Batteries Act Section 1 Application

Batteries Act Section 1 Application

(1) This Act shall apply to all types of batteries, regardless of their shape, size, mass, material composition or use. It shall also apply to batteries incorporated into other products or provided with other products. It shall apply without prejudice to the Electrical and Electronic Equipment Act [Elektro- und Elektronikgerätegesetz] of 16 March 2005 (BGBl. I p. 762), last amended by Article 3 of the Act of 19 July 2007 (BGBl. I p. 1462) and as amended from time to time, and without prejudice to the End-of-Life Vehicles Ordinance [Altfahrzeug-Verordnung] as published on 21 June 2002 (BGBl. I p. 2214), last amended by Article 364 of the Ordinance of 3 April 2009 (BGBl. I p. 738) and as amended from time to time.

(2) This Act shall not apply to batteries used:

1. In equipment connected with the protection of the essential security interests of the Federal Republic of Germany;

2. In arms, munitions or war material, with the exclusion of products that are not procured or deployed for specifically military purposes;

3. In equipment designed to be sent into space.

(3) Unless otherwise provided in this Act or in subordinate legislation issued under it, the Closed Substance Cycle and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz] and subordinate legislation issued thereunder shall apply as amended from time to time. Section 26, Section 43 (3), Section 54 (1) sentence 1 and Section 58 of the Closed Substance Cycle and Waste Management Act and Section 1 (2) sentence 1 of the Ordinance on Transport Licences [Transportgenehmigungsverordnung] of 10 September 1996 (BGBl. I p. 1411; 1997 p. 2861), last amended by Article 5 of the Act of 19 July 2007 (BGBl. I p. 1462), shall apply mutatis mutandis. The obligations to offer waste and make waste available under Section 13 (4) of the Closed Substance Cycle and Waste Management Act shall not apply to waste batteries separately collected under this Act.