159. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the prevention, collection and treatment of waste batteries and accumulators (Batteries Regulation)

On the basis of § § 13, 13a, 13b, 14, 19, 23 (1) and 3, 28a and 36 of the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102, as last amended by the Federal Law BGBl. I n ° 54/2008, is being prescribed in agreement with the Federal Minister for Economic Affairs and Labour:

Section 1

General provisions

Objectives

§ 1. The objectives of this Regulation are

1.		the improvement of the environmental performance of batteries throughout their life cycle,
2.		the prevention of waste from batteries and, where such waste is not preventable, the recycling and other forms of recovery of such waste, in order to ensure that the quantity of waste to be removed is sustainable in the interests of sustainable use; -reducing the management of materials and improving the environmental situation by including all those involved in the life cycle of batteries, such as manufacturers, distributors, consumers and waste handlers;
3.		the largely separate collection of waste batteries and the avoidance of final disposal as unsorted municipal waste, with at least 25% and up to 26 September 2016 at least 45% as the minimum target for device waste batteries up to 26 September 2012 the mass of batteries placed on the market each year (collection rate),
4.		ensuring a high level of recycling of spent batteries; and
5.		the restriction of the use of hazardous substances in batteries in order to contribute to the protection of human health, to the prevention of risks to the natural living conditions of animals or plants or to the soil and to the environment; the environmentally sound recovery and disposal of waste batteries.

Scope

§ 2. (1) This Regulation shall apply to all types of batteries, irrespective of the shape, volume, weight, composition or use of the batteries. It shall apply without prejudice to the end-of-life vehicle regulation, BGBl. II No 407/2002, and the Electrical Equipment Ordinance (EAG-VO), BGBl. II No 121/2005, in the relevant versions.

(2) The provisions of this Regulation shall not apply to batteries which:

1.		in equipment, weapons, munitions and war material specifically intended for military purposes and which are of importance for the maintenance of Austria's essential security interests, or
2.		in equipment for use in space
shall be used.

Definitions

§ 3. For the purposes of this Regulation:

1.		"battery" means a source of electrical energy, consisting of one or more primary cells (not rechargeable) or of one or more secondary cells (rechargeable), obtained by direct conversion of chemical energy;
2.		"battery pack" means a group of batteries which are connected to each other and/or assembled in an outer casing so as to form a complete unit which is not to be separated or opened by the last consumer;
3.		"portable batteries" batteries, button cells, battery packs or accumulators,
a)			that are encapsulated and
b)			that can be held in the hand and
c)			which are neither industrial batteries nor vehicle batteries, unless the industrial batteries are used in electrical and electronic equipment for private households;
4.		"button cells" means small, round portable batteries whose diameter is greater than their height and which are intended for special purposes such as hearing aids, wristwatches, small portable devices or for the supply of reserve power;
5.		"vehicle batteries" means batteries or accumulators for the starter, the lighting or the ignition of vehicles; as vehicle batteries or accumulators, industrial batteries or accumulators shall be considered to be of type or type of vehicle battery or accumulators;
6.		"industrial batteries" means batteries or accumulators intended for industrial or commercial purposes or for electric vehicles of any kind;
7.		"waste batteries" means batteries or accumulators, which are considered as waste in accordance with Article 2 of the AWG 2002;
8.		"self-importers" means the final consumer who purchase equipment or vehicle batteries for the operation of their company from abroad and where they are produced as waste in the company;
9.		"disposal" means the applicable procedures in accordance with Annex 2 Point 2 of the 2002 AWG;
10.		"treatment" means all activities carried out on waste batteries after handover to a plant for sorting, preparation for recycling or for preparation of disposal;
11.		"equipment" means electrical and electronic equipment as defined in Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), OJ L 327, 31.12.2002, p. No. 24, which may be operated or operated in full or in part with batteries;
12.		"Last distributor" means any person who offers batteries to the final consumer;
13.		"last consumer" means any person who purchases batteries for use;
14.		"On-the-market" means the transfer of batteries to another legal entity in the commercial sector;
15.		"Collection Points"
a)			bodies set up by municipalities or associations of municipalities in accordance with Section 28a of the AWG 2002; or
b)			bodies set up by manufacturers of portable batteries in accordance with Section 13a (1) of the AWG 2002,
		where portable batteries can be delivered;
16.		"cordless power tool" means a handheld device operated by a battery or accumulator for maintenance, construction or gardening;
17.		"collection rate" means the percentage of the weight of waste batteries collected in a Member State in a calendar year in accordance with § § 5, 6, 7, 10 and 17 of the EAG-VO or in accordance with § § 9 et seq. of the weight of the portable batteries , which, on the annual average for the calendar year concerned and the previous two calendar years in the Member State concerned, either sell directly to the final consumer or provide third parties with a view to making them available to the final consumer are sold;
18.		"mass fraction" means the mass of portable batteries placed on the market or imported for their own use and reported by a collection and recycling system in relation to the total mass reported by collection and recycling systems in transport set of portable batteries;

Material bans and avoidance

§ 4. (1) Without prejudice to the end-of-life vehicle regulation, it shall be prohibited,

1.		Batteries containing more than 0.0005% by weight of mercury, whether or not incorporated into equipment, and
2.		equipment batteries containing more than 0.002% by weight of cadmium, including those incorporated in equipment,
shall be placed on the market at any commercial level. For the purposes of this provision, "placing on the market" shall be the delivery or provision of delivery or provision of goods free of charge. for a third party within the European Union, including the import into the customs territory of the European Union.

