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

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The Law on the placing on the market, the withdrawal and the environmentally sound disposal of batteries and accumulators (battery law-BattG)

Non-official table of contents

BattG

Date of delivery: 25.06.2009

Full quote:

" Battery Act of 25. June 2009 (BGBl. 1582), the last of which is Article 4 of the Law of 24. February 2012 (BGBl. 212) has been amended "

:Last modified by Art. 4 G v. 24.2.2012 I 212

For details, see the Notes

Footnote

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was referred to as Article 1 of the G v. 25.6.2009 I 1582 approved by the Bundestag with the consent of the Bundesrat. It occurs gem. Art. 3 (1) (1) of this G entered into force on 1 December 2009. § § 2 para. 15 S 2 and 3, § 3 (3) and § 22 shall act in accordance with the provisions of the German law. Article 3 (2) was in force on 1.3.2010. § 20 shall meet in accordance with Article 3 (3) of 1.7.2009 in force. unofficial table of contents

content overview

section 1General rules
§ 1Scope
§ 2
2Sales and
Revocation of batteries
§ 3Traffic bans
§ 4Manufacturers ' Display obligations
§ 5Readmission requirements of the Manufacturer
§ 6Common take-back system for device waste batteries
§ 7 Manufacturer's own collection systems for waste batteries
§ 8Revocation of vehicle and vehicle batteries Industrial waste batteries
§ 9Obligations of distributors
§ 10 Pfandpflicht für Fahrzeugbatterien
§ 11End User Obligations
§ 12 Third party extradition and obligations obligations
§ 13Participation of public service Disposal carrier
§ 14Recovery and disposal
§ 15 Success Control
§ 16Collection
3 Labeling,
Hinge= table width="100% "style=" border: none; ">§ 17Labeling§ 18 Hind-duty4Parting of Third Parties,
Ordinance Authorisation,
§ 19 assignment of third parties
§ 20authorizing the decree of legal orders
§ 21
5Administrative Offences,
Final Provisions
§ 22 Penal rules
§ 23Transitional rules

Section 1
General Rules

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§ 1 Scope

(1) This law applies to all types of batteries, regardless of shape, size, mass, material composition or use. It shall also apply to batteries incorporated into other products or to other products. The Electrical and Electronic Equipment Act (EEE) of 16. March 2005 (BGBl. 762), as last amended by Article 3 of the Law of 19. July 2007 (BGBl. 1462), as amended, and the end-of-life vehicle regulation as amended by the announcement of 21 June 2009. June 2002 (BGBl. 2214), as last amended by the Regulation of 3. April 2009 (BGBl. 738), it shall remain in force in the current version.(2) This law shall not apply to batteries used
1.
in equipment which is intended to protect the essential security interests of the Federal Republic of Germany,
2.
in weapons, ammunition or materiel, other than products not specifically procured for military purposes. , or
3.
in equipment for use in space.
(3) Insofar as this law and the provisions adopted pursuant to this Act are Legal regulations do not contain any deviating regulations, are the Circulatory Economic Law with the exception of § 17 (4) and § 54 and those pursuant to the Circular Economic Law or the up to the 1. The current version of the Law on Circular Economic and Waste Law (Circular Economic and Waste Act) is to be applied in the current version of the legislation. § § 27, 50 (3), § 59 (1) sentence 1 and § 66 of the Circular Economic Law shall apply accordingly. Non-official table of contents

