Battery-Law-Notices

(Batteriegesetz 2, BattG2, BattG 2)
Act on the Placing on the Market, Return and Environmentally Sound Disposal of Batteries and Accumulators
of 03 November 2020, valid from 1 January 2021

Section 1 General provisions

§ 1 Scope of application

(1) This law applies to all types of batteries, regardless of shape, size, mass, material composition or use. It also applies to batteries that are incorporated into other products or added to other products. The Electrical and Electronic Equipment Act of 20 October 2015 (BGBl. I p. 1739), last amended by Article 12 of the Act of 28 April 2020 (BGBl. I p. 960), as amended, the Product Safety Act of 8 November 2011 (BGBl. I p. 2178, 2179; 2012 I p. 131), which was amended by Article 301 of the Ordinance of 19 June 2020 (BGBl. I p. 2178, 2179; 2012 I p. 131), as amended. June 2020 (Federal Law Gazette I p. 1328), as amended, and the End-of-Life Vehicles Ordinance in the version published on 21 June 2002 (Federal Law Gazette I p. 2214), as last amended by Article 118 of the Ordinance of 19 June 2020 (Federal Law Gazette I p. 1328), as amended, shall remain unaffected.
(2) This Act shall not apply to batteries that are used
1. in equipment connected with the protection of the essential security interests of the Federal Republic of Germany
2. in weapons, ammunition or defence material, with the exception of products that are not procured or used specifically for military purposes, or
3. in equipment for use in outer space.
(3) Unless this Act and the ordinances issued on the basis of this Act contain provisions to the contrary, the Closed Substance Cycle and Waste Management Act, with the exception of Section 17 (4) and Section 54, and the ordinances issued on the basis of the Closed Substance Cycle and Waste Management Act or the Closed Substance Cycle and Waste Management Act in force until 1 June 2012 shall apply as amended. Sections 27, 50 (3), Section 59 (1) sentence 1 and (2) and Sections 60 and 66 of the Closed Substance Cycle and Waste Management Act shall apply accordingly. Legal provisions containing special requirements for the take-back, reuse or disposal of waste batteries, as well as those issued for safety reasons in connection with the transport of dangerous goods, shall remain unaffected.

§ 2 Definitions

(1) The definitions set out in paragraphs 2 to 22 shall apply to this Act.
(2) ‘Batteries’ means sources of electrical energy consisting of one or more non-rechargeable primary cells or rechargeable secondary cells obtained by direct conversion of chemical energy.
(3) ‘battery pack’ means a group of batteries connected together or assembled in an outer casing in such a way that they form a complete unit which cannot be separated or opened by the end-user. Battery packs are batteries within the meaning of this Act.
(4) ‘Vehicle batteries’ are batteries intended for the starter, lighting or ignition of vehicles. Vehicles within the meaning of sentence 1 are land vehicles that are moved by engine power without being tied to railway tracks.
(5) ‘Industrial batteries’ are batteries intended exclusively for industrial, commercial or agricultural purposes, for electric vehicles of any kind or for the propulsion of hybrid vehicles. Automotive batteries are not industrial batteries. The provisions of this Act on industrial batteries shall apply to batteries that are not automotive, industrial or portable batteries.
(6) ‘Portable batteries’ are batteries that are encapsulated and can be held in the hand. Automotive and industrial batteries are not portable batteries.
(7) ‘Button cells’ are small, round portable batteries whose diameter is greater than their height.
(8) ‘Cordless power tools’ are hand-held, battery-powered electrical and electronic equipment within the scope of the Electrical and Electronic Equipment Act, which are intended for maintenance, construction, gardening or assembly work.
(9) ‘Waste batteries’ are batteries that are waste within the meaning of Section 3 (1) sentence 1 of the Closed Substance Cycle Waste Management Act.
(10) ‘Treatment’ means any activity carried out on waste after it has been handed over to a facility for sorting, preparation for recovery or preparation for disposal.
(11) ‘Material recovery’ means the reprocessing of waste materials in a production process for their original purpose or for other purposes, but excluding energy recovery.
(12) ‘Disposal’ means waste disposal within the meaning of Section 3 (26) of the Closed Substance Cycle Waste Management Act.
(13) ‘End-user’ means the person who uses batteries or products with built-in batteries and no longer resells them in the form in which they were supplied to him.
(14) ‘Distributor’ means any person who, irrespective of the method of distribution, offers batteries commercially to end users within the scope of this Act. Offering batteries within the meaning of sentence 1 is the presentation or making available to the public of batteries with a view to concluding a sales contract; this also includes the invitation to submit an offer.
(15) ‘Manufacturer’ means any person who, irrespective of the method of distribution, places batteries on the market for the first time on a commercial basis within the scope of this Act. Distributors and intermediaries who intentionally or negligently offer batteries from manufacturers who or whose authorised representatives are not or not properly registered in accordance with Section 4 (1) sentence 1 shall be deemed to be manufacturers within the meaning of this Act. Sentence 1 and paragraph 14 remain unaffected.
(15a) ‘Authorised representative’ means any natural or legal person or partnership established within the area of application of this Act whom a manufacturer without a place of business within the area of application of this Act has commissioned to perform all tasks in his own name in order to fulfil the manufacturer's obligations under this Act.
(16) ‘Placing on the market’ means the supply to third parties, whether in return for payment or free of charge, with a view to distribution, consumption or use. Commercial importation into the area of application of this Act shall be deemed to be placing on the market. This shall not apply to batteries that are demonstrably re-exported from the area of application of this Act. The supply of batteries manufactured under the trade mark or according to the special requirements of a customer and intended for resale to the customer shall not be deemed to be placing on the market within the meaning of sentence 1.
(16a) ‘Voluntary collection point’ means any non-profit organisation, commercial or other economic enterprise or public body that participates in the collection of waste portable batteries by taking back waste portable batteries or waste portable batteries from other end-users that accumulate on its premises without being obliged to do so.
(17) ‘Commercial waste battery disposers’ are waste management companies certified for the handling of waste batteries within the meaning of Section 56 of the Closed Substance Cycle Waste Management Act whose business operations include the separate collection, treatment, recovery or disposal of waste batteries.
(18) ‘Expert’ means any person who
1. is publicly appointed in accordance with § 36 of the Trade, Commerce and Industry Regulation Act,
2. is authorised to act as an environmental verifier or environmental verifier organisation on the basis of an accreditation pursuant to Sections 9 and 10 or pursuant to Section 18 of the Environmental Audit Act in the version published on 4 September 2002 (Federal Law Gazette I p. 3490), last amended by Article 11 of the Act of 17 March 2008 (Federal Law Gazette I p. 399), as amended, in the area defined in more detail in Annex I Section E Division 38 of Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1), as last amended by Regulation (EC) No 295/2008 (OJ L 97, 9.4.2008, p. 13), as amended, or
3. is established in another Member State of the European Union or in another signatory state to the Agreement on the European Economic Area and wishes to exercise an activity in Germany only temporarily and occasionally and has had his/her professional qualification verified prior to taking up the activity in accordance with Sections 13a and 13b of the Trade Regulation Act; procedures under this number may be handled by a single body.
(19) ‘Recovery rate’ means the percentage that the mass of waste batteries sent for proper recycling in a calendar year represents in relation to the mass of waste batteries collected in that calendar year. Waste batteries exported from the area of application of this Act with the aim of recovery shall only be taken into account to the extent that the requirements of Section 14 (3) have been met.
(20) ‘Recycling efficiency’ of a recovery operation is the quotient of the mass of materials produced by the recovery operation which are no longer waste without further treatment or which are used for their original purpose or for other purposes, with the exception of energy recovery, and the mass of waste batteries fed into the recovery operation.
(21) ‘chemical system’ means the composition of the substances relevant for energy storage in a battery
(22) ‘Type group’ means the grouping of comparable sizes of batteries with the same chemical system.
Section 2 Distribution and take-back of batteries

