Act On The Placing On The Market, The Redemption And The Environmentally Friendly Disposal Of Batteries And Accumulators

Original Language Title: Gesetz über das Inverkehrbringen, die Rücknahme und die umweltverträgliche Entsorgung von Batterien und Akkumulatoren

Read the untranslated law here: http://www.gesetze-im-internet.de/battg/BJNR158210009.html

Act on the placing on the market, the redemption and the environmentally friendly disposal of batteries and rechargeable batteries (battery law - BattG) BattG Ausfertigung date: 25.06.2009 full quotation: "battery Act of June 25, 2009 (BGBl. I p. 1582), most recently by article 4 of the Act of February 24, 2012 (BGBl. I S. 212) has been changed" stand: last modified by article 4 G v. 24.2.2012 I 212 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.12.2009 +++) the G was decided as article 1 of the G v. June I in 1582 by the German Bundestag, with the consent of the Federal Council. It effect pursuant Article 3 para 1 S 1 of this G on December 1, 2009. The sections 2, par. 15 S 2 and 3, article 3, paragraph 3 and article 22 pursuant Article 3 paragraph 2 on the 1.3.2010 into force. The section 20 pursuant Article 3 para 3 to 7 enter into force.

Table of contents section 1 General provisions § 1 scope article 2 definitions section 2 distribution and return of batteries section 3 traffic bans § 4 obligations of the manufacturer section 5 take-back obligations of the manufacturer section 6 common return system batteries for section 7 Herstellereigene withdrawal systems batteries for section 8 withdrawal of automotive and industrial batteries § 9 obligations the Distributor section 10 mandatory deposit for vehicle batteries § 11 obligations of the end user section 12 governed - and recovery obligations third § 13 participation of public disposal systems § 14 recycling and disposal section 15 success control section 16 collection targets section 3 marking , Note obligations § 17 marking article 18 Note duties section 4 commissioning third parties, authority to issue regulations, enforcement § 19 mandating third article 20 authorization to adopt legal regulations section 21 enforcement section 5 offences, final provisions article 22 penalty provisions article 23 transitional provisions installation section 1 General provisions section 1 scope of application (1) this law applies to all types of batteries, regardless of shape, size, weight, material composition or use. It also applies to batteries, in other products installed or other products are attached. The waste electrical and electronic equipment law of 16 March 2005 (BGBl. I S. 762), most recently by article 3 of the law of July 19, 2007 (BGBl. I S. 1462) is been changed in the current version and the ELV regulation as amended by the notice of June 21, 2002 (BGBl. I p. 2214), most recently by the Decree of April 3, 2009 (BGBl. I S. 738) has been modified , in the amended remain unaffected.
(2) this law shall not apply 2 in weapons, ammunition or military material, except products which procured specifically for military purposes or used, or 3rd in equipment for use in outer space on batteries, used 1 in equipment, which are the Federal Republic of Germany in connection with the protection of the essential interests of the security.
(3) as far as this law and the regulations issued on the basis of this law contain any deviating provisions, the circulatory economic law with the exception of article 17, paragraph 4 and article 54 and are on the basis of the circulatory economic law or of the force until June 1, 2012 recycling and waste management act to apply the adopted legal regulations in the amended. The section apply accordingly § 27, 50 paragraph 3, article 59, paragraph 1, sentence 1 and § 66 of the law of circulation management.