§ 2 Definitions

(1) This law applies to the definitions laid down in paragraphs 2 to 22.(2) "Batteries" shall consist of one or more non-rechargeable primary cells or sources of electrical energy, consisting of rechargeable secondary cells, obtained by direct conversion of chemical energy.(3) 'battery pack' means a group of batteries which are connected to each other or assembled in an outer casing so as to form a complete unit which is not to be separated or opened by the end user. Battery packs are batteries within the meaning of this law.(4) "Vehicle batteries" means batteries intended for the starter, the lighting or the ignition of vehicles. Vehicles within the meaning of the first sentence are land vehicles which are moved by the power of the machine without being tied to the railway tracks.(5) 'Industrial batteries' means batteries intended solely for industrial, commercial or agricultural purposes, for electric vehicles of any kind or for propulsion of hybrid vehicles. Vehicle batteries are not an industrial battery. In the case of batteries that are not vehicle, industrial or portable batteries, the provisions of this Act on industrial batteries shall apply.(6) "portable batteries" means batteries which are encapsulated and which can be held in their hands. Vehicle and industrial batteries are not portable batteries.(7) "button cells" are small, round portable batteries, the diameter of which is greater than their height.(8) "cordless power tools" are hand-held electrical and electronic equipment operated with a battery within the scope of the Electrical and Electronic Equipment Act, which are intended for maintenance, construction, garden or assembly work.(9) "waste batteries" means batteries which are waste within the meaning of Article 3 (1), first sentence, of the Circular Economic Law.(10) 'treatment' means any activity carried out on waste following the transfer to a facility for sorting, preparation for recovery or preparation for disposal.(11) 'Material recovery' means the reprocessing of waste materials in a production process for their original purpose or for other purposes, but excluding energy recovery.(12) "disposal" shall be the disposal of waste within the meaning of Section 3 (26) of the German Circular Economy Act.(13) "End user" means the person who uses batteries or products with installed batteries and no longer divans in the form supplied to him.(14) "distributor" means who offers batteries commercially available to the end user. The provision of batteries within the meaning of the first sentence shall be the presentation or making available of batteries to the public at the conclusion of a sales contract, including the invitation to submit an offer.(15) "Manufacturer" means any person who, irrespective of the method of distribution, will place commercial batteries on the market for the first time within the scope of this Act. Distributors and intermediaries who intentionally or negligently offer batteries from manufacturers who have not or did not properly appear in accordance with § 4 (1) sentence 1 in conjunction with a legal regulation in accordance with Section 20 (1) shall be deemed to be Manufacturer within the meaning of this Act. Sentence 1 and paragraph 14 shall remain unaffected.(16) 'placing on the market' means the distribution, consumption or use of third parties, whether in return for payment or free of charge. The commercial importation into the scope of this Act shall be considered as placing on the market. This does not apply to batteries which have been shown to be re-exported from the scope of this Act. The placing on the contracting authority of batteries produced under the trade mark or in accordance with the specific requirements of an adjudicating entity shall not be deemed to be placing on the market within the meaning of the first sentence.(17) "Industrial waste battery disposal" means waste disposal companies certified for the handling of waste batteries within the meaning of section 56 of the Circular Economic Law, whose business operation is the separate collection, treatment, recovery or disposal of waste batteries.(18) "Experts" is who
1.
ordered in public pursuant to § 36 of the Industrial Code ,
2.
as an environmental verifier or environmental verifier organisation based on an authorisation in accordance with § § 9 and 10 or in accordance with § 18 of the Environmental Law in the Environmental Law Version of the notice of 4. September 2002 (BGBl. 3490), as last amended by Article 11 of the Law of 17. March 2008 (BGBl. 399), as amended, may be used in the field which is defined in more detail by Annex I, Section E, Section 38 of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 June 2006. December 2006 on the establishment of the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains (OJ L 378, 27.12.2006, p. 1), which was last amended by Regulation (EC) No 295/2008 (OJ L 393, 30.12.2008, p. 13), as amended, as amended, or
3.
in another Member State of the European Union or in another Member State. The Contracting State of the Agreement on the European Economic Area is established and intends to carry out an activity in Germany only on a temporary and occasional basis and its professional qualification before commenting the activity in accordance with § § 13a and 13b of the (
)
collection rate ' is the percentage of the mass of spent batteries within the scope of this law in a Member State, and the Commission shall be able to take the necessary measures to ensure that the collection rate is not available in the Member State. The calendar year shall be in proportion to the mass of the batteries which have been placed on the market for the first time on the average of the previous calendar years and those of the previous two calendar years, where they are covered by the are available for separate collection.(20) 'utilisation rate' shall be the percentage of the mass of spent batteries supplied in a calendar year of proper recycling in proportion to the mass of spent batteries collected during that calendar year. Waste batteries exported from the scope of this law with the aim of recovery shall be taken into account only in so far as the requirements of Section 14 (3) have been complied with.(21) "Chemical system" means the composition of the substances that are relevant for energy storage in a battery.(22) "Type Group" is the summary of comparable sizes of batteries with the same chemical system.