§ 3 Traffic bans

(1) The placing on the market of batteries containing more than 0.0005 per cent mercury by weight is prohibited.
(2) The placing on the market of portable batteries containing more than 0.002 per cent cadmium by weight is prohibited. Excluded from the ban are portable batteries intended for emergency or alarm systems including emergency lighting and for medical equipment. The first sentence shall not apply to batteries that are exempt from the cadmium ban in Article 4(2)(a) of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 269, 21.10.2000, p. 34), as last amended by Directive 2008/33/EC (OJ L 81, 20.3.2008, p. 62), as amended.
(3) Manufacturers may only place batteries on the market within the scope of this Act if they or their authorised representatives
1. are duly registered with the competent authority in accordance with § 4 paragraph 1 sentence 1, and
2. ensure that waste batteries can be returned in accordance with this Act by fulfilling their take-back obligations under Section 5 in conjunction with Section 7 (1) sentence 1 for portable batteries or under Section 5 in conjunction with Section 8 (1) sentence 1 for automotive and industrial batteries.
(4) Distributors may only offer batteries to the end user within the scope of this Act if they ensure that the end user can return waste batteries in accordance with this Act by fulfilling their take-back obligations under Section 9 (1) sentence 1. The offering of batteries shall be prohibited if their producers or their authorised representatives are not registered or not properly registered contrary to Section 4 (1) sentence 1.
(5) Batteries that are placed on the market within the scope of this Act contrary to paragraphs 1 and 2 shall be withdrawn from the market by the respective manufacturer.

§ 4 Registration of manufacturers

(1) Before a manufacturer places batteries on the market within the scope of this Act, he or, in the case of authorisation pursuant to Section 26(2), his authorised representative shall be obliged to register with the competent authority with the trademark and the respective battery type pursuant to Section 2(4) to (6). The registration shall be granted upon application if all requirements under paragraph 2 and Section 20 paragraph 1 are met. The application for registration must contain the information specified in paragraph 2. The competent authority shall be notified immediately of any changes to the information contained in the application for registration and of any permanent cessation of placing on the market.
(2) The registration pursuant to paragraph 1 sentence 1 shall contain the following information:
1. name and address of the manufacturer or authorised representative, in particular postcode and town, street and house number, country, telephone and fax number, Internet address and e-mail address; in the case of authorisation, also the name and contact details of the manufacturer who is represented,
2. first name and surname of a natural person authorised to represent the company,
3. commercial register number or comparable official register number of the manufacturer, including the European or national tax number of the manufacturer,
4. in the case of authorisation: the authorisation by the manufacturer,
5. trade mark under which the manufacturer intends to place the batteries on the market,
6. type of battery according to § 2 paragraph 4 to 6, which the manufacturer intends to place on the market,
7. when placing portable batteries on the market: Name and address of the take-back scheme in accordance with Section 7 and, if a third party is commissioned in accordance with Section 7 (3), the name and commercial register number or comparable official register number of the commissioned third party,
8. when placing automotive or industrial batteries on the market: a declaration that a take-back facility has been set up in accordance with the requirements of Section 8 and that the persons authorised to take back batteries have access to the offer,
9. a declaration that the information provided is true.
(3) The application for registration pursuant to paragraph 1 sentence 2 and the transmission of the information pursuant to paragraph 2 shall be made via the electronic data processing system made available on the website of the competent authority in accordance with the applicable procedural instructions for the electronic data processing system. The competent authority may authorise exceptions to sentence 1. It may require electronic transmission, specific encryption and the opening of access for the transmission of electronic documents for other communication with manufacturers or their authorised representatives. The procedural instructions pursuant to sentence 1 and the requirements pursuant to sentence 3 shall be published on the website of the competent authority.

§ 5 Take-back obligations of the manufacturer

(1) Producers or, in the case of authorisation pursuant to Section 26(2), their authorised representatives shall be obliged to take back free of charge waste portable batteries collected by distributors pursuant to Section 9(1) sentence 1 and waste portable batteries collected by public waste management authorities pursuant to Section 13(1) and waste portable batteries collected by voluntary collection facilities pursuant to Section 13a and to treat and recycle them in accordance with Section 14. Non-recyclable waste batteries shall be disposed of in accordance with Section 14.
(2) Paragraph 1 shall also apply to waste batteries arising from the treatment of waste appliances in accordance with the provisions of the Electrical and Electronic Equipment Act and from the treatment of end-of-life vehicles in accordance with the provisions of the End-of-Life Vehicles Ordinance.