§ 2 of this law, the definitions in paragraphs 2 to 22 apply definitions (1).
(2) "Batteries" are from one or more non-rechargeable primary cells or rechargeable existing secondary cell sources of electrical energy, which is obtained by direct conversion of chemical energy.
(3) "Battery pack" is a group of batteries, which are so connected or assembled in an outdoor housing, that they form a complete, not to detach from the end user or to open unit. Battery packs are batteries in the meaning of this Act.
(4) "Vehicle batteries" are batteries which are intended for the starter, lighting or ignition of vehicles. Vehicles within the meaning of sentence 1 are vehicles, which are moved by machine power, without to be tied to railway tracks.
(5) "Industrial batteries" are batteries which are intended exclusively for industrial, commercial, or agricultural purposes, for electric vehicles of any kind or excavation of hybrid electric vehicles. Vehicle batteries are no industrial batteries. Batteries that are not vehicle -, industry -, or portable batteries, the provisions of this Act on industrial batteries are to apply.
(6) "Portable batteries" are batteries that are encapsulated and can be held in the hand. Automotive and industrial batteries are not portable.
(7) are small, round portable batteries, the diameter of which is greater than their height "Button cells".
(8) "Cordless power tools" are hand-held, battery-powered, electrical and electronic equipment in the scope of application of the waste electrical and electronic equipment Act, intended for maintenance, construction, gardening or Assembly work.
(9) "Batteries" are batteries that are waste within the meaning of § 3 paragraph 1 sentence 1 of the circulatory economic law.
(10) "Treatment" is any activity which is performed after the transfer to a facility for sorting, preparation of recovery or preparation for disposal of waste.
(11) 'Recycling' means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery.
(12) 'Disposal' is the waste disposal within the meaning of § 3 paragraph 26 of the law of circulation management.
(13) "End user" is one who uses batteries or products with built-in batteries and in the form delivered to him are no longer sold.
(14) 'Distributor' is who offers industrial batteries for the end user. Supply of batteries within the meaning of sentence 1 is the present focused on the conclusion of a purchase contract or public access to batteries. This includes also the invitation to submit a tender.
(15) 'Manufacturer' is anyone who commercially for the first time brings batteries within the territorial scope of this Act regardless of distribution method, into circulation. Distributors and middlemen that intentionally or negligently offer batteries by manufacturers, not or not properly have been at number 1 according to § 4 paragraph 1 sentence 1 in conjunction with a legal regulation according to article 20, shall apply as manufacturer within the meaning of this Act. Sentence 1 and paragraph 14 shall remain unaffected.
(16) 'placing on the market' is the fee-paying or free of charge to third parties with the aim of distribution, consumption or use. The commercial importation within the territorial scope of this Act is regarded as placing on the market. This does not apply to batteries, which have again proven to run from the scope of this Act. The levy under the brand or to the specific requirements of a customer's manufactured and destined for resale and distribution batteries to the principal does not apply as the placing on the market within the meaning of sentence 1 (17) "commercial old battery disposal" are for dealing with waste batteries certified disposal sites within the meaning of article 56 of the law of circulation management, whose business includes the separate collection, treatment, recovery or disposal of waste batteries.
(18) "Experts", who is 1 under section 36 of the Gewerbeordnung publicly ordered, 2. as environmental verifier or environmental expert organization on the basis of an authorisation according the articles 9 and 10, or in accordance with the § 18 of the Umweltauditgesetzes as amended by the notice of 4 September 2002 (BGBl. I S. 3490), most recently by article 11 of the Act of March 17, 2008 (BGBl. I p. 399) has been modified , may be amended, in the area operate, the closer determines section E is annex I section 38 of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE revision 2 and amending Council Regulation (EEC) No 3037/90 of the Council, as well as some regulations of the EC on specific areas of statistics (OJ L 393 of 30.12.2006, p. 1), most recently by Regulation (EC) No 295 / 2008 (OJ L 97 of the 9.4.2008, p. 13) has been modified, is established in its current version, or 3rd in another Member State of the European Union or in another Contracting State to the agreement on the European economic area and an activity in the country only temporarily and occasionally wants to exert and his qualifications before taking up the activity in accordance with the articles 13a and 13B of the Gewerbeordnung has let check; Procedures referred to in this point can be handled via a single point.
(19) "Collection rate" is the percentage that the mass of the batteries, which are included in the territorial scope of this Act in a calendar year, constitutes in relation to the mass of the batteries, which have been put in the average of the concerned and the two previous calendar years within the scope of this law for the first time in the traffic and stand there for a separate collection available.
(20) "Recycling rate" is the percentage that constitutes the mass of the batteries listed in a calendar year of a proper recycling in relation to the mass of the batteries in this calendar year. Old batteries running from the scope of this Act with the aim of exploitation are only to the extent, as is been complied with the requirements of article 14, paragraph 3.
(21) "Chemical system" is the composition of the substances relevant to the energy stored in a battery.
(22) "Type group" is the summary of comparable sizes of batteries with the same chemical system.
Section 2 sales and traffic restrictions (1) prohibited the placing on the market of batteries, which is more than 0.0005% mercury, return of batteries section 3. Button cells and battery packs composed of button cells with a mercury content of no more than 2% by weight are excluded from the ban.
(2) the placing on the market of portable batteries containing more than 0.002% by weight cadmium, is prohibited. Portable batteries are designed for emergency or alarm systems, including emergency lighting, medical equipment or cordless power tools are excluded from the ban. Sentence 1 shall not apply to batteries, according to annex II of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles (OJ L 269 of the 21.10.2000, p. 34), the last by Directive 2008/33/EC (OJ L 81 of the 20.3.2008, p. 62) is changed, in the currently valid version of the cadmium ban of laid down in article 4 paragraph 2 of Directive 2000/53/EC except are letter.
(3) manufacturers may install batteries in the territorial scope of this Act only in the traffic, if they previously number 1 have shown this according to § 4 paragraph 1 sentence 1 in conjunction with a legal regulation according to § 20 and to ensure compliance with withdrawal requirements each incumbent upon them under section 5 in connection with article 6, paragraph 1, sentence 1 or paragraph 5, article 7, paragraph 1 or article 8, paragraph 1 , that old batteries can be returned in accordance with this Act.
(4) Distributor may only offer batteries in the territorial scope of this Act for the end user, if they ensure through take-back obligations under article 9, paragraph 1, sentence 1, that the old batteries end user can return in accordance with this Act; the supply of batteries, whose Hersteller not or not properly have been contrary to article 4, paragraph 1, sentence 1, is prohibited.
(5) batteries, which are contrary to paragraphs 1 and 2 in the territorial scope of this Act on the market, are to take back from the market by the manufacturer.