(2) Paragraph 1 Z 1 shall not apply to a button cell with a mercury content of not more than 2% by weight.

(3) Paragraph 1 (2) does not apply to portable batteries intended for use in the following devices and systems:

1.		emergency systems and alarm systems, including emergency lighting;
2.		medical equipment;
3.		cordless power tools.

(4) Paragraph 1 shall not apply to batteries, provided that they were first placed on the market in the European Union before 26 September 2008.

Treatment of spent batteries

§ 5. (1) Manufacturers shall be shown to ensure that the recovered waste batteries have been withdrawn;

1.		to be treated in accordance with the state of the art,
2.		requirements according to the Waste Treatment Ordinance, BGBl. II No 459/2004, as amended,
3.		by 26 September 2011 at the latest Annex 1 minimum efficiencies mentioned,
4.		keep records of the mass of spent batteries, with a view to the calculation of the targets in accordance with Z 3, which
a)			are supplied to a recovery facility, or
b)			are supplied to another treatment plant or leave it.
The first and third sentences of Section 17 (5) of the AWG 2002 shall apply mutatily to the records in accordance with Z 4.

(2) Waste batteries exported from the European Union may only be used in the calculation of the waste batteries in the European Union. Annex 1 shall be taken into account if:

1.		the manufacturer must show that the requirements laid down in paragraph 1 are complied with, and
2.		the export is properly carried out in accordance with the Community rules on waste shipments.

(3) Each waste collector (in particular municipalities or municipal associations) who takes over spent batteries from a final consumer and does not return it to the manufacturer must comply with the provisions of paragraphs 1 and 2.

Marking

§ 6. (1) Manufacturers who place batteries or battery packs on the market shall have them with the Annex 2 to identify the symbol that is shown.

(2) Manufacturers who place on the market equipment or vehicle batteries shall indicate their capacity on the battery in a visible, legible and durable form at the latest as from 26 September 2009.

(3) Manufacturers who place on the market batteries containing more than 0.0005% mercury, more than 0.002% cadmium or more than 0.004% lead, have these corresponding to the chemical mark for the relevant metal (Hg, Cd or Pb), corresponding to the Annex 2 shall be identified.

(4) If the size of the symbol or the chemical character is less than 0.5 × 0.5 cm due to the dimensions of the battery or the battery pack, the battery or battery pack shall not be marked; instead, the battery or battery pack shall not be marked. symbol or chemical character in the size of at least 1 × 1 cm on the packaging to print.

Information for Last Consumer

§ 7. (1) Manufacturers shall make available to the final consumers of batteries, at least in the following areas, information in a suitable manner, e.g. in print media and on the Internet:

1.		the possible effects of the substances contained in batteries on the environment and on human health;
2.		the purpose and purpose of the separate collection of waste batteries and the drawbacks of disposal, together with unsorted municipal waste;
3.		the available return and collection facilities;
4.		the usefulness of recycling and other forms of recovery of spent batteries;
5.		the importance of the Annex 2 the symbol of the crossed-out waste bin on wheels and of the chemical symbols Hg, Cd and Pb.
Manufacturers of portable batteries shall have the information referred to in Z 3 with the operators of collection points according to § 3 Z 15 lit. a to vote.

(2) The final distributor of battery or vehicle batteries shall inform the final consumer of the possibility of the withdrawal of batteries of equipment and vehicles at their points of sale.

Section 2

Portable batteries

Removal of portable batteries

§ 8. Manufacturers of electrical and electronic equipment in accordance with Section 13a of the AWG 2002 have to design devices in such a way that portable batteries can be removed without any problems. Equipment in which portable batteries are installed shall be accompanied by instructions, such as those which can be safely removed, and information on the type of device batteries installed for the consumer. This does not apply to cases in which, for reasons of safety, performance, medical reasons or for reasons of completeness of data, an uninterrupted power supply is necessary and a permanent link between the device and the equipment is required. the battery is required.

Return of portable batteries

§ 9. (1) The last consumer may at least give back portable batteries free of charge

1.		at collection points according to § 3 Z 15 lit. a,
2.		at collection points in accordance with § 3 Z 15 lit. b,
3.		in the case of other return possibilities, which manufacturers or collection and recovery systems set up for this purpose,
4.		in the case of the last distributor of portable batteries.

(2) In the case of legal transactions in which the last distributor sells portable batteries within the scope of the mail order trade, including the electronic mail order trade, the last distributor may, by means of an installation, be obliged to withdraw it pursuant to paragraph 1 (1) (4). of at least two publicly accessible places per political district where the waste batteries can be used by the last consumers. These bodies and their opening hours shall be notified in an appropriate manner to the final consumer.

(3) Manufacturers of portable batteries shall have at least one collection point in each political district in which portable batteries can be delivered from the last distributors of portable batteries.

(4) The last distributor of portable batteries, collection and recycling systems for WEEE and manufacturers of electrical and electronic equipment according to § 10 EAG-VO may give off device batteries at least free of charge.

1.		Collection points according to § 3 Z 15 lit. b,
2.		Collection points according to § 3 Z 15 lit. a, provided that appropriate contracts exist between a collection and recovery system and the collection point and the legal and technical requirements.

