2006-12-EC
2006_42_EC Machinery Safety
DIRECTIVE2006/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof17May2006on machinery,and amending Directive95/16/EC(recast)(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-PEAN UNION,Having regard to the Treaty establishing the European Com-munity,and in particular Article95thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article251of the Treaty(3),Whereas:(1)Directive98/37/EC of the European Parliament and ofthe Council of22June1998on the approximation ofthe laws of the Member States relating to machinery(4)codified Directive89/392/EEC(5).Now that newsubstantial amendments are being made to Directive98/37/EC,it is desirable,in order to clarify matters,thatthat Directive should be recast.(2)The machinery sector is an important part of the engi-neering industry and is one of the industrial mainstaysof the Community economy.The social cost of the largenumber of accidents caused directly by the use ofmachinery can be reduced by inherently safe design andconstruction of machinery and by proper installationand maintenance.(3)Member States are responsible for ensuring the healthand safety on their territory of persons,in particular ofworkers and consumers and,where appropriate,ofdomestic animals and goods,notably in relation to therisks arising out of the use of machinery.(4)In order to ensure legal certainty for users,the scope ofthis Directive and the concepts relating to its applicationshould be defined as precisely as possible.(5)The Member States'mandatory provisions governingconstruction site hoists intended for lifting persons orpersons and goods,which are often supplemented by defacto compulsory technical specifications and/or byvoluntary standards,do not necessarily lead to differentlevels of health and safety but,because of their dispari-ties,do nevertheless constitute barriers to trade withinthe Community.Moreover,the national systems for theconformity assessment and certification of thesemachines diverge considerably.It is therefore desirablenot to exclude from the scope of this Directive construc-tion site hoists intended for lifting persons or personsand goods.(6)It is appropriate to exclude from the scope of this Direc-tive weapons,including firearms,that are subject toCouncil Directive91/477/EEC of18June1991oncontrol of the acquisition and possession of weapons(6);the exclusion of firearms should not apply to portablecartridge-operated fixing and other impact machinerydesigned for industrial or technical purposes only.It isnecessary to provide for transitional arrangementsenabling Member States to authorise the placing on themarket and putting into service of such machinerymanufactured in accordance with national provisions inforce upon adoption of this Directive,including thoseimplementing the Convention of1July1969on theReciprocal Recognition of Proofmarks on Small Arms.Such transitional arrangements will also enable the Euro-pean standardisation organisations to draft standardsensuring the safety level based on the state of the art.(7)This Directive does not apply to the lifting of persons bymeans of machines not designed for the lifting ofpersons.However,this does not affect the right ofMember States to take national measures,in accordancewith the Treaty,with respect to such machines,with aview to implementing Council Directive89/655/EEC of30November1989concerning the minimum safety andhealth requirements for the use of work equipment byworkers at work(second individual Directive within themeaning of Article16(1)of Directive89/391/EEC)(7).(1)OJ C154E,29.5.2001,p.164.(2)OJ C311,7.11.2001,p.1.(3)Opinion of the European Parliament of4July2002(OJ C271E,12.11.2003,p.491),Council Common Position of18July2005(OJ C251E,11.10.2005,p.1)and Position of the European Parlia-ment of15December2005(not yet published in the OfficialJournal).Council Decision of25April2006.(4)OJ L207,23.7.1998,p. 1.Directive as amended by Directive98/79/EC(OJ L331,7.12.1998,p.1).(6)OJ L256,13.9.1991,p.51.(8)In relation to agricultural and forestry tractors,the provi-sions of this Directive concerning the risks currently notcovered by Directive2003/37/EC of the European Parlia-ment and of the Council of26May2003on type-approval of agricultural or forestry tractors,their trailersand interchangeable towed machinery,together withtheir systems,components and separate technicalunits(1)should no longer apply when such risks arecovered by Directive2003/37/EC.(9)Market surveillance is an essential instrument inasmuchas it ensures the proper and uniform application ofDirectives.It is therefore appropriate to put in place thelegal framework within which market surveillance canproceed harmoniously.(10)Member States are responsible for ensuring that thisDirective is effectively enforced on their territory andthat the safety of the machinery concerned is,as far aspossible,improved in accordance with its provisions.Member States should ensure their capacity to carry outeffective market surveillance,taking account of guide-lines developed by the Commission,in order to achievethe proper and uniform application of this Directive.(11)In the context of market surveillance,a clear distinctionshould be established between the disputing of a harmo-nised standard conferring a presumption of conformityon machinery and the safeguard clause relating tomachinery.(12)The putting into service of machinery within themeaning of this Directive can relate only to the use ofthe machinery itself for its intended purpose or for apurpose which can reasonably be foreseen.This doesnot preclude the laying down of conditions of useexternal to the machinery,provided that it is not therebymodified in a way not specified in this Directive.(13)It is also necessary to provide for an adequatemechanism allowing for the adoption of specificmeasures at Community level requiring Member Statesto prohibit or restrict the placing on the market ofcertain types of machinery presenting the same risks tothe health and safety of persons either due to shortcom-ings in the relevant harmonised standard(s)or by virtueof their technical characteristics,or to make suchmachinery subject to special conditions.In order toensure the appropriate assessment of the need for suchmeasures,they should be taken by the Commission,assisted by a committee,in the light of consultationswith the Member States and other interested parties.Since such measures are not directly applicable toeconomic operators,Member States should take allnecessary measures for their implementation.(14)The essential health and safety requirements should besatisfied in order to ensure that machinery is safe;theserequirements should be applied with discernment to takeaccount of the state of the art at the time of constructionand of technical and economic requirements.(15)Where the machinery may be used by a consumer,thatis to say,a non-professional operator,the manufacturershould take account of this in the design and construc-tion.The same applies where a machine is normallyused to provide a service to a consumer.(16)Although the requirements of this Directive do notapply to partly completed machinery in their entirety,itis nevertheless important that the free movement ofsuch machinery be guaranteed by means of a specificprocedure.(17)For trade fairs,exhibitions and such like,it should bepossible to exhibit machinery which does not satisfy therequirements of this Directive.However,interestedparties should be properly informed that the machinerydoes not conform and cannot be purchased in thatcondition.(18)This Directive defines only the essential health and safetyrequirements of general application,supplemented by anumber of more specific requirements for certain cate-gories of machinery.In order to help manufacturers toprove conformity to these essential requirements,and toallow inspection of conformity to the essential require-ments,it is desirable to have standards that are harmo-nised at Community level for the prevention of risksarising out of the design and construction of machinery.These standards are drawn up by private-law bodies andshould retain their non-binding status.(19)In view of the nature of the risks involved in the use ofmachinery covered by this Directive,procedures forassessing conformity to the essential health and safetyrequirements should be established.These proceduresshould be devised in the light of the extent of the dangerinherent in such machinery.Consequently,each categoryof machinery should have its appropriate procedure inconformity with Council Decision93/465/EEC of22July1993concerning the modules for the various phases ofthe conformity assessment procedures and the rules forthe affixing and use of the CE conformity marking,which are intended to be used in the technical harmoni-sation directives(2),taking account of the nature of the(20)Manufacturers should retain full responsibility for certi-fying the conformity of their machinery to the provi-sions of this Directive.Nevertheless,for certain types ofmachinery having a higher risk factor,a stricter certifica-tion procedure is desirable.(21)The CE marking should be fully recognised as being theonly marking which guarantees that machineryconforms to the requirements of this Directive.All othermarkings which are likely to mislead third parties as tothe meaning or the form of the CE marking,or both,should be prohibited.(22)In order to ensure the same quality for the CE markingand the manufacturer's mark,it is important that they beaffixed according to the same techniques.In order toavoid confusion between any CE markings which mightappear on certain components and the CE markingcorresponding to the machinery,it is important that thelatter marking be affixed alongside the name of theperson who has taken responsibility for it,namely themanufacturer or his authorised representative.(23)The manufacturer or his authorised representativeshould also ensure that a risk assessment is carried outfor the machinery which he wishes to place on themarket.For this purpose,he should determine which arethe essential health and safety requirements applicable tohis machinery and in respect of which he must takemeasures.