Section 2
Distribution and withdrawal of batteries

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§ 3 Traffic bans

(1) The placing on the market of batteries containing more than 0.0005% by weight of mercury is forbidden. With the exception of the ban, button cells and battery packs constructed from button cells with a mercury content of not more than 2% by weight are excluded.(2) The placing on the market of portable batteries containing more than 0.002% by weight of cadmium shall be prohibited. The prohibition shall not apply to portable batteries intended for emergency or alarm systems, including emergency lighting, medical equipment or cordless power tools. The first sentence shall not apply to batteries referred to in Annex II to Directive 2000 /53/EC of the European Parliament and of the Council of 18. 2 September 2000 on end-of-life vehicles (OJ C 34), as last amended by Directive 2008 /33/EC (OJ L 327, 21.12.2008, p. 62), the current version of which is excluded from the cadmium ban laid down in Article 4 (2) (a) of Directive 2000 /53/EC.(3) Manufacturers may only place batteries within the scope of this Act if they have previously indicated this in connection with a legal regulation pursuant to § 20 number 1 in accordance with § 4 (1) sentence 1 and by fulfilling them according to § 5 (1) of the Act in conjunction with Article 6 (1), first sentence, or paragraph 5, § 7 (1) or Article 8 (1), in each case, the obligations of the withdrawal of waste batteries shall ensure that waste batteries can be returned in accordance with the provisions of this Act.(4) distributors may only offer batteries within the scope of this Act to the end-user if they ensure, by fulfilling the provisions of the provisions of Article 9 (1), first sentence, that the end-user shall ensure that the end-user is to use waste batteries in accordance with the provisions of this Regulation. The offering of batteries whose manufacturers are not or not properly displayed in accordance with § 4 (1) sentence 1 shall be prohibited.(5) Batteries which are placed on the market within the scope of this Act, contrary to paragraphs 1 and 2, are to be withdrawn from the market by the manufacturer concerned. Non-official table of contents

§ 4 Display obligations of the manufacturers

(1) Each manufacturer is obliged to do so before it comes into contact with batteries within the scope of this The German Federal Environment Agency (Umweltbundesamt) shall inform the Federal Environment Agency of this, indicating the data set out in Section 20 (1) of the Law. Changes to the data displayed in accordance with the first sentence, as well as the permanent task of placing on the market, shall be notified immediately to the Federal Environment Agency. The advertisements according to sentences 1 and 2 take place electronically via the website of the Federal Environment Agency. The Federal Environment Agency confirms the access of the data transmitted.(2) The Federal Environment Agency may, for the purposes of the advertisements referred to in the first and second sentences of paragraph 1 and for other communication with the manufacturers, be able to provide electronic form, certain encryption and the opening of access for the transmission of electronic data. Require documents. The requirements of the first sentence are to be published on the website of the Federal Environment Agency.(3) The Federal Environment Agency shall publish the information communicated in accordance with paragraph 1, insofar as these are intended for publication pursuant to Section 20 (1) of this Regulation, on its Internet site. The publication shall be broken down by manufacturers of vehicle, equipment and industrial batteries and shall contain, for each manufacturer, the information according to the first sentence and the date of the display. For manufacturers who have withdrawn from the market, the date of the market exit shall also be indicated. The data referred to in paragraph 1 shall be deleted three years after the manufacturer ' s market exit indicated. Non-official table of contents

§ 5 Withdrawal Obligations of the Manufacturers

(1) The manufacturers are obligated to do so by the distributors in accordance with § 9 (1) sentence 1. take back spent batteries and the waste batteries collected by public service providers in accordance with § 13 (1) free of charge and recycle them in accordance with § 14. Waste batteries which cannot be recycled shall be removed in accordance with § 14.(2) Paragraph 1 shall also apply to waste batteries resulting from the treatment of waste equipment in accordance with the provisions of the Electrical and Electronic Equipment Act and in the treatment of end-of-life vehicles in accordance with the provisions of the end-of-life vehicle regulation. Non-official table of contents

§ 6 Joint withdrawal system for waste batteries

(1) Manufacturers of portable batteries are responsible for the performance of their Obligations under § 5 thereby ensure that they establish a common, non-profit-oriented and comprehensive return system for waste batteries (common take-back system) and participate in the same. Each participating producer shall be obliged to provide the Joint Withdrawal System with the information required to fulfil the reporting obligations pursuant to Article 15 (1) upon request. Manufacturers issuing from the Joint Return System shall immediately notify this to the authority referred to in Article 7 (1).(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Economic Affairs and Technology, shall establish whether the joint return system referred to in paragraph 1 in conjunction with paragraph 3 is set up. The first sentence of the first sentence of the first sentence of paragraph 1 shall be made public by publication in the Bundesanzeiger (Federal Gazette). The common take-back system must be identified in a concrete and unambiguous way.(3) The common take-back system must be
1.
accessible to all manufacturers of portable batteries on equal terms,
2.
all distributors of portable batteries, all public waste disposal providers and all treatment facilities pursuant to § 12 (1) and (2), the free collection of Supply waste batteries,
3.
The comprehensive collection of waste batteries for all distributors of portable batteries, all public-sector batteries, Ensure that care providers and all treatment facilities in accordance with § 12 (1) and (2) have made use of the offer referred to in point 2 (connected withdrawal points),
4.
The equipment used by the connected collection points to pick up waste batteries, regardless of their type, brand or origin, free of charge, and to use them according to § 14
5.
provide appropriate transport containers free of charge to the connected collection points
6.
Waste disposal services such as the withdrawal, transport, sorting and recycling of waste batteries, as well as the disposal of non-usable equipment-waste batteries in a process that includes award in the competition, for a maximum of five years,
7.
to ensure that it is financed by the withdrawal, recovery, and disposal of the the remaining costs, including turnover tax and the necessary overheads, in proportion to their share of the annual sales, as measured by the mass of the batteries and broken down by chemical and type groups, to the individual manufacturers are divided up and corresponding contributions are collected by the individual producers,
8.
annually the cost of the withdrawal, sorting, recovery and Disposal of recovered equipment-waste batteries, including overhead costs, broken down by chemical system and type groups, to be disclosed to the Federal Environment Agency,
9.
The confidentiality of the data available to him in so far as it is the information that is specific to the manufacturer or directly attributable to individual producers
(4) The common withdrawal system may include the costs of the withdrawal, sorting and recovery of equipment batteries which do not belong to the common take-back system or which operate a manufacturer's own withdrawal system in accordance with § 7. Take into account the recovery or disposal of waste batteries which have been placed on the market by these producers and which have been covered by the Common Return System. The claim also includes the pro-rata overhead costs of the Joint Return System.(5) Where the Common Withdrawal System is not established, any manufacturer of portable batteries shall be obliged to ensure the performance of its obligations under Section 5 by the establishment of a manufacturer's own withdrawal system within the meaning of Section 7. Non-official table of contents

