STAKEHOLDER CONSULTATION

regarding a review of the exemption of cadmium ban provided for portable batteries and accumulators intended for use in cordless power tools (CPT)

Background

Directive 2006/66/EC on (waste) batteries and accumulators[1], entered into force on 26 September 2006. This Directive sets out rules applicable to all batteries and accumulators that are put on the European Union market.

These rules include, among others, restriction on the use of cadmium in portable batteries and accumulators.[2]A"portable battery or accumulator" is 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 an automotive battery or accumulator.[3]Portable batteries and accumulators, including those incorporated into appliances, that contain more then 0,002 % of cadmium by weight shall not be placed on the market.

However, certain portable batteries and accumulators are exempted form the above requirement such as: (a) emergency and alarm systems, including emergency lighting; (b) medical equipment; or (c) cordless power tools.[4]

The objective of the Directive is to minimise the negative impact of (waste) batteries and accumulators on the environment, in particular to reduce the quantities of hazardous substances such as cadmium in waste limiting the presence of such substances in batteries and accumulators, and in their production processes. Furthermore, the use of cadmium in batteries and accumulators should be avoidedwhere suitable alternatives are available in the interest of the protection of human health and the environment.

The European Commission is currently carrying out a review of the exemption from the cadmium ban provided for portable batteries and accumulators intended for use in cordless power tools as requested in Article 4(4) of the Directive.

Cordless power tools (CPT) are for example tools that consumers and professionals use for turning, making holes, polishing of wood or metal, as well as for gardening activities.Due to frequently upcoming new appliances the market for CPT is constantly changing. In several of the CPTapplications cadmium free alternatives are used. However, in some applications the share of cadmium batteries is still high.

The European Commission has gathered and analysedexisting information on the market development of portable batteries and accumulators intended for use in cordless power tolls and assess the technical feasibility of its alternatives.[5]It has also assessed the environmental, economic, and social impacts of possible substitutes forcadmium in portable batteries and accumulators intended for use in cordless power tools in comparison with the use of cadmium in these battery types.

Market data

According to available information it is estimated that in the EU and worldwide currently 36% of the electric power tool market is related to cordless power tools (CPT). Accordingly in 2007, the worldwide market value for CPT is estimated at 3500 million €. The European market value of the CPT sector was 1440 million €.

Cordless power tools (CPT) in Europe are currently operated with portable rechargeable nickel-cadmium (NiCd), lithium-ion (Li-ion) or nickel-metal hydride (NiMH) batteries and accumulators. The market share of these battery technologies is 55% for NiCd, 36% for Li-ion and 9% for NiMH. The trend for NiCd batteriesis decreasing whereas it is increasing for Li-ion batteries and more or less stable for NiMH batteries. Other batteries technologies are currently not used in CPT.

In total a number of around 1060 million cells (of all relevant types) have been used in CPT worldwide in 2008. This corresponds to a value of about 1025 million €.

The number of NiCd cells used in CPT in 2008 was about 515 million cells worldwide and 240 million cells within the EU. This corresponds to a world market share of 47%.

Technical assessment

The average mass of a NiCd cell used in CPT is 55g resulting in a total mass of 13,200 tonnes of NiCd cells used in CPT in Europe in 2008.

The available dadashow that:

  • In the short term, the NiCd batteries and accumulators used inthe existing cordless power tools[6]can be replaced by NiMH batteries and accumulators;
  • In the short term, the NiCd batteries and accumulators intended for use in newcordless power tools[7]can be replaced by Li-ion batteries and accumulators;
  • In the medium to long term, new battery technologies may substitute the Li-ion battery of today such as improved lithium or lithium-ion-batteries, nickel-zink-batteries, carbon nanotube enhanced supercapacitors;
  • In the long term possibly portable fuel cells or redox-flow batteriesmay be used as energy source for CPT.

In practice Li-ion batteries (and to a minor extend the NiMH batteries) already have replaced NiCd batteries in the segment of professional CPT.

Impact assessment

The data available indicate thata ban of the application of nickel-cadmium (NiCd) batteries and accumulators in cordless power tools (CPT):

  • could be of substantial benefit for health and environment in the EU bylimiting cadmium leakage intothe environment;
  • would not be related to substantial technical problems as alternatives already exist (such as Li-ion and NiMH technologies);
  • would not cause inacceptable economic and social impacts as additional cost of alternatives would be temporary limited and any job losses would be balanced by the creation of new jobs;
  • could strengthen competitivenessin the mid term.

In total the expected benefits from a ban of NiCd batteries for application in cordless power tools (CPT) seems to exceed its costs.

The stakeholders that would be affected by a possible ban of NiCd batteries intended for use in CPT are raw material suppliers for battery manufacturers, battery manufacturers,battery recyclers, CPT manufacturers,professional and private users of CPTand the society and the environment as a whole.

Way forward

In the context of the review of the exemption from the cadmium ban provided for portable batteries and accumulators intended for use in cordless power tools, the European Commission would like to invite stakeholders to share their views on the environmental, social and economic impacts that might result from a future cadmium ban for portable batteries and accumulators indented for use in cordless power tools.

Stakeholders are invited to reply to the following questions. Allanswers will be published on the European Commission web site, unless stakeholders clearly mark their submission as confidential.

Question 1.Available data indicate that the use of cadmium in portable batteries and accumulators intended for use in cordless power tools can be limited to 0,002% of cadmium by weight. How soon should such a limit be introduced in EU legislation? What would be the social, economic and environmental consequences for you? Please provide quantitative dada as much as possible (maximum 150 words).

Question 2.Do you have any other comments? Please also provide technical and scientific evidence (maximum 150 words).

We thank you for your kind cooperation!

1

[1] OJ L 266, 26.9.2006, p. 1. Directive as last amended by Directive 2008/103/EC (OJ L 327, 5.12.2008, p. 7–8).

[2] See Article 4 paragraph 1(b) of Directive 2006/66/EC

[3] See Article 3 of Directive 2006/66/EC

[4] See Article 4(3) of Directive 2006/66/EC

[5] Study available at:

[6]CPT placed on the EU market prior to a possible ban of NiCd batteries

[7]CPT placed on the EU market after a possible ban of NiCd batteries