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Further reduction of permissible pollutant levels in batteries and accumulators

New Batteries Act further reduces permissible cadmium levels in batteries and accumulators – determination of binding collection rates for battery manufacturers

The Act Revising the Law of Waste-Related Product Responsibility for Batteries and Accumulators promulgated in the Federal Law Gazette on 30 June 2009 transposes the European Batteries Directive into national law in Germany. By 1 December 2009 this law will replace the current Batteries Ordinance in force since 1998. Apart from setting minimum levels for the use of cadmium and mercury, the law also determines binding quota for the first time for the collection of spent portable batteries and makes it mandatory for manufacturers and importers dealing in the German market to enrol in a national manufacturer's register.

Since the entry into force of the Batteries Ordinance in 1998 manufacturers, importers and distributors in Germany have basically been responsible for collecting and managing the waste of spent batteries and accumulators. The collection of waste batteries is largely arranged through the trade distribution chain. For the portable batteries segment manufacturers and importers set up a foundation responsible for an independent collection system for spent batteries, the GRS (www.grs-batterien.de).

The European Union undertook a basic revision of the framework for the waste management of spent batteries with the entry into force of Directive 2006/66/EC on 26 September 2008. The practice already in place in Germany of involving manufacturers, importers and distributors of batteries and accumulators in the responsibility for the collection and waste management of their products has now become the basic principle of waste battery management in the whole of Europe.

The Act Concerning the Placing on the Market, Collection and Environmentally Compatible Waste Management of Batteries and Accumulators (Batteriegesetz – BattG) is the centre piece for the transposition of the Directive into German law. The Act limits the use of mercury and cadmium in batteries and accumulators and determines binding collection rates for portable batteries amounting to 35% by 2012 and 45% by 2016. These rates have to be met by manufacturers and importers through a nationwide collection system. For automotive and industrial batteries the tried and tested collection systems of the trade chain will remain in tact.

An official manufacturer's register will ensure that manufacturers and importers live up to this waste management related product responsibility. As of 1 December 2009 manufacturers and importers will only be allowed to place batteries and accumulators on the market if they have previously enrolled in a register kept by the Federal Environment Agency (www.umweltbundesamt.de) and given an indication on how they will follow up on their product responsibility. In future the Federal Environment Agency will, moreover, also be in charge of the nationwide prosecution of administrative offences and imposing fines in cases where the manufacturers and importers of batteries and accumulators do not fulfil their obligation for proper collection and waste management of their products.