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dossier	COM(2018)266 - Delegated acts of the Commission under Directive 2006/66/EC on batteries and accumulators and waste batteries and ...
source	COM(2018)266
date	16-05-2018

EUROPEAN COMMISSION

Brussels, 14.5.2018

COM(2018) 266 nna,

REPORT FROM THE COl

ISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the exercise of the power to adopt delegated acts conferred on the Com mission pursuantto Ui recti ve 2006/66/EC ofthe Lu ro pea n Parliament and ofthe Uouncil o batteries and accumulators and waste batteries and accumulators, and repealing

Directive 91/157/EEC

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Ui rective 2006/66/EC ofthe L u ropea n Parliament and ofthe Uou nci I on batteries and accumulators and waste batteries and accumulators, and repealing

Directive 91/157/EEC

1. INTRODUCTION

Directive 2006/66/EC on batteries and accumulators and waste batteries and

accumulators (the Batteries Directive) lays down rules to minimise the negative impact

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of batteries and accumulators and waste b a tte ries and accumulators on the environment, thus contributing to the protection, preservation and improvement of the quality of the environment. It also provides for measures 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. The D irective has been amended several

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ti mes.

The D irective empowers the Uom mission to adopt delegated acts, as referred to in Artie,e 23a, w ith a v i ew to .

• laying down criteria for the assessment of equivalent conditions for the recycling ofwaste batteries ta ki ng place outside ofthe EU, as provided for in Artie,e 15(3), to s u p p I e m e nt th e rules referred to by Artie,e 15(2)/

• laying down detailed rules as regards capaci ty labelling of portable and automotive batteries, as provided for in Artie,e 21(2).

granting exemptions from the labelling requirements

i n Arti c I e 21 ,

2. LEGAL BASIS

The present report is required under Arti cle 23a of the amended Batteries Directive. Under this article, the Commission has the power to adopt delegated acts for a period of five years from 30 December 2013. The Commission is required to prepare a report in respect of delegated powers, at the latest 9 months before the end of the five~year period. In accordance with Arti cle 23a(2), the delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period.

OJ L 266, 26.9.2006, _P. 1-14

In the following, the terms batteries and accumulators are considered synonyms and used

i n d i sti n ct i v e I y

D,rect,ve 2008/12/EC, OJ L 76, 19.3.2008, _P. 39; D,rect,ve 2008/103/EC, _P. 7, OJ L 327, 5.12.2008, ; D,rect,ve 2013/56/EU, OJ L 329, 10.12.2013, _P. 5.

Regu,at,on (EEC) No 259/93, OJ L30, 6.2.93, p. 1; Council Regu,at,on (EC) No 1420/1 999.0J L1 66, 1.7.1999, p. 9; Comm,_SSlon Regu,at,on (EC) No 1547/1999, OJ L 185, 17.7.1999, p. 1

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EXERCISE OF THE DELEGATION

3.1. C riteria for the assessment of equivalent conditions for the recycling of waste batteries and accumulatorstaking place outside of the EU, A rti c I e

15(3)

According to Article 15(2) of the LJirective, waste batteries exported out of the EU shall count towards the fulfilment of the obligations and efficiencies laid down in A nnex III to the Directive only if there is sound evidence that the recycling operation took place under conditions equivalent to the requirements of the LJirective. Artie,e 15(3) empowers the Uom mission to adopt delegated acts to lay down detailed rules at this respect, in particular criteria for the assessment of such equivalent conditions.

It should be noted that Artie,e 10(3) of Directive 2012/1 9/E U of 4 Juiy 2012 on waste electrical and electronic equipment (WEEE) lays down a similar provision regarding WEEE exported from the EU. S ince the environ mental aspects are comparable, the obligations considered are similar and the operators in charge of the activities concerned (collectors, exporters, recyclers and public authorities) overlap to a large extent, the Commission considers

that provisions regarding such equivalent conditions should follow the same

approach for both areas.

Criteria for the assessment of equivalent conditions regarding treatment of WEEE exported from the EU have notyet been developed. The Commission plans to consider any criteria regarding the appreciation of equivalent conditions for batteries recycling following those regarding WEEE. Furthermore, the Batteries Directive is currently subjectto an evaluation, and relevant information collected in this process will also be assessed.

3.2. D etailed rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries, Article 21(2)

Under Art i cle 21(2) of the Directive, the Commission is empowered to adopt delegated acts laying down detailed rules to supplement the requirement to M ember States to ensure that the capaci ty of all portable and automotive b a tte ries and accumulators is indicated on them in a visible, legible and indelible form, including harmonised methods for the determination of capaci ty and appropriate use.

In 2010 the Co

m mission adopted the rules as regards capaci ty labelling of

portable secondary ^rechargeable^ and automotive batteries and

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accumulators. I he possible harmonisation of capaci ty labelling rules for portable primary ( n o n ~ re c h a r g e a b I e) batteries was also assessed.

OJ L 197, 24.7.2012, _P. 38.

As explained in more detail in the Report from the Com Council on the exercise of the power to adopt delegated Directive 201 2/19/EU on waste electrical and electronic

Comm,_SSlon Regulation (EU) No 1103/2010, OJ L 313, 30.11.2010

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mission to the European Parliament and to the a cts conferred on the Commission pursuant to equipment, COM(2017) 172 final

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I he studies conducted concluded that a single, simple and implementable capacity label for these battery types was not yet available. Subsequently, the Commission gave a mandate to the European Committee for Electrotechnical Standard i zati on (CENELEC) to evaluate the feasibili ty of determining a standardized method for the capacity marking of primary portable batteries. Their review concluded that no appropriate method could be identified as being available to comply with the Battery Directive.

The situation has not changed since, leading the Commission to conclude that, at present, it is not possible to identi f y harmonised methods for capaci ty labelling for portable primary batteries.

The Commission will assess the situation again once the current process of review of the Directive is concluded.

3.3. Gr anting exemptions to the labelling requirements est a b I i s h e d in r \ rt i c I e 21 of the LJirective, Artie,e 21(7)

According to Article 21(7) of the LJirective, the Vvom mission is empowered to adopt delegated acts to grant exemptions from the labelling requirements set out in Article 21. In this regard, the Commission has no received any requests regarding the granting of exemptions from during the period covered by this r e p o rt

4. CONCLUSIONS

The Commission did not make use of the delegated power referred to in article 23a of the Batteries Directive during the period covered by this report. It may do so in the future, for the reasons given.

The Commission invites the European Parliament and the Council to take note of this re p o rt.

htt pi//ec.europa.eu/environ m en t/w ast e/batte ri es/p d f/battery report june 2010 . pdf, h tt p.//ec.europa.eu/environ men t/w a ste/b atte r i es/p d f/b atte r y_rep o rt. p d f

Feasibility Study on Labelling and Efficiency of Primary Batteries (2012)" at. h tt p. //ec. europa, eu/environ ment/ waste/ batter i es /pdf/CENELEC%20feasibMitv %20stu d y . pdf

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