§ 6 (omitted)

§ 7 Take-back systems for waste portable batteries

(1) Each producer of portable batteries or its authorised representative shall set up and operate its own take-back scheme for waste portable batteries in order to fulfil its take-back obligations under Section 5. The establishment and operation of the take-back scheme shall be subject to authorisation by the competent authority. Authorisation shall be granted upon application in accordance with paragraphs 2 and 3. If the authority has not decided on the authorisation within a period of three months, it shall be deemed to have been granted. The period pursuant to sentence 4 shall commence upon receipt of the complete documentation by the competent authority.
(2) A take-back scheme may only be authorised if it is proven that the collection target prescribed in § 16 is achieved. Authorisation may only be granted if the take-back scheme
1. offers the collection of waste portable batteries free of charge to all distributors, all public waste management authorities, all treatment facilities pursuant to Section 12 (1) and (2) and all voluntary collection centres,
2. guarantees the nationwide take-back of waste portable batteries from all distributors, all public waste management authorities, all treatment facilities pursuant to Section 12 (1) and (2) and all voluntary take-back centres that have made use of the offer pursuant to number 1 (affiliated take-back centres),
3. provides the affiliated take-back centres free of charge with suitable take-back containers and transport containers that meet the requirements of dangerous goods legislation,
4. collects the waste portable batteries provided by the affiliated collection centres free of charge within 15 working days, regardless of their quality, type, brand or origin, as soon as
a) distributors and voluntary take-back centres have reached and reported a collection weight of 90 kilograms and
b) public waste management organisations and treatment facilities pursuant to Section 12 (1) and (2) have reached and reported a collection weight of 180 kilograms,
unless a lower collection weight has been agreed; when determining the collection weights between the take-back scheme and the connected take-back centre, the storage capacity and the hazardous nature of the storage of waste portable batteries shall be taken into account; if a distributor does not reach the required collection weight in a calendar year, it may nevertheless request the take-back scheme to collect the returned waste batteries once; and
5. sends the waste portable batteries collected from the affiliated collection points for recovery in accordance with § 14 or for disposal.
The existence of the necessary conditions for the probable achievement of the objective under sentence 1 and compliance with the requirements under sentence 2 shall be substantiated by an independent expert's report as part of the authorisation procedure. The authorisation of a take-back scheme may also be subsequently linked to conditions that are necessary to ensure long-term compliance with the recovery requirements under Section 14 and the requirements under sentence 2.
(3) Several producers or their authorised representatives may cooperate in setting up and operating a take-back scheme pursuant to subsection (1) sentence 1. If several manufacturers or their authorised representatives cooperate in setting up and operating their take-back scheme by commissioning a third party, the authorisation pursuant to paragraph 1 may be granted to the third party with effect for the cooperating manufacturers or their authorised representatives. The application for authorisation shall clearly identify the cooperating producers or their authorised representatives. The joint third party shall ensure the confidentiality of the data available to it insofar as it concerns manufacturer-specific information or information that is or can be directly attributed to individual manufacturers or their authorised representatives.
(4) The operator of a take-back scheme shall notify the competent authority without delay of any changes to the information contained in the application for authorisation and of any permanent cessation of operation.
(5) The take-back schemes shall publish the following information on their websites by the end of 31 May each year, while respecting business and trade secretstlichen:
1. the ownership and membership structure,
2. the financial contributions made by the members per portable battery placed on the market or per mass of portable batteries placed on the market,
3. the procedure for selecting the disposal service and
4. the recycling efficiencies achieved in their own system.
(6) The application for authorisation pursuant to paragraph 1 sentence 2 and the transmission of the information pursuant to paragraph 2 shall be made via the electronic data processing system made available on the website of the competent authority in accordance with the applicable procedural instructions for the electronic data processing system. The competent authority may authorise exceptions to sentence 1. It may require electronic transmission, specific encryption and the opening of access for the transmission of electronic documents for other communication with the manufacturers or their authorised representatives and with the take-back systems. The procedural instructions pursuant to sentence 1 and the requirements pursuant to sentence 3 shall be published on the website of the competent authority.

§ Section 7a Ecological organisation of contributions

The take-back systems are obliged to create incentives to minimise the use of hazardous substances in the manufacture of portable batteries when assessing the contributions of manufacturers or authorised representatives. The durability, reusability and recyclability of portable batteries must also be taken into account when calculating the contributions. The respective contribution must be based on the individual chemical systems of the portable batteries.

§ 8 Take-back of waste automotive and industrial batteries

(1) Producers of automotive and industrial batteries or their authorised representatives shall ensure compliance with their obligations under Section 5 by
1. the distributors for the waste automotive and industrial batteries taken back by them in accordance with Section 9 (1) sentence 1, and
2. the treatment facilities pursuant to Section 12 (1) and (2) for the waste automotive and industrial batteries that accumulate there
offer a reasonable and free-of-charge return option for waste automotive and industrial batteries arising there and recover the recovered waste batteries in accordance with Section 14. The producers of automotive and industrial batteries or their authorised representatives shall be obliged to provide the financial and organisational means to comply with the obligation under sentence 1. Distributors or treatment facilities shall not be obliged to hand over these waste batteries to manufacturers or their authorised representatives.
(2) For waste automotive and industrial batteries, the manufacturers or their authorised representatives, distributors, treatment facilities pursuant to Article 12(1) and (2) and end-users concerned may conclude agreements that deviate from the first sentence of paragraph 1.
(3) Where waste automotive and industrial batteries are recovered by distributors, treatment facilities pursuant to Section 12 (1) and (2), public waste management authorities or commercial waste battery disposal companies pursuant to Section 14, the obligation of the producers or their authorised representatives under Section 5 shall be deemed to have been fulfilled.

§ 9 Obligations of the distributors

(1) Every distributor shall be obliged to take back waste batteries from end-users free of charge at or in the immediate vicinity of the retail outlet. The take-back obligation pursuant to sentence 1 shall be limited to waste batteries of the type defined in Section 2 (2) to (6) which the distributor carries or has carried as new batteries in its product range and to the quantity which end users normally dispose of. Sentence 1 does not extend to products with built-in waste batteries; the Electrical and Electronic Equipment Act and the End-of-Life Vehicles Ordinance remain unaffected. In the mail order business, the commercial transaction within the meaning of sentence 1 is the dispatch warehouse.
(2) Distributors pursuant to paragraph 1 sentence 1 shall be obliged to hand over returned waste portable batteries to a take-back scheme pursuant to Section 7 paragraph 1 sentence 1. The commitment to a take-back scheme shall be for at least twelve months. Cancellation is only permitted up to three months before the end of the agreed term or, if no term has been agreed, up to three months before the end of the twelve months. If the notice period is not observed or no cancellation is declared, the term shall be extended by at least twelve further months. Sentences 2 and 3 shall not apply if the authorisation of the take-back scheme lapses during the term.
(3) If a distributor does not make use of the offer under Section 8 (1) and recycles automotive and industrial batteries himself or hands them over to third parties for recycling, he shall ensure that the requirements of Section 14 are met. For automotive and industrial batteries that the distributor hands over to a commercial waste battery disposal company with the aim of recovery, the requirements of Section 14 shall be deemed to be fulfilled in favour of the distributor. Sentence 2 shall also apply to automotive batteries that the distributor hands over to a public waste management organisation with the aim of recovery.
(4) The costs for the take-back, sorting, recovery and disposal of waste portable batteries may not be shown separately to the end user when new portable batteries are sold.