Withdrawal of battery-powered batteries

§ 10. (1) Manufacturers of portable batteries shall have portable batteries of collection points according to § 3 Z 15 lit. a, of the final distributors, of collection and recycling systems for waste electrical and electronic equipment or of final consumers at collection points according to § 3 Z 15 lit. b and-provided that they have set up other return options-to take back from the last consumer at least free of charge.

(2) Manufacturers of portable batteries have their obligation to withdraw pursuant to paragraph 1 in proportion to the mass of their portable batteries placed on the market to the mass of the total amount of portable batteries placed on the market by taking part in a collection and Recovery system according to § 16. A change between different collection and recovery systems is permitted only with the end of a calendar quarter.

Collection Points

§ 11. (1) The collection and supply of portable batteries shall at least be separated from the others at the collection points in accordance with § 3 Z 15. Annex 3 shall be carried out in the categories of collection and treatment.

(2) Where there is no contract for the collection of portable batteries with one or more collection and recovery systems, the municipalities (municipal associations) may, within the framework of the separate collection of waste batteries according to § 28a AWG 2002

1.		on reaching the Annex 3 the above mentioned quantity threshold or
2.		in the event that the quantity threshold is in accordance with Annex 3 within six months,
the coordinating body shall report a pick-up requirement in accordance with Section 20 in accordance with paragraph 4.

(3) A collection and recovery system may provide the coordinating body with a collection requirement pursuant to section 4 from a collection point according to § 3 Z 15 lit. (b) if:

1.		the collection and recovery system already takes back appliance waste batteries in proportion to the reported portable batteries it has placed on the market, to those of all collection and recycling systems as reported on the market and has
2.		that in Annex 3 has been reached.

(4) The notification of a pick-up requirement shall contain the following information:

1.		GLN (global location number) of the collection point,
2.		Collection and treatment category,
3.		estimated mass and
4.		Number, type, shape and size of the collection containers.

(5) The notification of a collection requirement pursuant to paragraph 2 (2) (1) and (3) may not be reported at the earliest on 1 December 2008.

Section 3

Vehicle batteries

Return of battery-powered batteries

§ 12. (1) The final consumer may at least return free vehicle batteries free of charge

1.		in the case of the last distributor of vehicle batteries,
2.		in the case of other return options, which manufacturers or collection and recovery systems set up for this purpose, or
3.		at collection points, the municipalities (municipal associations) set up for this purpose.

(2) For legal transactions in which the last distributor distributes vehicle batteries in the context of the mail order trade, including the electronic mail order trade, the last distributor may impose his obligation to withdraw pursuant to paragraph 1 (1) (1) (1) by The establishment of at least two publicly accessible places for each political district in which battery batteries can be used by final consumers. These bodies and their opening hours shall be notified in an appropriate manner to the final consumer.

Withdrawal of battery-powered batteries

§ 13. (1) Manufacturers of vehicle batteries have battery-powered batteries

1.		of the final distributors,
2.		of collection and recovery systems for end-of-life vehicles, or
3.		Collection agencies of the municipalities (municipal associations)
at least free of charge.

(2) Manufacturers of vehicle batteries have to fulfil their obligation to withdraw according to paragraph 1 by taking part in a collection and recycling system in accordance with § 16. A change between different collection and recovery systems is permitted only with the end of a calendar quarter.

Collection and collection

§ 14. (1) The collection and supply of battery waste batteries shall be at least separate from the others in Annex 3 shall be carried out in the categories of collection and treatment.

(2) Manufacturers of vehicle batteries shall, at the request of a final driver, a collection and recovery system for end-of-life vehicles or an operator of a collection centre of a municipality (a municipal association), have vehicle batteries of this type. Distributor, this collection and recycling system, or of this community (this community association)

1.		on reaching the Annex 3 shall be within 20 days, or
2.		in the event of non-compliance with this quantity threshold, Annex 3 at least once in the calendar year within six weeks
Free of charge.

Section 4

Industrial batteries

§ 15. (1) Manufacturers who place industrial batteries on the market have to take back industrial batteries irrespective of the date of their in-traffic setting and irrespective of their origin or chemical composition.

(2) Manufacturers may enter into agreements with the final consumers of the industrial batteries on the financing of the collection or treatment.

Section 5

Collection and recovery systems and coordination

Participation in a collection and recycling system

§ 16. (1) Manufacturers of appliances or vehicle batteries

1.		to fulfil their obligation to withdraw according to § 10 or § 13 by taking part in a collection and recovery system; and
2.		the obligations under Sections 5 (1) and (2), 7 (1), 9 (3), 14 (2), 22 (1) Z 6, 24 (1) and 25 (1) per collection and treatment category shall be subject to an approved collection and recycling system for equipment or equipment, or to contractually link the batteries of the vehicle,
by which the relevant obligations are transferred to the operator of the system.

(2) Manufacturers of industrial batteries may, in accordance with § § 5 (1) and (2), (7) (1) and (15) (1) per collection and treatment category, be entitled to a collection and recycling system for industrial waste batteries approved for this purpose. contractually, which makes the corresponding obligations to the operator of this system pass.

(3) Manufacturers and self-importers shall give the relevant collection and recycling system appropriate testing rights, in particular on the mass of batteries they place on the market.

