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Law on the placing on the market, the withdrawal and the environmentally sound 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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Law on the placing on the market, the withdrawal and the environmentally sound disposal of batteries and accumulators (Batteries Act-BattG)

Unofficial table of contents

BattG

Date of completion: 25.06.2009

Full quote:

" Battery Act of 25 June 2009 (BGBl. I p. 1582), most recently by Article 4 of the Law of 24 February 2012 (BGBl. 212) has been amended "

Status: Last amended by Art. 4 G v. 24.2.2012 I 212

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 1.12.2009 + + +) 

The G was decided by the Bundestag as Article 1 of the G v. 25.6.2009 I 1582 with the consent of the Bundesrat. It occurs gem. Art. 3 (1) (1) of this G was in 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 enter into force in accordance with Article 3 (3) of 1.7.2009 in force. Unofficial table of contents

Content Summary

Section 1General provisions
§ 1 Scope
§ 2 Definitions
Section 2Sales and
Withdrawal of batteries
§ 3 Traffic bans
§ 4 Notifiable notifiers of manufacturers
§ 5 Manufacturers ' repurchase obligations
§ 6 Common collection system for waste batteries
§ 7 Manufacturer's own take-back systems for equipment used in waste batteries
§ 8 Withdrawal of vehicle and industrial waste batteries
§ 9 Obligations of distributors
§ 10 Compulsory deposit for vehicle batteries
§ 11 Obligations of the end-user
§ 12 Third-party transfer and repayment obligations
§ 13 Participation of public-service waste disposal providers
§ 14 Recovery and disposal
§ 15 Success Control
§ 16 Collection Targets
Section 3Labelling,
Obligation
§ 17 Marking
§ 18 Obligation
Section 4assignment of third parties,
Authorisation of Regulation, enforcement
§ 19 Assignment of third parties
§ 20 Authorisation to enact legal orders
Section 21 Execution
Section 5Administrative Offences,
Final provisions
Section 22 Fines
Section 23 Transitional provisions
Annex

Section 1
General provisions

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§ 1 Scope

(1) This Act 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 I). 1462), as amended, and the End-of-Life Vehicle Regulation, as amended by the Notice of 21 June 2002 (BGBl. 2214), as last amended by the Regulation of 3 April 2009 (BGBl I). 738), as amended, shall remain unaffected. (2) This Act shall not apply to batteries used in the use of batteries.
1.
in equipment which relates to the protection of the essential security interests of the Federal Republic of Germany,
2.
in arms, munitions or materiel, other than products which are not procured or used specifically for military purposes, or
3.
in equipment for use in space.
(3) Insofar as this law and the legal regulations issued pursuant to this Act do not contain any deviating provisions, the Circular Economic Law, with the exception of § 17 (4) and § 54, and the Circulatory economic law, or the relevant legal regulations in the version in force until 1 June 2012, apply. § § 27, 50 (3), § 59 (1) sentence 1 and § 66 of the Circular Economic Law shall apply accordingly. Unofficial table of contents