§ 7 Manufacturer's own collection systems for waste batteries

(1) § 6 (1) sentence 1 does not apply to the extent that a manufacturer has set up its own collection of waste batteries (manufacturer ' s own collection system) approved by the head of the waste management manufacturer or approved by that authority for waste batteries (manufacturer ' s own collection system); and Operates. The authorization referred to in the first sentence shall be granted on request in accordance with the provisions of paragraphs 2 and 3. If the Authority has not decided within a period of three months, the authorisation shall be deemed to have been granted subject to the condition referred to in the first sentence of paragraph 2. The period referred to in the third sentence shall begin with the receipt of the complete dossier to the competent authority.(2) A manufacturer's own take-back system may only be approved on condition that the collection targets specified in § 16 are reached at the dates specified in each case. In addition, Section 6 (3) (2) to (5) shall apply accordingly. The existence of the necessary conditions for the foreseeable achievement of the objectives set out in the first sentence and compliance with the requirements set out in the second sentence by means of own collection and withdrawal shall be carried out in the course of the approval procedure by an expert opinion of a to make independent experts credible. The approval of a manufacturer's own take-back system may also be retrofitted with the requirements necessary to ensure compliance with the recovery requirements in accordance with § 14 and the specifications set out in sentence 2.(3) In the case of the establishment and operation of a return system referred to in paragraph 1, a number of manufacturers may cooperate. Where a number of producers cooperate in the establishment and operation of their return system by the application of a common third party, the authorisation referred to in paragraph 1 may be granted to the third party with effect for the co-operating producers; The manufacturer, as referred to in paragraph 1, shall be the registered office of the third party responsible. Section 6 (3) (9) shall apply mutatily to the jointly appointed third party.(4) Manufacturers of portable batteries which operate an approved manufacturer's own return system may operate other manufacturers of portable batteries which do not belong to the common return system or have a manufacturer's own take-back system; the cost of the withdrawal, sorting and recovery or disposal of waste-waste batteries which have been placed on the market by these producers and which have been properly disposed of by the manufacturer's own return system. The claim also includes the pro-rata overhead costs of the manufacturer's own take-back system. Non-official table of contents

§ 8 Withdrawal of vehicle and industrial waste batteries

(1) Manufacturers of vehicle and industrial batteries are responsible for the to fulfil their obligations under § 5 by ensuring that they
1.
the distributors of the vehicles withdrawn from them pursuant to Article 9 (1) sentence 1; Industrial waste batteries and
2.
the treatment facilities according to § 12 (1) and (2) for used vehicle and industrial waste batteries.
a reasonable and offer free option of return and use the recovered waste batteries in accordance with § 14. There is no obligation for distributors or treatment facilities to transfer these waste batteries to the manufacturers.(2) For waste industry batteries, the manufacturers, distributors, treatment facilities concerned in accordance with Article 12 (1) and (2) and the end user of paragraph 1 may conclude different agreements.(3) As far as vehicle and industrial waste batteries are used by distributors, treatment facilities in accordance with § 12 (1) and (2), public-law disposal carriers or commercial waste-battery disposal systems according to § 14, the obligation of the Manufacturer from § 5 as fulfilled. Non-official table of contents

