Directive Decoder

The European Union (EU) adopted the "Batteries Directive" 91/157/EEC in March 1991. This introduced restrictions on the use of mercury in most batteries and encouraged collection and recycling. However, the objectives of the Directive have not been achieved as most portable batteries are still being sent to landfill.

For example, in 2002, according to the European Commission (EC) around 45.5% of the total amount of batteries sold in the EU, equating to over 70,000 tonnes, went to landfill or were incinerated.

As a result, the EU has introduced, and adopted, a "New Battery Directive" 2006/66/EC with an implementation date of 26 September 2008, that repeals 91/157/EEC at the same time.

The New Directive applies to all batteries and accumulators. The difference between a battery and an accumulator is not defined by the directive but UK regulations simplistically define "batteries" as non-rechargeable and "accumulators" as rechargeable.

Are you still unsure whether or not you need to pre-register, then later register, for the REACH Regulations?

All pre-registration must take place before 1 December 2008.

Failure to pre-register means that the substance cannot be manufactured or put on the market until it has been fully registered. This would require the compilation and submission of a technical dossier which could take months for large volumes or hazardous substances.

Pre-registration is optional but failure to do this means that after 1 December 2008 the substance will be treated as a non phase-in substance and from that point the requirement to register becomes immediate.

Europe now finds itself at the centre of the contentious issue of what the European Commission refers to as "backyard recycling".

Organohalogen compounds are, in general, non hazardous but a ban is being considered in an attempt to minimise the impact of uncontrolled and unsafe recycling practices that are carried out in India, China and Africa.

The fact that this happens is not in question and many people, especially the young, are harmed by the toxic chemicals that are emitted when some of these substances are burnt over open fires to recover materials such as copper, silver and aluminium from electronic waste that has reached end-of-life. This can happen either at the roadside or in the many dismantling "shops".

The RoHS (Restriction of Hazardous Substances) Directive (Article 6) requires that the directive is reviewed. The European Commission invited the German based Oko Institute to look at the possibility of adding new restricted substances.

The validity of all the current exemptions is also to be addressed as a separate study that is not part of the RoHS review.

Prior to that ERA Technology, based in Surrey, had won the contract to look at the viability of adding categories 8 (medical equipment) and 9 (monitoring and control instruments) to the scope of the RoHS Directive. RoHS originally covered 8 of the 10 categories of the WEEE (Waste Electrical and Electronic Equipment) Directive and categories 8 and 9 were omitted. This was due to the uncertainties, at that time, around the reliability of lead-free solder. Finally, the EC was looking to provide clarity on some of the grey area definitions such as fixed installations, large scale stationary industrial tools and spare parts.

The New Batteries Directive (2006/66/EC) comes into force on September 26^th replacing the previous Battery Directive (91/157/EEC) on that day.

Link to the most frequently asked questions

Directive Decoder

The European Union (EU) adopted the "Batteries Directive" 91/157/EEC in March 1991. This introduced restrictions on the use of mercury in most batteries and encouraged collection and recycling. However, the objectives of the Directive have not been achieved as most portable batteries are still being sent to landfill.

For example, in 2002, according to the European Commission (EC) around 45.5% of the total amount of batteries sold in the EU, equating to over 70,000 tonnes, went to landfill or were incinerated.

As a result, the EU has introduced, and adopted, a "New Battery Directive" 2006/66/EC with an implementation date of TODAY, that repeals 91/157/EEC at the same time.

These are required when a substance or preparation (but not articles) are supplied to any user in the European Union

if the substance or the preparation contains a substance that meets the following criteria:

• Classified as a dangerous substance by the Dangerous Substances Directive - i.e. irritant, harmful, toxic, CMR (carcinogen, mutagen, toxic to reproduction) flammable etc or
• It is a PBT (Persistent, Bioaccumulative and Toxic) or vPvB (very Persistent, very Bioaccumulative) or
• Classified as a SVHC (Substance of Very High Concern)

This will cover the majority of B2B preparations; if they have an orange hazard label, they need an MSDS.

Directive Decoder

By September 15th, 9062 legal entities had signed up from 27 EU Member States.

1886 were from Germany, 1341 from the UK, 928 from Holland and 830 from France. In total, 352641 pre-registrations had been received by the European Chemicals Agency (ECHA).

141185 of these were from Germany, 138434 from the UK, 17356 from Holland and 13989 from Italy. 

Pre-registration remains open until December 1^st 2008 and the ECHA will publish an intermediate list of pre-registered substances during October and the final list by January 1^st 2009.

Directive Decoder