§ 2 Definitions

(1) For this Act, the definitions laid down in paragraphs 2 to 22 shall apply. (2) "Batteries" shall consist of one or more non-rechargeable primary cells or sources of electrical energy consisting of rechargeable secondary cells; which is obtained by direct conversion of chemical energy. (3) "battery pack" means a group of batteries that are connected to each other or assembled in an outer casing so as to ensure that they do not have to be separated from the end user or to open the device. Battery packs are batteries within the meaning of this Act. (4) "Vehicle batteries" are batteries intended for the starter, the lighting or for the ignition of vehicles. Vehicles within the meaning of the first sentence are land vehicles which are moved by machine power without being tied to railway tracks. (5) "Industrial batteries" are batteries exclusively for industrial, commercial or agricultural purposes, for Electric vehicles of any kind or for propulsion of hybrid vehicles are intended. Vehicle batteries are not an industrial battery. Batteries that are not vehicle, industrial or portable batteries are subject to the provisions of this law on industrial batteries. (6) "portable batteries" are batteries that are encapsulated and 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 electric and battery-powered electric tools. Electronic equipment within the scope of the Electrical and Electronic Equipment Act, which is intended for maintenance, construction, gardening or assembly work. (9) "Waste batteries" are batteries which are waste within the meaning of § 3 (1) sentence 1 of the (10) "Treatment" means any activity which is Waste after handover to a facility for sorting, preparation for recovery or preparation for disposal. (11) "Material recovery" is the reprocessing of the waste in a production process of Waste materials for their original purpose or for other purposes, but excluding energy recovery. (12) "disposal" is the disposal of waste within the meaning of § 3 (26) of the Circular Economic Law. (13) "End User" is the person who uses batteries or products with built-in batteries and in which (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 tender. (15) "Manufacturers" shall be any which, regardless of the distribution method, puts commercially batteries on the market for the first time in the scope of this law. Distributors and intermediaries who intentionally or negligently offer batteries from manufacturers who have not or not properly indicated in accordance with § 4 (1) sentence 1 in conjunction with a legal regulation pursuant to § 20 number 1 shall be deemed to be Manufacturer within the meaning of this Act. (16) 'placing on the market' means the distribution, consumption or use of a third party, 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 considered as placing on the market within the meaning of the first sentence of sentence 1. (17) " Industrial Waste batteries " are certified waste disposal companies for the handling of waste batteries within the meaning of § 56 of the Circular Economic Law, whose business operations the separate collection, treatment, recovery or disposal of spent batteries (18) "Experts" is who
1.
in accordance with § 36 of the Commercial Code, is publicly appointed,
2.
as 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 version of the notice of 4 September 2002 (BGBl. 3490), as last amended by Article 11 of the Law of 17 March 2008 (BGBl I). 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) has been amended, as amended, or
3.
is established in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area and intends to carry out a domestic activity only temporarily and occasionally, and its Professional qualification before the start of the activity in accordance with § § 13a and 13b of the Industrial Code has been checked; procedures according to this number can be handled via a uniform position.
(19) 'collection rate' means the percentage of the mass of spent batteries withdrawn within the scope of this Act in a calendar year relative to the mass of the batteries which, on average, of the two batteries concerned and of the two have been placed on the market for the first time within the scope of this Act and are available there for separate collection. (20) "Recovery rate" is the percentage of the mass of the year in which the law is applied in a calendar year a proper recycling of spent batteries in the Proportion of the mass of spent batteries collected during this 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 Article 14 (3) have been complied with. (21) "Chemical system" shall be the composition of the waste batteries used for the purpose of recovery of the waste. Energy storage in a battery relevant substances. (22) "Type group" is the combination 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% of mercury by weight shall be prohibited. The ban is exempted from the use of button cells and battery packs made up of button cells with a mercury content of not more than 2% by weight. (2) The placing on the market of portable batteries containing more than 0.002% by weight of cadmium is not included. forbidden. The ban shall be exempted from 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 September 2000 on end-of-life vehicles (OJ L 327, 30.12.2000, p. 34), as last amended by Directive 2008 /33/EC (OJ L 327, 21.12.2008, p. 62), as amended by the cadmium ban in Article 4 (2) (a) of Directive 2000 /53/EC. (3) Manufacturers shall only be allowed to use batteries within the scope of this Act in accordance with the provisions of Article 4 (2) (a) of Directive 2000 /53/EC. , if they have previously indicated this in connection with a regulation pursuant to § 4 (1) sentence 1 in conjunction with a legal regulation pursuant to § 20 number 1 and by fulfilling them in accordance with § 5 in conjunction with § 6 (1) sentence 1 or paragraph 5, § 7 (1) or § 8 Paragraph 1 shall ensure that waste batteries are in accordance with the provisions of this Regulation (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 withdrawal obligations laid down in Section 9 (1) sentence 1, that the End-users may return waste batteries in accordance with this law; the offering of batteries whose manufacturers have not or not correctly indicated themselves in breach of § 4 (1) sentence 1 is prohibited. (5) Batteries which are contrary to paragraphs 1 and 2 within the scope of this Act shall be placed on the market by the from the market to the manufacturer. Unofficial table of contents

