, to a third party within the Community and includes import into the customs territory of the Community;

(15)

‘economic operators’ means any producer, distributor, collector, recycler or other treatment operator;

(16)

‘cordless power tool’ means any hand held appliance powered by a battery or accumulator and intended for maintenance, construction or gardening activities;

(17)

‘collection rate’ means, for a given Member State in a given calendar year, the percentage obtained by dividing the weight of waste portable batteries and accumulators collected in accordance with Article 8(1) of this Directive or with Directive 2002/96/EC in that calendar year by the average weight of portable batteries and accumulators that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that Member State during that calendar year and the preceding two calendar years.

Article 4 Prohibitions

Article 5 Increased environmental performance

Article 5

Increased environmental performance

Member States which have manufacturers established on their territory shall promote research and encourage improvements in the overall environmental performance of batteries and accumulators throughout their entire life cycle as well as 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.

Article 6 Placing on the market

Article 7 Overarching objective

Article 7

Overarching objective

Member States shall, having regard to the environmental impact of transport, take necessary measures to maximise the separate collection of waste batteries and accumulators and to minimise the disposal of batteries and accumulators as mixed municipal waste in order to achieve a high level of recycling for all waste batteries and accumulators.

Article 8 Collection schemes

Article 9 Economic instruments

Article 9

Economic instruments

Member States may use economic instruments to promote the collection of waste batteries and accumulators or to promote the use of batteries and accumulators containing less polluting substances, for instance by adopting differential tax rates. If they do so, they shall notify the measures related to the implementation of those instruments to the Commission.

Article 10 Collection targets

Article 11 Removal of waste batteries and accumulators

Article 11

Removal of waste batteries and accumulators

Member States shall ensure that manufacturers design appliances in such a way that waste batteries and accumulators can be readily removed. Where they cannot be readily removed by the end-user, Member States shall ensure that manufacturers design appliances in such a way that waste batteries and accumulators can be readily removed by qualified professionals that are independent of the manufacturer. Appliances in which batteries and accumulators are incorporated shall be accompanied by instructions on how those batteries and accumulators can be safely removed by either the end-user or by independent qualified professionals. Where appropriate, the instructions shall also inform the end-user of the types of battery or accumulator incorporated into the appliance.

The provisions set out in the first paragraph shall not apply where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and a permanent connection between the appliance and the battery or accumulator is required.

Article 12 Treatment and recycling

Article 13 New recycling technologies

Article 14 Disposal

Article 14

Disposal

Member States shall prohibit the disposal in landfills or by incineration of waste industrial and automotive batteries and accumulators. However, residues of any batteries and accumulators that have undergone both treatment and recycling in accordance with Article 12(1) may be disposed of in landfills or by incineration.

Article 15 Exports

Article 16 Financing

Article 17 Registration

Article 17

Registration

Member States shall ensure that each producer is registered. Registration shall be subject to the same procedural requirements in each Member State in accordance with Annex IV.

Article 18 Small producers

Article 19 Participation

Article 20 Information for end-users

Article 21 Labelling

Article 22a Incentives for the application of the waste hierarchy

Article 22a

Incentives for the application of the waste hierarchy

In order to contribute to the objectives laid down in this Directive, Member States may make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those indicated in Annex IVa to Directive 2008/98/EC or other appropriate instruments and measures.

Article 23 Review

Article 23a Exercise of the delegation

Article 24 Committee procedure

Article 25 Penalties

Article 25

Penalties

Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those measures to the Commission by 26 September 2008 and shall inform it without delay of any subsequent amendment to them.

Article 26 Transposition

Article 27 Voluntary agreements

Article 28 Repeal

Article 28

Repeal

Directive 91/157/EEC is repealed with effect from 26 September 2008.

References to Directive 91/157/EEC shall be construed as references to this Directive.

Article 29 Entry into force

Article 29

Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 30 Addressees

Article 30

Addressees

This Directive is addressed to the Member States.