§ 9 Obligations of distributors

(1) Each distributor is obligated to use waste batteries from the end user on or in the immediate The proximity of the point of sale is free of charge. The readmission obligation set out in the first sentence shall be limited to waste batteries of the type which the distributor has or has carried out as a new battery in its assortment, and to the quantity of which end-users usually dispose of them. The first sentence does not cover products with integrated waste batteries; the Electrical and Electronic Equipment Act and the End-of-Life Vehicle Regulation remain unaffected. In the case of mail order, the sales office shall be the transit warehouse within the meaning of the first sentence.(2) The distributors referred to in paragraph 1 shall be obliged to provide recovered equipment waste batteries to the Common Return System for collection. By way of derogation from the first sentence, the distributor may, for a period of at least one calendar year, waive the collection of the collected waste batteries by means of the common withdrawal system, and the waste batteries may instead be replaced by the old batteries instead of the previous one. to one or more manufacturer's own take-back systems. The waiver shall be notified in writing to the common withdrawal system at least three months before the beginning of the period.(3) In so far as a distributor does not make use of the manufacturer's offer in accordance with Article 8 (1) and uses waste batteries in the vehicle or industry itself or leaves third parties for recovery, he shall ensure that the requirements of § 14 are fulfilled. . For vehicle and industrial waste batteries, which the distributor leaves to a commercial waste disposal company or a public-law disposal carrier with the aim of recovery, the requirements of § 14 in favour of the distributor shall apply. as fulfilled.(4) The costs of the withdrawal, sorting, recovery and disposal of waste batteries may not be separately identified in the distribution of new portable batteries with respect to the end user. Non-official table of contents

§ 10 Pfandpflicht für Fahrzeugbatterien

(1) distributors who hand off vehicle batteries to end users are required to Vehicle battery charge a deposit of 7.50 Euro including VAT if the end user does not return an old-vehicle battery at the time of purchase of a new vehicle battery. The deposit is to be reimbursed upon return of a waste vehicle battery. The distributor can issue a deposit mark in the deposit survey and make the deposit dependent on the return of the deposit mark.(2) If vehicle batteries installed in vehicles are transferred or passed on to the end user, the deposit obligation shall not be required. Unofficial table of contents

§ 11 End user obligations

(1) Owners of waste batteries have separated this one from the unsorted municipal waste. To be detected. Sentence 1 shall not apply to waste batteries incorporated in other products; the Electrical and Electronic Equipment Act and the End-of-Life Vehicle Regulation shall remain unaffected.(2) Waste equipment batteries shall be collected exclusively through collection points connected to the Joint Return System or to a manufacturer's own return system. End-users who are commercial or other economic undertakings or public bodies may, for the equipment used in their waste batteries, use the common take-back system or a manufacturer's own take-back system of the first sentence of 1 agreements differ on the type and place of return.(3) Vehicle waste batteries shall be covered exclusively by the distributors, the public waste disposal providers and the treatment facilities in accordance with § 12 (2). By way of derogation from the first sentence, end-users who are commercial or other economic undertakings or public bodies may, directly to producers or waste batteries, be able to dispose of used waste batteries directly to the producers or to the waste disposal of waste batteries. .(4) Industrial waste batteries shall be covered exclusively by the distributors, the treatment facilities in accordance with Article 12 (2) and by commercial waste batteries, unless different agreements have been made in accordance with Article 8 (2); the Fulfilment of the requirements of § 14 shall be ensured. Non-official table of contents

§ 12 Third-party transfer and payment obligations.

(1) The operators of treatment facilities for waste equipment in accordance with the The Electrical and Electronic Equipment Act (EEE) is obliged to provide the common return system for collection in the case of waste batteries used in the treatment of waste batteries.(2) The operators of treatment facilities for end-of-life vehicles under the End-of-Life Vehicle Regulation shall be obliged to provide the common return system for collection in the case of waste-used waste batteries.By way of derogation from paragraphs 1 and 2, an operator may, for a period of at least one calendar year in each case, waive the collection of waste batteries from the common collection system by means of the common withdrawal system, and the Waste batteries are instead left to one or more manufacturers ' own take-back systems. The waiver shall be notified in writing to the common withdrawal system at least three months before the beginning of the period.(4) Article 9 (3) shall apply mutas to the vehicle and industrial waste batteries arising from the treatment referred to in paragraphs 1 and 2. Non-official table of contents

§ 13 Participation of public waste disposal providers

(1) As far as public-law waste disposal providers are of the collection of waste-used batteries, the collected waste-waste batteries shall be made available to the common withdrawal system for collection. By way of derogation from the first sentence, public service providers may, for a period of at least one calendar year, waive the collection of the collected waste batteries by means of the common take-back system, and the Waste batteries are instead left to one or more manufacturers ' own take-back systems. The waiver shall be notified in writing to the common withdrawal system at least three months before the beginning of the period.(2) In so far as public service providers participate in the collection of waste vehicle batteries, they shall be obliged to use the collected vehicle waste batteries in accordance with § 14. unofficial table of contents