§ 4 Display obligations of manufacturers

(1) Each manufacturer shall be obliged, before placing batteries within the scope of this Act, to notify this to the Federal Environment Agency, stating the data set out in Section 20 (1) of this 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 certifies the access of the data transmitted. (2) The Federal Environment Agency may, for the advertisements referred to in the first and second sentences of paragraph 1 and for the other communication with the manufacturers, the electronic form, a specific encryption as well as the opening of access for the transmission of electronic documents. The requirements of the first sentence must be published on the website of the Federal Environment Agency (Umweltbundesamt). (3) The Federal Environment Agency publishes the information provided in accordance with paragraph 1, insofar as it is based on the legal regulation pursuant to § 20 (1) of the German Federal Environment Agency. Publication, on its website. 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. Unofficial table of contents

§ 5 Readmission requirements of the manufacturers

(1) The manufacturers shall be obliged to take back the waste batteries withdrawn by the distributors in accordance with Article 9 (1), first sentence, and the waste batteries collected by public service providers pursuant to Article 13 (1), free of charge, and in accordance with § 14. Waste batteries which cannot be recycled shall be removed in accordance with Article 14. (2) Paragraph 1 shall also apply to waste batteries used in 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. Provisions of the End-of-Life Vehicle Regulation. Unofficial table of contents

§ 6 Joint withdrawal system for equipment used in waste batteries

(1) Manufacturers of portable batteries shall ensure compliance with their obligations under § 5 by providing a common, non-profit and comprehensive recovery system for waste batteries (common take-back system). and get involved in this. 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 Withdrawal 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 shall, in agreement with the Federal Ministry of Economics and Technology shall determine whether the joint withdrawal system referred to in paragraph 1 is established in conjunction with paragraph 3. 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 concrete and unambiguous terms. (3) The common withdrawal system must:
1.
be accessible on equal terms to all manufacturers of portable batteries,
2.
offer all distributors of portable batteries, all public service providers and all treatment facilities in accordance with § 12 (1) and (2) for the free collection of waste batteries,
3.
ensure the comprehensive collection of waste batteries for all distributors of portable batteries, all public waste disposal providers and all treatment facilities in accordance with Article 12 (1) and (2), which shall be subject to the offer referred to in point 2 Have made use of (connected withdrawal points),
4.
collect, free of charge, the waste batteries provided by the attached collection points, irrespective of their nature, brand or origin, and to carry out recovery in accordance with section 14;
5.
provide appropriate transport containers free of charge to the associated withdrawal points,
6.
Disposal services such as the withdrawal, transport, sorting and recycling of waste-used batteries and the disposal of non-usable equipment-waste batteries in a procedure which ensures the award of such batteries for a maximum period of five years,
7.
its financing by ensuring that the costs remaining after the withdrawal, recovery and disposal, including turnover tax and the necessary overheads, in proportion to their share of the annual sales, as measured by the mass of the batteries, broken down by chemical system and type groups, divided among the individual producers and collected by the individual producers,
8.
the annual cost of the withdrawal, sorting, recovery and disposal of the recovered equipment-waste batteries, including the overhead costs, broken down by chemical system and type groups, to the Federal Environment Agency,
9.
ensure the secrecy of the data available to him in so far as it is information which is specific to the manufacturer or which is 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 Article 7 of this Directive; or Take into account the disposal of waste batteries placed on the market by these producers and recorded by the Joint Return System. The claim also includes the pro-rata overhead costs of the common withdrawal system. (5) If the common take-back system is not established, each manufacturer of portable batteries shall be obliged to fulfil its obligations under § 5. To ensure the establishment of a manufacturer's own take-back system within the meaning of § 7. Unofficial table of contents