Article 4 obligations of the manufacturer (1) is any manufacturer is obliged, before he brings batteries in the territorial scope of this Act on the market, this compared to the Federal Environmental Agency stating the Ordinance according to § 20 number 1 set data display. Changes the data displayed pursuant to sentence 1, as well as the permanent task of placing are immediately to inform the Federal Environmental Agency. The ads electronically via the Internet page of the German Federal Environment Agency pursuant to sentences 1 and 2. The Federal Environmental Agency confirmed the access of the transmitted data.
(2) the Federal Environmental Agency can for the ads referred to in paragraph 1 sentences 1 and 2, as well as for other communication with the manufacturers of the electronic form, a specific encryption, as well as the opening of access for the delivery of electronic documents require. The requirements are to publish on the Internet page of the German Federal Environment Agency pursuant to sentence 1.
(3) the Federal Environment Agency published the information provided for in paragraph 1, insofar as these number 1 for publication are determined on the basis of the Decree according to § 20, on its Internet site. The publication is for vehicle manufacturers, to be broken down equipment and industrial batteries and must contain the information pursuant to sentence 1 and the date of display for each manufacturer. The date of the market exit is in addition to specify for manufacturers who are withdrawn from the market. The data referred to in paragraph 1 is to delete three years after the exit of the displayed market of the manufacturer.

§ Committed 5 take-back obligations of owners (1) which are manufacturers of public waste carriers pursuant to section 13, paragraph 1 free of charge to take back the waste collected by the distributors according to section 9, paragraph 1, sentence 1, and the collected batteries and recycle according to § 14. Non-recyclable waste batteries are to eliminate according to § 14.
(2) paragraph 1 also applies to batteries, incurred for the treatment of WEEE according to the regulations of the electrical and electronic equipment Act and in the treatment of old vehicles, according to the requirements of the ELV regulation.