§ 10 Deposit obligation for vehicle batteries

(1) Distributors who supply vehicle batteries to end users shall be obliged to charge a deposit of EUR 7.50 including VAT per vehicle battery if the end user does not return a waste vehicle battery at the time of purchase of a new vehicle battery. The distributor who collected the deposit is obliged to refund the deposit when a used vehicle battery is returned. The distributor may issue a deposit stamp when collecting the deposit and make the refund of the deposit dependent on the return of the deposit stamp. If the waste automotive battery is not returned to the distributor collecting the deposit, the authorised collector under Section 11(3) who takes back the waste automotive battery is obliged to confirm in writing or electronically at the end user's request that the battery has been taken back without a deposit refund. By way of derogation from sentence 2, a distributor who offers automotive batteries by means of distance communication shall also be obliged to refund the deposit upon presentation of written or electronic proof of return in accordance with sentence 4, which is not older than two weeks at the time of presentation.
(2) If vehicle batteries installed in vehicles are sold or passed on to the end user, the deposit obligation shall not apply.

§ 11 Obligations of the end user

(1) Owners of waste batteries must dispose of them separately from unsorted municipal waste. Sentence 1 shall not apply to waste batteries that are installed in other products; the Electrical and Electronic Equipment Act and the End-of-Life Vehicles Ordinance shall remain unaffected.
(2) Waste portable batteries shall be collected exclusively via take-back centres that are affiliated to the take-back systems pursuant to Section 7 (1) sentence 1.
(3) Waste automotive batteries shall be collected exclusively via the distributors, the public waste management authorities and the treatment facilities pursuant to Section 12 (2). By way of derogation from sentence 1, end users that are commercial or other economic enterprises or public institutions may hand over their waste automotive batteries directly to the producers or commercial waste battery disposal companies.
(4) Waste industrial batteries shall be collected exclusively via the distributors, the treatment facilities pursuant to Section 12 (2) and commercial waste battery disposers, unless otherwise agreed pursuant to Section 8 (2); compliance with the requirements of Section 14 shall be ensured.

§ Section 12 Third-party transfer and utilisation obligations

(1) Operators of treatment facilities for waste electrical and electronic equipment under the Electrical and Electronic Equipment Act shall be obliged to hand over waste portable batteries arising during treatment to a take-back scheme in accordance with Section 7 (1) sentence 1.
(2) Operators of treatment facilities for end-of-life vehicles in accordance with the End-of-Life Vehicles Ordinance shall be obliged to hand over waste portable batteries generated during treatment to a take-back scheme in accordance with Section 7 (1) sentence 1.
(3) The commitment to a take-back scheme shall be for at least twelve months. Cancellation is only permitted up to three months before the end of the agreed term or, if no term has been agreed, up to three months before the end of the twelve months. If the notice period is not observed or no cancellation is declared, the term shall be extended by at least twelve further months. Sentences 1 and 2 shall not apply if the authorisation of the take-back scheme lapses during the term.
(4) Section 9(3) shall apply mutatis mutandis to waste automotive and industrial batteries arising from treatment in accordance with paragraphs 1 and 2.

§ 13 Participation of the public waste management organisations

(1) The public waste management authorities shall be obliged to take back, free of charge, waste portable batteries that are to be separated from the electrical or electronic equipment by the end user in accordance with Section 10 (1) sentence 2 of the Electrical and Electronic Equipment Act. These waste portable batteries shall be handed over to a take-back scheme in accordance with Section 7 (1) sentence 1. Sentence 2 shall also apply if public waste management organisations voluntarily participate in the take-back of other waste portable batteries. The commitment to a take-back scheme shall be for at least twelve months. Cancellation is only permitted up to three months before the end of the agreed term or, if no term has been agreed, up to three months before the end of the twelve months. If the notice period is not observed or no cancellation is declared, the term shall be extended by at least twelve further months. Sentences 3 and 4 shall not apply if the authorisation of the take-back scheme lapses during the term.
(2) Public waste management organisations may participate in the take-back of waste automotive batteries. If they participate, they shall be obliged to recycle the collected waste automotive batteries in accordance with Section 14.

§ Section 13a Participation of voluntary collection centres

Voluntary take-back centres shall hand over the waste portable batteries that are generated and taken back to a take-back scheme in accordance with Section 7 (1) sentence 1. The commitment to a take-back scheme shall be for at least twelve months. Cancellation is only permitted up to three months before the end of the agreed term or, if no term has been agreed, up to three months before the end of the twelve months. If the cancellation period is not observed or no cancellation is declared, the term shall be extended by at least twelve further months. Sentences 2 and 3 shall not apply if the authorisation of the take-back scheme lapses during the term. The agreement with the respective take-back scheme must at least contain provisions on the type and location of the return.