§ 7 Manufacturer's own take-back systems for equipment used in waste batteries

(1) Paragraph 6 (1), first sentence, shall not apply to the extent to which a manufacturer has a separate collection system for waste batteries approved by the competent authority at the place of manufacture of the waste management manufacturer or of an authority approved by that authority. (manufacturer's own take-back system) has established 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 on 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 withdrawal system may only be approved on condition that the collection objectives prescribed in § 16 are to be found in each case. shall be reached. 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 its own collection and withdrawal shall be carried out in the course of the approval procedure by an opinion of a to make independent experts credible. The approval of a manufacturer's own take-back system may also be subsequently provided with the requirements necessary to ensure that compliance with the recovery requirements in accordance with § 14 and the specifications set out in the second sentence of the second sentence is permanently ensured. (3) In the case of the establishment and operation of a return system referred to in paragraph 1, several 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 authorization 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 mutatis to the jointly commissioned third party. (4) Manufacturers of portable batteries which operate an approved manufacturer's own return system may be used by other manufacturers of portable batteries which do not comply with the requirements of The common withdrawal system shall include a manufacturer's own take-back system, which shall take into account the costs of the withdrawal, sorting and recovery or disposal of waste-waste batteries placed on the market by these producers and duly adopted by the manufacturer's own take-back system have been disposed of. The claim also includes the pro-rata overhead costs of the manufacturer's own take-back system. Unofficial table of contents

Section 8 Retaking of vehicle and industrial waste batteries

(1) Manufacturers of vehicle and industrial batteries shall ensure that they fulfil their obligations under Section 5 by:
1.
the distributors for the vehicle and industrial waste batteries withdrawn by them pursuant to Article 9 (1) sentence 1; and
2.
the treatment facilities referred to in § 12 (1) and (2) for the waste-vehicle and industrial waste batteries that are produced there
offer a reasonable and free option of return and use the recovered waste batteries in accordance with § 14. There is no obligation for the distributors or the treatment facilities to transfer these waste batteries to the manufacturers. (2) For waste industrial batteries, the manufacturers concerned, distributors, treatment facilities according to § § 1. (3) As far as vehicle and industrial waste batteries are used by distributors, treatment facilities pursuant to § 12 (1) and (2), public-sector waste disposal providers or commercial vehicles. Waste battery disposal systems according to § 14 shall be used, the Obligation of manufacturers to comply with § 5 as fulfilled. Unofficial table of contents

§ 9 Obligations of distributors

(1) Each distributor shall be obliged to take back waste batteries from the end user at or in the immediate vicinity of the point of sale free of charge. The readmission obligation set out in the first sentence shall be limited to waste batteries of the type which the distributor carries 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. (2) The distributors referred to in paragraph 1 shall be obliged to provide recovered 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 must be notified in writing to the common withdrawal system at least three months before the beginning of the period. (3) Insofar as a distributor does not make use of the offer made by the manufacturers in accordance with § 8 (1) and vehicle or It has to ensure that the requirements of § 14 are met, or that it can be used for recycling by third parties. 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. (4) The cost of the withdrawal, sorting, recovery and disposal of waste-waste batteries shall not be shown separately from the end-user in the distribution of new portable batteries. Unofficial table of contents

§ 10 Pfandobligation for vehicle batteries

(1) Drivers who hand off vehicle batteries to end users shall be required to charge a deposit of EUR 7.50 per vehicle battery, including VAT, if the end user does not have a new vehicle battery at the time of purchase of a new vehicle battery Back-up vehicle battery returns. 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 transmitted or passed on to the end user, then the Duty. Unofficial table of contents

§ 11 Duties of the End User

(1) Owners of waste batteries shall be supplied with a collection separate from the unsorted municipal waste. The first subparagraph 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 exclusively subject to collection points, which shall be replaced by the common A return system or a manufacturer's own take-back system is connected. End-users who are commercial or other economic undertakings or public bodies may use the common withdrawal system or a manufacturer's own take-back system of the first sentence for the equipment used in their waste batteries. (3) Waste vehicle batteries are collected exclusively by the distributors, the public service providers and via the treatment facilities according to § 12 (2). By way of derogation from the first sentence, end-users who are commercial or other economic undertakings or public bodies may be directly responsible for the recycling of waste-used batteries from the producers or the waste-processing waste disposal of the waste. (4) Waste industrial 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 pursuant to Article 8 (2) , the fulfilment of the requirements of § 14 shall be ensured. Unofficial table of contents