Sure that they set up a joint, not-for-profit and operating nationwide return system batteries for (common return system) and get this participate in the fulfilment of their obligations under article 5 this § 6 common return system batteries for (1) the manufacturer of portable batteries to. Each participating manufacturer is obliged to provide the information necessary to the fulfilment of the reporting obligations pursuant to § 15 paragraph 1 upon request to the common return system. Manufacturers who come out of the common return system, have to show this to the authority referred to in article 7 paragraph 1 without delay.
(2) the Federal Ministry for environment, nature conservation and nuclear safety is in agreement with the Federal Ministry of Economics and technology binding tight, whether the common return system is set up pursuant to paragraph 1, in conjunction with paragraph 3. The finding pursuant to sentence 1 is publicly to announce the manufacturers set 1 through publication in the Federal Gazette referred to in paragraph 1. The common return system is doing concretely and clearly.
(3) the common collection system must be accessible to 1 for all manufacturers of portable batteries to the same conditions, according to article 12, paragraph 1 and 2 royalty-free collection of batteries offer 2. all distributors of portable batteries, all public disposal vehicles and all treatment facilities, the widespread withdrawal of batteries for all distributors of portable batteries, all public disposal vehicles and all treatment centres ensure 3. According to article 12, paragraph 1 and 2 , (connected collection points) of the offer pursuant to paragraph 2 have made use, free of charge pick 4 the batteries provided by the connected withdrawal points, regardless of the type, brand or origin and lead to a recovery according to § 14, 5 containers free of charge appropriate connected take-back points 6 disposal services such as the collection, transport, sorting and recycling of batteries and the Elimination of not recyclable batteries in a procedure to deploy, , this ensures an award in the competition, advertise for maximum five years, 7 its funding as a result make sure that after taking back, recycling and disposal are remaining costs including VAT and necessary overhead compared to their share of the respective annual sales, measured against the size of the battery and divided according to chemical systems and groups of types of, divided on the individual manufacturer, and conscripted by the various producers related posts , 8 each year the cost of collection, sorting, recycling and disposal of collected batteries including overhead costs, broken down according to chemical systems and groups of types of, compared with the Federal Environmental Agency disclose, 9 the secrecy of him present data as far as make sure when it's directly attributable to individual manufacturers or manufacturer-specific information.
(4) the common return system can be manufacturers of portable batteries, which belong to the common collection system or according to § 7 running a proprietary collection system, the costs for the collection, sorting and recovery or disposal of batteries charged, which have been brought into circulation and covered by the common return system from these manufacturers. The claim includes also the proportionate overheads of the common return system.
(5) the common collection system is not established, any manufacturer of portable batteries is obliged to ensure the fulfilment of its obligations under section 5 by setting up a manufacturer's own recycling facility within the meaning of article 7.

§ 7 Herstellereigene withdrawal systems batteries for (1) article 6, paragraph 1, sentence 1 shall not apply where a manufacturer has established its own competent at the registered office of the manufacturer for waste management of the withdrawal system, by this particular authority approved Supreme National Authority or one of batteries for (proprietary collection system) and operates. The approval pursuant to sentence 1 is to grant on request in accordance with paragraphs 2 and 3. The authority has not decided within a period of three months, approval is considered with the condition referred to in paragraph granted 2 sentence 1. The period pursuant to sentence 3 begins with receipt of the complete documentation to the competent authority.
(2) a proprietary collection system may be approved only with the condition to achieve the collection targets to the each set deadlines prescribed in section 16. In addition, paragraph 6(3) applies number 2 to 5. The existence of the necessary conditions for the expected objectives pursuant to sentence 1 and compliance with set 2 by its own collection and redemption is to make credible within the framework of the approval procedure by an independent expert opinion. Approval of a manufacturer's own take-back system can be fitted subsequently with the conditions that are required to ensure compliance with the recovery requirements according to § 14 and the specifications from sentence 2 permanently.
(3) for the establishment and operation of a recycling facility referred to in paragraph 1, several manufacturers can work together. So the approval several manufacturers when setting up and operating their redemption system work together by mandating a common third party may be granted the third with effect for the cooperating producers referred to in paragraph 1; Seat of the manufacturer within the meaning of paragraph 1, in this case, is the seat of the appointed third party. Section 6, paragraph 3 is to apply to the jointly appointed third party according to number 9.
(4) manufacturers of portable batteries, operating an approved manufacturers own take-back system, may add other manufacturers of portable batteries, which belong to the common collection system or running a proprietary collection system, the costs for the collection, sorting and recovery or disposal of batteries charged, which have been brought and disposed of properly by the manufacturer take-back system of these manufacturers on the market. The claim includes also the proportionate overheads of the manufacturer's own take-back system.

§ 8 withdrawal of automotive and industrial batteries (1) that manufacturers of automotive and industrial batteries provide the fulfilment of their obligations under section 5 as a result, make sure that they offer 1 the distributors for which of these to article 9, paragraph 1, sentence 1, repossessed car and industrial batteries and 2. a treatment facilities under article 12, paragraph 1 and 2 for there falling automotive and industrial batteries-reasonable and free way of return and recycle the collected batteries according to § 14. There is no obligation of the Distributor or the treatment facilities for the provision of these old batteries to the manufacturer.
(2) for industrial batteries the concerned manufacturers, distributors, can make treatment facilities after agreements deviating from paragraph 1 article 12 paragraph 1 and 2 and end users.
(3) automotive and industrial batteries by distributors, treatment facilities under article 12, paragraph 1 and 2, public waste disposal authority or commercial old battery disposal will be recovered according to § 14, the obligation of the manufacturer from § 5 met shall apply.