Conditions for the establishment and operation of a collection and recovery system

§ 17. (1) A collection and recycling system for waste batteries may be constructed and operated only as a whole for one or more collection and treatment categories in order to take over the obligations laid down in Article 16 (1) or (2).

(2) Collection and recovery systems for waste batteries have to be detected in the entire territory of the Federal Republic of Germany. In any case, the obligation of Section 9 (3) shall be subject to at least one collection point per political district. and a waste disposal logistics plan must be drawn up to demonstrate that the collection can be picked up by the collection points in accordance with § 3 Z 15.

(3) Collection and recovery systems for waste-vehicle batteries shall draw up a waste disposal logistics plan which shall demonstrate that the collection of distributors, collection and recycling systems for end-of-life vehicles and collection centres of the municipalities (municipal associations) can be carried out in all political districts.

(4) The collection of appropriations shall be carried out in accordance with the following principles:

1.		Generally applicable tariffs are related to a category of collection and treatment, or-where this is objectively justified-in relation to groups of waste batteries comparable to the requirements for collection and treatment. (end-of-life battery-group tariff categories); all contractual partners shall be treated in accordance with the same principles.
2.		The tariffs shall be designed in such a way as to ensure that the costs to be expected for the spent batteries of a collection and treatment category or waste battery group collected during the calendar year are to be expected, including the costs to be incurred. the cost of their treatment and the expenditure incurred by the coordinating body on the total mass of the corresponding collection and treatment category or group of waste batteries expected to be placed on the market during the same calendar year, with regard to the Participation in the system will be relocated.
3.		Collection and recovery systems shall have the appropriate participation of the system participating producers with a view to controlling the collection of funds, in particular a complete notification of the total in circulation in the calendar quarter. The use of battery masses per collection and treatment category for which the respective system is to be used, including an allocation at the respective rates, is contractually guaranteed.

(5) Sammel and recycling systems for battery or vehicle batteries have the respective company-registered agreement according to § 29 para. 4 AWG 2002 to the Federal Minister for Agriculture, Forestry, Environment and Water Management as the application support for the approval of the system. An amendment to the agreement or the conclusion of a new agreement is also to be submitted, but does not entail a change approval pursuant to Section 29 (1) AWG 2002.

(6) As a condition for the operation of their system, collection and recovery systems shall, for the first time by means of the notification in accordance with Article 19 (1) (1) (1), have the following calendar year until 10 April of the second of the approval for the following calendar year to 10 April Calendar year-to prove that either:

1.		a mass fraction of at least 5% of the total annual volume of batteries placed on the market for each collection and treatment category; or
2.		a mass fraction of at least 8% of batteries placed on the market every year, resulting from the summation of the mass shares of the individual collection and treatment categories for which the collection and recovery system is approved,
is reached. If the mass shares are not reached even after a reasonable grace period has been set, the Federal Minister for Agriculture, Forestry, Environment and Water Management, according to § 31 paragraph 2 Z 5 lit. b AWG 2002 to restrict or withdraw the authorisation for the operation of the collection and recovery system at the end of the current calendar quarter as appropriate.

(7) Paragraph 6 shall not apply to approved collection and recycling systems for electrical appliances containing batteries or to end-of-life vehicles.

(8) A collection and recovery system for spent batteries can only be used at the end of a calendar quarter.

(9) For manufacturers and self-importers of portable batteries, which place very small masses on the market, collection and recovery systems have to offer proportionate flat-rate solutions which correspond to representative mass proportions.

Own collection performance of collection and recovery systems

§ 18. (1) A collection and recycling system for waste batteries can also set up additional collection points for portable batteries in addition to the collection points set up in accordance with § 3 Z 15. The spent batteries collected there shall be supplied to a treatment in accordance with § 5.

(2) Sammel and recovery systems shall offer an agreement on the calculation of the mass of spent batteries of the respective collection and treatment category, which are demonstrably collected by their participants and supplied in accordance with § 5 of a treatment.

(3) The masses of portable batteries, which are not reported as pick-up requirements and are supplied to a treatment pursuant to § 5 (15) and to be supplied at collection points pursuant to § 3 Z 15 and supplied to a treatment pursuant to § 5, and to be supplied via the coordinating body to a the collection and recovery system shall be provided by the coordinating body in the determination of the commitment percentage referred to in Annex 4 as their own collection performance of the collection and recovery system, provided that the coordinating body is responsible for each handover of the waste batteries to another legal entity (to an authorised contractor) by means of the following data: Register in accordance with § 22 (1) AWG 2002 of the collection and recovery system within 30 days from the date of collection the following month's sergests are reported:

1.		the places where it has been collected and, where available, the GLNs for those posts,
2.		the contractor responsible,
3.		the mass, whether or not to be re-used or treated, and which is to be re-used or treated,
4.		the proof of compliance with § 5 (1) Z 2 and
5.		the date of collection.
The documents confirming these particulars shall be kept by the collection and recovery system. Section 17 (5) of the first sentence of the AWG 2002 shall apply mutatily.

Additional reporting requirements for collection and recovery systems

§ 19. (1) The operator of a collection and recovery system shall, without prejudice to the contractual obligations to provide evidence of proper business activity, have the Federal Minister for Agriculture, Forestry, the Environment and Water Management , in any event each year, by 10 April of the following year:

1.		a list of the participants, in particular the producers and their own importers, indicating the GLN, and the mass of batteries placed on the market or imported for their own use during the previous calendar year, in respect of which: participation in this system shall be carried out separately according to the collection and treatment categories; and
2.		an activity report.
The list referred to in Z 1 shall be transmitted through the register. For the calendar year 2008, the notification of the mass in accordance with Z 1 shall include the batteries placed on the market or imported for their own use as from 26 September 2008.

