26.9.2006 Official Journal of the European Union L 266/1 (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 (*), Having regard to the opinion of the European Economic and Social Committee (), Having regard to the opinion of the Committee of Regions (), Acting in accordance with the procedure laid down in Article 251 of the Treaty (), 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. () O] C 96, 21.4.2004, p. 29. () O] C 117, 30.4.2004, p. 5. () O] C 121, 30.4.2004, p. 35. (*) Opinion of the European Parliament of 20 April 2004 (O] C 104 E, 30.4.2004, p. 354), Council Common Position of 18 July 2005 (O] 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. (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 (°) 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 (°) 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 (') 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) (%) 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. () O] C 30, 4.2.1988, p. 1. () 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). () OJ L 242, 10.9.2002, p. 1. () O] L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/108/EC of the European Parliament and of the Council (O] L 345, 31.12.2003, p. 106).