§ 9 obligations of the Distributor (1) every Distributor is required by the end user of batteries at or in the immediate vicinity of the point of sale free of charge to take back. The limited set 1 rollback after on old batteries of the kind, leads or has led, as well as the amount of those end users usually get rid of distributor as new batteries in its range. Sentence 1 shall not apply to products with built-in batteries; the waste electrical and electronic equipment Act and the ELV Regulation shall remain unaffected. Mail order, point of sale within the meaning of sentence 1 is the shipping warehouse.
(2) the Distributor referred to in paragraph 1 are obliged to provide the common return system to pick up returned batteries. Notwithstanding sentence 1 the Distributor for a period of at least one calendar year can on picking up the collected batteries through the common return system binding abandon and leave the batteries instead of one or several manufacturers own take-back systems. The waiver is in writing to show the common return system at least three months before the beginning of the period.
(3) as far as a distributor of the manufacturer offer according to § 8 paragraph 1 does not exercise and recycled vehicle or industrial waste or leaves third parties for recovery, he has to make sure to meet the requirements of section 14. The requirements of section 14 for the benefit of the distributor shall be considered fulfilled for automotive and industrial batteries, which the Distributor leaves a commercial old battery disposal company or a public disposal systems with the aim of collecting.
(4) the costs for the collection, sorting, recycling and disposal of batteries may be not separately in sale of new portable batteries to the end user.

§ 10 mandatory deposit for vehicle batteries (1) distributors, which give off car batteries to end users are required to raise a deposit of 7,50 Euro including VAT, if the end user at the time of purchase of a new vehicle battery returns any old battery per vehicle battery. The pledge is to refund when returning an old battery. The Distributor can pledge collection give a mortgage brand and make subject to deposit refund by returning the mortgage brand.
(2) be in vehicles from built-in vehicle batteries to end users - or passed on, so deleted the mandatory deposit.

§ 11 obligations of the end user (1) owners of old batteries have to feed them a collection separate from the unsorted municipal waste. Sentence 1 does not apply to batteries, which are incorporated into other products; the waste electrical and electronic equipment Act and the ELV Regulation shall remain unaffected.
(2) batteries collected exclusively from collection points, connected with the common return system or a manufacturer's own take-back system. End users, the commercial or other economic enterprises or public bodies, can for the incurred by them batteries with the common return system or a manufacturer's own take-back system of sentence 1 agreements about the nature and the place of return.
(3) automotive batteries collected exclusively through the Distributor, the public disposal systems and the treatment facilities pursuant to article 12 paragraph 2. By way of derogation from sentence 1 can end users, the commercial or other economic enterprises or public bodies, immediately left the them incurred automotive batteries to the manufacturers or commercial old battery disposal companies.
(4) industrial batteries collected exclusively through the Distributor, the treatment facilities pursuant to article 12, paragraph 2, and of commercial old battery disposal, insofar as no deviating agreements have been taken pursuant to article 8, paragraph 2; Compliance with the requirements of section 14 shall be ensured.

§ 12 governed - and recovery obligations of third parties (1) the operator of treatment facilities for waste electrical and electronic equipment Act are obliged to provide any batteries the common return system to pick up in the treatment.
(2) the operator of treatment facilities for end of life vehicles under the ELV regulation are obliged to provide any batteries the common return system to pick up in the treatment.
(3) by way of derogation from paragraphs 1 and 2 an operator for a period of at least one calendar year picking up the accumulated batteries through the common return system binding abandon and leave the batteries instead of one or several manufacturers own take-back systems. The waiver is in writing to show the common return system at least three months before the beginning of the period.
(4) for the generated during the treatment according to paragraphs 1 and 2 automotive and industrial batteries is to apply article 9 paragraph 3 according to.

§ 13 the collected batteries are composed of public disposal systems (1) as far as public waste disposal authority participating in the collection of batteries, to provide the common return system to pick up. Notwithstanding sentence 1 public waste disposal authority for a period of at least one calendar year can on picking up the collected batteries through the common return system binding give and leave the batteries instead of one or several manufacturers own take-back systems. The waiver is in writing to show the common return system at least three months before the beginning of the period.
(2) as far as public waste disposal authority participating in the collection of automotive batteries, they are obliged to make use of the covered vehicle batteries in accordance with § 14.