§ 12 Third-party transfer and repayment obligations

(1) The operators of treatment facilities for waste equipment under the Electrical and Electronic Equipment Act are obliged to provide the common return system for collection in the case of waste-used waste batteries. (2) The operators treatment facilities for end-of-life vehicles under the end-of-life vehicle regulation are obliged to provide the common collection system for collection of waste batteries which are produced during the treatment. (3) By way of derogation from paragraphs 1 and 2, an operator for a period of at least one The end of the calendar year shall be binding on the collection of waste batteries from the common collection system, leaving the waste batteries to one or more manufacturers ' own take-back systems instead. The renunciation shall be notified in writing to the common withdrawal system at least three months before the beginning of the period. (4) For the waste vehicle and industrial batteries accruing in the treatment referred to in paragraphs 1 and 2, section 9 (3) shall be applicable. shall apply accordingly. Unofficial table of contents

Section 13 Participation of the public-sector waste disposal providers

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

Section 14 Recovery and disposal

(1) All collected and identifiable waste batteries shall, to the extent technically possible and economically reasonable, be treated in accordance with 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 (2) The disposal of waste-vehicle and industrial waste batteries by incineration or landfill is prohibited. This shall not apply to residues of waste batteries previously properly treated and recycled. (3) The treatment and recycling referred to in paragraph 1 may be carried out outside the scope of this Act, if the Transfer of waste batteries to 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 378, 27.12.2006, p. 1, L 318, 28.11.2008, p. 15), as last amended by Regulation (EC) No 669/2008 (OJ L 378, 27.12.2008, p. 7), as amended, as well as the provisions of the legal regulation according to Article 20 (3). (4) Waste batteries which are the subject of Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007 of Commission of 29 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 (OJ L 327 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. Unofficial table of contents

§ 15 Success control

(1) The Joint Withdrawal System shall submit a documentation to the Federal Environment Agency annually by 30 April, which shall provide information on:
1.
the mass of portable batteries placed on the market in the previous year by its members within the scope of this Act and remaining within the scope of this Act, broken down by chemical system and type groups;
2.
the mass of waste batteries withdrawn from it in the previous year, broken down by chemical system and type groups;
3.
the mass of the waste batteries used by him in the preceding year, broken down by chemical system and type groups, with waste batteries being exported and used outside the scope of this law, separately are to be shown,
4.
the collection rate for portable batteries reached in its own system in accordance with Article 2 (19),
5.
the recovery rate for waste batteries, which has been reached in its own system in accordance with Article 2 (20),
6.
the qualitative and quantitative results of the recovery and disposal, and
7.
the total price paid for the withdrawal, sorting, recovery and disposal, broken down by chemical system and type groups.
The documentation shall be submitted at the request of the Federal Environment Agency in a version certified and confirmed by an independent expert. The Joint withdrawal system shall publish the documentation to be submitted 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 shall apply in accordance with the first sentence of the first sentence of the first subparagraph of paragraph 1 to 6, the second sentence and the third sentence of paragraph 1; the first sentence of paragraph 1 shall apply with the proviso that the documentation shall also be submitted to the authority which has granted the authorization pursuant to Article 7 (1). (3) For the distributors of vehicle and industrial batteries, the first sentence of the first sentence of the first sentence of paragraph 1 shall be 2, 3, 5 and 6, the second sentence shall be 2 and 3. to the extent that it is necessary to report on the collection, withdrawal and recovery of waste vehicles and industrial waste batteries. Manufacturers of vehicle and industrial batteries can submit a joint documentation for several distributors. (4) The Federal Environment Agency can make recommendations in the Federal Gazette for the format and structure of the documentation referred to in paragraphs 1 and 2. . Unofficial table of contents

