No L 78/38 Official Journal of the European Communities 26. 3. 91 COUNCIL DIRECTIVE of 18 March 1991 on batteries and accumulators containing certain dangerous substances (91/157/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission ('), In cooperation with the European Parliament (3, Having regard to the opinion of the Economic and Social Committee (°), Whereas any disparity between the laws or administrative measures adopted by the Member States on the disposal of batteries and accumulators could create barriers to trade and distort competition in the Community and may thereby have a direct impact on the establishment and functioning of the internal market; whereas it therefore appears necessary to approximate the laws in the field ; Whereas Article 2 (2) of Council Directive 75/442/EEC of 15 July 1975 on waste (%), as amended by Directive 91/156/EEC (%), provides that specific rules for particular instances or supplementing those of the said Directive in order to regulate the management of particular categories of waste shall be laid down by means of individual Direc- tives ; Whereas the objectives and principles of the Commu- nity’s environment policy, as set out in the European Community action programmes on the environment on the basis of the principles enshrined in Article 130r (1) and (2) of the EEC Treaty, aim in particular at preventing, reducing and as far as possible eliminating pollution and _ ensuring sound management of raw materials resources, on the basis also of the ‘polluter pays’ principle; Whereas, in order to achieve these objectives, the market- ing of certain batteries and accumulators should be prohi- bited, in view of the amount of dangerous substances they contain ; Whereas, to ensure that spent batteries and accumulators are recovered and disposed of in a controlled manner, Member States must take measures to ensure that they are marked and collected separately ; () OJ No C 6, 7. 1. 1989, p. 3 and O] No C 11, 17. 1. 1990, p. 6. () OJ No C 158, 26. 6. 1989, p. 209 and OJ No C 19, 28. 1. 1991. () OJ No C 194, 31. 7. 1989, p. 21. (9 OJ No L 194, 25. 7. 1975, p. 47. (%) See page 32 of this Official Journal. Whereas collection and recycling of spent batteries and accumulators can help avoid unnecessary use of raw mat- erials ; Whereas appliances containing non-removable batteries or accumulators may represent an environmental hazard when they are disposed of; whereas Member States should therefore take appropriate measures ; Whereas programmes should be set up in the Member States to achieve the various objectives set out above; whereas the Commission should be informed of these programmes and of the specific measures taken; Whereas recourse to economic instruments such as the setting up of a deposit system may encourage the separate collection and recycling of spent batteries and accumula- tors ; Whereas provision should be made for consumer infor- mation. in this field; Whereas provision should be made for appropriate pro- . cedures to implement the provisions of this Directive, - particularly the making system, and to ensure that the Directive can be easily adapted to scientific and technical progress ; whereas the committee referred to in Article 18 of Directive 75/442/EEC should be instructed to assist the Commission in these tasks, HAS ADOPTED THIS DIRECTIVE: Article 1 The aim of this Directive is to approximate the laws of the Member States on the recovery and controlled disposal of those spent batteries and accumulators con- taining dangerous substances in accordance with Annex I Article 2 For the purposes of this Directive : (a) ‘battery or accumulator’ means a source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary (non- rechargeable) batteries or secondary (rechargeable) cells, as listed in Annex I;