Registration according tois a permanent administrative act, not a contract or membership. As a producer/authorised agent you are registered with a brand and a type of battery. For further brands and/or further battery types you apply for each with a separate registration. This should be submitted under the same applicant’s account and therefore under the same registration number.
As a producer of batteries, or respectively as their authorised agent, you have different obligations that are valid as long as the registration is not revoked. Depending on the type of battery the obligations differ.
- Marking obligation
Mark batteries permanently with the symbol of the crossed-out wheeled bin before placing them on the market. This is to alert the end user to the fact that batteries must not ever be disposed of in normal waste bins, and that the user is legally obligated to hand in all waste batteries to the respective collection points.
- Collection obligation
As a producer of batteries, or respectively the authorised agent thereof, you are obligated according to § 5 BattG to take back the waste batteries collected by the distributors, as well as the waste portable batteries reported by the public waste disposal authorities and those collected voluntary by the collection points , free of charge, and to recover them.
- You fulfil the collection obligation for portable batteries by installing, or respectively participating, in a collection scheme, more.
- You fulfil the collection obligation for industrial and/or automotive batteries by offering a reasonable and cost-free option of returning these batteries and by recovering the collected waste batteries. For this, though, it is possible to make deviating agreements, more.
If a company registered as a producer/authorised agent changes its company name, the legal form, or if restructuring leads to further corporate law changes, this can have an effect on the registration. This is why you cannot change the company name in the ear-portal yourself.
► Important: Please notify stiftung ear (stating the registration number to email@example.com) of the change of company name, legal form, or the restructuring and the registration data (address, legal representative, etc.) Please add appropriate documents (historical trade register excerpt, contracts,) from which the changes can be derived.
Stiftung ear will then check whether it is possible to take over the registration and consequently the registration number. If this is the case, the company data will be changed, charges apply.
Should only the company name change, or be it only an identity retaining change of form according to §§ 190 pp UmwG, the registration can be taken over.
Should there be further corporate law changes (i.e. merger),then registration can only be taken over if the rights and obligations of the company registered to date have been fully transferred to the newly created company where the corporate law change according to universal succession applies.
If individual rights and obligations from one registered producer are transferred to another company, it is possible that this company must apply for registration again.
The sooner you inform stiftung ear of pending corporate law changes, the more time you have to apply for a new registration should that be necessary.