(2) Weiters, the operator of a collection and recycling system, has a annual report to the Federal Minister for Agriculture, Forestry, Environment and Water Management annually by 10 September each year at the latest (at least the report by the appendix). extended annual financial statements) for the preceding calendar year, from which the financial situation for the section of section 17 (1) is apparent.

(3) The operator of a collection and recovery system shall publish the General Terms and Conditions in an appropriate manner. Prior to a change to the General Terms and Conditions, this intended change is to be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Coordinating body

§ 20. (1) The coordination tasks pursuant to Section 13b (1) AWG 2002 shall be carried out as the focal point of the Federal Ministers for Agriculture, Forestry, the Environment and Water Management or the legal entity entrusted by it.

(2) The agreements with the collection and recycling systems for spent batteries have the following content to be specified in section 13b (1) (1) (1) of the AWG 2002:

1.		Processing of collection points in accordance with § 3 Z 15, in particular
a)			determination of the possibility of voluntarily taking over the collection within a specified period, as reported by the operators of the collection points;
b)			Time limits for the execution of the collection pursuant to § 11 (2) or (3),
c)			consent to the direct appointment by the coordinating body of a responsible transferor of the collection and recovery system at the expense of the system, provided that the system is not picked up in time;
2.		Determination of flat rates for the cost of use of the collection infrastructure of municipalities or municipal associations in the context of the collection coordination, taking into account the following:
a)			the quantities of waste to be expected, the equipment necessary for the performance of the tasks of the municipal collection, the useful life of the equipment and the possibilities of increasing the efficiency in relation to the collection;
b)			include the flat-rate financing of the collection infrastructure
aa)				the costs of the container, to the extent that they are borne by the municipality or the municipal association; and
bb)				the costs of any necessary cover measures and structural measures for waste batteries, provided that they are required under the Waste Treatment Ordinance;
			the flat-rate packages shall be reduced proportionately, in relation to the mass of spent batteries collected, if they are not returned to the producers in the context of the collection coordination;
c)			the packages shall bear the collection and recovery systems in accordance with their mass shares, whereby the infrastructure costs of the collection points, which have been shown to be verifiable within the framework of their own collection performance, in accordance with § 3 Z 15 lit. a, referred to the the relevant mass of the waste batteries collected on this route, up to a maximum of one-part flat-rate, are counted;
3.		To lay down a remuneration for the costs of ensuring uniform information for the final consumer by the municipalities or associations of municipalities in relation to the number of inhabitants; this remuneration shall be provided by the collection and recovery systems in accordance with their mass shares;
4.		Establishment of the institutions, which can be referred to as the dispute resolution, the possible cases of dispute, the duration and the cost of the dispute settlement procedure.

(3) The coordination has to include the following measures in accordance with Section 13b (1) (1) (2) of the AWG 2002:

1.		the determination of the commitments of collection and recovery systems for spent batteries and the transmission of a reported collection requirement to the collection and recovery system with the highest level of commitment;
2.		the allocation of the flat-rate amounts in accordance with paragraph 2 (2) and the remuneration referred to in paragraph 2 (3);
3.		Creation of an annual concept of information activities in accordance with § 7, involving the operators of collection points according to § 3 Z 15.

(4) The coordinating body shall, in the performance of its tasks, have: Annex 4 shall be complied with.

(5) The agreements with the collection and recycling systems for vehicle batteries have to be included in the clarification of the content of section 13b (1) (1) (1) of the AWG 2002 that the approval of the system for the handling of the deforestation, in particular of Collection of municipalities (associations of municipalities) by the coordinating body under the direct supervision of an authorised transferor of the collection and recovery system at the expense of the system, provided that a collection by the system does not take place in time. In addition, this agreement provides for the coordination of the information of the final consumer, on the free return obligation and the return options.

Reporting and forwarding of a pick-up demand

§ 21. (1) Sammel and recycling systems for spent portable batteries shall, in accordance with their commitment content, have: Annex 4 collect waste batteries from collection points in accordance with § 3 Z 15 if the coordinating body forwards them electronically to a collection requirement of portable batteries by means of the register. The forwarding of the collection needs shall contain the following information:

1.		GLN of the collection point,
2.		estimated mass and
3.		Number, type, shape and size of the collection container.

(2) The collection and recovery system shall, without delay, report to the coordinating body the GLN of the authorised contractor by means of the register.

(3) Before the transfer of portable batteries, the contracted contractor shall have the date of collection (date of the start of transport) and the GLN of the location to which the waste is expected to be taken, by means of the register of the coordinating body to report.

(4) After the collection has been collected, the responsible contractor shall report the date of receipt and the weighted mass by means of the register of the focal point to which the waste has been brought.

(5) Sammel and recycling systems for waste batteries may use the reporting structures referred to in paragraphs 1 to 5 for the collection of their own collection services. In this case, by way of derogation from (2) and (3), the responsible contractor shall specify the collection and recovery system for which its own collection performance is to be collected.

6.

