Battery Act

General information on the Battery Act (BattG)
Manufacturers, dealers or importers who want to bring batteries and accumulators to the German market are subject to the German Batteries Act (BattG), based on the European waste battery directive (2006/66 / EC).

What do the terms BattG / EAR mean?

BattG: The term "BattG" is an abbreviation of the designation of the German Battery Law - Law on the placing on the market, the return and the environmentally friendly disposal of batteries and accumulators. Different national laws apply in other EU member states.

EAR: The Foundation for Altgeräte Register (EAR) is a public foundation under civil law and acts as a "joint agency for manufacturers". It registers the manufacturers and coordinates the provision of collection containers and collection from public waste disposal authorities.

Who do the registration obligations affect?
All who place batteries and accumulators on the market in Germany, such as manufacturers, wholesalers and retailers (including mail order companies) and importers of batteries and accumulators, are obliged to do so. Separate provisions apply to their utilization.

Which products fall under the BattG?
Batteries and accumulators are generally not covered by the electrical law. The statutory obligations under the Battery Act (BattG) apply to manufacturers and distributors. In principle, all batteries and accumulators are affected, regardless of whether they are sold individually or as a package.

Important: As a manufacturer or dealer under the Battery Act, every company in Germany is for the first time commercially placing batteries or devices with built-in or enclosed batteries on the market and selling batteries from manufacturers not previously reported.

Categories (BattG)

Every battery and accumulator that falls within the scope of the BattG can be assigned to one of the three categories shown below. The batteries can be non-rechargeable (primary batteries) and rechargeable (accumulators), permanently installed or available individually.

What is product stewardship?
Product responsibility on the part of the distributor means taking responsibility for a product over its entire service life, from manufacture and sale to free return as well as professional disposal or recycling of raw materials.

What penalties or fines are possible? 

According to Section 45 of the ElektroG, offenses such as selling without registration or missing a quantity report as administrative offenses are subject to fines of up to a maximum of 100,000 euros per individual case. In addition, sales of the products concerned must be stopped immediately.

Further information on the penalties and fines for violations of the ElektroG can be found in the following link.

What are the registration obligations?
Manufacturers, distributors or importers must register with the EAR Foundation before sales begin and contribute to the disposal costs. In order to secure the return and disposal in the event of insolvency, a guarantee in the form of a bank guarantee or insurance must be deposited.

Are there any other obligations?
The Battery Act imposes the following obligations on manufacturers, dealers and importers for placing batteries and accumulators on the market:

• Batteries and accumulators must be registered before sales begin.

• Batteries containing harmful substances (see cadmium and lead) must be clearly labeled.

• The quantities placed on the market and sold must be reported regularly.

• A suitable option for taking back batteries must be offered for the batteries brought onto the market.

• An environmentally friendly and professional disposal must be ensured. 

What does Amazon need about registration?
As an online trading platform, Amazon must observe and implement the legal requirements of the WEEE directive for Germany. Dealers must include the German WEEE registration number in the information about the seller section in the dealer shop and on all invoices.

Further information on Amazon and WEEE registration with the EAR Foundation can be found at the following link.

How long does the registration process take?
According to the EAR Foundation, the process can usually take around 7 to 8 weeks, depending on the circumstances and in the case of further necessary information and requirements, however, more.

Authorization for foreign manufacturers and dealers as part of the registration

Foreign manufacturers without a registered office or branch in Germany must name an authorized representative based in this country. The latter can represent the manufacturer vis-à-vis the joint agency, but is also liable for all statutory obligations of the manufacturer.