Don't Get Fined! The Battery Law in Germany and Italy Every Manufacturer Must Know

The Battery Law in Germany and Italy: What do companies need to consider?

For companies that manufacture and sell batteries, special regulations set out in the Battery Law apply in Germany and Italy. The goal of the law is to ensure the protection of the environment and human health by ensuring environmentally friendly production, marketing, and disposal of batteries. To do so, companies must register with national authorities and ensure that all batteries and accumulators are marked with the symbol of a crossed-out trash can. They must also provide information on environmentally friendly disposal and take back used batteries for disposal.

Although the provisions of the Battery Law are similar in both countries, there are also differences. While the German Battery Law regulates the registration, labeling, and disposal of batteries within Germany, the EU-wide Directive 2006/66/EC applies to all member states. In addition, penalties for violating the law differ in both countries. Therefore, companies should familiarize themselves with the specific requirements in Germany and Italy and, if necessary, seek legal advice to ensure that all requirements are met.

Selling batteries in Germany? Here's what you need to watch out for!

For a company that manufactures and sells batteries, some of the most important points to consider regarding the Battery Law (BattG) are as follows:

1. Registration obligation: The company must register with the EAR Foundation (Foundation for Electrical Appliances Register) and apply for a registration number to market batteries and accumulators in Germany.
2. Labeling obligation: All batteries and accumulators must be marked with the symbol of a crossed-out trash can to indicate that they cannot be disposed of in normal household waste.
3. Information obligation: The company is obliged to provide information on environmentally friendly battery disposal and inform its customers that they can return used batteries free of charge.
4. Obligation to take back: The company must take back used batteries and accumulators free of charge and dispose of them in an environmentally friendly manner. It must ensure that the batteries are properly collected, stored, transported, and treated.
5. Reporting obligation: The company must regularly report data on batteries and accumulators marketed and submit an annual report on the batteries collected and disposed of to the EAR Foundation.

However, these points are only a rough summary of the main requirements related to the Battery Law. It is recommended to study the specific provisions of the BattG in detail and, if necessary, seek legal advice to ensure that all requirements are met.

?

These 7 things you need to know about the Battery Law

For a company that manufactures and sells batteries, the most important points from the Battery Law and Directive 2006/66/EC are as follows:

1. Registration requirement: The company must register with the national authority before it may place batteries on the market.
2. Labelling requirement: All batteries must be labelled with the symbol of a crossed-out waste bin to indicate that they must not be disposed of with normal household waste.
3. Restriction of hazardous substances: The use of certain hazardous substances such as lead, mercury and cadmium in batteries is restricted.
4. Collection targets: The company must ensure that a certain amount of used batteries is collected and disposed of.
5. Consumer information: The company is obligated to provide information on the environmentally friendly disposal of batteries and to inform its customers that they can return used batteries for free.
6. Take-back obligation: The company must take back and dispose of used batteries and accumulators free of charge in an environmentally friendly manner.
7. Reporting requirement: The company must regularly submit reports on the quantity and type of batteries it places on the market, as well as on the quantity of used batteries taken back.

This is what you need to know about the Battery Law and EU-Directive 2006/66/EC.

The Battery Law and Directive 2006/66/EC are fundamentally similar in terms of their objectives and provisions, as the Battery Law represents the transposition of the Directive into national law. However, there are some differences between the Battery Law and Directive 2006/66/EC, such as:

1. Responsibilities: The Battery Law regulates the manufacture, marketing, and disposal of batteries within Germany, while the Directive applies EU-wide and obliges Member States to transpose its provisions into national law.
2. Details: The Battery Law contains some additional details and specifications that are not included in the Directive, such as specific provisions for the registration and labelling of batteries.
3. Penalties: The Battery Law sets the penalties that may be imposed for violations of its provisions, while the Directive only contains general requirements regarding sanctions.
4. Implementation: Member States may have certain differences in the implementation of the Directive into national law, which may result in differences in the implementation between the various EU countries. Therefore, the Battery Law may differ from other national laws transposing the Directive.

It is important to note that the Battery Law and Directive 2006/66/EC complement each other and that the Battery Law, as a national law, is in line with the Directive.

?

Italy compared to Germany: Who has the better battery law?

The Battery Law (BattG) and the Legislative Decree of the Italian Republic, dated September 3, 2020, n. 118 have some similarities, but also some differences.

Similarities:

• Both laws regulate the handling and disposal of batteries and accumulators.
• They require batteries and accumulators to be disposed of separately and not in household waste.
• Both laws also place responsibility for disposal on the manufacturers and importers of batteries and accumulators.

Differences:

• The BattG applies in Germany, while the Legislative Decree n. 118 applies in Italy.
• The laws have different requirements for the labeling of batteries and accumulators.
• The Italian law requires registration of manufacturers and importers of batteries and accumulators, while the German law does not.
• The Italian law includes specific provisions for the disposal of batteries and accumulators, while the German law delegates this to the responsibility of the federal states.

Overall, there are similarities and differences between the Battery Law and the Legislative Decree of the Italian Republic, dated September 3, 2020, n. 118. However, both laws aim to ensure environmentally sound disposal of batteries and accumulators and to hold manufacturers and importers responsible.

Battery manufacturers beware: How to avoid expensive fines in Germany and Italy

As a battery manufacturer, it is important to comply with the specific requirements of the Battery Law in Germany and the Legislative Decree in Italy. In both countries, companies must register with national authorities, label batteries and accumulators with the symbol of a crossed-out waste bin, and provide information on environmentally sound disposal. There is also an obligation to take back used batteries and accumulators free of charge and dispose of them in an environmentally sound manner. The specific requirements in both countries may vary, and it is recommended to familiarize oneself with them and, if necessary, seek legal advice to ensure compliance with all requirements.

?

Source Reference:

https://www.iea.org/policies/15684-eu-directive-200666ec-battery-directive

https://www.gesetze-im-internet.de/battg/BJNR158210009.html

https://www.gazzettaufficiale.it/eli/id/2020/09/12/20G00136/sg