Battery Law Implementation Act in Germany: What companies need to know about the BattDG

Anyone who is considered a manufacturer must register with the competent authority before the first sale. Registration is based on brand and category. Batteries may not be placed on the market without valid registration; retailers may not supply batteries if the manufacturer is not properly registered.

Anyone who places batteries on the market in Germany must not only be registered, but also demonstrate that they have a legally compliant take-back solution. In practice, this usually means that the company participates in an approved organisation for producer responsibility (OfH), reports its battery categories and quantities there, and registers the OfH on the ear portal. This participation ensures that the take-back and disposal of used batteries is organised.

If a company sells batteries to end users, it must take back used batteries free of charge. In brick-and-mortar shops, this is done via the point of sale; in online shops, via a suitable return option within a reasonable distance from the customer. The collected used batteries must then be handed over to the responsible organisation for manufacturer responsibility. In addition, retailers must inform their customers about returns and proper disposal by means of clearly visible information. Before distribution, it should also be checked whether the manufacturer of the batteries is properly registered.

Companies must not only initiate their obligations once, but also store them with reliable data during ongoing operations. Correct information on the brand, battery category, quantities and responsibility is particularly relevant. Manufacturers must provide their OfH (e.g. Zentek) with the information it needs to fulfil its legal reporting obligations. The OfH, in turn, must submit its documentation in a verified and confirmed form.

In addition to take-back and registration obligations, there are also information obligations. Retailers must inform end users about the return options and the correct disposal of used batteries. At the same time, there is a clear practical point: without proper registration, a manufacturer may not legally distribute its batteries, and retailers may not simply resell such batteries.

Companies should therefore check at an early stage what role they play in battery law, whether registration is required, how the take-back solution is organised and what data needs to be maintained on an ongoing basis. This is particularly relevant for importers, own-brand suppliers and online retailers, because the role of manufacturer arises more frequently here than many companies initially assume.