§ 14 recovery and disposal

(1) All collected and identifiable waste batteries are, as far as is technically possible, and economically reasonable, to be treated according to the state of the art and to be recycled in the material. In particular, the minimum requirements laid down in accordance with Article 20 (2) shall be complied with. Identifiable waste batteries, the treatment and recovery of which is technically not possible or economically unreasonable, non-identifiable waste batteries, and residues of previously properly treated and metabolically recovered waste batteries In accordance with the state of the art, they are to be eliminated in a public service.(2) The disposal of waste-vehicle and industrial waste batteries by incineration or landfill is prohibited. This does not apply to residues of previously properly treated and substance-revalued waste batteries.(3) Treatment and recycling referred to in paragraph 1 may be carried out outside the scope of this Act if the transfer of spent batteries meets 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 136, 31.7.2006, p 1, L 318 of 28.11.2008, p. 15), as last amended by Regulation (EC) No 669/2008 (OJ L 145, 31.5.2008, p. 7), as amended, and in accordance with the provisions of the regulation pursuant to Section 20 (3) of this Regulation.(4) waste batteries provided for in Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 June 2007. November 2007 on the export of certain wastes listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council for recovery to certain States for which the OECD Decision on the control of transboundary movements of waste does not apply (OJ L 136, 31.7.2006 6), as amended by Regulation (EC) No 740/2008 (OJ L 378, 27.12.2008, p. 36), as amended by the European Community, must be taken into account for the fulfilment of the obligations laid down in paragraph 1 only if there is a valid evidence of that that the recovery has been carried out under conditions corresponding to the requirements of this Act and of the legal regulations adopted pursuant to this Act. Non-official table of contents

§ 15 Performance control

(1) The Joint withdrawal system shall submit to the Federal Environment Agency annually up to the 30. In April, a documentation which provides information on
1.
the mass of the previous year of its members in the scope of this law in transport in the case of portable batteries remaining within the scope of this law, broken down by chemical system and type groups,
2.
the mass of the portable batteries which he/she has placed in the previous year spent portable batteries, broken down by chemical system and type groups,
3.
the mass of the previous year's Used batteries, broken down by chemical system and type groups, with waste batteries being exported and used outside the scope of this Act to be identified separately,
4.
the collection rate for portable batteries reached in its own system in accordance with § 2, paragraph 19,
5.
the rate of recovery for waste batteries reached in its own system in accordance with § 2 (20),
6.
the qualitative and quantitative recovery and Disposal results as well as
7.
the total price paid for the withdrawal, sorting, recovery and disposal, broken down according to chemical systems and type groups.
The documentation shall be submitted at the request of the Federal Environment Agency in a version examined and confirmed by an independent expert. The Joint withdrawal system shall publish the documentation to be presented in accordance with the first sentence, with the exception of the information provided for in the first sentence of paragraph 7, within one month of submission to the Federal Environment Agency on its Internet site.(2) For proprietary take-back systems, the first sentence of the first sentence of 1 to 6, the second sentence and the third sentence of the second sentence of paragraph 1 shall apply; the first sentence of paragraph 1 shall be applied with the proviso that the documentation shall also be submitted to the authority which shall approve it pursuant to Article 7 of the Treaty. Paragraph 1.(3) For the distributors of vehicle and industrial batteries, the first sentence of paragraph 1, points 2, 3, 5 and 6, the second sentence and the second sentence of paragraph 1 shall apply with the proviso that the collection, withdrawal and recovery of waste vehicles and industrial waste batteries shall be reported. Manufacturers of vehicle and industrial batteries can submit a joint documentation for several distributors.(4) The Federal Environment Agency may publish recommendations in the Federal Gazette for the format and the structure of the documentation referred to in paragraphs 1 and 2. Non-official table of contents

§ 16 Collating targets

The common take-back system and the manufacturer's own return systems must be in each case in their own To achieve and permanently ensure the following collection rates for waste batteries:
1.
at the latest for the calendar year 2012 a collection rate of at least 35 Percent,
2.
at the latest for calendar year 2014, a collection rate of at least 40 percent and
3.
at the latest for calendar year 2016, a collection rate of at least 45 percent.

