Strasbourg, 15/12/2005 (Agence Europe) - New EU legislation, the draft Battery Directive, will encourage Member States to collect and recycle all waste batteries and prevent their incineration and disposal, setting detailed targets. It will fill several gaps in current legislation but will still allow the use of cadmium batteries to the dismay of supporters of a total ban on cadmium where alternatives are available in order to protect health and the environment. Voting on Wednesday in second reading on the November 2003 draft Battery Directive and its national used battery collection and recycling plans (along with targets, a timetable and criteria for the disposal of heavy metals), the European Parliament watered down the recommendations of its rapporteur, Johannes Blokland (Dutch Christian Separatist). The backing of the PES, Greens/EFA and GUE/NGL groups for the amendments he'd tabled was not sufficient, unlike the situation back in April during the vote in first reading (see EUROPE 8687). The plenary decided to move in there had been intense lobbying from the battery industry. In second reading, the EP called for:
- Restrictions in the use of cadmium (in the initial draft, the European Commission did not consider banning cadmium use, but rather an 80% closed-loop system collection target). As requested by the Council, all portable nickel cadmium batteries will be banned apart from batteries used in medical equipment, industrial applications, emergency alarms and lighting and cordless power tools, electric toothbrushes, razors, vacuum cleaners, toys and the like (around 60% of all cadmium batteries). MEPs also retabled the requirement for all manufacturers of battery-powered products, like toys, to ensure batteries are easy to remove to make it easier for them to be collected and recycled.
- A dual legal basis (Article 95, Single Market, and Article 175, Environment).
- 25% collection targets (25% of average national sales over past three years) to be achieved six years after the directive comes into force, rising to 45% ten years after the directive comes into force (as desired by the Council).
- Slightly higher compulsory recycling requirements for batteries than in the Council's common position, namely 65% for lead batteries and 75% for cadmium batteries, along with the obligation to ensure all the lead and cadmium is reintroduced into manufacturing (a closed-loop system for the recycled content of batteries). The recycling target for non-hazardous batteries has been increased from 50% (as recommended by the Council) to 55%.
- Sales outlets must inform consumers that they can leave their used batteries in the shop and that the battery capacity must be indicated on the label in a clear, readable and indelible manner (amendment by Swedish Green Carl Schlyter).
- Battery manufacturers must cover the net cost of battery collection, processing and recycling, including for batteries and accumulators put on the market before the Battery Directive comes into force (the European Parliament did not follow the Council's lead here - the latter wanted small companies to be exempt).
The Commission welcomed the outcome, with Environment Commissioner Stavros Dimas saying: 'I believe that the European Parliament and the Council can now start moving towards agreement on this dossier. I look forward to an early conclusion of the co-decision process, so the Directive can be implemented by the Member States and we can achieve a high level of environmental protection in this area.'
If the Council rejects any of the European Parliament's new amendments, the conciliation procedure will have to be launched after all. Once adopted, the new directive will replace current legislation (91/157/EEC).
