Although European regulations apply directly in all EU Member States, the Batteries Regulation contains opening clauses and specific regulatory mandates for national legislators. Consequently, German battery law required alignment with the Regulation. The BattDG now provides this alignment and establishes detailed national rules on battery distribution, collection, treatment, and reporting obligations, as well as the organization of producer responsibility schemes.

What does it mean for you?

As a general principle, the BattDG only lays down rules if

• Certain specifications are necessary for the implementation of the directly applicable Batteries Regulation,
• The Batteries Regulation itself requires the Member States to lay down national rules, or
• The Member States are given a margin of discretion with regard to specific regulations.

Against this background, the BattDG consists of the following parts:

• Part 1: General requirements
• Part 2: Requirements for the management of waste batteries
• Part 3: Determination of the authorities involved in the restriction procedure for substances
• Part 4: Rules on the conformity of batteries
• Part 5: Requirements regarding due diligence obligations in the supply chain
• Part 6: Authorizations to issue ordinances
• Part 7: Provisions on fines and final provisions

Against this background, the most relevant aspects of the BattDG are as follows:

• Art. 3 para. 1 no. 47 of the Batteries Regulation contains a detailed definition of the term "producer". Sec. 3 no. 1 BattDG supplements this definition. To this end, producer shall also mean any distributor who intentionally or negligently offers batteries from producers who are not, or whose authorised representatives are not duly authorised in accordance with Art. 55 of the Batteries Regulation in connection with Sec. 5 BattDG. This principle of "producer fiction" (Herstellerfiktion) intends to achieve self-regulation of the market in order to prevent large numbers of batteries from unregistered producers from being placed on the market.
• According to Art. 57 para. 1 of the Batteries Regulation, Member States may adopt measures to make mandatory the appointment of a producer responsibility organisation by producers.

Sec. 7 para. 1 BattDG makes use of this competence. Consequently, in Germany producers of batteries have to participate in a producer responsibility organisation to ensure the nationwide take-back in each battery category. To this end, producers must specify the battery category and the maximum mass of batteries placed on the market per calendar year. The producer responsibility organisations must immediately confirm participation to the producers in writing or electronically, stating the battery category and the maximum mass of batteries placed on the market per calendar year. Similar organisations already exist for packaging and electrical and electronic equipment.

• Pursuant to Art. 55 para. 6 of the Batteries Regulation, where a producer has appointed a producer responsibility organisation, the registration obligations under Art. 55 of the Batteries Regulation shall be met by that organisation unless otherwise specified by the Member State. The BattDG makes use of this opening clause and requires the producer to comply with the registration obligation also in cases in which a producer responsibility organisation has been appointed (see Sec. 5 para. 1 BattDG).
• Pursuant to Art. 59 para. 3 sentence 1 letter a) of the Batteries Regulation, producers of portable batteries or, where appointed, producer responsibility organisations, shall attain, and maintain permanently, at least a collection target for waste portable batteries of 45 percent by 31 December 2023. In contrast, Sec. 13 para. 1 BattDG sets out that producer responsibility organisations must achieve a collection rate of at least 50 percent for waste portable batteries and maintain such collection rate on a permanent basis.
• Art. 62 para. 1 and 2 of the Batteries Regulation sets out various obligations for distributors of portable batteries and batteries for light means of transport (such as e-bikes and e-scooters). For example, distributors shall take back waste batteries from the end-user free of charge and without imposing an obligation on the end-user to buy or to have bought a new battery, regardless of their chemical composition, brand or origin. Sec. 14 BattDG sets out supplementary provisions in this regard. For example, according to Sec. 14 para. 3 BattDG, distributors are obliged to hand over returned waste portable batteries and waste batteries for light means of transport to a producer responsibility organisation approved for the respective battery category. The distributor must conclude a contract with the producer responsibility organisation for at least twelve months. Such contract may be terminated only with a three months notice period before the end of the agreed term or, if no term has been agreed, with a three months notice period before the end of the twelve months. If the notice period is not observed or no cancellation is declared, the term is extended by at least twelve further months.

Similar principles apply under Sec. 18 para. 3 BattDG with respect to distributors of starting, industrial and electric vehicle batteries.

• The Batteries Regulation does not provide for a deposit return system for batteries. Instead, Art. 63 mandates that, by 31 December 2027, the Commission shall assess the feasibility and potential benefits of establishment of deposit return systems for batteries, in particular for portable batteries of general use.

In contrast, under Sec. 19 para. 1 BattDG distributors who supply starting batteries to end users are obliged to charge a deposit of EUR 7.50 including VAT per starting battery if the end user does not return an old starting battery at the time of purchasing a new one. The distributor who charged the deposit is obliged to refund the deposit when an old starting battery is returned. Note that this deposit return system for starting batteries is not an innovation by the BattDG. Sec. 10 of the former German Battery Act already provided for such a system.

Which actions should I take?

The Battery Law Implementation Act (BattDG) has now been enacted and is in force. All producers, importers and distributors of batteries, as well as fulfilment service providers must ensure that they comply with the new legal requirements. The BattDG introduces significant and ambitious obligations regarding the distribution, collection, treatment and recycling of batteries.

It is essential for all affected economic operators to thoroughly review the text of the BattDG and assess its impact on their business operations. Ongoing monitoring of regulatory developments and active engagement with business associations remain advisable, in order to address any practical challenges or disproportionate requirements that may arise during implementation.