Batteries Act Section 7 Producer-specific collection schemes for waste portable batteries

Batteries Act Section 7 Producer-specific collection schemes for waste portable batteries

(1) Section 6 (1) sentence 1 shall not apply if a producer has set up and operates a collection scheme for waste portable batteries (producer-specific collection scheme) approved by the supreme waste management authority, or by an authority designated by the supreme waste management authority, in the Land in which the producer has its registered office. Approval under sentence 1 shall be granted on application in accordance with paragraphs (2) and (3). If the authority does not reach a decision within a period of three months, approval shall be deemed granted subject to the condition in paragraph (2) sentence 1. The period under sentence 3 shall commence on receipt of the full documentation by the competent authority.

(2) Approval for producer-specific collection schemes shall only be granted subject to the condition that the collection targets stipulated in Section 16 are attained by the dates specified. In all other respects, Section 6 nos. 2 to 5 shall apply mutatis mutandis to producer-specific collection schemes. As part of the approval procedure, the opinion of an independent expert shall be obtained to demonstrate that the preconditions necessary for probable attainment of the targets under sentence 1 are met and the requirements under sentence 2 are complied with. Producer-specific collection schemes may also be approved retroactively subject to the conditions necessary to ensure ongoing compliance with the recycling requirements under Section 14 and the requirements under sentence 2.

(3) Two or more producers may cooperate in establishing and operating a collection scheme under paragraph (1). If two or more producers cooperate in establishing and operating their collection scheme by commissioning a joint third party, the approval under paragraph (1) may be granted to the third party with effect for the cooperating producers; the producer’s registered office for the purposes of paragraph (1) is then that of the commissioned third party. Section 6 (3) no. 9 shall apply mutatis mutandis to the jointly commissioned third party.

(4) Producers of portable batteries who operate an approved producer-specific collection scheme may charge other producers of portable batteries who neither participate in the Joint Collection Scheme nor operate a producer-specific collection scheme for the costs of collection, sorting and recycling or disposal of waste portable batteries that those other producers place on the market and are properly dealt with by the producer-specific collection scheme. The chargeable costs may include the overheads of the producer-specific collection scheme.