§ 14 recycling and disposal
(1) all collected and identifiable batteries are, as far as technically possible and economically reasonable, according to the State of the art to handle and to use recycled. This Ordinance are according to § 20 note number 2 laid down minimum requirements. Identifiable waste batteries, their treatment and recovery not possible technically or economically not reasonable is to non-identifiable waste batteries as well as residues of previously treated and recycled batteries properly to eliminate welfare-friendly after the State of the art.
(2) the disposal of automotive and industrial batteries by incineration or landfilling is prohibited. This does not apply to residues of previously properly treated and recycled batteries.
(3) treatment and recycling targets referred to in paragraph 1 may be made outside the scope of this Act, if the shipment of waste batteries the requirements of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190 of the 12.7.2006, p.1, L 318 by November 28, 2008, p. 15), most recently by Regulation (EC) no 669 / 2008 (OJ L 188 of the 16.7.2008, p. 7) is been changed in the current version, as well as according to § 20 number 3 meets the requirements of the Ordinance.
(4) batteries, which according to the Regulation (EC) No 1013/2006 and Regulation (EC) no 1418/2007 of 29 November 2007 concerning the export of certain in annex III or IIIA of to Regulation (EC) No 1013/2006 of the European Parliament and of the Council listed waste destined for recovery, in particular countries to which the OECD decision on the control of transboundary movements of wastes does not apply (OJ L 316 of December 4, 2007, p. 6) by Regulation (EC) No 740 / 2008 (OJ L 201 of 30.7.2008, p. 36) has been changed, run in the currently valid version of the European Community, to consider, if there is sound evidence that the exploitation under conditions which comply with the requirements of this Act and the regulations adopted pursuant to this Act is done only for compliance with the obligations referred to in paragraph 1.

§ 15 success control (1) which sets common return system the Federal Environmental Agency by 30 April of each year a documentary on before, the information gives the mass of batteries marketed by its members in the territorial scope of this Act on the market in the previous year and remaining within the territorial scope of this Act on 1, disaggregated mass of batteries collected by him during the previous year by chemical systems and groups of types of, 2. , disaggregated by chemical systems and groups of types of, 3. the mass by him during the previous year subdivided recycled batteries, according to chemical systems and groups of types of, where running and separately recycled batteries outside the scope of this Act are, 4 reached accordance of § 2 paragraph 19 in the own system collection rate for portable batteries, 5. reached in accordance with article 2 paragraph 20 in the own system recovery rate for batteries , 6. the qualitative and quantitative recovery and removal results as well as 7 which for the collection, sorting, each total paid to recycling and disposal rates, disaggregated by chemical systems and groups of types of.
The documentation shall be provided at the request of the Federal Environment Agency in an audited by an independent valuer and approved version. The common return system released the documentation to be submitted pursuant to sentence 1 with the exception of the information pursuant to sentence 1 number 7 within one month after submission to the Federal Environmental Agency on its Internet site.
(2) to manufacturers own take-back systems, paragraph applies 1 sentence 1 number 1 to 6, sentence 2 and 3 according to; Paragraph 1 sentence 1 has the provision to apply, that the documentation of also the authority which has granted the authorization pursuant to § 7 paragraph 1 to submit is.
(3) for the distributor of automotive and industrial batteries paragraph 1 is 1 number 2, 3, 5 and 6 apply set 2 and 3 with the proviso, that the collection, take-back and recycling of automotive and industrial batteries to report is set. Manufacturer of automotive and industrial batteries can present a common documentation for multiple distributors.
(4) the Federal Environmental Agency may publish in the Federal Gazette referred to in paragraph 1 and 2 recommendations for the format and structure of the documentation.

