Commission Directive 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances (Text with EEA relevance)
5. 1. 1999 EN Official Journal of the European Communities L 1/1 I (Acts whose publication is obligatory) COMMISSION DIRECTIVE 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS DIRECTIVE: Having regard to the Treaty establishing the European Community, Article 1 Having regard to Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (1), and in particular Article 10 thereof, Directive 91/157/EEC is amended as follows: 1. Article 3(1) is replaced by the following: Whereas within the framework of the Act of Accession of Austria, Finland and Sweden, in particular in Articles 69 and 112, it is foreseen that during a period of four years from the date of accession the provisions concerning the mercury containing batteries referred to in Article 3 of Directive 91/157/EEC should be reviewed in accordance with EC procedures; Whereas, in order to achieve a high level of environ- mental protection, the marketing of certain batteries should be prohibited, in view of the amount of mercury they contain; whereas that prohibition, in order to achieve its full effect for the environment, must cover appliances into which such batteries and accumulators are incor- porated; whereas such prohibition may have a positive impact in facilitating the recovery of batteries; Whereas the technical development of alternative heavy- metal-free batteries should be taken into account; Whereas Directive 91/157/EEC should be accordingly; adapted Whereas the measures provided for in this Directive are in accordance with the opinion expressed by the Committee established pursuant to Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (2), as last amended by Commission Decision 96/350/EC (3), (1) OJ L 78, 26. 3. 1991, p. 38. (2) OJ L 194, 25. 7. 1975, p. 47. (3) OJ L 135, 6. 6. 1996, p. 32. ‘1. Member States shall prohibit, as from 1 January 2000 at the latest, the marketing of batteries and accu- mulators, containing more than 0,0005 % of mercury including in those cases where these by weight, batteries and accumulators are incorporated into appli- ances. Button cells and batteries composed of button cells with a mercury content of no more than 2 % by weight shall be exempted from this prohibition. '; 2. Annex I is replaced by the text in the Annex to this Directive. Article 2 Member States shall adopt and publish, before 1 January 2000, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. 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 publi- cation. Member States shall determine how such reference is to be made. Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. L 1/2 EN Official Journal of the European Communities 5. 1. 1999 This Directive is addressed to the Member States. Article 4 Done at Brussels, 22 December 1998. For the Commission Ritt BJERREGAARD Member of the Commission ANNEX ‘ANNEX I The following batteries and accumulators are covered by this Directive: 1. Batteries and accumulators put on the market as from 1 January 1999 containing more than 0,0005 % of mercury by weight. 2. Batteries and accumulators put on the market as from 18 September 1992 and containing: — more than 25 mg of mercury per cell, except alkaline manganese batteries, — more than 0,025 % of cadmium by weight, — more than 0,4 % of lead by weight. 3. Alkaline manganese batteries containing more than 0,025 % of mercury by weight placed on the market as from 18 September 1992. '