(24)It is essential that,before drawing up the EC declarationof conformity,the manufacturer or his authorised repre-sentative established in the Community should prepare atechnical construction file.However,it is not essentialthat all documentation should be permanently availablein material form,but it must be possible to make itavailable on request.It need not include detailed plans ofsubassemblies used for the manufacture of machinery,unless knowledge of such plans is essential in order toascertain conformity with the essential health and safetyrequirements.(25)The addressees of any decision taken under this Directiveshould be informed of the reasons for such a decisionand of the legal remedies open to them.(26)Member States should provide for penalties applicable toinfringements of the provisions of this Directive.Thosepenalties should be effective,proportionateand dissuasive.with respect to those covered by Directive95/16/EC ofthe European Parliament and of the Council of29June1995on the approximation of the laws of the MemberStates relating to lifts(1).A redefinition of the scope ofthe latter Directive is thus deemed necessary.Direc-tive95/16/EC should therefore be amended accordingly.(28)Since the objective of this Directive,namely,to laydown the essential health and safety requirements inrelation to design and manufacture in order to improvethe safety of machinery placed on the market,cannot besufficiently achieved by the Member States and can bebetter achieved at Community level,the Communitymay adopt measures,in accordance with the principle ofsubsidiarity as set out in Article5of the Treaty.Inaccordance with the principle of proportionality,as setout in that Article,this Directive does not go beyondwhat is necessary in order to achieve that objective.(29)In accordance with point34of the InterinstitutionalAgreement on better law-making(2),Member States areencouraged to draw up,for themselves and in the inter-ests of the Community,their own tables illustrating,asfar as possible,the correlation between this Directiveand the transposition measures,and to make thempublic.(30)The measures necessary for the implementation of thisDirective should be adopted in accordance with CouncilDecision1999/468/EC of28June1999laying downthe procedures for the exercise of implementing powersconferred on the Commission(3),HAS ADOPTED THIS DIRECTIVE:Article1Scope1.This Directive applies to the following products:(a)machinery;(b)interchangeable equipment;(c)safety components;(d)lifting accessories;(e)chains,ropes and webbing;(f)removable mechanical transmission devices;(g)partly completed machinery.(1)OJ L213,7.9.1995,p.1.Directive as amended by Regulation(EC)2.The following are excluded from the scope of this Direc-tive:(a)safety components intended to be used as spare parts toreplace identical components and supplied by the manufac-turer of the original machinery;(b)specific equipment for use in fairgrounds and/or amuse-ment parks;(c)machinery specially designed or put into service for nuclearpurposes which,in the event of failure,may result in an emission of radioactivity;(d)weapons,including firearms;(e)the following means of transport:—agricultural and forestry tractors for the risks covered by Directive2003/37/EC,with the exclusion ofmachinery mounted on these vehicles,—motor vehicles and their trailers covered by Council Directive70/156/EEC of6February1970on theapproximation of the laws of the Member Statesrelating to the type-approval of motor vehicles andtheir trailers(1),with the exclusion of machinerymounted on these vehicles,—vehicles covered by Directive2002/24/EC of the Euro-pean Parliament and of the Council of18March2002relating to the type-approval of two or three-wheelmotor vehicles(2),with the exclusion of machinerymounted on these vehicles,—motor vehicles exclusively intended for competition, and—means of transport by air,on water and on rail networks with the exclusion of machinery mounted onthese means of transport;(f)seagoing vessels and mobile offshore units and machineryinstalled on board such vessels and/or units;(g)machinery specially designed and constructed for militaryor police purposes;(h)machinery specially designed and constructed for researchpurposes for temporary use in laboratories;(i)mine winding gear;(j)machinery intended to move performers during artistic performances;(k)electrical and electronic products falling within the following areas,insofar as they are covered by Council Directive73/23/EEC of19February1973on the harmoni-sation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits(3):—household appliances intended for domestic use,—audio and video equipment,—information technology equipment,—ordinary office machinery,—low-voltage switchgear and control gear,—electric motors;(l)the following types of high-voltage electrical equipment:—switch gear and control gear,—transformers.Article2DefinitionsFor the purposes of this Directive,‘machinery’designates the products listed in Article1(1)(a)to(f).The following definitions shall apply:(a)‘machinery’means:—an assembly,fitted with or intended to be fitted with a drive system other than directly applied human oranimal effort,consisting of linked parts or components,at least one of which moves,and which are joinedtogether for a specific application,—an assembly referred to in the first indent,missing only the components to connect it on site or to sources ofenergy and motion,—an assembly referred to in the first and second indents, ready to be installed and able to function as it standsonly if mounted on a means of transport,or installed ina building or a structure,—assemblies of machinery referred to in the first,second and third indents or partly completed machineryreferred to in point(g)which,in order to achieve thesame end,are arranged and controlled so that theyfunction as an integral whole,—an assembly of linked parts or components,at least one of which moves and which are joined together,intended for lifting loads and whose only power sourceis directly applied human effort;(1)OJ L42,23.2.1970,p.1.Directive as last amended by Commission(b)‘interchangeable equipment’means a device which,afterthe putting into service of machinery or of a tractor,is assembled with that machinery or tractor by the operator himself in order to change its function or attribute a new function,in so far as this equipment is not a tool;(c)‘safety component’means a component:—which serves to fulfil a safety function,—which is independently placed on the market,—the failure and/or malfunction of which endangers the safety of persons,and—which is not necessary in order for the machinery to function,or for which normal components may besubstituted in order for the machinery to function.An indicative list of safety components is set out in Annex V,which may be updated in accordance with Article8(1)(a);(d)‘lifting accessory’means a component or equipment notattached to the lifting machinery,allowing the load to be held,which is placed between the machinery and the load or on the load itself,or which is intended to constitute an integral part of the load and which is independently placed on the market;slings and their components are also regarded as lifting accessories;(e)‘chains,ropes and webbing’means chains,ropes andwebbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories;(f)‘removable mechanical transmission device’means a remo-vable component for transmitting power between self-propelled machinery or a tractor and another machine by joining them at the first fixed bearing.When it is placed on the market with the guard it shall be regarded as one product;(g)‘partly completed machinery’means an assembly which isalmost machinery but which cannot in itself perform a specific application.A drive system is partly completed machinery.Partly completed machinery is only intended to be incorporated into or assembled with other machinery or other partly completed machinery or equipment,thereby forming machinery to which this Directive applies;(h)‘placing on the market’means making available for the firsttime in the Community machinery or partly completed machinery with a view to distribution or use,whether for reward or free of charge;(i)‘manufacturer’means any natural or legal person whopartly completed machinery with this Directive with a view to its being placed on the market,under his own name or trademark or for his own use.In the absence of a manufac-turer as defined above,any natural or legal person who places on the market or puts into service machinery or partly completed machinery covered by this Directive shall be considered a manufacturer;(j)‘authorised representative’means any natural or legal person established in the Community who has received a written mandate from the manufacturer to perform on his behalf all or part of the obligations and formalities connected with this Directive;(k)‘putting into service’means the first use,for its intended purpose,in the Community,of machinery covered by this Directive;(l)‘harmonised standard’means a non-binding technical speci-fication adopted by a standardisation body,namely the European Committee for Standardisation(CEN),the Euro-pean Committee for Electrotechnical Standardisation (CENELEC)or the European Telecommunications Standards Institute(ETSI),on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive98/34/EC of the European Parliament and of the Council of22June1998laying down a procedure for the provision of information in the field of technical stan-dards and regulations and of rules on Information Society services(1).Article3Specific DirectivesWhere,for machinery,the hazards referred to in Annex I are wholly or partly covered more specifically by other Community Directives,this Directive shall not apply,or shall cease to apply,to that machinery in respect of such hazards from the date of implementation of those other Directives.Article4Market surveillance1.Member States shall take all appropriate measures to ensure that machinery may be placed on the market and/or put into service only if it satisfies the relevant provisions of this Directive and does not endanger the health and safety of persons and,where appropriate,domestic animals or property, when properly installed and maintained and used for its intended purpose or under conditions which can reasonably be foreseen.2.Member States shall take all