Section 16 collection targets must the common return system and the manufacturers own take-back systems in its own system for batteries following collection rates reach and permanently ensure: 1. at the latest for the calendar year 2012 a collection rate of at least 35 percent, 2. at the latest in the calendar year 2014 a collection rate of at least 40 percent and 3rd at the latest for the calendar year 2016 a collection rate of at least 45 percent.
Section 3 marking, note obligations Article 17 labelling (1) the manufacturer is obligated batteries before the first placing on the market in accordance with the instructions after installation to mark paragraphs 4 and 5 with the symbol.
(2) the symbol referred to in paragraph 1 must at least 3 percent of the largest surface area of the battery or the Vertriebsgebindes, but no more than occupy a surface of 5 cm in length and 5 cm wide,. Cylindrical form of the object characteristic of the symbol must cover but no more than a surface of 5 cm in length and 5 cm wide, at least 1.5 percent of the surface of the object, referred to in paragraph 1.
(3) the manufacturer is committed to batteries, more than 0.0005% by mass of mercury, more than 0,002% by mass cadmium or more than 0,004% by mass contain lead prior to the first placing on the market in accordance with the requirements pursuant to sentences 2 and 3, as well as under paragraphs 4 and 5 with the chemical character of metals (Hg, CD, Pb) to identify, where the limit is exceeded. The characters are pursuant to sentence 1 to raise under the symbol referred to in paragraph 1. Each character must occupy at least an area of a quarter of the surface of the symbol referred to in paragraph 1.
(4) the symbol referred to in paragraph 1 or the character occupies pursuant to paragraph 3 an of less than half a centimeter in length and a half centimeters wide, can be omitted on the appropriate identification. Instead, symbol and character in a size of at least one centimetre long and one centimeter wide are to muster on the packaging. Sentences 1 and 2 shall apply mutatis mutandis if an identification of the battery is technically not possible.
(5) symbol and character must be applied visibly, legibly and indelibly.
(6) the manufacturer is obliged to provide automotive and portable batteries with a visible, legible and indelible capacity prior to the first placing on the market. In determining the capacity and the design of capacity they can be by regulation according to § 20 note number 4 set specifications.
(7) additional voluntary markings are allowed provided they are not contrary to a marking according to paragraphs 1, 3 or 6.

§ 18 Note obligations (1) distributors have their customers by well visible and readable, placed in the immediate field of vision of the main customer current script or picture boards pointed out, 1 that batteries free of charge can be returned after use at the point of sale, 2 that the end user to return old batteries is required by law and 3 which the icon according to article 17, paragraph 1, and the characters have importance according to § 17 paragraph 3.
Who gives batteries in the shipping trade to the end user has to give the notes pursuant to sentence 1 in the representation of media used by him or to enclose them in writing to merchandise.
(2) that are manufacturers required to end users over which in paragraph 1 set 1 number 1 to 3 referred to provisions on the possible effects of substances contained in batteries on the environment and human health, as well as the importance of separate collection and recovery of waste batteries for environmental and health to inform.
(3) as far as the common return system information campaigns referred to in paragraph 2 perform, also manufacturers of portable batteries, which do not belong to the common return system are obliged to participate in the cost of the campaigns in a proportion commensurate with their respective market share of portable batteries newly marketed. The obligation under paragraph 2 applies insofar as fulfilled.
(4) manufacturers who do not belong to the common collection system used pursuant to paragraph 3 to the funding of information campaigns of the common return system, these information campaigns are competition-neutral fashion.
Section 4 commissioning third parties, authority to issue regulations, enforcement § 19 commissioning third parties which committed to this law third mandate with the performance of their duties; Section 22 clause 2 and 3 of the circulatory economic law shall apply mutatis mutandis. Representative third-party can be also the common return system.

Article 20 authorization to adopt legal regulations the Federal Ministry for environment, nature conservation and nuclear safety is authorized by legal Ordinance which shall not require the consent of the Federal Council, 1.
Data required for a display according to § 4, paragraph 1, sentence 1 of the identity and unique identifying characteristics of the display to set data contact data of the display, as well as data about the responsibility of the product through the display and to the disclosure pursuant to § 4 paragraph 3 sentence 1 specific to set minimum standards for the treatment and recycling of waste batteries, quotas for requirements for its calculation and the recycling efficiency to reach 2. , 3. rules for the implementation of the implementing rules referred to in article 15 (3) of Directive 2006/66/EC to adopt, 4. the requirements for the determination of the capacity of vehicle and appliance batteries, as well as for the design of the capacity to set and 5 of § 17 paragraph 1 to 6 to allow exceptions.