Section 3
Labeling, Hinting

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§ 17 Labelling

(1) The manufacturer is obliged to make batteries before they are placed on the market for the first time. in accordance with the provisions referred to in paragraphs 4 and 5, with the symbol after the installation.(2) The symbol referred to in paragraph 1 shall be at least 3 per cent of the largest area of the battery or of the sales office, but not more than 5 centimetres in length and 5 centimetres in width. In the case of a cylindrical shape of the object to be marked, the symbol referred to in paragraph 1 must occupy at least 1.5 per cent of the surface of the object, but at most an area of 5 centimetres in length and 5 centimetres in width.(3) The manufacturer is obliged to provide batteries containing more than 0.0005 mass percent of mercury, more than 0.002% by weight of cadmium or more than 0.004% by weight of lead, prior to the initial placing on the market in accordance with the specifications set out in the 2 and 3, and in accordance with paragraphs 4 and 5, with the chemical signs of the metals (Hg, Cd, Pb) in which the limit value is exceeded. The signs referred to in the first sentence shall be placed below the symbol referred to in paragraph 1. Each character must occupy at least one area equal to one quarter of the area of the symbol referred to in paragraph 1.(4) If the symbol referred to in paragraph 1 or the symbol referred to in paragraph 3 has an area of less than half a centimetre length and a width of half a centimetre, the appropriate marking may be dispensed with. Instead, symbol and character must be applied to the packaging in a size of at least one centimeter in length and one centimeter of width. The rates 1 and 2 shall apply mutaly if the battery is not technically possible.(5) Symbol and signs must be clearly visible, legible and permanently applied.(6) The manufacturer shall be obliged to provide vehicle and equipment batteries with a visible, legible and indelible capacity indication prior to the first placing on the market. In determining the capacity and the design of the capacity statement, the requirements laid down in accordance with Section 20 (4) of the Law must be observed.(7) Additional voluntary markings shall be admissible in so far as they do not contravene an identification as referred to in paragraphs 1, 3 or 6. Non-official table of contents

§ 18 Disclosure requirements

(1) Drivers have their customers through easy-to-view and legible, in the immediate area of view of the Main customer stream placed font or image panels to point out
1.
that batteries are returned free of charge after use at the point of sale ,
2.
that the end user is legally obliged to return waste batteries and
3.
what is the meaning of the symbol in accordance with § 17 paragraph 1 and the signs in accordance with § 17 paragraph 3.
If you send batteries to the end user in the mail order, the information given in sentence 1 has been added to the to give the presentation media used by him or to include them in writing to the consignment.2. Manufacturers shall be obliged to inform end-users of the provisions referred to in the first sentence of paragraph 1 (1) to (3), on the possible effects of the substances contained in batteries on the environment and on human health, and on the effects on the environment and on the the importance of the separate collection and recycling of waste batteries for the environment and health.Where the Joint Withdrawal System carries out information campaigns as referred to in paragraph 2, manufacturers of portable batteries which do not belong to the Common Withdrawal System shall also be obliged to re-register in one of their respective market shares. Transport of equipment batteries appropriate to the costs of the campaigns. The obligation referred to in paragraph 2 shall be deemed to have been fulfilled.(4) Where producers who do not belong to the Joint Withdrawal System are used in accordance with paragraph 3 to finance information campaigns of the Joint Withdrawal System, such information campaigns shall be designed to be neutral in competition. name="BJNR158210009BJNG000400000 " />

Section 4
Order of Third Party, Regulation Empowerment, Full Train

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§ 19 appointment of a third party

The third parties who are obliged to fulfil their obligations under this law may commission the performance of their duties; § 22, sentences 2 and 3 of the Circular Economic Law shall apply accordingly. Third party representatives may also be the Joint Return System. Non-official table of contents

§ 20 Authorisation to enact legal regulations

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized by law, which does not require the consent of the Federal Council,
1.
the data required for an ad pursuant to Article 4 (1) sentence 1 on the Identity and unique identification characteristics of the scoreboard, contact details of the scoreboard and data on the perception of product responsibility by the scoreboard and the data intended for publication in accordance with Article 4 (3) sentence 1 ,
2.
Minimum requirements for the treatment and recovery of waste batteries, quotas for the recovery efficiency to be achieved, and the requirements for their use
3.
Rules for implementing implementing rules pursuant to Article 15 (3) of Directive 2006 /66/EC,
4.
specifications for determining the capacity of vehicle and device batteries, as well as the design of the capacity specification, and
5.
Allow exceptions to § 17 Paragraph 1 to 6.
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§ 21 Enforcement

(1) The Federal Environment Agency may take the necessary measures to ensure compliance with the requirements of § 6 (3) and the recovery requirements from § 14 on a permanent basis with regard to the Joint withdrawal system.(2) § § 47 and 62 of the German Circular Economy Act (Circular Economic Law) must be applied accordingly for the enforcement of this law. The fundamental right to inviolability of the apartment (Article 13 (1) of the Basic Law) is restricted to this extent.