§ 14 Recycling and disposal

(1) All collected and identifiable waste batteries shall be treated in accordance with the state of the art and recycled. The treatment must include at least the removal of all liquids and acids. The following recycling efficiencies shall be achieved:
1. 65 per cent of the average mass of spent lead-acid batteries at the highest level of recycling of the lead content that is economically reasonable and technically achievable,
2. 75 per cent of the average mass of waste nickel-cadmium batteries at the highest level of recycling of the cadmium content that is economically feasible and technically achievable,
3. 50 per cent of the average mass of other waste batteries.
In particular, the calculation of recycling efficiencies set out in Commission Regulation (EU) No 493/2012 of 11 June 2012 laying down detailed rules for the calculation of recycling efficiencies of recycling processes for spent batteries and accumulators pursuant to Directive 2006/66/EC of the European Parliament and of the Council (OJ L 151, 12.6.2012, p. 9) shall be taken into account. The competent authority within the meaning of Article 3(4) of the Ordinance is the Federal Environment Agency. The Federal Environment Agency shall transmit the notifications pursuant to Article 3(4) of Regulation (EU) No 493/2012 to the Länder for information purposes. Unidentifiable waste batteries and residues from waste batteries that have previously been properly treated and recycled shall be disposed of in a manner compatible with the common good in accordance with the state of the art.
(2) The disposal of waste automotive and industrial batteries by incineration or landfill is prohibited. This shall not apply to residues from waste batteries that have previously been properly treated and recycled.
(2a) The treatment and storage of waste batteries in treatment facilities may only take place
1. at sites with impermeable surfaces and a suitable, weatherproof cover, or
2. in suitable containers.
Sentence 1 shall also apply to temporary storage.
(3) Treatment and recovery pursuant to paragraph 1 may be carried out outside the scope of this Act if the shipment of waste batteries complies with the requirements of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste batteries. June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1, L 318, 28.11.2008, p. 15), as last amended by Regulation (EC) No. 669/2008 (OJ L 188, 16.7.2008, p. 7), as amended, and the requirements of the ordinance pursuant to Section 27 number 2.
(4) Waste batteries exported in accordance with Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council destined for recovery operations to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 316, 4.12.2007, p. 6), which are not subject to the OECD Decision on the control of transboundary movements of wastes (OJ L 316, 4.12.2007, p. 6). 2007, p. 6), as amended by Regulation (EC) No 740/2008 (OJ L 201, 30.7.2008, p. 36), as amended from time to time, shall only be taken into account for the fulfilment of the obligations under paragraph 1 if there is conclusive evidence that the recovery has taken place under conditions that meet the requirements of this Act and the ordinances adopted pursuant to this Act.

§ 15 Performance review

(1) Each take-back scheme pursuant to Section 7 (1) sentence 1 shall submit documentation to the Federal Environment Agency by the end of 30 April each year in accordance with sentence 3, providing information on
1. the mass of portable batteries placed on the market in the previous year by its members or, in the case of authorisation, by the manufacturers represented by the authorised representatives, within the scope of this Act and remaining within the scope of this Act, broken down by chemical system and type group,
2. the mass of waste portable batteries taken back by the authorised representative in the previous year, broken down by chemical system and type group, showing separately masses taken back by the authorised representative and masses taken back by and purchased from other take-back schemes,
3. the mass of waste portable batteries recycled by it in the previous year, broken down by chemical systems and type groups; exported waste portable batteries and waste portable batteries recycled outside the scope of this Act shall be reported separately,
4. the collection rate for waste portable batteries achieved in the own system in accordance with § 16,
5. the recycling rate for waste portable batteries achieved in its own system in accordance with Section 2 (19), and
6. the qualitative and quantitative recovery and disposal results.
Each producer or its authorised representative shall be obliged to provide the take-back scheme it operates with the information required to fulfil the reporting obligations under sentence 1 at the request of the take-back scheme. The documentation pursuant to sentence 1 shall be submitted by the take-back schemes pursuant to Article 7 paragraph 1 sentence 1 in a version audited and certified by an independent expert. The take-back schemes shall ensure that, at the latest after five years of continuous inspection by the same expert, another independent expert carries out the inspection and confirmation of the documentation. Each take-back scheme shall publish the documentation to be submitted in accordance with sentence 1 on its website within one month of submission to the Federal Environment Agency. In the case of a loan pursuant to Section 23, the Federal Environment Agency shall forward the documentation of the take-back schemes to the authorised party upon receipt.
(2) The take-back schemes pursuant to Section 7 (1) sentence 1 shall report to the Federal Environment Agency annually by the end of 30 April on the ecological design of the contributions of their producers or their authorised representatives, in particular on how they have implemented the requirements pursuant to Section 7a when calculating the contributions.
(3) For distributors of automotive and industrial batteries, paragraph 1 sentence 1 numbers 2, 3, 5 and 6 shall apply with the proviso that reports must be submitted on the collection and recycling of waste automotive and industrial batteries. The documentation shall be submitted at the request of the Federal Environment Agency in a version verified and certified by an independent expert. Manufacturers of automotive and industrial batteries or their authorised representatives may submit documentation jointly for several distributors. They must publish the data on the recovery rates achieved for waste automotive and industrial batteries in the previous year on their website by the end of 31 May each year.
(3a) In the case of Section 13 (2), paragraph 1 sentence 1 numbers 2, 3 and 6 shall apply to the public waste management organisation with the proviso that reports on the take-back and recovery of waste automotive batteries must be submitted.
(4) The Federal Environment Agency may publish recommendations in the Federal Gazette on the format and structure of the documentation referred to in paragraphs 1 and 2. The Federal Environment Agency is authorised, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to develop test guidelines to be observed by the independent experts when testing and confirming the documentation pursuant to paragraph 1.

§ 16 Collection target

(1) The take-back schemes pursuant to Section 7 (1) sentence 1 must each achieve and permanently ensure a collection rate of at least 50 per cent in their own system for waste portable batteries.
(2) To calculate the collection rate under subsection (1), the mass of waste portable batteries taken back within the scope of this Act in a calendar year shall be set in relation to the mass of portable batteries that were first placed on the market within the scope of this Act on average in the calendar year in question and the two preceding calendar years and that are available for separate collection within the scope of this Act. In the calculation pursuant to the first sentence, the mass of waste lead-acid portable batteries taken back may only be used to the extent that it does not exceed the mass of waste lead-acid portable batteries placed on the market for the first time that are available for separate collection within the scope of this Act.
(3) If a producer switches from one take-back scheme to another take-back scheme, the mass of portable batteries placed on the market shall only be attributed to the new take-back scheme when calculating the collection rate pursuant to paragraph 2 from the time of the switch. For the calculation of the collection rate, portable batteries previously placed on the market shall remain with the previous take-back scheme.
Section 3 Labelling, information obligations