Registration and reporting obligations

Registration of the pledge

§ 22. (1) Manufacturers have to register the following data electronically via the website edm.gv.at in the register in accordance with section 22 (1) AWG 2002 and to ensure that these data are available no later than 1 September 2008:

1.		the name, address (s) of the manufacturer and the relevant commercial address for service,
2.		where appropriate, company book numbers, club register numbers, supplementary register numbers or, in the case of natural persons, the area-specific personal identification marks,
3.		Sectoral allocations (four digits) in accordance with Regulation (EC) No 1893/2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain categories of products Areas of statistics, OJ C No. OJ L 393, 30.12.2006 p. 1,
4.		contact addresses, including existing e-mail addresses, and contact persons,
5.		the batteries placed on the market, indicating the category of collection and treatment,
6.		for portable batteries, the collection points according to § 3 Z 15 lit. b by indication of the GLN,
7.		the relevant collection and recovery system, provided that the participation is or must be carried out.
Manufacturers who place batteries on the market for the first time after 2 August 2008 shall submit the data in accordance with Z 1 to 7 to the register within one month of taking up the activity. Changes to the data in accordance with Z 1 to 7 shall be sent to the register within one month.

(2) Sammel and recovery systems shall, at the request of their subscribers, forward the registration data in accordance with paragraphs 1 to 5 and 7 to the register.

(3) Operators of collection points according to § 3 Z 15 shall have the type of collection point (§ 3 Z 15 lit) by 1 August 2008 at the latest in addition to registration in accordance with AWG 2002. a or lit. (b) to be sent to the register. Operators of collection points, which will be put into service for the first time after 2 July 2008, have the type of collection point (§ 3 Z 15 lit) in addition to registration in accordance with AWG 2002. a or lit. (b) to transmit to the register within one month of the date on which such activity has been taken. Changes are to be sent to the register within one month.

(4) The following data shall be recorded electronically via the website edm.gv.at in the register in accordance with Section 22 (1) AWG 2002 and shall ensure that these data are available no later than 1 September 2008:

1.		the names, addresses (e.g. registered office) of the self-importer and the relevant commercial address for service;
2.		Company book numbers, club register numbers, supplementary register numbers or, in the case of natural persons, the area-specific personal identification marks,
3.		Sectoral allocations (four digits) in accordance with Regulation (EC) No 1893/2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain categories of products Areas of statistics, OJ C No. OJ L 393, 30.12.2006 p. 1,
4.		contact addresses, including existing e-mail addresses, and contact persons,
5.		the purchased appliances and vehicle batteries, indicating the category of collection and treatment,
6.		the respective collection and recovery system, provided that the participation is carried out in accordance with § 26 Z 2.
Self-importers who acquire equipment and vehicle batteries for the first time after 2 August 2008 shall submit the data in accordance with Z 1 to 6 to the register within one month of taking up the activity. Changes to the data in accordance with Z 1 to 6 shall be sent to the register within one month.

Publication of producers, self-importers, collection points and treatment

§ 23. The Federal Minister for Agriculture, Forestry, Environment and Water Management has a list

1.		the manufacturer of battery or vehicle batteries,
2.		the collection points according to § 3 Z 15, specifying the type of collection point (§ 3 Z 15 lit. a or lit. (b)
3.		the treatment ler of batteries, whereby treated patients according to § 16 of the Environmental Management Act (UMG), BGBl. I n ° 96/2001, as amended by the Federal Law BGBl. I n ° 99/2004, are to be included in the list in particular; and
4.		the self-importers in accordance with § 26
to publish and update on the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

Notifications of batteries placed on the market

§ 24. (1) Manufacturers of portable batteries shall electronically communicate the mass of batteries placed on the market in Austria in the calendar quarter to the latest seven weeks after the end of the quarter to be reported, by means of the register to the The coordinating body shall be notified. The message shall include the masses of portable batteries and the indication of the calendar quarter. If no portable batteries are placed on the market in a calendar quarter, a blank message shall be issued. The first notification shall be made for the third quarter of 2008.

(2) For each calendar quarter, collection and recovery systems shall each have a total of the masses of portable batteries placed on the market by their participants in Austria or imported for their own use, no later than seven weeks after the end of the cycle. of the quarter to be reported electronically, by means of the register, thereby fulfilling the reporting requirements of the manufacturers participating in this collection and recycling system in accordance with paragraph 1.

Reports on the collection and treatment

§ 25. (1) Manufacturers of portable batteries or vehicle batteries shall, by 10 April of each calendar year, separate the masses of waste batteries by means of the register for the previous calendar year of the coordinating body, separately by category of collection and treatment categories to report

1.		have been collected or collected,
2.		have been recycled,
3.		have been evaluated in total,
4.		have been exported to another Member State of the European Union, or
5.		were exported from the European Union.

(2) Each waste collector (in particular municipalities and municipal associations) who takes over spent batteries from a final consumer, except for an own importer, and does not return it to the manufacturer, has the notification for these waste batteries in accordance with (1) shall be reimbursed to the coordinating body through the register.

(3) Any waste treatment treatment which treats waste batteries shall make the data referred to in paragraph 1 (1) (2) and (3) available to the respective reporting obligation pursuant to paragraphs 1 and 2 by means of the register.

(4) For the year 2008, the notifications referred to in paragraphs 1 and 2 shall be based on the waste batteries collected from 26 September 2008 to 31 December 2008.