appropriate measures to ensure that partly completed machinery can be placed on the market only if it satisfies the relevant provisions of this Direc-tive.3.Member States shall institute or appoint the competent authorities to monitor the conformity of machinery and partly completed machinery with the provisions set out in para-graphs1and2.4.Member States shall define the tasks,organisation and powers of the competent authorities referred to in paragraph3 and shall notify the Commission and other Member States thereof and also of any subsequent amendment.Article5Placing on the market and putting into service1.Before placing machinery on the market and/or putting it into service,the manufacturer or his authorised representative shall:(a)ensure that it satisfies the relevant essential health andsafety requirements set out in Annex I;(b)ensure that the technical file referred to in Annex VII,part A is available;(c)provide,in particular,the necessary information,such asinstructions;(d)carry out the appropriate procedures for assessing confor-mity in accordance with Article12;(e)draw up the EC declaration of conformity in accordancewith Annex II,part1,Section A and ensure that it accom-panies the machinery;(f)affix the CE marking in accordance with Article16.2.Before placing partly completed machinery on the market,the manufacturer or his authorised representative shall ensure that the procedure referred to in Article13has been completed.3.For the purposes of the procedures referred to in Article12,the manufacturer or his authorised representative shall have,or shall have access to,the necessary means of ensuring that the machinery satisfies the essential health and safety requirements set out in Annex I.4.Where machinery is also the subject of other Directives relating to other aspects and providing for the affixing of the CE marking,the marking shall indicate that the machinery also conforms to the provisions of those other Directives.a transitional period,the system to be applied,the CE marking shall indicate conformity only to the provisions of those Direc-tives applied by the manufacturer or his authorised representa-tive.Particulars of the Directives applied,as published in the Official Journal of the European Union,shall be given on the EC declaration of conformity.Article6Freedom of movement1.Member States shall not prohibit,restrict or impede the placing on the market and/or putting into service in their terri-tory of machinery which complies with this Directive.2.Member States shall not prohibit,restrict or impede the placing on the market of partly completed machinery where the manufacturer or his authorised representative makes a declaration of incorporation,referred to in Annex II,part1, Section B,stating that it is to be incorporated into machinery or assembled with other partly completed machinery to form machinery.3.At trade fairs,exhibitions,demonstrations,and such like, Member States shall not prevent the showing of machinery or partly completed machinery which does not conform to this Directive,provided that a visible sign clearly indicates that it does not conform and that it will not be made available until it has been brought into conformity.Furthermore,during demon-strations of such non-conforming machinery or partly completed machinery,adequate safety measures shall be taken to ensure the protection of persons.Article7Presumption of conformity and harmonised standards1.Member States shall regard machinery bearing the CE marking and accompanied by the EC declaration of conformity, the content of which is set out in Annex II,part1,Section A, as complying with the provisions of this Directive.2.Machinery manufactured in conformity with a harmo-nised standard,the references to which have been published in the Official Journal of the European Union,shall be presumed to comply with the essential health and safety requirements covered by such a harmonised standard.3.The Commission shall publish in the Official Journal of the European Union the references of the harmonised standards.4.Member States shall take the appropriate measures toArticle8Specific measures1.The Commission,acting in accordance with the proce-dure referred to in Article22(3),may take any appropriate measure to implement the provisions relating to the following points:(a)updating of the indicative list of safety components inAnnex V referred to in point(c)in Article2;(b)restriction of the placing on the market of machineryreferred to in Article9.2.The Commission,acting in accordance with the proce-dure referred to in Article22(2),may take any appropriate measure connected with the implementation and practical application of this Directive,including measures necessary to ensure cooperation of Member States with each other and with the Commission,as provided for in Article19(1).Article9Specific measures to deal with potentially hazardousmachinery1.When,in accordance with the procedure referred to in Article10,the Commission considers that a harmonised stand-ard does not entirely satisfy the essential health and safety requirements which it covers and which are set out in Annex I, the Commission may,in accordance with paragraph3of this Article,take measures requiring Member States to prohibit or restrict the placing on the market of machinery with technical characteristics presenting risks due to the shortcomings in the standard or to make such machinery subject to special condi-tions.When,in accordance with the procedure referred to in Article11,the Commission considers that a measure taken by a Member State is justified,the Commission may,in accordance with paragraph3of this Article,take measures requiring Member States to prohibit or restrict the placing on the market of machinery presenting the same risk by virtue of its technical characteristics or to make such machinery subject to special conditions.2.Any Member State may request the Commission to examine the need for the adoption of the measures referred to in paragraph1.3.In the cases referred to in paragraph1,the Commission shall consult the Member States and other interested parties Taking due account of the results of this consultation,it shall adopt the necessary measures in accordance with the procedure referred to in Article22(3).Article10Procedure for disputing a harmonised standardWhere a Member State or the Commission considers that a harmonised standard does not entirely satisfy the essential health and safety requirements which it covers and which are set out in Annex I,the Commission or the Member State shall bring the matter before the committee set up by Directive98/ 34/EC,setting out the reasons therefor.The committee shall deliver an opinion without delay.In the light of the commit-tee's opinion,the Commission shall decide to publish,not to publish,to publish with restriction,to maintain,to maintain with restriction or to withdraw the references to the harmo-nised standard concerned in the Official Journal of the European Union.Article11Safeguard clause1.Where a Member State ascertains that machinery covered by this Directive,bearing the CE marking,accompanied by the EC declaration of conformity and used in accordance with its intended purpose or under conditions which can reasonably be foreseen,is liable to compromise the health and safety of persons and,where appropriate,domestic animals or property, it shall take all appropriate measures to withdraw such machinery from the market,to prohibit the placing on the market and/or putting into service of such machinery or to restrict free movement thereof.2.The Member State shall immediately inform the Commis-sion and the other Member States of any such measure,indi-cating the reasons for its decision and,in particular,whether the non-conformity is due to:(a)failure to satisfy the essential requirements referred to inArticle5(1)(a);(b)incorrect application of the harmonised standards referredto in Article7(2);(c)shortcomings in the harmonised standards themselvesreferred to in Article7(2).3.The Commission shall enter into consultation with the parties concerned without delay.The Commission shall consider,after this consultation,whether or not the measures taken by the Member State are justified,。
2006 66 EC电池指令(中文)
2006/66/EC电池指令(中文)2006-66-EC电池指令(中文)欧洲议会和欧盟理事会2006年9月2日第2006/66/EC号关于电池及蓄电池、废弃电池及蓄电池以及废止91/157/EEC的指令欧洲议会和欧盟理事会注意到建立欧洲共同体条约，特别是其中第175（1）条和第95（1）条，注意到欧盟委员会的提案，注意到欧洲经济社会委员会的提案，注意到欧盟地区委员会的意见，按照欧洲共同体条约第251条所制定的程序以及协调委员会2006年6月22日通过的联合文本，鉴于：(1) 协调各国家跟电池及蓄电池、废弃电池及蓄电池有关的措施是有利的。
这个指令的主要目的是将电池及蓄电池、废弃电池及蓄电池对环境的影响减到最少，从而对保护、保存和改善环境指令做出贡献。
立法75（1）条。
然而，采取基于第95（1）条来协调与重金属含量及电池及蓄电池标识有关的措施也是合适的，目的是确保在欧洲共同体内部市场顺利实施，并避免内部的不正当竞争。
(2) 欧盟理事会通讯于1996年7月30公布的关于欧洲共同体废弃物处理策略综述为欧洲共同体未来的废弃物政策确立了指导方针。
通讯强调了减少废弃物中有害物质含量的必要性，指出在整个欧洲共同体范围内在产品及产品制造过程中限制使用这些有害物质规则的潜在好处。
通讯还说明既然废弃物的产生是不能避免的，那么废弃物应该在材料或能源上循环再利用。
(3) 欧洲议会1988年1月25日决议关于欧洲共同体抗击由镉引起的环境污染行动计划强调，为了保护人类健康和环境，镉控制的策略是限制镉的使用场合和收集、回收含镉电池。
(4) 欧洲议会1991年3月18日第91/157/EEC号关于含有某些有害物质的电池及蓄电池指令使一些成员国在这个领域制定了一些法律。
然而，指令的一些目的没有完全达到。
第1600/2002/EC号制定的第六个欧洲共同体环境行动计划决议和第2002/96/EC号关于电子电气设备废弃指令（WEEE）也强调91/157/EEC指令需要修改。
欧盟指令(EC-EEC)目录
N2，N3，O3，O4
45
M1类机动车辆质量及尺寸
92/21/EEC
（关于M1类机动车的质量和尺寸）
95/48/EC
M1
46
机动车辆及其挂车安全玻璃及玻璃材料
92/22/EEC
（关于机动车及其挂车的安全玻璃以及玻璃材料）
2001/92/EC
47
机动车辆及其挂车轮胎及其安装
92/23/EEC
88/77/EEC
（缺失）
2005/55/EC
（各成员国关于防治车用压燃式发动机气体和颗粒污染物排放以及燃用天然气和液化石油气的车用点燃式发动机气体污染物排放的法律）
91/542/EEC
96/1/EEC
1999/96/EC
2001/27/EC
2005/55/EC
2005/78/EC
2006/51/EC
2006/81/EC（未更新）
2008/74/EC（未更新）
2005/55/EC替代88/77/EEC
43
机动车辆及其挂车侧面保护
89/297/EEC
（各成员国关于机动车及其挂车侧面防护（侧面保护装置）的法律）
N2，N3，O3，O4
44
机动车辆及其挂车防飞溅系统
91/226/EEC
（各成员国关于某类机动车及其挂车溅射抑制系统的法律）
70/157/EEC
（各成员国关于机动车允许噪声限值和排气系统的法律）
73/350/EEC
77/2123/EEC
81/334/EEC
84/372/EEC
84/424/EEC
89/491/EEC
92/97/EEC
96/20/EC
1999/101/EC
2006-42-EC新机械指令
EN
第1條 範圍 1. 本指令適用於下列產品： (a) 機器； (b) 可互換的設備； (c) 安全零組件； (d) 升降配件； (e) 鏈條、繩索及帶子； (f) 可拆卸之機械傳動裝置； (g) 部分完成之機器。
歐盟官方期刊
9.6.2006
－ 歐洲議會指令 2002/24/EC 及 2002 年 3 月 18 日理事會指令（有關雙輪或三輪機動車 輛(2)之類型核准）規定之車輛，但不包括安 裝在車輛上的機器；
第3條
特別指令
如其他歐盟指令對附錄 I 之全部或部分機器危險訂有 更詳盡之規定，自該其他指令實施之日起，本指令就 相關危險部分即不得再適用於該機器，或應停止適用。
其後方可將機器上市銷售及／或投入服務。 2. 2. 會員國應採取所有措施，確保僅在符合本
指令之相關規定時，才能將部分完成之機器上市 銷售。 3. 會員國應成立或指定主管機關，對機器及部分完 成之機器進行監督，以確保符合第 1 及第 2 項之 規定。 4. 會員國應明定第 3 項主管機關之任務、組織與權 責，並將其規定及後續修訂內容通知歐盟執委會 和其他會員國。
4. 會員國應採取相關措施，在國家層級上賦予社會 夥伴之影響力，使其能影響調合標準之研擬與監 督流程。
