Changes to Batteries Act

The new Batteries Act (BattG) will bring about several changes, the main contents and effects of which we would like to inform you about here.

Legal foundations

You can download the draft of the new BattG decided upon by the cabinet on 20th May 2020 (in German) here. The underlying battery directive (DIRECTIVE 2006/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6th September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC) can be found at.

Producer

If you place batteries on the market in Germany as a producer, you need no longer report this to the German Environment Agency in future, but must apply for a registration at stiftung ear beforehand. If you are a producer located abroad, you can register yourself, or appoint an authorised agent located in Germany. This authorised agent will be responsible for your obligations as a producer derived from the BattG in his own name. If the authorised agent is no longer appointed by you, the obligations will be your responsibility again.

Application will be possible punctually via the ear-portal. If you place portable batteries on the market, you can and must deposit information in the ear-Portal on your participation in an approved colletion scheme for waste portable batteries. If you apply to register automotive or industrial batteries, you must deliver a statement on the successful installation of a return option for these batteries pursuant to your registration application.

If you are already registered as a producer of electrical and electronic equipment at stiftung ear, you will conveniently be able to apply for any required registrations for batteries in future using your already existing account in the ear-portal. 

As a producer that already reported the placing of batteries on the market according to the previous legal requirements to the German Environment Agency, you must be registered at stiftung ear by 1st January 2022 at the latest. Please note that you will only benefit from this transitional period if there are no changes of the statements made towards the German Environment Agency. Should for example the brand or type of battery or your company data have changed, the obligation to register will be effective directly on the new BattG coming into force. You should therefore definitely check the data submitted to the German Environment Agency to ensure it is updated.

Important: New producers who need a registration from 1st January 2021 on, should definitely register with the German Environment Agency before. It will only be possible to apply for registrations with stiftung ear from 1st January 2021 on.

Collection points for waste portable batteries

Due to the discontinuation of the joint collection scheme the take back of waste portable batteries currently, and also according to the new BattG, will only be performed exclusively by collection schemes installed by one or more producers. As collection point for waste portable batteries, these collection schemes must offer you pick-up free of charge. If such an offer is not made, you can get in touch with stiftung ear from 1st January 2022, which can and will then prompt the collective scheme to submit an offer. 

Important: We will inform you here how you as a collection point can submit this information to us.

Take-back of waste automotive and industrial batteries

Producers or their authorised agents must offer a reasonable and free-of-charge option to take-back waste automotive and industrial batteries

  • accepted by you as distributor of automotive and industrial batteries respectively
  • ammassed in your activity as treatment facility.

You can also make other agreements with the producers and authorised agents. There is no obligation to leave these waste batteries with the producers or authorised agents. 

As örE (public waste disposal authority) you can accept waste automotive batteries voluntarily. There is no obligation to accept waste industrial batteries for örE, also not according to the new BattG.

Collection schemes for waste portable batteries 

As a collection scheme for waste portable batteries you must have the installation and operation of your collection scheme approved by stiftung ear in future.

If your collection scheme was already approved prior to the new BattG´s entry into force, this approval is only valid until the latest 31st December 2021. Changes to these approvals, as well as orders to adhere to approval preconditions and the recovery requirements will be made by the responsible authority for waste management at the domicile of the producer, or by an authority determined by this authority. 

To be able to confirm your connected producers and authorised agents beyond the 31st December 2021 the participation in your collection scheme as a approved collection scheme, it can be an advantage to create an account as a collection scheme in the ear-Portal before the 31st December 2021 and be approved  by stiftung ear. Thereby you will enable your connected producers and authorised agents a smooth transition.

Important: We will inform you in time here, from when and how you can create an account as a collection scheme in the ear-portal and how you can apply for approval for installation and operation of your collection scheme for waste portable batteries at stiftung ear.

Disclaimer

The information shown here is based on a decision of the cabinet of the Federal Republic of Germany of 20th May 2020 on a ‘draft of a first law to change the Batteries Act’ (BattG-E). During the ongoing legislative procedure changes of the BattG-E are possible. Therefore all information is under reservation of possible legal changes and is legally not binding.

Until entry into force of the new BattG the actual legal regulations stay valid.