EU32008D0763Enacted

COMMISSION DECISION of 29 September 2008 establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, a common methodology for the calculation of annual sales of portable batteries and accumulators to end-users (notified under document number C(2008) 5339) (2008/763/EC)

Jurisdiction:: European Union
Type:: EPR · Labeling
Last action:: Jan 1, 2008

Batteries

Next steps for producers

Confirm your obligations with EU Batteries Regulation — National Producer Registers and track its implementing rules

Obligations under this law

·Annual sales of portable batteries and accumulators to end-users must be calculated as the weight of portable batteries and accumulators placed on the market in the territory of the Member State in the year concerned, excluding any that left the territory before being sold to end-users.
·Each battery placed on the market must be counted only once in the calculation.
·Calculations must be based on collected data or statistically significant estimates based on collected data.

EU Batteries Regulation — National Producer Registers →

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Establishes a common methodology for calculating annual sales of portable batteries under the Battery Directive (2006/66/EC), a foundational EPR framework; enables consistent monitoring and enforcement of producer responsibility obligations across EU member states.

Covered Products

·portable batteries and accumulators

Producer Obligations

·Annual sales of portable batteries and accumulators to end-users must be calculated as the weight of portable batteries and accumulators placed on the market in the territory of the Member State in the year concerned, excluding any that left the territory before being sold to end-users.
·Each battery placed on the market must be counted only once in the calculation.
·Calculations must be based on collected data or statistically significant estimates based on collected data.

Preemption Notes

This Decision establishes a common EU-wide methodology for calculating annual sales of portable batteries and accumulators to end-users, binding on all Member States. It harmonizes the calculation basis, limiting Member State discretion in defining how sales figures are computed for collection rate purposes under Directive 2006/66/EC.

View Source ↗

Full bill text

1.10.2008

EN

Official Journal of the European Union

L 262/39

COMMISSION DECISION

of 29 September 2008

establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, a common methodology for the calculation of annual sales of portable batteries and accumulators to end-users
(notified under document number C(2008) 5339)
(Text with EEA relevance)
(2008/763/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 ( 1 ) , and in particular point (b) of Article 10(4) thereof,

Whereas:

(1)

The annual sales of portable batteries and accumulators to end-users should be expressed as the weight of the portable batteries and accumulators placed on the market in the territory of the Member State in the year concerned, excluding any portable batteries and accumulators that have left the territory of that Member State in that year before being sold to end-users.

(2)

Member States should base the calculation of annual sales of portable batteries and accumulators to end-users on collected data. Statistically significant estimates based on the collected data may also be used for the calculation.

(3)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18(1) of Directive 2006/12/EC of the European Parliament and the Council ( 2 ) ,

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall calculate the annual sales of portable batteries and accumulators to end-users in a given year, as the weight of portable batteries and accumulators placed on the market in the territory of the Member State in the year concerned, excluding any portable batteries and accumulators that have left the territory of that Member State in that year before being sold to the end-users.

2. The placing on the market of each battery shall be counted once.

Article 2
The calculation provided for in Article 1 shall be based on collected data or statistically significant estimates based on collected data.

Article 3
This Decision is addressed to the Member States.

Done at Brussels, 29 September 2008.

For the Commission

Stavros DIMAS

Member of the Commission

( 1 )
OJ L 266, 26.9.2006, p. 1 .

( 2 )
OJ L 114, 27.4.2006, p. 9 .

Full text as ingested. Verify against the official source above.