Section 16 Collating objectives

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

Section 3
Marking, reporting requirements

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§ 17 Labelling

(1) The manufacturer shall be obliged to label batteries with the symbol after the installation, in accordance with paragraphs 4 and 5, prior to the initial placing on the market. (2) The symbol referred to in paragraph 1 shall be at least 3 per cent of the largest area of the The battery or the sales company, but at most an area of 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% 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 requires batteries containing more than 0.0005% of mercury, more than 0.002% of cadmium, or more than 0.004% of lead, of lead, before being placed on the market for the first time in accordance with the provisions of 2 and 3 and in accordance with the following rules: (4) and (5) with the chemical signs of the metals (Hg, Cd, Pb), in which the Limit is exceeded. The signs referred to in the first sentence shall be placed below the symbol referred to in paragraph 1. Each symbol shall occupy at least one area equal to one quarter of the area of the symbol referred to in paragraph 1. (4) The symbol referred to in paragraph 1 or the symbol referred to in paragraph 3 shall take an area of less than half a centimetre length and a half. A width of centimetres, the corresponding marking can 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 first and second sentences are valid if the battery is not technically possible. (5) Symbol and signs must be applied in a clearly visible, legible and durable manner. (6) The manufacturer is obliged to use the vehicle and portable batteries. to provide a visible, legible and indelible indication of capacity before being placed on the market for the first time. In determining the capacity and the design of the capacity specification, the requirements laid down in Article 20 (4) shall be taken into consideration. (7) Additional voluntary markings shall be admissible if they do not conflict with of a label referred to in paragraph 1, 3 or 6. Unofficial table of contents

§ 18 Obligation to Hint

(1) distributors have to point out to their customers written or pictorial tablets placed in the immediate field of view of the main customer stream by means of good visibility and legible information,
1.
that, after use, batteries can be returned free of charge at the point of sale,
2.
that the end user is legally obliged to return waste batteries and
3.
the meaning of the symbol referred to in Article 17 (1) and the signs according to Article 17 (3).
Those who place batteries in the mail order to the end user shall have the information referred to in the first sentence in the presentation media used by him or shall accompany them in writing to the goods consignment. (2) The manufacturers shall be obliged to inform the end users of the information referred to in The provisions of paragraph 1 (1) (1) to (3), on the possible effects on the environment and human health of substances contained in batteries, and on the importance of the separate collection and recovery of waste batteries for the environment and health. (3) Insofar as the common withdrawal system The information campaigns referred to in paragraph 2 shall also be carried out by manufacturers of portable batteries not belonging to the common withdrawal system, and shall be obliged to take part in new equipment batteries placed on the market in each of their respective market shares appropriate proportion of the costs of the campaigns. The obligation laid down in paragraph 2 shall be deemed to have been fulfilled in so far as producers who do not belong to the common withdrawal system shall be used in accordance with paragraph 3 for the financing of information campaigns of the common withdrawal system, the said measures shall be: To ensure that information campaigns are neutral in competition.

Section 4
Assignment of third parties, authorisations for regulations, enforcement

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§ 19 appointment of a third party

The third parties who comply with 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. Unofficial table of contents

§ 20 authorisation to enact legal orders

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized by law, which does not require the approval of the Federal Council,
1.
the data required for an indication in accordance with Article 4 (1), first sentence, of the identity and unique identification characteristics of the scoreboard, the contact details of the scoreboard and the data on the performance of the product responsibility by the scoreboard and to determine the data intended for publication in accordance with Article 4 (3), first sentence,
2.
laying down minimum requirements for the treatment and recovery of waste batteries, quotas for the recovery efficiency to be achieved, and specifications for their calculation,
3.
provisions for the implementation of implementing rules pursuant to Article 15 (3) of Directive 2006 /66/EC,
4.
to specify the requirements for the determination of the capacity of vehicle and portable batteries and for the design of the capacity indication; and
5.
To allow exceptions to § 17 (1) to (6).
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Section 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 of § 14. (2) For the implementation of the system § § 47 and 62 of the German Circular Economy Act are to be applied accordingly. The fundamental right to inviolability of the apartment (Article 13 (1) of the Basic Law) is restricted to this extent.