9.6.2006
L 157/30
EN
歐盟官方期刊
9.6.2006
第8條
第 10 條
特別措施
調合標準之爭議程序
1. 歐盟執委會得依第 22(3)條之程序，採取相關措 施，執行與下列項目有關之各項規定：
(e) 「鏈條、繩索及帶子」係指在設計和結構上用於 舉升目的、屬於升降機或升降配件之一部分的鏈 條、繩索及帶子；
(f) 「可拆卸之機械傳動裝置」係指將自驅動機器或 掛車與另一機器連接於第一固定軸承、藉此在連 接之兩機器間進行動力傳輸的可拆式組件。 若 此裝置連同護蓋上市銷售，則應視為一種產品；
关于LVD 2006-95-EC 指令
一，关于2006/95/EC新合併的低電壓指令(LVD，Low Voltage Directive) ，其號碼為2006/95/EC，於2006年12月27日在歐洲官方的刊物(Official Journal) 上已經發行，並於2007年1月16日開始正式實施了。
這個新合併的低電壓指令（2006/95/EC），只是合併了兩個舊的低電壓指令73/23/EEC 以及93/68/EEC。
此改變，除了低電壓指令號碼改變之外，對於低電壓指令本身內容以及CE 標誌之要求，並沒有任何實質上的改變。
所以，對於已經發行之試驗報告或是證書，就不需要再修改或是重新發行了CE低电压指令的适用范围LVD适用于所有本身功能使用电压范围在交流50~1000V，直流75~1500V的电机产品，这个定义系指指令的适用范围，而不是指令适用的限制 (例如，在使用交流230V的计算机中，直流12V的电路所造成的危险也受LVD的规范)。
LVD适用于提供给消费者和工业使用的产品，如果是工业用设备，指令也涵盖了制造商本身使用的产品(例如: 测试设备)。
二.CE技术文件的要求LVD的CE体制与EMC指令类似，所有在适用范围内的产品都必须有CE标志，而且必须有制造商的代表或进口商所签署的符合声明书。
简单的自我宣告并不足以确定产品是安全的 (〝安全〞被定义成不会造成人员或家畜的死伤及财务的损害)，基于这个原因，LVD的声明需要有技术文件档案的支持来证明。
技术证明文件须包含:1. 机设备的一般性描述2. 概念上的设计及制造图样3. 了解这些图样所必须的描述和说明4. 列出全部或部份适用的标准，及描述为满足指令安全观点所采行的对策5. 设计的推算结果，执行过程的检查6. 测试报告制造商须用各种必要的方法以确保制造过程符合技术文件所述，档案的内容应清楚的证明产品在设计观点上，是安全的，而且能确定在制造过程中一直都符合。
建立安全设计较好的方法是，先表示符合所列出的调和标准，而以测试报告为证据。
2006-42-EC_(中文简体)
2006-122-EC PFOS 指令中文
第2条
1． 成员国最迟应于 2007 年 12 月 27 日前通过并 颁布符合本指令所必需的法律法规和管理条 例。它们应当将那些措施的内容立即通知到欧 盟委员会，并用表格显示那些措施与本指令的 关系。
9) 本指令的目标是导入 PFOS 的协调条款，从而维持 内部市 的秩序并确保如《条约》第 95 条所要求 的对人类键康和环境的高水平保护。
8) 委员会应当对当前正在进行的对全氟辛酸（PFOA）和 相关的物质的风险评估活动和获得更安全的替代物质 或技术的可能性予以继续审查，并提出所有必要的措施 来降低风险，包括禁止销售和使用，特别是当技术和经 济上可行的更安全的替代物质或技术已经找到。
[QMD]
7) 一旦获得有关更用途和安全的替代物质或技术详细的 新信息，委员会应当对第 3(a)至(d)节的每种减量方法予 以审查，所以： a) 当使用更安全的替代物质在技术上和经济上可行 时，将尽快逐步停止 PFOS 的使用； b) 减量使用只允许对关键的使用继续，当其更安全的 替代物质不存在且寻找更安全的替代物质所做的 努力已经被报道； c) 采用最佳技术将 PFOS 排放到环境中的量降低到 最少；
它们应当从 2008 年 6 月 27 日执行这些措施。
当成员国执行这些措施时，它们应当包括对本 指令的引用或在它们的官方出版物中附有参考 本指令的内容。成员国应制订参考本指令的方 法。
2． 成员国应当将本指令所覆盖的领 内通过的国 家法律主要条款的内容通知到欧盟委员会。
第3条
本指令自欧盟官方公报上公开发布之后即日生效。
附录
1) 使用其作为物质或制品的成份，若其浓度大于或等于 0.005%，不得投放于市 。
2) 在半成品或成品中，或它们的部件中，以含有PFOS的 结构或特殊部件的局部结构计算，浓度不得等于或高于 0.1%，对于纺织品和其它有涂层的材料，PFOS的量不 得等于或高于 1μg/m2。
欧盟 2006-66-EC 电池蓄电池废电池废蓄电池指令
I(Acts whose publication is obligatory)DIRECTIVE2006/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof6September2006on batteries and accumulators and waste batteries and accumulators and repealing Directive91/157/EEC(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-PEAN UNION,Having regard to the Treaty establishing the European Com-munity,and in particular Article175(1)thereof and Article95(1)thereof in relation to Articles4,6and21of this Directive,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Having regard to the opinion of the Committee of Regions(3),Acting in accordance with the procedure laid down in Article251of the Treaty(4),in the light of the joint text approved by the Conciliation Committee on22June2006,Whereas:(1)It is desirable to harmonise national measuresconcerning batteries and accumulators and wastebatteries and accumulators.The primary objective of thisDirective is to minimise the negative impact of batteriesand accumulators and waste batteries and accumulatorson the environment,thus contributing to the protection,preservation and improvement of the quality of theenvironment.The legal base is therefore Article175(1)of the Treaty.However,it is also appropriate to takemeasures at Community level on the basis ofArticle95(1)of the Treaty to harmonise requirementsconcerning the heavy metal content and labelling ofbatteries and accumulators and so to ensure the smoothfunctioning of the internal market and avoid distortionof competition within the Community.(2)The Commission Communication of30July1996onthe Review of the Community Strategy for WasteManagement established guidelines for future Com-munity waste policy.That Communication stresses theneed to reduce the quantities of hazardous substances inwaste and points out the potential benefits of Com-munity-wide rules limiting the presence of suchsubstances in products and in production processes.Itfurther states that,where the generation of waste cannotbe avoided,that waste should be reused or recovered forits material or energy.(3)The Council Resolution of25January1988on a Com-munity action programme to combat environmentalpollution by cadmium(5)stressed the limitation of theuses of cadmium to cases where suitable alternatives donot exist and the collection and recycling of batteriescontaining cadmium as major elements of the strategyfor cadmium control in the interests of the protection ofhuman health and the environment.(4)Council Directive91/157/EEC of18March1991onbatteries and accumulators containing certain dangeroussubstances(6)has brought about an approximation ofMember States'laws in this field.However,the objectivesof that Directive have not been fully attained.DecisionNo1600/2002/EC of the European Parliament and ofthe Council of22July2002laying down the Sixth Com-munity Environment Action Programme(7)and Direc-tive2002/96/EC of the European Parliament and of theCouncil of27January2003on waste electrical and elec-tronic equipment(WEEE)(8)also underlined the need forDirective91/157/EEC to be revised.Directive91/157/EEC should therefore be revised and replaced inthe interests of clarity.(1)OJ C96,21.4.2004,p.29.(2)OJ C117,30.4.2004,p.5.(3)OJ C121,30.4.2004,p.35.(4)Opinion of the European Parliament of20April2004(OJ C104E,30.4.2004,p.354),Council Common Position of18July2005(OJC264E,25.10.2005,p.1)and Position of the European Parliament of13December2005(not yet published in the Official Journal).(5)OJ C30,4.2.1988,p.1.(6)OJ L78,26.3.1991,p.38.Directive as amended by CommissionDirective98/101/EC(OJ L1,5.1.1999,p.1).(7)OJ L242,10.9.2002,p.1.(5)In order to achieve its environmental aims,this Directiveprohibits the placing on the market of certain batteriesand accumulators containing mercury or cadmium.Italso promotes a high level of collection and recycling ofwaste batteries and accumulators and improved environ-mental performance of all operators involved in the lifecycle of batteries and accumulators, e.g.producers,distributors and end-users and,in particular,thoseoperators directly involved in the treatment and recy-cling of waste batteries and accumulators.The specificrules needed to do this are supplementary to existingCommunity legislation on waste,in particular Direc-tive2006/12/EC of the European Parliament and of theCouncil of5April2006on waste(1),Council Direc-tive1999/31/EC of26April1999on the landfill ofwaste(2)and Directive2000/76/EC of theEuropean Parliament and of the Council of4December2000on the incineration of waste(3).(6)In order to prevent waste batteries and accumulatorsfrom being discarded in such a way as to pollute theenvironment,and to avoid end-user confusion about thedifferent waste management requirements for differentbatteries and accumulators,this Directive should applyto all batteries and accumulators placed on the marketwithin the Community.Such a wide scope should alsoensure economies of scale in collection and recycling,aswell as optimal resource saving.(7)Reliable batteries and accumulators are fundamental forthe safety of many products,appliances and services,and are an essential energy source in our society.(8)It is appropriate to distinguish between portable batteriesand accumulators on the one hand and industrial andautomotive batteries and accumulators on the other.Thedisposal of industrial and automotive batteries and accu-mulators in landfill sites or by incineration should beprohibited.(9)Examples of industrial batteries and accumulatorsinclude batteries and accumulators used for emergencyor back-up power supply in hospitals,airports or offices,batteries and accumulators used in trains or aircraft andbatteries and accumulators used on offshore oil rigs orin lighthouses.Examples also include batteries and accu-mulators designed exclusively for hand-held paymentterminals in shops and restaurants,bar code readers inshops,professional video equipment for TV channelsand professional studios,miners'lamps and diving lampsattached to mining and diving helmets for professionals,back up batteries and accumulators for electric doors toprevent them from blocking or crushing people,batteries and accumulators used for instrumentation orin various types of measurement and instrumentationequipment and batteries and accumulators used inconnection with solar panel,photo-voltaic,and otherrenewable energy applications.Industrial batteries andaccumulators also include batteries and accumulatorsused in electrical vehicles,such as electric cars,wheel-chairs,bicycles,airport vehicles and automatic transportvehicles.In addition to this non exhaustive list of exam-ples,any battery or accumulator that is not sealed andnot automotive should be considered industrial.(10)Examples of portable batteries and accumulators,whichare all-sealed batteries and accumulators that an averageperson could carry by hand without difficulty and thatare neither automotive batteries or accumulators norindustrial batteries or accumulators,include single cellbatteries(such as AA and AAA batteries)and batteriesand accumulators used by consumers or professionals inmobile telephones,portable computers,cordless powertools,toys and household appliances such as electrictoothbrushes,razors and hand-held vacuum cleaners(including similar equipment used in schools,shops,restaurants,airports,offices or hospitals)and any batteryor accumulator that consumers may use for normalhousehold applications.(11)The Commission should evaluate the need for adaptationof this Directive,taking account of available technicaland scientific evidence.In particular,the Commissionshould carry out a review of the exemption from thecadmium ban provided for portable batteries and accu-mulators intended for use in cordless power tools.Exam-ples of cordless power tools are tools that consumersand professionals use for turning,milling,sanding,grinding,sawing,cutting,shearing,drilling,makingholes,punching,hammering,riveting,screwing,polishing or similar processing of wood,metal and othermaterials,as well as for mowing,cutting and othergardening activities.(12)The Commission should also monitor,and MemberStates should encourage,technological developmentsthat improve the environmental performance of batteriesand accumulators throughout their entire life cycle,including through participation in a Community eco-management and audit scheme(EMAS).