§ 17 Labelling

(1) Before placing batteries on the market for the first time, the manufacturer shall be obliged to label them with the symbol in accordance with paragraphs 4 and 5 of this Annex.
(2) The symbol referred to in paragraph 1 shall cover at least 3 per cent of the largest surface area of the battery, but not more than 5 centimetres in length and 5 centimetres in width. If the object to be labelled is cylindrical in shape, the symbol referred to in paragraph 1 must cover at least 1.5 percent of the surface of the object, but not more than 5 centimetres in length and 5 centimetres in width.
(3) The manufacturer shall be obliged to label batteries containing more than 0.0005 per cent by mass of mercury, more than 0.002 per cent by mass of cadmium or more than 0.004 per cent by mass of lead with the chemical symbols of the metals (Hg, Cd, Pb) for which the limit value is exceeded before placing them on the market for the first time in accordance with the requirements of sentences 2 and 3 and paragraphs 4 and 5. The symbols in accordance with sentence 1 must be placed below the symbol in accordance with paragraph 1. Each symbol must cover at least one quarter of the area of the symbol referred to in paragraph 1.
(4) If the symbol in accordance with paragraph 1 or the sign in accordance with paragraph 3 occupies an area of less than half a centimetre in length and half a centimetre in width, the corresponding marking may be omitted. Instead, the symbol and sign shall be applied to the packaging in a size of at least one centimetre in length and one centimetre in width. Sentences 1 and 2 shall apply accordingly if it is not technically possible to label the battery.
(5) The symbol and mark must be clearly visible, legible and permanently affixed.
(6) The manufacturer shall be obliged to mark automotive and portable batteries with a visible, legible and indelible capacity indication before placing them on the market for the first time. When determining the capacity and the design of the capacity marking, the requirements laid down by statutory order pursuant to Section 27(3) and Commission Regulation (EU) No 1103/2010 of 29 November 2010 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, rules on the indication of capacity on portable secondary (rechargeable) batteries and accumulators and on automotive batteries and accumulators (OJ L 313, 30.11.2010, p. 3) shall be complied with.
(7) Additional voluntary labelling is permitted, provided that it does not conflict with labelling in accordance with paragraphs 1, 3 or 6.

§ Section 18 Notification and information obligations

(1) Distributors shall inform their customers by means of clearly visible and legible written or pictorial signs placed in the immediate field of vision of the main customer flow,
1. that batteries can be returned free of charge after use in the retail shop,
2. that the end user is legally obliged to return used batteries, and
3. the meaning of the symbol according to § 17 paragraph 1 and the symbols according to § 17 paragraph 3.
Any person who sells batteries by mail order to the end user shall provide the information referred to in the first sentence in the presentation media used by him or enclose it in writing with the consignment.
(2) Manufacturers shall be obliged to inform end-users about
1. the provisions referred to in paragraph 1 sentence 1,
2. waste prevention measures and measures to prevent littering,
3. the possibilities of preparing waste batteries for reuse,
4. the possible effects of the substances contained in batteries on the environment and human health, in particular the risks associated with the handling of batteries containing lithium, and
5. the importance of separate collection and recycling of waste batteries for the environment and human health.
(3) The take-back schemes pursuant to Section 7 (1) sentence 1 shall be obliged to jointly inform end-users to an appropriate extent about
1. the obligation under Article 11(1) to dispose of waste portable batteries
2. the meaning and purpose of the separate collection of waste portable batteries
3. the take-back systems that have been set up and
4. the take-back centres.
The information pursuant to sentence 1 shall be provided at regular intervals and shall include both local and supra-regional measures. In order to fulfil their obligations under sentence 1, the take-back schemes pursuant to Section 7 (1) sentence 1 shall jointly commission a third party. The commissioned third party shall set up an advisory board consisting of the following representatives:
1. representatives of the public waste management organisations,
2. representatives of consumer protection organisations
3. representatives of the producer and trade associations,
4. representatives of the waste management industry and
5. representatives of the federal states and the federal government.
The Advisory Board shall adopt its own rules of procedure. The take-back schemes pursuant to Section 7 (1) sentence 1 shall bear the costs in proportion to the market share of the mass of portable batteries placed on the market by the manufacturers involved either themselves or via an authorised representative.
(4) The take-back schemes pursuant to Section 7 (1) sentence 1 shall design a common standardised marking for take-back points, make it available to the take-back points free of charge and permanently promote its use at the take-back points. The take-back schemes pursuant to Section 7 (1) sentence 1 may also jointly commission a third party to fulfil the obligation under sentence 1. Paragraph 3 sentence 6 shall apply accordingly.
Section 4 Competent authority

§ 19 Competent authority

The competent authority is the Federal Environment Agency.

§ Section 20 Responsibilities of the competent authority

(1) The competent authority shall register the manufacturer at his request with the trade mark, company name, place of establishment or registered office, address and name of the authorised representative and the type of battery within the meaning of Section 2 (4) to (6) and shall issue the manufacturer with a registration number. In the case of Section 26(2), the competent authority shall register the authorised representative with the information specified in sentence 1 and with the contact details of the represented manufacturer and shall issue a registration number for each represented manufacturer. Registration may only be granted to producers of portable batteries or their authorised representatives if the producer or authorised representative has set up and operates a take-back scheme pursuant to Section 7 (1) sentence 1 that is approved with effect for him.
(2) The competent authority shall authorise the take-back schemes pursuant to Section 7 (1) sentence 1 at the request of the manufacturer or authorised representative or at the request of the authorised third party in accordance with Section 7 (2) and (3). The competent authority shall review regularly, at the latest every three years, whether the conditions for authorisation are met.
(3) The competent authority shall publish the following information on registered manufacturers and registered authorised representatives on its website:
1. name, address and internet address of the manufacturer or his authorised representative,
2. in the case of authorisation: Name and address of the authorised representative,
3. the type of battery according to § 2 paragraph 4 to 6 that the manufacturer places on the market,
4. the trade mark under which the manufacturer places the batteries on the market,
5. for portable batteries: The name and legal form of the take-back scheme pursuant to Section 7 (1) sentence 1 that the manufacturer or its authorised representative has set up and operates,
6. in the case of automotive or industrial batteries: a declaration that return facilities have been set up and the means by which authorised persons can access the offer.
The publication shall be subdivided according to producers of portable, automotive and industrial batteries and must contain the information specified in sentence 1 and the date of registration for each producer. For manufacturers that have left the market, the date of market exit must also be stated. The information referred to in sentence 1 shall be deleted from the Internet three years after the date of the manufacturer's notified withdrawal from the market. Sentences 2 to 4 shall apply in the case of authorisation with the proviso that the data on the authorised representative shall be published for each manufacturer represented.
(4) The competent authority shall publish the name and address of the authorised take-back systems pursuant to Section 7 (1) sentence 1 on its website.