Section 5
Procedural offences, final provisions

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Section 22 Penbual provisions

(1) Contrary to the law, those who intentionally or negligently act
1.
, contrary to the first sentence of Article 3 (1) or the second sentence of paragraph 2, the placing on the market of
2.
, contrary to § 3 paragraph 3, batteries shall be placed on the market
3.
offers batteries, contrary to § 3 paragraph 4, batteries,
4.
Contrary to § 4 (1) sentence 1 in conjunction with a legal regulation pursuant to section 20 (1), an advertisement is not reimbursed, not correct, not complete or not in good time,
5.
Contrary to § 4 (1) sentence 2 in conjunction with a legal regulation pursuant to Section 20 (1), a communication does not make it correct, not complete or does not make it in good 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, point 2, also in conjunction with § 5 paragraph 2, there are not used batteries mentioned there, not correct or not fully recovered,
7.
Contrary to § 5 (1) sentence 2 in conjunction with Section 14 (1) sentence 3, in connection with Section 5 (2), in each case referred to as waste batteries referred to in paragraph 5 (2), not correct or not completely eliminated,
8.
, contrary to Article 6 (1) sentence 2, information is not provided, not correct, not complete or not provided in good time,
9.
, contrary to § 6 (1) sentence 3, an advertisement is not reimbursed, not correct, not complete or not in good time,
10.
, contrary to the first sentence of Article 9 (2) or Article 12 (1) or the second paragraph of Article 12 (2), end-of-life batteries do not provide the common return system for collection,
11.
, contrary to Article 9 (4), the costs referred to there are separated,
12.
Contrary to Article 10 (1) sentence 1 or sentence 2, a pledge shall not be levied or not reimbursed;
13.
, contrary to Article 14 (2), first sentence, the disposal of waste batteries by the vehicle or industry by incineration or landfill,
14.
Contrary to Article 15 (1), first sentence, points 1 to 6, in connection with paragraph 2 or 3 sentence 1 or sentence 3, or contrary to § 15 (1) sentence 1, point 7, a documentation shall not be presented, not correct, not complete or not in good time,
15.
the first sentence of Article 17 (1) or the first sentence of the third sentence of paragraph 3 shall not indicate a battery, not correct or not in good time,
16.
Contrary to Article 17 (6), in conjunction with a regulation pursuant to Section 22 (4), a vehicle or equipment battery does not, is not correct, is not fully or not in good time with a capacity indication, or
17.
Contrary to § 18 (1) sentence 1 or second sentence 2, there is no indication, not correct, not complete or not in the prescribed manner, or not accompanied by a consignment of goods.
(2) In the cases referred to in paragraph 1 (1) to (7), (10), (13) and (14), the administrative offence may be punishable by a fine of up to one hundred thousand euros and, in the other cases, with a fine of up to ten thousand euro. Section 36 (1) (1) of the Code of Administrative Offences 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 and the fines placed in the court proceedings shall also be used. Sums of money whose decay was ordered by the court, the Bundeskasse, which is also the state treasury shall bear the costs imposed. Unofficial table of contents

Section 23 Transitional provisions

(1) § 2 (15) sentence 2, § 3 (1) and (2) and § 17 (1), (3) and (6) sentence 1 shall not apply to batteries which have been placed on the market for the first time in a Member State of the European Union before 1 December 2009. (2) In accordance with the second sentence of Article 10 (1), the conversion rate of Article 1 of Council Regulation (EC) No 2866/98 of 31 December 1998 on the conversion rates between the euro and the euro shall be the amount of the deposit levied before 1 January 2002. the currencies of the Member States which adopt the euro (OJ L 196, 27.7.2001 1), as last amended by Regulation (EC) No 694/2008 (OJ L 359, 31.12.2008, p. 3). (3) For the purposes of determining the collection rate in accordance with Article 15 (1), first sentence, point 4, paragraphs 2 and 3, Article 2 (19) shall apply in respect of the calendar year 2009, subject to the conditions laid down in Article 15 (1), the mass of spent batteries withdrawn during the calendar year shall be proportional to the mass of batteries placed on the market for the first time in that calendar year. (4) For the calendar year 2010, paragraph 3 shall apply, with the proviso that: Mass of spent batteries withdrawn in calendar year 2010 to the mass of the average of the years 2009 (5) The provisions of paragraphs 3 and 4 are, irrespective of the calendar year in question, for the first two years of the activity of a manufacturer's own take-back system. , Unofficial table of contents

Annex to § 17

(Fundstelle: BGBl. I 2009, 1590)