(13)In order to protect the environment,waste batteries andaccumulators should be collected.For portable batteriesand accumulators,collection schemes achieving a highcollection rate should be established.This means settingup collection schemes so that end-users can discard allwaste portable batteries and accumulators conveniently(1)OJ L114,27.4.2006,p.9.(2)OJ L182,16.7.1999,p.1.Directive as amended by Regulation(EC)(14)It is desirable for Member States to achieve a high collec-tion and recycling rate for waste batteries and accumula-tors so as to achieve a high level of environmentalprotection and material recovery throughout the Com-munity.This Directive should therefore set minimumcollection and recycling targets for Member States.It isappropriate to calculate the collection rate on the basisof average annual sales in preceding years,so as to havecomparable targets for all Member States that areproportionate to the national level of battery and accu-mulator consumption.(15)Specific recycling requirements should be established forcadmium and lead batteries and accumulators in orderto attain a high level of material recovery throughoutthe Community and to prevent disparities betweenMember States.(16)All interested parties should be able to participate incollection,treatment and recycling schemes.Thoseschemes should be designed to avoid discriminationagainst imported batteries and accumulators,barriers totrade or distortions of competition.(17)Collection and recycling schemes should be optimised,in particular in order to minimise costs and the negativeenvironmental impact of transport.Treatment and recy-cling schemes should use best available techniques,asdefined in Article2(11)of Council Directive96/61/ECof24September1996concerning integrated pollutionprevention and control(1).The definition of recyclingshould exclude energy recovery.The concept of energyrecovery is defined in other Community instruments.(18)Batteries and accumulators can be collected individually,by way of national battery collection schemes ortogether with waste electrical and electronic equipment,by way of national collection schemes set up on thebasis of Directive2002/96/EC.In the latter case,as anobligatory minimum treatment requirement,batteriesand accumulators should be removed from the collectedwaste electrical and electronic equipment.After theirremoval from the waste electrical and electronic equip-ment,batteries and accumulators are subject to therequirements of this Directive,notably they count forachieving the collection target and are subject to recy-cling requirements.(19)Basic principles for financing the management of wastebatteries and accumulators should be set at Communitylevel.Financing schemes should help to achieve highcollection and recycling rates and to give effect to theprinciple of producer responsibility.All producers asdefined by this Directive should be registered.Producersshould finance the costs of collecting,treating and recy-cling all collected batteries and accumulators minus theprofit made by selling the materials recovered.However,under certain circumstances,the application of deminimis rules to small producers could be justified.(20)The provision of information to end-users on the desir-ability of separate collection,the collection schemesavailable and end-users'role in the management of wastebatteries and accumulators is necessary for successfulcollection.Detailed arrangements should be made for alabelling system,which should provide end-users withtransparent,reliable and clear information on batteriesand accumulators and any heavy metals they contain.(21)If,in order to achieve the objectives of this Directive,and,in particular,to achieve high separate collectionand recycling rates,Member States use economic instru-ments,such as differential tax rates,they should informthe Commission accordingly.(22)Reliable and comparable data on the quantities ofbatteries and accumulators placed on the marketcollected and recycled are necessary for monitoringwhether the objectives of this Directive have beenachieved.(23)Member States should lay down rules on the penaltiesapplicable to infringements of the provisions of thisDirective and ensure that they are implemented.Thosepenalties should be effective,proportionate and dissua-sive.(24)In accordance with paragraph34of the Interinstitutionalagreement on better law-making(2),Member States areencouraged to draw up,for themselves and in the inter-ests of the Community,their own tables,which will,asfar as possible,illustrate the correlation between thisDirective and the transposition measures and to makethem public.(25)The measures necessary for the implementation of thisDirective should be adopted in accordance with CouncilDecision1999/468/EC of28June1999laying downthe procedures for the exercise of implementing powersconferred on the Commission(3).(26)Since the objectives of this Directive namely protectingthe environment and ensuring the proper functioning ofthe internal market cannot be sufficiently achieved bythe Member States and can therefore,by reason of thescale or effects of the action,be better achieved at Com-munity level,the Community may adopt measures,inaccordance with the principle of subsidiarity as set outin Article5of the Treaty.In accordance with the prin-ciple of proportionality,as set out in that Article,thisDirective does not go beyond what is necessary in orderto achieve those objectives.(27)This Directive applies without prejudice to Communitylegislation on safety,quality and health requirements andspecific Community waste management legislation,inparticular Directive2000/53/EC of the European Parlia-ment and of the Council of18September2000on end-of-life vehicles(1)and Directive2002/96/EC.(28)As regards producer responsibility,producers of batteriesand accumulators and producers of other productsincorporating a battery or accumulator are responsiblefor the waste management of batteries and accumulatorsthat they place on the market.A flexible approach isappropriate to enable financing schemes to reflectdiffering national circumstances and to take account ofexisting schemes,particularly those set up to complywith Directives2000/53/EC and2002/96/EC,whileavoiding double charging.(29)Directive2002/95/EC of the European Parliament and ofthe Council of27January2003on the restriction of theuse of certain hazardous substances in electrical andelectronic equipment(2)does not apply to batteries andaccumulators used in electrical and electronic equip-ment.(30)Automotive and industrial batteries and accumulatorsused in vehicles should meet the requirements of Direc-tive2000/53/EC,in particular Article4thereof.There-fore the use of cadmium in industrial batteries and accu-mulators for electrical vehicles should be prohibited,unless they can benefit from an exemption on the basisof Annex II to that Directive,HAVE ADOPTED THIS DIRECTIVE:Article1Subject-matterThis Directive establishes:(1)rules regarding the placing on the market of batteries andaccumulators and,in particular,a prohibition on the placing on the market of batteries and accumulators containing hazardous substances;and(2)specific rules for the collection,treatment,recycling anddisposal of waste batteries and accumulators to supplement relevant Community legislation on waste and to promote a high level of collection and recycling of waste batteries and accumulators.It seeks to improve the environmental performance of batteries and accumulators and of the activities of all economic opera-tors involved in the life cycle of batteries and accumulators,e.g.producers,distributors and end-users and,in particular, those operators directly involved in the treatment and recycling of waste batteries and accumulators.Article2Scope1.This Directive shall apply to all types of batteries and accumulators,regardless of their shape,volume,weight,mate-rial composition or use.It shall apply without prejudice to Directives2000/53/EC and2002/96/EC.2.This Directive shall not apply to batteries and accumula-tors used in:(a)equipment connected with the protection of MemberStates'essential security interests,arms,munitions and war material,with the exclusion of products that are not intended for specifically military purposes;(b)equipment designed to be sent into space.Article3DefinitionsFor the purposes of this Directive,the following definitions shall apply:(1)‘battery’or‘accumulator’means any source of electricalenergy generated by direct conversion of chemical energy and consisting of one or more primary battery cells(non-rechargeable)or consisting of one or more secondary battery cells(rechargeable);(2)‘battery pack’means any set of batteries or accumulatorsthat are connected together and/or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;(3)‘portable battery or accumulator’means any battery,button cell,battery pack or accumulator that:(a)is sealed;and(b)can be hand-carried;and(c)is neither an industrial battery or accumulator nor anautomotive battery or accumulator;(4)‘button cell’means any small round portable battery oraccumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids, watches,small portable equipment and back-up power;(1)OJ L269,21.10.2000,p.34.Directive as last amended by Council(6)‘industrial battery or accumulator’means any battery oraccumulator designed for exclusively industrial or profes-sional uses or used in any type of electric vehicle;(7)‘waste battery or accumulator’means any battery or accu-mulator which is waste within the meaning of Article1(1)(a)of Directive2006/12/EC;(8)‘recycling’means the reprocessing in a production processof waste materials for their original purpose or for other purposes,but excluding energy recovery;(9)‘disposal’means any of the applicable operations providedfor in Annex IIA to Directive2006/12/EC;(10)‘treatment’means any activity carried out on wastebatteries and accumulators after they have been handed over to a facility for sorting,preparation for recycling or preparation for disposal;(11)‘appliance’means any electrical or electronic equipment,as defined by Directive2002/96/EC,which is fully or partly powered by batteries or accumulators or is capable of being so;(12)‘producer’means any person in a Member State that,irre-spective of the