Section 7

Final provisions

Obligations of the self-importer

§ 26. Self-importers (§ 3 Z 8) are obliged if there is no manufacturer for the return of the equipment or vehicle batteries (own import),

1.		either
a)			collect the waste produced as waste or waste batteries; and
b)			to be treated in accordance with § 5 and
c)			a notification pursuant to section 25 (1) for these equipment or vehicle batteries to be reimbursed
		or
2.		take part in a collection and recovery system with regard to these appliances or vehicle batteries.
The free delivery of these equipment or vehicle batteries in accordance with § 9 para. 1 or § 12 para. 1 is not permitted.

Implementation of Community law

§ 27. This Regulation lays down Directive 2006 /66/EC on batteries and accumulators and waste batteries and accumulators and repealing Directive 91 /157/EEC, OJ L 327, 31.12.1991, p. No. OJ L 266, 26.09.2006 p. 1.

Entry into force and external force

§ 28. (1) This Regulation shall enter into force, unless otherwise determined by paragraph 2, with the date of the customer's presentation.

(2) § § 4 to 21, 23 and 26 shall enter into force on 26 September 2008.

(3) The Regulation on the withdrawal and pollution limitation of batteries and accumulators, BGBl. No 514/1990, as amended by the BGBl Regulation. II No. 495/1999, and § 1 Z 7, § 26 and Annex G, point 1 of the Chemicals Ordinance 1999, BGBl. II No 81/2000, as amended by the BGBl Regulation. II No 62/2007, expire on 25 September 2008.

Pröll

Annex 1

Minimum efficiencies

The following minimum recycling efficiencies must be achieved with the recycling processes:

a)	recycling 65% of the average weight of lead-acid batteries to a maximum of recycling of the lead content, which is technically achievable without excessive costs;
b)	recycling of 75% of the average weight of nickel-cadmium batteries with a maximum level of recycling of the cadmium content, which is technically achievable without excessive costs;
c)	Recycling of 50% of the average weight of other waste batteries.

Annex 2

Identification of batteries, accumulators and battery sets for separate collection

The symbol for the "separate collection" shall consist of all batteries of a crossed-out waste bin on wheels, as shown below:

The symbol shall occupy at least 3% of the largest side surface of the battery, battery or battery pack, but not more than 5 × 5 cm. In the case of cylindrical formats, the symbol shall be at least 1.5% of the surface of the battery or of the accumulator, but not more than 5 × 5 cm.

The chemical symbol indicating the heavy metal contained therein shall be printed below the symbol; the chemical symbol shall occupy an area of at least one quarter of the size of the symbol.

The symbols and symbols must be printed in such a way that they are clearly visible, legible and durable.

Annex 3

Classification of spent batteries and volume thresholds

Collection and treatment category	Quantity threshold in kg for the reporting of a pick-up requirement or for the collection according to § 14
Waste batteries	300 kg
Battery-powered batteries	600 kg
Industrial batteries	-

Annex 4

Rules applicable to the coordinating body in accordance with § 20

1. Mass share of portable batteries

For the purpose of calculating the proportion of the mass, the mass of portable batteries used since the beginning of the calendar year as being placed on the market or imported for their own use and reported by collection and recycling systems shall be used. For the year 2008, the quantities of batteries which have been placed on the market or imported for their own use from the third calendar quarter and are reported for their own use shall be used for the purposes of collecting batteries.

The mass fraction shall be determined separately for each collection and recovery system per calendar quarter and shall be fixed at the latest two weeks after the date of expiry of the notification period in accordance with Article 24 and shall be used for the calculation of the commitment percentage of the next calendar quarter effective.

In the event that a collection and recovery system cedes its operation at the end of a calendar quarter, the masses placed on the market of this system shall no longer be included in the calculation of the mass shares of the preceding quarters of the preceding quarters. the remaining systems of the following quarters to be included.

The fixed mass shares of collection and recovery systems shall be published in each case.

The mass fraction of a system is calculated as follows:

The mass fraction of a system (MA) S ) is the mass of batteries (M) reported by the system (of its participants) (M S ) divided by the total mass of all masses of batteries reported by all systems (M total ) in percentage:

MA S in% = 100 x M S /M total

The mass fraction changes as a result of the reports of the batteries placed on the market or imported for their own use (each quarter).

2. Consideration of collected portable batteries according to § 18 (own collection performance)

The masses collected within the scope of their own collection will only be taken into consideration when a notification has been made in accordance with the provisions of section 18 (3).

The coordinating body shall immediately check the notified notifications in accordance with section 18 (3) for plausibility and recalculate the commitment part of the collection and recovery system in accordance with the notified masses.

3. Selection criteria for the forwarding of a pick-up requirement

The selection criterion for the forwarding of a collection demand to a collection and recovery system is the commitment part, which is calculated from the share of the mass and the share of the collection:

3.1. Pickup Share

The calculation of the collection share shall be carried out on a continuous basis on the basis of the waste batteries collected so far in the calendar year of collection and recovery systems.

In the event that a collection and recovery system cedes its operation at the end of a calendar quarter, the collected masses of this system shall no longer be included in the calculation of the removal shares of the preceding quarters of the preceding quarters. the remaining systems of the following quarters to be included.

