As reported by the Federal Ministry for the Environment, the German government has decided to make changes to national battery law in order to implement the EU Batteries Regulation (EU-BattVO (EU) 2023/1542), which requires batteries to be handled sustainably throughout their entire life cycle. The new Battery Law Implementation Act (BattDG) replaces the previous Battery Act (BattG) (take-e-way reported: Battery Act expires) and regulates responsibilities for topics such as waste battery management, supply chain obligations and substance restrictions. The BattDG is expected to come into force on 18 August 2025, following consultations between the Bundesrat and Bundestag.
Here are the important aspects for producers and sellers:
- The foundations for effective enforcement of the provisions of the EU Batteries Regulation and the law are laid.
- Responsibilities and authorisations for the new tasks arising from the EU Batteries Regulation are defined.
- The new regulations in the BattDG concern, among other things, the conformity of batteries, due diligence obligations in the supply chain and procedures for changing restrictions on substances as well as design and labelling.
- The producers responsible for all batteries will be held accountable for the objectives of separate collection and high-quality recycling.
- The current collection rate of 50 per cent for waste batteries from electrical appliances in Germany is higher than the current requirements of the EU Batteries Regulation. The BattDG therefore maintains this higher German collection rate until the end of 2026 and follows on seamlessly from the ambitious requirements of the EU Batteries Regulation.
- Damaged batteries can easily self-ignite. To counteract this, in addition to the European legal requirements on the removability of batteries from electrical appliances, the return of used batteries to producers is being made easier. Producers have the option of setting up and operating their own producer responsibility organisations or participating in existing organisations.
- Producer responsibility organisations already require approval under European law and must provide a guarantee for the organisation's failure. The details of the authorisation and the assessment of the amount of the guarantee are regulated.
- The mandatory deposit on starter batteries from vehicles remains in place due to the positive experiences made in the past.
- All batteries and all electrical appliances with batteries, no matter how small, must be disposed of correctly by consumers.
- Municipal take-back centres are obliged to take back waste portable batteries and waste batteries from light vehicles such as e-bikes and e-scooters.
- Violations of the BattVO and the BattDG are punished and irregular behaviour is sanctioned.
- National law is to be adapted to the new European requirements.
If you would like to register in Germany as a producer of WEEE / electrical appliances, batteries or packaging or if you have any questions about extended producer responsibility (EPR), please contact our advisory service at beratung@take-e-way.de or +49/40/750687-0.
For solutions relating to the EU Batteries Regulation, EU product labelling or packaging labelling and, in particular, disposal labelling, please contact the trade-e-bility consulting team at beratung@trade-e-bility.de or +49/40/750687-300.
For more information on our international compliance services related to the placing on the market of electronic devices, batteries and packaged products or packaging, please click here: www.take-e-way.com/international-compliance
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