selling technique used,including by means of distance communication as defined in Directive97/7/ EC of the European Parliament and of the Council of 20May1997on the protection of consumers in respect of distance contracts(1),places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis;(13)‘distributor’means any person that provides batteries andaccumulators on a professional basis to an end-user;(14)‘placing on the market’means supplying or making avail-able,whether in return for payment or free of charge,to a third party within the Community and includes import into the customs territory of the Community;(15)‘economic operators’means any producer,distributor,collector,recycler or other treatment operator;(16)‘cordless power tool’means any hand held appliancepowered by a battery or accumulator and intended for maintenance,construction or gardening activities;(17)‘collection rate’means,for a given Member State in agiven calendar year,the percentage obtained by dividing the weight of waste portable batteries and accumulators collected in accordance with Article8(1)of this Directive or with Directive2002/96/EC in that calendar year by the average weight of portable batteries and accumulators that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that Member State during that calendar year and the preceding two calendar years.Article4Prohibitions1.Without prejudice to Directive2000/53/EC,Member States shall prohibit the placing on the market of:(a)all batteries or accumulators,whether or not incorporatedinto appliances,that contain more than0,0005%of mercury by weight;and(b)portable batteries or accumulators,including those incorpo-rated into appliances,that contain more than0,002%of cadmium by weight.2.The prohibition set out in paragraph1(a)shall not apply to button cells with a mercury content of no more than2%by weight.3.The prohibition set out in paragraph1(b)shall not apply to portable batteries and accumulators intended for use in: (a)emergency and alarm systems,including emergencylighting;(b)medical equipment;or(c)cordless power tools.4.The Commission shall review the exemption referred to in paragraph3(c)and submit a report to the European Parlia-ment and to the Council by26September2010,together,if appropriate,with relevant proposals,with a view to the prohi-bition of cadmium in batteries and accumulators.Article5Increased environmental performanceMember States which have manufacturers established on their territory shall promote research and encourage improvements in the overall environmental performance of batteries and accu-mulators throughout their entire life cycle as well as the devel-opment and marketing of batteries and accumulators which contain smaller quantities of dangerous substances or which contain less polluting substances,in particular as substitutes for mercury,cadmium and lead.Article6Placing on the market1.Member States shall not,on the grounds dealt with in this Directive,impede,prohibit,or restrict the placing on the market in their territory of batteries and accumulators that meet the requirements of this Directive.2.Member States shall take the necessary measures toArticle7Overarching objectiveMember States shall,having regard to the environmental impact of transport,take necessary measures to maximise the separate collection of waste batteries and accumulators and to minimise the disposal of batteries and accumulators as mixed municipal waste in order to achieve a high level of recycling for all waste batteries and accumulators.Article8Collection schemes1.Member States shall ensure that appropriate collection schemes are in place for waste portable batteries and accumula-tors.Such schemes:(a)shall enable end-users to discard waste portable batteries oraccumulators at an accessible collection point in their vici-nity,having regard to population density;(b)shall require distributors to take back waste portablebatteries or accumulators at no charge when supplying portable batteries or accumulators,unless an assessment shows that alternative existing schemes are at least as effec-tive in attaining the environmental aims of this Directive.Member States shall make public such assessments;(c)shall not involve any charge to end-users when discardingwaste portable batteries or accumulators,nor any obliga-tion to buy a new battery or accumulator;(d)may be run in conjunction with the schemes referred to inArticle5(2)of Directive2002/96/EC.Collection points set up to comply with point(a)of this para-graph shall not be subject to the registration or permit require-ments of Directive2006/12/EC or Council Directive91/689/ EEC of12December1991on hazardous waste(1).2.Provided that the schemes meet the criteria listed in para-graph1,Member States may:(a)require producers to set up such schemes;(b)require other economic operators to participate in suchschemes;(c)maintain existing schemes.3.Member States shall ensure that producers of industrial batteries and accumulators,or third parties acting on their behalf,shall not refuse to take back waste industrial batteries and accumulators from end-users,regardless of chemical composition and origin.Independent third parties may also collect industrial batteries and accumulators.4.Member States shall ensure that producers of automotive batteries and accumulators,or third parties,set up schemes for the collection of waste automotive batteries and accumulators from end-users or from an accessible collection point in their vicinity,where collection is not carried out under the schemes referred to in Article5(1)of Directive2000/53/EC.In the case of automotive batteries and accumulators from private,non-commercial vehicles,such schemes shall not involve any charge to end-users when discarding waste batteries or accumulators, nor any obligation to buy a new battery or accumulator.Article9Economic instrumentsMember States may use economic instruments to promote the collection of waste batteries and accumulators or to promote the use of batteries and accumulators containing less polluting substances,for instance by adopting differential tax rates.If they do so,they shall notify the measures related to the imple-mentation of those instruments to the Commission.Article10Collection targets1.Member States shall calculate the collection rate for the first time in respect of the fifth full calendar year following the entry into force of this Directive.Without prejudice to Directive2002/96/EC,annual collection and sales figures shall include batteries and accumulators incor-porated into appliances.2.Member States shall achieve the following minimum collection rates:(a)25%by26September2012;(b)45%by26September2016.3.Member States shall monitor collection rates on a yearly basis according to the scheme set out in Annex I.Without prejudice to Regulation(EC)No2150/2002of the European Parliament and of the Council of25November2002on waste statistics(2),Member States shall transmit reports to the Commission within six months of the end of the calendar year concerned.Reports shall indicate how they obtained the data necessary to calculate the collection rate.4.In accordance with the procedure referred to in Article24(2):(a)transitional arrangements may be laid down to addressdifficulties faced by a Member State in satisfying the requirements of paragraph2as a result of specific national circumstances;。
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DIRECTIVE2006/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof5April2006on waste(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,and in particular Article175thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee(1),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article251of the Treaty(2),Whereas:(1)Council Directive75/442/EEC of15July1975onwaste(3)has been significantly amended on several occasions(4).In order to clarify matters,a codification of the provisions in question should be drawn up.(2)The essential objective of all provisions relating to wastemanagement should be the protection of human health and the environment against harmful effects caused by the collection,transport,treatment,storage and tipping of waste.(3)Common terminology and a definition of waste areneeded in order to improve the efficiency of waste management in the Community.(4)Effective and consistent rules on waste disposal andrecovery should be applied,subject to certain exceptions, to movable property which the holder discards or intends or is required to discard.(5)The recovery of waste and the use of recovered materialsas raw materials should be encouraged in order to conserve natural resources.It may be necessary to adopt specific rules for re‑usable waste.(6)In order to achieve a high level of environmentalprotection,Member States should,in addition to taking responsible action to ensure the disposal and recovery of waste,take measures to restrict the production of waste particularly by promoting clean technologies and products which can be recycled and re‑used,taking into consideration existing or potential market opportunities for recovered waste.(7)Moreover,discrepancies between Member States’legisla-tion with regard to waste disposal and recovery may affect the quality of the environment and the smooth operation of the internal market.(8)It is important for the Community as a whole to becomeself‑sufficient in waste disposal and desirable for Member States individually to aim at such self‑sufficiency.(9)In order to achieve those objectives,waste managementplans should be drawn up in the Member States.(10)Movements of waste should be reduced and MemberStates may take the necessary measures to that end in their management plans.(11)To ensure a high level of protection and effective control,it is necessary to provide for authorisation and inspection of undertakings which carry out waste disposal and recovery.(1)OJ C112,30.4.2004,p.46.(2)Opinion of the European Parliament of9March2004(OJC102E,28.4.2004,p.106)and Council Decision of30January 2006.(3)OJ L194,25.7.1975,p.39.Directive as last amended byRegulation(EC)No1882/2003of the European Parliament and of the Council(OJ L284,31.10.2003,p.1).(4)See Part A of Annex III.