ANNEX I MONITORING OF COMPLIANCE WITH THE ARTICLE 10 COLLECTION TARGETS

ANNEX I

MONITORING OF COMPLIANCE WITH THE ARTICLE 10 COLLECTION TARGETS

Year	Data collection		Calculation	Reporting requirement
X (*1)+1	Sales in year 1 (S1)
X+2	Sales in year 2 (S2)	—	—
X+3	Sales in year 3 (S3)	Collection in year 3 (C3)	Collection rate (CR3) = 3*C3/(S1+S2+S3)
X+4	Sales in year 4 (S4)	Collection in year 4 (C4)	Collection rate (CR4) = 3*C4/(S2+S3+S4) (Target set at 25 %.)
X+5	Sales in year 5 (S5)	Collection in year 5 (C5)	Collection rate (CR5) = 3*C5/(S3+S4+S5)	CR4
X+6	Sales in year 6 (S6)	Collection in year 6 (C6)	Collection rate (CR6) = 3*C6/(S4+S5+S6)	CR5
X+7	Sales in year 7 (S7)	Collection in year 7 (C7)	Collection rate (CR7) = 3*C7/(S5+S6+S7)	CR6
X+8	Sales in year 8 (S8)	Collection in year 8 (C8)	Collection rate (CR8) = 3*C8/(S6+S7+S8) (Target set at 45 %.)	CR7
X+9	Sales in year 9 (S9)	Collection in year 9 (C9)	Collection rate (CR9) = 3*C9/(S7+S8+S9)	CR8
X+10	Sales in year 10 (S10)	Collection in year 10 (C10)	Collection rate (CR10) = 3*C10/(S8+S9+S10)	CR9
X+11	Etc.	Etc.	Etc.	CR10
Etc.
(*1) Year X is the year including the date mentioned in Article 26.

ANNEX II SYMBOLS FOR BATTERIES, ACCUMULATORS AND BATTERY PACKS FOR SEPARATE COLLECTION

ANNEX II

SYMBOLS FOR 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 DETAILED TREATMENT AND RECYCLING REQUIREMENTS

ANNEX III

DETAILED TREATMENT AND RECYCLING REQUIREMENTS

PART A: TREATMENT

1. Treatment shall, as a minimum, include removal of all fluids and acids.

2. Treatment and any storage, including temporary storage, at treatment facilities shall take place in sites with impermeable surfaces and suitable weatherproof covering or in suitable containers.

PART B: RECYCLING

3. Recycling processes shall achieve the following minimum recycling efficiencies:

(a)

recycling of 65 % by average weight of lead-acid batteries and accumulators, including recycling of the lead content to the highest degree that is technically feasible while avoiding excessive costs;

(b)

recycling of 75 % by average weight of nickel-cadmium batteries and accumulators, including recycling of the cadmium content to the highest degree that is technically feasible while avoiding excessive costs; and

(c)

recycling of 50 % by average weight of other waste batteries and accumulators.

ANNEX IV

PROCEDURAL REQUIREMENTS FOR REGISTRATION

1. Requirements for registration

Registration of producers of batteries and accumulators shall take place with the national authorities or with national producer responsibility organisations authorised by Member States (hereinafter: registration bodies), either on paper or electronically.

The registration procedure may be part of another producer registration procedure.

Producers of batteries and accumulators shall only need to register once in a Member State where they place batteries and accumulators on the Member State market for the first time on a professional basis, and shall be provided with a registration number upon registration.

2. Information to be provided by the producers

Producers of batteries and accumulators shall provide to the registration bodies the following information:

(i)

name of the producer and brand names (if available) under which they operate in the Member State;

(ii)

address(es) of the producer: postal code and location, street name and number, country, URL, telephone number, as well as a contact person, fax number and e-mail address of the producer, if available;

(iii)

indication on the type of batteries and accumulators placed on the market by the producer: portable batteries and accumulators, industrial batteries and accumulators, or automotive batteries and accumulators;

(iv)

information on how the producer meets its responsibilities: by individual or collective scheme;

(v)

date of the application for registration;

(vi)

national identification code of the producer, including European tax number or national tax number of the producer (optional);

(vii)

declaration stating that the information provided is true.

For the purpose of the registration referred to in the second paragraph of point 1, the producers of batteries and accumulators shall not be obliged to provide any other information than listed in point 2(i)-(vii).

3. Registration fees

Registration bodies may only apply registration fees on the condition that these are cost-based and proportionate.

Registration bodies applying registration fees shall inform the competent national authorities of the methodology of the cost calculation of the fees.

4. Change of registration data

Member States shall ensure that in case the data provided by producers in accordance with point 2(i)-(vii) changes, producers shall inform the relevant registration body thereof no later than one month after the change.

5. Deregistration

When producers cease to be producers in a Member State, they shall deregister by informing the relevant registration body thereof.

1.1 Odkazy

1.2 Identifikované požadavky

1.3 Související standardy

2. Identifikované požadavky

Požadavky
Zdroj	Požadavek

3. Související standardy

Standardy
Zdroj	Požadavek

Propojené úkoly

Vazby
Typ vazby	Úkol
is related to	Imported: Richtlinie 2006/66/EG über Batterien und Akkumulatoren sowie Altbatterien und Altakkumulatoren (CELEX:02006L0066-20180704)

Builddate: 04.07.2018 00:00:00 -Doknr: CELEX:32006L0066
EULAW -
European Regulation published on http://eur-lex.europa.eu/