Section 5
Administrative Offences, Final Provisions

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§ 22 Penal Money Provisions

(1) Contrary to law, who intentionally or negligently
1.
placing batteries on the market as opposed to § 3, paragraph 1, sentence 1 or paragraph 2, set 1,
2.
counter to § 3 paragraph 3 batteries,
3.
contrary to § 3 paragraph 4 batteries offers,
4.
contrary to § 4 (1) sentence 1 in conjunction with a legal regulation pursuant to § 20 number 1, an advertisement not, not correct, not complete or not in due time,
5.
contrary to § 4 paragraph 1 sentence 2 in conjunction with a legal regulation pursuant to § 20 number 1 a notice is not, not correct, not complete or not in time,
6.
contrary to § 5 (1) sentence 1 in conjunction with Section 14 (1) sentence 1 or sentence 2 in conjunction with a legal regulation pursuant to § 20 number 2, in each case also in connection with § 5 (2), there are not used batteries mentioned there, not correctly or not fully utilized,
7.
contrary to § 5, paragraph 1, sentence 2 in Connection with § 14 paragraph 1 sentence 3, also in connection with § 5 paragraph 2, there are no waste batteries mentioned there, not correct or not completely eliminated,
8.
contrary to § 6, paragraph 1, sentence 2, an information not available, not correct, not complete or not in time,
9.
contrary to § 6, paragraph 1, sentence 3, an indication not, not correct, not fully or not reimbursed in time,
10.
contrary to § 9, paragraph 2, sentence 1, or § 12, paragraph 1, or paragraph 2, old batteries do not provide the common take-back system for collection,
11.
contrary to § 9, paragraph 4, the costs referred to there separately,
12.
contrary to § 10, paragraph 1, sentence 1 or sentence 2 does not collect or refund a deposit,
13.
contrary to § 14 (2) sentence 1 vehicle or industry waste batteries by incineration or landfill removed,
14.
contrary to § 15 (1), first sentence, points 1 to 6, also in conjunction with paragraph 2 or 3 sentence 1 or sentence 3, or in breach of § 15 (1) sentence 1 No 7 documentation, not correct, not complete or not in good time,
15.
contrary to § 17, paragraph 1, sentence 1 or paragraph 3, sentence 1, a battery not marked, not correct or not in good time,
16.
contrary to § 17 (6) in conjunction with a legal regulation pursuant to § 22, point 4, a vehicle or Device battery not, not correct, not complete or not in good time with a capacity statement, or
17.
contrary to § 18 (1) sentence 1 or sentence 2 a Note not correct, not complete or not in the prescribed manner, or not accompanied by a consignment.
(2) The administrative offence may be subject to a fine in the cases referred to in points 1 to 7, 10, 13 and 14 of paragraph 1. up to one hundred thousand euros, and in the other cases, a fine of up to ten thousand euros.(3) For the purposes of Section 36 (1) (1) of the Code of Administrative Offences, the Administrative Authority shall be the Federal Environment Agency in the cases referred to in points 2 to 5, 8 and 14 of paragraph 1.(4) In the cases referred to in paragraph 3, the fines imposed in the court proceedings and the sums of money whose decay has been ordered shall also be paid to the Bundeskasse, which also carries the costs imposed on the treasury. Non-official table of contents

§ 23 Transitional rules

(1) § 2 (15) sentence 2, § 3 (1) and (2) and § 17 (1), (3) and (6) sentence 1 shall not apply to: Batteries, which are already before the 1. It was first placed on the market in a Member State of the European Union in December 2009.(2) In the case of the deposit in accordance with Article 10 (1), second sentence, the amount of the pledge shall be equal to the amount of the deposit paid before 1. The rate of exchange of Article 1 of Council Regulation (EC) No 2866/98 of 31 January 2002 has been set at 31 January 2002. 1 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro (OJ L 327, 28.12.1998, p. 1), as last amended by Regulation (EC) No 694/2008 (OJ No L 359, 31.12.2008, p. 3), it is necessary to lay down the current version of the Directive in force.(3) For the purposes of determining the collection rate in accordance with Article 15 (1), first sentence, point 4, paragraphs 2 and 3, § 2 (19) shall apply for the calendar year 2009, provided that the mass of waste batteries withdrawn in that calendar year is the mass of the waste batteries in the same calendar year. The calendar year for the first time placed on the market is to be proportionate.(4) For the calendar year 2010, paragraph 3 shall apply with the proviso that the mass of spent batteries withdrawn in the calendar year 2010 shall be proportional to the mass of batteries placed on the market for the first time on average for the years 2009 and 2010 is.(5) The provisions of paragraphs 3 and 4 shall apply accordingly, irrespective of the calendar year in question, for the first two years of the activity of a manufacturer's own withdrawal system. Non-official table of contents

Attachment to § 17

(Fundstelle: BGBl. I 2009, 1590)