(12)Subject to certain conditions,and provided that theycomply with environmental protection requirements, some establishments which process their waste them-selves or carry out waste recovery may be exempted from permit requirements.Such establishments should be subject to registration.(13)In order that waste can be monitored from its productionto its final disposal,other undertakings involved with waste,such as waste collectors,carriers and brokers should also be subject to authorisation or registration and appropriate inspection.(14)That proportion of the costs not covered by the proceedsof treating the waste must be defrayed in accordance with the‘polluter pays’principle.(15)The measures necessary for the implementation of thisDirective should be adopted in accordance with Council Decision1999/468/EC of28June1999laying down the procedures for the exercise of implementing powers conferred on the Commission(1).(16)This Directive should be without prejudice to theobligations of the Member States relating to the time-limits for transposition into national law of the Directives listed in Part B of Annex III,HAVE ADOPTED THIS DIRECTIVE:Article11.For the purposes of this Directive:(a)‘waste’shall mean any substance or object in thecategories set out in Annex I which the holder discards or intends or is required to discard;(b)‘producer’shall mean anyone whose activities producewaste(‘original producer’)and/or anyone who carries out pre‑processing,mixing or other operations resulting in a change in the nature or composition of this waste;(c)‘holder’shall mean the producer of the waste or thenatural or legal person who is in possession of it;(d)‘management’shall mean the collection,transport,recovery and disposal of waste,including the supervision of such operations and after‑care of disposal sites;(e)‘disposal’shall mean any of the operations provided forin Annex II A;(f)‘recovery’shall mean any of the operations provided forin Annex II B;(g)‘collection’shall mean the gathering,sorting and/ormixing of waste for the purpose of transport.2.For the purposes of paragraph1,point(a),the Commission,acting in accordance with the procedure referred to in Article18(3),shall draw up a list of waste belonging to the categories listed in Annex I.This list shall be periodically reviewed and,if necessary,revised in accordance with the same procedure.Article21.The following shall be excluded from the scope of this Directive:(a)gaseous effluents emitted into the atmosphere;(b)where they are already covered by other legislation:(i)radioactive waste;(ii)waste resulting from prospecting,extraction,treat-ment and storage of mineral resources and theworking of quarries;(iii)animal carcases and the following agricultural waste:faecal matter and other natural,non‑danger-ous substances used in farming;(iv)waste waters,with the exception of waste in liquid form;(v)decommissioned explosives.2.Specific rules for particular instances,or supplementing those of this Directive,on the management of particular categories of waste,may be laid down by means of individual Directives.(1)OJ L184,17.7.1999,p.23.Article31.Member States shall take appropriate measures to encourage:(a)first,the prevention or reduction of waste productionand its harmfulness,in particular by:(i)the development of clean technologies moresparing in their use of natural resources;(ii)the technical development and marketing of products designed so as to make no contributionor to make the smallest possible contribution,bythe nature of their manufacture,use or disposal,toincreasing the amount or harmfulness of waste andpollution hazards;(iii)the development of appropriate techniques for the final disposal of dangerous substances contained inwaste destined for recovery;(b)second:(i)the recovery of waste by means of recycling,re‑useor reclamation or any other process with a view toextracting secondary raw materials;or(ii)the use of waste as a source of energy.2.Except where Directive98/34/EC of the European Parliament and of the Council of22June1998laying down a procedure for the provision of information in the field of technical standards and regulations(1)applies,Member States shall inform the Commission of any measures they intend to take to achieve the aims set out in paragraph 1.The Commission shall inform the other Member States and the Committee referred to in Article18(1)of such measures.Article41.Member States shall take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment,and in particular:(a)without risk to water,air or soil,or to plants or animals;(b)without causing a nuisance through noise or odours;(c)without adversely affecting the countryside or places ofspecial interest.2.Member States shall take the necessary measures to prohibit the abandonment,dumping or uncontrolled disposal of waste.Article51.Member States shall take appropriate measures,in cooperation with other Member States where this is necessary or advisable,to establish an integrated and adequate network of disposal installations,taking account of the best available technology not involving excessive costs.The network must enable the Community as a whole to become self‑sufficient in waste disposal and the Member States to move towards that aim individually,taking into account geographical circum-stances or the need for specialised installations for certain types of waste.2.The network referred to in paragraph1must enable waste to be disposed of in one of the nearest appropriate installations,by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health.Article6Member States shall establish or designate the competent authority or authorities to be responsible for implementing this Directive.Article71.In order to attain the objectives referred to in Articles3,4 and5,the competent authority or authorities referred to in Article6shall be required to draw up as soon as possible one or more waste management plans.Such plans shall relate in particular to:(a)the type,quantity and origin of waste to be recovered ordisposed of;(b)general technical requirements;(c)any special arrangements for particular wastes;(d)suitable disposal sites or installations.(1)OJ L204,21.7.1998,p.37.Directive as last amended by the2003Act of Accession.2.The plans referred to in paragraph1may,for example, cover:(a)the natural or legal persons empowered to carry outwaste management;(b)the estimated costs of the recovery and disposaloperations;(c)appropriate measures to encourage rationalisation of thecollection,sorting and treatment of waste.3.Member States shall cooperate as appropriate with the other Member States and the Commission to draw up such plans.They shall notify Commission of them.4.Member States may take the measures necessary to prevent movements of waste which do not comply with their waste management plans.They shall inform the Commission and the Member States of any such measures.Article8Member States shall take the necessary measures to ensure that any holder of waste:(a)has it handled by a private or public waste collector or byan undertaking which carries out the operations listed in Annex II A or II B;or(b)recovers or disposes of it himself in accordance with theprovisions of this Directive.Article91.For the purposes of implementing Articles4,5and7,any establishment or undertaking which carries out the operations specified in Annex II A shall obtain a permit from the competent authority referred to in Article6.Such permit shall cover:(a)the types and quantities of waste;(b)the technical requirements;(c)the safety precautions to be taken;(d)the disposal site;(e)the treatment method.2.Permits may be granted for a specified period,they may be renewable,they may be subject to conditions and obligations,or,notably,if the intended method of disposal is unacceptable from the point of view of environmental protection,they may be refused.Article10For the purposes of applying Article4,any establishment or undertaking which carries out the operations referred to in Annex II B shall obtain a permit.Article111.Without prejudice to Council Directive91/689/EEC of 12December1991on hazardous waste(1),the following may be exempted from the permit requirement laid down in Article9or Article10:(a)establishments or undertakings carrying out their ownwaste disposal at the place of production;and(b)establishments or undertakings that carry out wasterecovery.2.The exemption referred to in paragraph1may apply only:(a)if the competent authorities have adopted general rulesfor each type of activity,laying down the types and quantities of waste and the conditions under which the activity in question may be exempted from the permit requirement;and(b)if the types or quantities of waste and methods ofdisposal or recovery are such that the conditions laid down in Article4are complied with.3.The establishments or undertakings referred to in paragraph1shall be registered with the competent authorities.4.Member States shall inform the Commission of the general rules adopted pursuant to paragraph2,point(a).