According to information from anwalt.de, a producer of electricity storage systems for solar power systems has been warned for a violation of the Battery Act, as an electricity storage system of its brand was offered without registration as a producer/distributor. The warning demands a declaration to cease and desist and a contractual penalty as well as claims for information and damages.
In order to offer batteries, the brand and battery type must be registered with the EAR Foundation in accordance with the Battery Act. Sellers/importers are legally regarded as producers and must also register – this also applies to imports from other EU countries.
You – but also your competitors – can find out whether a battery with a specific brand has been registered in the directory of registered manufacturers and registered authorised representatives under the Batteries Act on the website of the EAR Foundation. Failure to register in accordance with the Battery Act or Electrical and Electronic Equipment Act may be considered anti-competitive and may also result in fines being imposed by the Federal Environment Agency.
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
Here you will find useful EPR services for your sales via Amazon & Co.