The pick-up component of a system is calculated as follows:

The pick-up share (AA) S ) a system is the mass collected from the system (deforested) of portable batteries (A) S ) divided by the total mass of all systems collected (collected) masses of equipment waste batteries (A total ) in percentage:

AA S in% = 100 x A S /A total

The share of the pickup changes as a result of

a)		a transfer of the collection needs on the basis of a voluntary take-over of the collection needs referred to in point 4.a),
b)		the forwarding of the collection requirements referred to in point 4.b),
c)		the taking into account of its own collection performance in accordance with point 2.,
d)		any corrections after weighing and reporting of the mass actually collected,
e)		of invoices and counterstatements on the basis of an annual balance sheet as specified in point 5.

The pick-up share is used for the calculation of the commitment component.

3.2. Mandatory Part

The commitment part shall be the basis for the coordination body to forward a collection requirement to a collection and recovery system.

The commitment percentage is the percentage figure representing the amount of the obligation of a collection and recovery system to collect the equipment used batteries provided in the collection points in accordance with § 3 Z 15. The commitment percentage is 1. October 2008 and subsequently, at the beginning of each calendar year, the respective mass fraction.

After each modification of the collection part, the commitment part shall be recalculated and shall be published electronically to the respective system and shall be published on the website of the coordinating body.

The commitment part of a system is calculated as follows:

The determination of the current commitment part of a system (VA) S ) is based on the mass fraction (MA S ) according to point 1. divided by the continuously determined pick-up share (AA) S ) in accordance with point 3.1.

VA S in% = 100 x MA S /AA S

After a calendar quarter has been exceeded, the respective newly determined mass shares of the collection and recovery systems shall be used in the calculation of the commitment component.

4. Forwarding of a collection requirement to a collection and recovery system

The coordinating body shall have a list of all collection and recycling systems for waste batteries, lined up to the level of the resulting commitments, and shall be updated on an ongoing basis. This list shall be known to the collection and recovery systems.

The transfer of a collection requirement to a collection and recovery system shall be carried out by means of the register as follows:

a)		The forwarding due to a voluntary transfer of the collection requirements according to § 20 paragraph 2 Z 1 lit. (a) shall be subject to the collection and recovery system which has declared itself to be voluntary; provided that a number of schemes have declared themselves to be voluntary, the focal point of these systems shall be that of: , which shall have the highest level of commitment at the end of the period for the declaration of voluntary acceptance of the collection needs.
b)		In the absence of a system of voluntary acceptance of the collection needs, the transfer of the collection needs to the collection and recovery system shall be carried out with the highest number of commitments at the time of the collection and recovery operations. To obtain the collection requirements of a collection point according to § 3 Z 15. In the event that the commitment parts of two or more systems are ident, the system is to be used, which has the higher mass fraction.

The date of arrival of a pick-up requirement and the end of the time limit for the declaration of voluntary take-over are to be determined minutely. The obligation share of the collection and recovery system required for collection must be recalculated prior to the processing of a new pick-up requirement, resulting in a neuroration of the commitment parts.

A change in the commitment component after a pick-up has already been forwarded does not affect the forwarding of any further lines already made.

5. Annual Balance

The purpose of the annual compensation is to compensate for fluctuations between the amounts of quarterly waste and to avoid the resulting possible unequal conditions for the obligations of collecting and recycling systems for battery-powered batteries. The annual compensation shall be carried out by the end of the second quarter of the calendar year following the calculation. The balance of the year shall be determined as follows:

5.1.		Addition of the total spent portable batteries in the calendar year in the collection points according to § 3 Z 15 and to the point 2 of the calendar year. Own collection benefits (SL) total ).
5.2.		Addition of the collection services of the collection and recycling system in the calendar year (SL S ). From 1. January 2010, for the first time in respect of the annual compensation accounts for 2010, the taking into account of collection services shall only take place up to 10% of the mass which the collection and recovery system shall have in the relevant calendar year on the basis of its The obligation to collect mandatory parts.
5.3.		Calculation of the mass fraction of a system for the entire calendar year on the basis of the mass of the system (of which the participant) was placed on the market or imported for own use in the calendar year and reported in accordance with Article 19 (1) (1) (1) (1) Device batteries divided by the total mass of all systems used by all systems as being placed on the market in the calendar year or imported and reported for their own use on portable batteries (MA) S_Year ).
5.4.		A collection and recovery system has fulfilled its collection obligations for a calendar year, if the following condition is met:

SL S = SL total x MA S_Year

5.5.		If a collection and recovery system has exceeded its collection obligation for a calendar year by picking up a larger total mass, this difference in mass shall be deemed to be fictitious at the beginning of the third quarter of the following calendar year. To be deducted from the pick-up share of the system. This mass shall be set off as a collection performance of the collection and recovery system for the annual compensation for the following calendar year.
5.6.		Where a collection and recovery system has been subject to its collection obligation for a calendar year by a reduction of the total mass, this difference in mass shall be from the beginning of the third quarter of the following calendar year to the collection of the system in the determination of the amount of pick-up to the actual performance of pickup in the extent of the mass difference. Collected masses, which are used to compensate for the under-performance of the previous year, shall not be considered once more for the current calendar year.

6. Termination of a system

In the event of the termination of a collection and recovery system on the basis of a final decision, the coordinating body shall have a recalculation of the mass shares on the basis of the reported figures for the calendar quarters following the end of the end of the calendar year. Masses according to point 1. to carry out and publish the remaining collection and recovery systems. Previous calculations of the mass shares for the calendar quarters following termination are thus invalid.