§ Section 21 Powers of the competent authority

(1) Notwithstanding Section 49 of the Administrative Procedure Act, the competent authority may revoke the registration, including the registration number, if
1. the manufacturer or his authorised representative does not set up and operate a take-back system in contravention of Section 7 (1) sentence 1
2. the manufacturer repeatedly fails to label batteries or fails to label them correctly in contravention of Section 17 (1) to (6), or
3. insolvency proceedings are opened against the assets of the producer or his authorised representative or the opening of insolvency proceedings is refused for lack of assets.
In the cases referred to in sentence 1 number 3, the registration, including the registration number, shall be revoked upon the opening of insolvency proceedings against the manufacturer's assets unless the insolvency administrator or, if self-administration has been ordered, the manufacturer immediately makes a binding declaration to the competent authority that he will fulfil the manufacturer's obligations under this Act. Sentence 2 shall apply mutatis mutandis if insolvency proceedings are opened in respect of the authorised representative's assets in the event of authorisation.
(2) Notwithstanding Section 49 of the Administrative Procedure Act, the competent authority may revoke the authorisation of a take-back scheme pursuant to Section 7 (1) sentence 1 if
1. the operator of the take-back scheme is in serious breach of his obligations under Section 7 (2) sentence 2
2. the operator of the take-back scheme not only insignificantly violates a condition pursuant to Section 7 (2) sentence 4 or an order pursuant to Section 28 (1),
3. in the case of Section 7 (3), no producer or authorised representative continues to operate the take-back scheme, or
4. the operator of the take-back scheme does not achieve the collection target pursuant to Section 16 in a calendar year.
The competent authority shall revoke the authorisation of a take-back scheme pursuant to Section 7 (1) sentence 1 if insolvency proceedings are opened against the assets of the take-back scheme or if the opening of insolvency proceedings is rejected due to lack of assets. The authorisation of a take-back scheme shall be revoked if the competent authority determines that the operation of the take-back scheme has been discontinued.

§ Section 22 Fully automated issuance of administrative acts

Administrative acts of the competent authority pursuant to Sections 20, 21 and 28 (1) may, notwithstanding Section 24 (1) sentence 3 of the Administrative Procedure Act, be issued entirely by automated devices, provided there is no reason for the individual case to be handled by public officials.
Section 5 Lending

§ Section 23 Authorisation for lending

(1) The competent authority shall be authorised to entrust the Joint Body of Producers under the Electrical and Electronic Equipment Act with the tasks and powers under Section 4 (3), Section 7 (6), Sections 20 to 22 and Section 28 (1). The tasks include the enforcement, withdrawal and revocation of the administrative acts issued in this regard. The party to be mortgaged must offer the necessary guarantee for the proper fulfilment of the tasks assigned to it. This is guaranteed if
1. the persons who are responsible for management and representation in accordance with the law, the articles of association or the partnership agreement are reliable and professionally qualified,
2. the borrower has the necessary equipment and organisation to fulfil its tasks and
3. it is ensured that the regulations on the protection of personal data and the protection of business and trade secrets are complied with.
(2) The competent authority may delegate to the lender the power to charge fees and expenses in accordance with the Federal Fees Act for the fulfilment of the tasks specified in paragraph 1 and to determine how the fees and expenses are to be paid by the fee debtor. If, in the course of the fulfilment of the tasks referred to in paragraph 1, the entrusted party incurs expenses for non-individually attributable public services or other expenses that are not covered by the fees and expenses charged by the entrusted party, or if the power referred to in sentence 1 is not delegated, the competent authority shall reimburse the entrusted party for the costs and expenses incurred in the fulfilment of the tasks referred to in paragraph 1.
(3) The competent authority shall publicise the delegation of authority in the Federal Gazette.
§ Section 24 Supervision
(1) The person entrusted shall be subject to the legal and technical supervision of the competent authority.
(2) If the delegatee does not fulfil the tasks assigned to it or does not fulfil them sufficiently, the competent authority shall be authorised to carry out the tasks itself or, in individual cases, to have them carried out by an authorised representative.
(3) The competent authority may demand reimbursement of the costs incurred by it for the legal and technical supervision pursuant to paragraph 1. The amount of the claim may not exceed the revenue budgeted in the federal budget for the implementation of legal and technical supervision.

§ 25 Termination of the loan

(1) The entrustment ends when the entrusted party is dissolved.
(2) The competent authority may, without prejudice to Section 49 of the Administrative Procedure Act, revoke the entrustment if the entrusted party does not fulfil the assigned tasks properly.
(3) The person entrusted may request the termination of the entrustment in writing from the competent authority at any time. The request must be complied with within a period of time that is necessary for the competent authority to take over and continue the fulfilment of tasks in accordance with Section 4 (3), Section 7 (6), Sections 20 to 22 and Section 28 (1).
Section 6 Commissioning of third parties, authorisation to issue ordinances, implementation

§ Section 26 Commissioning of third parties and authorisation

(1) The obligated parties under this Act may commission third parties to fulfil their obligations; Section 22 sentences 2 and 3 of the Closed Substance Cycle Waste Management Act shall apply accordingly.
(2) Producers who do not have an establishment within the scope of this Act may appoint an authorised representative to fulfil their obligations under Sections 4, 5, 7 (1) sentence 1, Section 8 and Section 15 (3) sentences 3 and 4. The authorised representative shall fulfil his duties in his own name. Each manufacturer may only appoint one authorised representative. The authorisation pursuant to sentence 1 must be made in writing and in German.

§ Section 27 Authorisation to issue ordinances

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is hereby authorised, by ordinance not requiring the approval of the Bundesrat, to
1. to lay down minimum requirements for the treatment and recovery of waste batteries,
2. to issue regulations for the implementation of implementing provisions pursuant to Article 15(3) of Directive 2006/66/EC
3. to lay down requirements for determining the capacity of automotive and portable batteries and for the design of capacity labelling, and
4. to authorise exemptions from Article 17(1) to (6).