(1)OJ L377,31.12.1991,p.20.Directive as amended byDirective94/31/EC(OJ L168,2.7.1994,p.28).Article12Establishments or undertakings which collect or transport waste on a professional basis or which arrange for the disposal or recovery of waste on behalf of others(dealers or brokers) shall,where they are not subject to authorisation,be registered with the competent authorities.Article13Establishments or undertakings which carry out the opera-tions referred to in Articles9to12shall be subject to appropriate periodic inspections by the competent authorities.Article141.All establishments or undertakings referred to in Articles9and10shall:(a)keep a record of the quantity,nature,origin and,whererelevant,the destination,frequency of collection,mode of transport and treatment method in respect of the waste referred to in Annex I and the operations referred to in Annex II A or II B;(b)make this information available,on request,to thecompetent authorities referred to in Article6.2.Member States may also require producers to comply with the provisions of paragraph1.Article15In accordance with the‘polluter pays’principle,the cost of disposing of waste must be borne by:(a)the holder who has waste handled by a waste collector orby an undertaking as referred to in Article9;and/or(b)the previous holders or the producer of the product fromwhich the waste came.Article16At intervals of three years Member States shall send information to the Commission on the implementation of this Directive,in the form of a sectoral report which shall also cover other pertinent Community Directives.The report shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure referred to in Article18(2).The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report.The report shall be made to the Commission within nine months of the end of the three‑year period covered by it.The Commission shall publish a Community report on the implementation of the Directive within nine months of receiving the reports from the Member States.Article17The amendments necessary for adapting the Annexes to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article18(3).Article181.The Commission shall be assisted by a committee.2.Where reference is made to this paragraph,Articles4and 7of Decision1999/468/EC shall apply,having regard to the provisions of Article8thereof.The period laid down in Article4(3)of Decision1999/468/EC shall be set at one month.3.Where reference is made to this paragraph,Articles5and 7of Decision1999/468/EC shall apply,having regard to the provisions of Article8thereof.The period laid down in Article5(6)of Decision1999/468/EC shall be set at three months.4.The Committee shall adopt its rules of procedure.Article19Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article20Directive75/442/EEC is hereby repealed,without prejudice to Member States'obligations relating to the time‑limits for transposition into national law set out in Annex III,Part B. References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex IV.Article21This Directive shall enter into force on the20th day following its publication in the Official Journal of the European Union.Article22This Directive is addressed to the Member States.Done at Strasbourg,5April2006.For the European ParliamentThe PresidentJ.BORRELL FONTELLESFor the CouncilThe PresidentH.WINKLERANNEX ICATEGORIES OF WASTEQ1Production or consumption residues not otherwise specified belowQ2Off-specification productsQ3Products whose date for appropriate use has expiredQ4Materials spilled,lost or having undergone other mishap,including any materials,equipment,etc., contaminated as a result of the mishapQ5Materials contaminated or soiled as a result of planned actions(e.g.residues from cleaning operations, packing materials,containers,etc.)Q6Unusable parts(e.g.reject batteries,exhausted catalysts,etc.)Q7Substances which no longer perform satisfactorily(e.g.contaminated acids,contaminated solvents, exhausted tempering salts,etc.)Q8Residues of industrial processes(e.g.slags,still bottoms,etc.)Q9Residues from pollution abatement processes(e.g.scrubber sludges,baghouse dusts,spent filters,etc.)Q10Machining/finishing residues(the turnings,mill scales,etc.)Q11Residues from raw materials extraction and processing(e.g.mining residues,oil field slops,etc.)Q12Adulterated materials(e.g.oils contaminated with PCBs,etc.)Q13Any materials,substances or products the use of which has been banned by lawQ14Products for which the holder has no further use(e.g.agricultural,household,office,commercial and shop discards,etc.)Q15Contaminated materials,substances or products resulting from remedial action with respect to landQ16Any materials,substances or products which are not contained in the abovementioned categories.ANNEX II ADISPOSAL OPERATIONSNB:This Annex is intended to list disposal operations such as they occur in practice.In accordance with Article4, waste must be disposed of without endangering human health and without the use of processes or methods likely to harm the environment.D1Deposit into or on to land(ndfill,etc.)D2Land treatment(e.g.biodegradation of liquid or sludgy discards in soils,etc.)D3Deep injection(e.g.injection of pumpable discards into wells,salt domes or naturally occurring repositories, etc.)D4Surface impoundment(e.g.placement of liquid or sludgy discards into pits,ponds or lagoons,etc.)D5Specially engineered landfill(e.g.placement into lined discrete cells which are capped and isolated from one another and the environment,etc.D6Release into a water body except seas/oceansD7Release into seas/oceans including sea‑bed insertionD8Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1to D7and D9to D12D9Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1to D8and D10to D12(e.g.evaporation,drying,calcination,etc.)D10Incineration on landD11Incineration at seaD12Permanent storage(e.g.emplacement of containers in a mine,etc.)D13Blending or mixing prior to submission to any of the operations numbered D1to D12D14Repackaging prior to submission to any of the operations numbered D1to D13D15Storage pending any of the operations numbered D1to D14(excluding temporary storage,pending collection,on the site where it is produced)ANNEX II BRECOVERY OPERATIONSNB:This Annex is intended to list recovery operations as they occur in practice.In accordance with Article4, waste must be recovered without endangering human health and without the use of processes or methods likely to harm the environment.R1Use principally as a fuel or other means to generate energyR2Solvent reclamation/regenerationR3Recycling/reclamation of organic substances which are not used as solvents(including composting and other biological transformation processes)R4Recycling/reclamation of metals and metal compoundsR5Recycling/reclamation of other inorganic materialsR6Regeneration of acids or basesR7Recovery of components used for pollution abatementR8Recovery of components from catalystsR9Oil re-refining or other reuses of oilR10Land treatment resulting in benefit to agriculture or ecological improvementR11Use of wastes obtained from any of the operations numbered R1to R10R12Exchange of wastes for submission to any of the operations numbered R1to R11R13Storage of wastes pending any of the operations numbered R1to R12(excluding temporary storage, pending collection,on the site where it is produced)ANNEX IIIPART AREPEALED DIRECTIVE WITH ITS SUCCESSIVE AMENDMENTS(referred to in Article20)Council Directive75/442/EEC(OJ L194,25.7.1975,p.39)Council Directive91/156/EEC(OJ L78,26.3.1991,p.32)Council Directive91/692/EEC(OJ L377,31.12.1991, p.48)only as regards the reference to Directive75/442/EEC in Annex VICommission Decision96/350/EC(OJ L135,6.6.1996,p.32)Regulation(EC)No1882/2003of theEuropean Parliament and of the Council(OJL284,31.10.2003,p.1)Annex III,point1onlyPART BLIST OF TIME-LIMITS FOR TRANSPOSITION INTO NATIONAL LAW(referred to in Article20)Directive Time-limit for transposition 75/442/EEC17July197791/156/EEC1April199391/692/EEC1January199527.4.2006EN Official Journal of the European Union L114/19ANNEX IVCORRELATION TABLEDirective75/442/EEC This DirectiveArticle1,introductory words Article1(1)introductory wordsArticle1(a)first subparagraph Article1(1)(a)Article1(a)second subparagraph Article1(2)Article1(b)—(g)Article1(1)(b)—(g)Article2Article2Article3(1)introductory words Article3(1)introductory wordsArticle3(1)(a)introductory words Article3(1)(a)introductory wordsArticle3(1)(a)first indent Article3(1)(a)(i)Article3(1)(a)second indent Article3(1)(a)(ii)Article3(1)(a)third indent Article3(1)(a)(iii)Article3(1)(b),introductory words Article3(1)(b)introductory wordsArticle3(1)(b)first indent Article3(1)(b)(i)Article3(1)(b)second indent Article3(1)(b)(ii)Article3(2)Article3(2)Article4,first paragraph,introductory words Article4(1),introductory wordsArticle4,first paragraph,first indent Article4(1)(a)Article4,first paragraph,second indent Article4(1)(b)Article4,first paragraph,third indent Article4(1)(c)Article4,second paragraph Article4(2)Article5Article5Article6Article6Article7(1),first subparagraph,introductory words Article7(1),introductory wordsArticle7(1),first subparagraph,first indent Article7(1)(a)Article7(1),first subparagraph,second indent Article7(1)(b)Article7(1),first subparagraph,third indent Article7(1)(c)Article7(1),first subparagraph,fourth indent Article7(1)(d)Article7(1),second subparagraph,introductory words Article7(2),introductory wordsArticle7(1),second subparagraph,first indent Article7(2)(a)Article7(1),second subparagraph,second indent Article7(2)(b)Article7(1),second subparagraph,third indent Article7(2)(c)Article7(2)Article7(3)Article7(3)Article7(4)Article8,introductory words Article8,introductory wordsL114/20EN Official Journal of the European Union27.4.2006 Directive75/442/EEC This DirectiveArticle8,first indent Article8(a)Article8,second indent Article8(b)Article9(1),first subparagraph Article9(1),first subparagraphArticle9(1),second subparagraph,introductory words Article9(1),second subparagraph,introductory wordsArticle9(1),second subparagraph,first indent Article9(1),second subparagraph,(a)Article9(1),second subparagraph,second indent Article9(1),second subparagraph,(b)Article9(1),second subparagraph,third indent Article9(1),second subparagraph,(c)Article9(1),second subparagraph,fourth indent Article9(1),second subparagraph,(d)Article9(1),second subparagraph,fifth indent Article9(1),second subparagraph,(e)Article9(2)Article9(2)Article10Article10Article11(1),first subparagraph Article11(1)Article11(1),second subparagraph,introductory words Article11(2),introductory wordsArticle11(1),second subparagraph,first indent Article11(2)(a)Article11(1),second subparagraph,second indent Article11(2)(b)Article11(2)Article11(3)Article11(3)Article11(4)Article12Article12Article13Article13Article14,first paragraph,introductory words Article14(1),introductory wordsArticle14,first paragraph,first indent Article14(1)(a)Article14,first paragraph,second indent Article14(1)(b)Article14,second subparagraph Article14(2)Article15,introductory words Article15,introductory wordsArticle15,first indent Article15(a)Article15,second indent Article15(b)Article16,first paragraph Article16,first paragraph and Article18(2)Article16,second paragraph___Article16,third paragraph Article16,second paragraphArticle17Article17Article18(1)Article18(1)Article18(2)Article18(3)Article18(3)Article18(4)Article19___27.4.2006EN Official Journal of the European Union L114/21Directive75/442/EEC This DirectiveArticle20Article19___Article20___Article21Article21Article22Annex I Annex IAnnex II A Annex II AAnnex II B Annex II B___Annex III___Annex IV。