Law enforcement (1) that federal environmental agency can compared to the common collection system the arrangements meet section 21, which are required to ensure compliance with the requirements of paragraph 6(3) and the recovery requirements of § 14 permanently.
(2) for the enforcement of this Act are the sections 47 and 62 of the circulation Management Act apply mutatis mutandis. The fundamental right of inviolability of the home (article 13 paragraph 1 of the Basic Law) is limited in this respect.
Section 5 offences, final provisions article 22 penalty provisions (1) any person is, who intentionally or negligently 1 contrary to section 3, paragraph 1, sentence 1 or 2 set 1 batteries on the market brings, batteries on the market brings 2. contrary to article 3, paragraph 3, 3. contrary to article 3, paragraph 4 batteries provides, 4. contrary to § 4 paragraph 1 sentence 1 in conjunction with a legal regulation according to § 20 number 1 a screen does not , incorrectly, incompletely or not timely 5. contrary to § 4 paragraph 1 sentence 2 in connection with a legal regulation according to § 20 refunded, number 1 a message not, incorrectly, incompletely or not timely makes 6 contrary to § 5 paragraph 1 sentence 1 in conjunction with article 14, paragraph 1, sentence 1 or sentence 2 in connection with a legal regulation according to § 20, number 2 , also in connection with article 5 paragraph 2, there called batteries not, not properly or not fully exploited, 7 contrary to § 5 paragraph 1 sentence 2 in conjunction with § 14 paragraph 1 sentence 3, also in connection with article 5 paragraph 2, there called batteries not, not properly or completely eliminated, 8 contrary to section 6, paragraph 1, sentence 2 information not , incorrectly, incompletely or not timely provides 9 contrary to section 6, paragraph 1, sentence 3 not, incorrectly, incompletely or not timely filed a charges, 10 contrary to article 9, paragraph 2, sentence 1 or article 12, paragraph 1 or paragraph 2 provides batteries the common return system not to pick up, separately has the stated cost 11 contrary to section 9, paragraph 4, 12 contrary to article 10, paragraph 1, sentence 1 or set 2 not collects a deposit or nonrefundable , 13 contrary to article 14, paragraph 2, sentence 1 vehicle or industrial waste by incineration or landfilling eliminated 14 contrary to article 15, paragraph 1, sentence 1 number 1 to 6, each also in combination with paragraph 2 or paragraph 3 sentence 1 or sentence 3 or contrary to article 15, paragraph 1, sentence 1 a documentary not, incorrectly, incompletely or not in time sets before number 7 , 15 contrary to article 17, paragraph 1, sentence 1 or paragraph 3 sentence 1 does not, not properly or in time features a battery, 16 contrary to § 17 paragraph 6 in connection with a legal regulation according to § 22 a vehicle or battery not provides number 4 incorrectly, incompletely or not in time with a capacity or 17 contrary to § 18 paragraph 1 set 1 or set 2 any note not , incorrectly, incompletely or not is in the prescribed manner, or not annex a shipment.
(2) the offence can number 1 to 7, 10, 13 and 14 with a fine in the cases of paragraph 1 up to hundred thousand euros, in other cases a fine punishable up to ten thousand euros.
(3) managing authority within the meaning of article 36, paragraph 1 No. 1 of the code of administrative offences is in the cases of paragraph 1 number 2 to 5, 8 and 14 the Federal Environmental Agency.
(4) in the cases of paragraph 3 also the fines in the court proceedings and the amounts of money, their Verfall judicially ordered, credited to the federal Treasury, also the costs imposed on the State Treasury.

Article 23 transitional provisions (1) section 2, paragraph 15, sentence 2, article 3, paragraph 1 and 2 and article 17, paragraph 1, 3 and 6 sentence 1 shall not apply to batteries that already for the first time are been marketed before 1 December 2009 in a Member State of the European Union.
(2) in the case of the deposit refund according to section 10, paragraph 1, sentence 2 is for deposit amounts collected prior to January 1, 2002, the conversion rates of referred to in article 1 of Regulation (EC) no 2866/98 of 31 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro (OJ L 359 of 31.12.1998, p. 1), most recently by Regulation (EC) no 694 / 2008 (OJ L 195 of the 24.7.2008, p. 3) is has been changed to amended to reason.
(3) determine of the collection rate to article 15, paragraph 1, sentence 1 number 4, paragraphs 2 and 3 applies Article 2 paragraph 19 for the calendar year 2009 with the proviso that the mass of the batteries withdrawn this calendar year to the mass of the batteries in the ratio expressed in this calendar year is for the first time on the market.
(4) (3) subject to the proviso that the mass of the waste batteries to the extent redeemed during the calendar year 2010 is to put in the average of the years 2009 and 2010 for the first time in traffic put batteries in the ratio applies for the 2010 calendar year.
(5) paragraphs 3 and 4 are independent of the respective calendar year to apply for the first two years of the activity of a manufacturer take-back system according to.

Appendix to article 17 (reference: Federal Law Gazette I 2009, 1590)