Authorised representative under the Batteries Act in Germany

The new Batteries Act (BattG) will take effect on 1 January 2021. The Batteries Act (BattG) is the implementation of the Batteries Directive of the European Union into national law. The Act essentially governs the marketing, take-back and environmentally compatible disposal of batteries and accumulators. Amongst other things, it prescribes binding take-back quotas and limit values for the use of cadmium and mercury.In addition, the Batteries Act obliges manufacturers and importers that place batteries and accumulators on the German market to register at the compentent authoritiy, which is called Foundation EAR (Stiftung Elektro-Altgeräte Register), starting 1 January 2021 (until 31 December  2020 a notification in the Federal Environment Agency’s register is required).

The changes made to the Batteries Act also include an authorised representative for manufacturers based outside Germany, who is able to assist you in complying with your obligations as a manufacturer. In this respect, we have created the possibility for you to appoint get-e-right as your authorised representative under the Batteries Act. As your representative, we will take over almost all obligations of manufacturers according to the Batteries Act in Germany, enabling you to concentrate on producing and selling your batteries and accumulators.

Our services as your authorised representative as contemplated by the Batteries Act

  • registering as an authorised representative for your company pursuant to Section 4 of the Batteries Act with the Stuftung EAR
  • organising the take-back obligations under Section 5 of the Batteries Act as an authorised representative for your company
  • joining a take-back system for your portable batteries in accordance with Section 7 of the Batteries Act as an authorised representative
  • creating return possibilities for your industrial batteries under Section 8 of the Batteries Act as an authorised representative
  • participating in or carrying out a performance review in accordance with Section 15 Batteries Act as an authorised representative

Your advantages when authorising get-e-right GmbH as your representative

  • Legal certainty through the handling of almost all obligations and duties arising from the Batteries Act
  • Free consultation regarding the Batteries Act
  • Convenient and fast reporting of sales quantities online via take-e-way’s customer portal
  •  Attractive terms and conditions

Overview of the new features of the Batteries Act from 2021 onwards

  • The novel features of the Batteries Act that will take effect as of 1 January 2021 now also include an authorised representative for manufacturers based outside Germany, who can assist you in complying with your obligations as a manufacturer. (see “Our services as your authorised representative...” above)
  • Batteries (already reported & not yet reported) must be registered with the foundation Electrical Used Equipment Register (EAR) from 2021, and no longer reported to the Federal Environment Agency (UBA)
  • The previous obligation to notify authorities (which was free of charge) will become a registration subject to a fee
  • A common take-back system for spent portable batteries is no longer applicable; in future, all manufacturers of portable batteries are obliged to participate in a take-back system for spent equipment batteries pursuant to Section 7 of the Batteries Act 2
  • The duty to take back spent automotive and industrial batteries is supplemented by the obligation to maintain the financial and organisational resources necessary for the take-back of spent batteries
  • Take-back systems for spent portable batteries are subject to central registration with the EAR foundation
  • The notification and information obligations of distributors, manufacturers and take-back systems will be updated
  • The collection rate for spent portable batteries is increased from 45 to 50 per cent
  • Additional notes: For manufacturers already registered with the UBA with their current data, a transitional period for registration with the EAR foundation applies until 31 December 2021. The fulfilment of the statutory requirements under the Batteries Act remains publicly verifiable and visible (risk of admonitions!)

Contact

Our advisers will be pleased to be available for a free consultation to answer any questions you may have about our services: Please phone +49-(0)40/750687-0 or send an e-mail message to consulting@get-e-right.de