§ 28 Enforcement

(1) The competent authority shall issue such orders to the take-back systems pursuant to Section 7 (1) sentence 1 as are necessary to ensure compliance with the requirements pursuant to Section 7 (2) and the recovery requirements pursuant to Section 14 on a permanent basis.
(2) Section 47 (1) to (6) and Section 62 of the Closed Substance Cycle and Waste Management Act shall apply mutatis mutandis to the enforcement of this Act. The fundamental right to inviolability of the home (Article 13 (1) of the Basic Law) shall be restricted in this respect.
Section 7 Provisions on fines, final provisions

§ Section 29 Fines

(1) Any person who intentionally or negligently
1. places batteries on the market contrary to § 3 paragraph 1 or 2 sentence 1,
2. places batteries on the market contrary to § 3 paragraph 3,
3. offers batteries contrary to § 3 paragraph 4 sentence 1,
3a. offers batteries contrary to § 3 paragraph 4 sentence 2,
4. does not register, does not register correctly, does not register completely or does not register in time, contrary to § 4 paragraph 1 sentence 1,
5. contrary to § 4 paragraph 1 sentence 4, fails to submit a change notification or fails to do so correctly, completely or on time,
6. contrary to § 5 paragraph 1 sentence 1 in conjunction with § 14 paragraph 1 sentences 1, 2 or 3, in each case also in conjunction with § 5 paragraph 2, does not, not correctly or not completely recycle waste batteries specified therein,
7. contrary to § 5 paragraph 1 sentence 2 in conjunction with § 14 paragraph 1 sentence 7, in each case also in conjunction with § 5 paragraph 2, fails to dispose of waste batteries specified therein, or fails to dispose of them correctly or completely,
8 (omitted)
9. (deleted)
10. contrary to § 9 paragraph 2 sentence 1 or § 12 paragraph 1 or paragraph 2, fails to hand over waste portable batteries to a take-back system,
11. contrary to § 9 paragraph 4, itemises the costs specified therein separately,
12. contrary to § 10 paragraph 1 sentence 1, 2 or sentence 5, fails to charge or refund a deposit,
13. disposes of waste automotive or industrial batteries by incineration or landfill contrary to § 14 paragraph 2 sentence 1,
14. contrary to Section 15 (1) sentence 1, also in conjunction with (3) sentence 1, fails to submit documentation or fails to submit it correctly, completely or on time,
14a. fails to submit a report or fails to do so in good time in contravention of Article 15 paragraph 2,
14b. fails to ensure that the collection quota specified in Section 16 (1) is achieved, contrary to Section 16 (1),
15. contrary to § 17 paragraph 1 sentence 1 or paragraph 3 sentence 1, does not label a battery, does not label it correctly or does not label it in time,
16. in contravention of Section 17(6), also in conjunction with an ordinance pursuant to Section 27(3), fails to label a vehicle or portable battery with a capacity indication, or fails to label it correctly, completely or in good time, or
17. contrary to § 18 paragraph 1 sentence 1 or sentence 2, fails to provide a notice, or fails to provide it correctly, completely or in the prescribed manner, or fails to enclose it with a consignment of goods.
(2) The administrative offence may be punished in the cases of paragraph 1 numbers 1 to 7, 10, 13, 14 and 14b with a fine of up to one hundred thousand euros, in the other cases with a fine of up to ten thousand euros.
(3) The administrative authority within the meaning of Section 36(1)(1) of the Administrative Offences Act shall be the Federal Environment Agency in the cases of subsection (1)(2), (3a) to (5) and (14) to (14b).
(4) In the cases referred to in subsection (3), the fines ordered in court proceedings and the amounts of money ordered to be collected by the court under section 29a of the Administrative Offences Act shall also accrue to the Federal Treasury, which shall also bear the costs imposed on the State Treasury.

§ 30 Confiscation

If an administrative offence under section 29(1) has been committed, objects may be confiscated,
1. to which the offence relates or
2. which were used or intended for the commission or preparation of the offence.
§ Section 23 of the Administrative Offences Act shall apply.

§ Section 31 Transitional provisions

(1) Section 2 (15) sentence 2, Section 3 (1) and (2) and Section 17 (1), (3) and (6) sentence 1 shall not apply to batteries that were first placed on the market in a Member State of the European Union before 1 December 2009. § Section 3(1) shall not apply to button cells and battery packs composed of button cells with a mercury content of no more than 2% by weight that were first placed on the market before 1 October 2015. § Section 3 (2) sentence 1 shall not apply to batteries intended for use in cordless power tools that were placed on the market for the first time before 1 January 2017.
(2) By way of derogation from Section 3 (3), manufacturers who have already notified the Federal Environment Agency of their placing on the market in accordance with Section 4 (1) sentence 1 of the Batteries Act of 25 June 2009 in conjunction with the Ordinance on the Implementation of the Batteries Act of 12 November 2009, in each case in the version applicable until the end of 31 December 2020, need not be registered with the competent authority in accordance with Section 4 until 1 January 2022, unless there have been changes to the notified information before then.
(3) By the end of 31 December 2021, the Federal Environment Agency shall publish on its website the following data provided by the manufacturers notified by the end of 31 December 2020 in accordance with Section 4 in the version applicable by the end of 31 December 2020:
1. name and legal form of the manufacturer
2. address of the manufacturer, consisting of postcode, city and state
3. internet address of the manufacturer,
4. the type of battery pursuant to Section 2 (4) to (6) that the manufacturer intends to place on the market and the trade mark under which the manufacturer operates,
5. when placing portable batteries on the market: a declaration that the manufacturer has set up its own take-back scheme for waste portable batteries and the name and legal form of the third party authorised by the manufacturer to operate its own take-back scheme,
6. when placing automotive and industrial batteries on the market: a declaration that a take-back facility for waste batteries has been set up in accordance with the requirements of Section 8, as well as information on the type of take-back facility set up and the access of authorised persons to the offer.
(4) Take-back schemes pursuant to Section 7 (1) sentence 1 that have already been approved by the competent authority for waste management at the producer's registered office or by an authority designated by it by the end of 31 December 2020 shall continue to be deemed approved until the end of 31 December 2021 at the latest. Amendments to permits already granted and orders pursuant to Section 28 (1) shall be made until the end of 31 December 2021 by the authority responsible for waste management at the registered office of the producer or by an authority designated by it.
(5) Sections 7a and 15 (2) shall not apply until 1 January 2023.
(6) To determine the collection rate pursuant to Section 15 (1) sentence 1 number 4, (2) and (3), Section 16 shall apply to the first calendar year of operation as a take-back scheme, subject to the proviso that the mass of waste portable batteries taken back in that calendar year shall be set in relation to the mass of portable batteries placed on the market for the first time in that calendar year.
(7) For the second calendar year of a take-back scheme's activity, Section 16 shall apply with the proviso that the mass of waste portable batteries taken back in the second calendar year shall be set in relation to the mass of portable batteries placed on the market for the first time in the average of the first two calendar years of the take-back scheme's activity.