Batteries Act Section 22 Penalties

Batteries Act Section 22 Penalties

(1) An administrative offence is committed by anyone who deliberately or negligently:

1. Places batteries on the market in contravention of Section 3 (1) sentence 1 or (2) sentence 1;

2. Places batteries on the market in contravention of Section 3 (3);

3. Supplies batteries to end-users in contravention of Section 3 (4);

4. In contravention of Section 4 (1) sentence 2 read in conjunction with secondary legislation issued under Section 20 no. 1, fails to give notification or does not give correct, complete and timely notification;

5. In contravention of Section 5 (1) sentence 1 read in conjunction with Section 14 (1) sentence 1 or sentence 2 read in conjunction with subordinate legislation issued under Section 20 (2), each additionally read in conjunction with Section 5 (2), fails to recycle or does not properly or completely recycle the waste batteries referred to in the provisions concerned;

6. In contravention of Section 5 (1) sentence 2 read in conjunction with Section 14 (1) sentence 3, each additionally read in conjunction with section 5 (2), fails to dispose of or does not properly or completely dispose of the waste batteries referred to in the provisions concerned;

7. In contravention of Section 6 (1) sentence 2, fails to provide information or does not provide correct, complete and timely information;

8. In contravention of Section 6 (1) sentence 3, fails to give notification or does not give correct, complete and timely notification;

9. In contravention of Section 9 (2) sentence 1 or Section 12 (1) or (2), fails to make available waste portable batteries for collection by the Joint Collection Scheme;

10. In contravention of Section 9 (4), separately shows the costs referred to in that provision;

11. In contravention of Section 10 (1) sentence 1 or sentence 2, fails to collect or refund a deposit;

12. In contravention of Section 14 (2) sentence 1, disposes of automotive or industrial batteries by incineration or in a landfill;

13. In contravention of Section 15 (1) sentence 1 nos. 1 to 6, each read in conjunction with Section 15 (2) or (3) sentence 1 or sentence 3, or in contravention of Section 15 (1) sentence 1 no. 7, fails to submit records or does not submit correct, complete and timely records;

14. In contravention of Section 17 (1) sentence 1 or (3) sentence 1, fails to label a battery or does not label a battery correctly or by the stipulated time;

15. In contravention of Section 17 (6) read in conjunction with subordinate legislation issued under Section 22 no. 4, fails to mark an automotive or portable battery with an indication of its capacity or does not do so correctly, completely or by the stipulated time;

16. In contravention of Section 18 (1) sentence 1 or sentence 2, fails to provide the required information or include it with the delivered goods or does not provide it or include it with the delivered goods correctly or in the stipulated manner;

(2) Administrative offences under paragraph (1) nos. 1 to 6, 9, 12 and 13 shall be punishable with a fine of up to fifty thousand euros; the remaining administrative offences shall be punishable with a fine of up to ten thousand euros.

(3) In the case of administrative offences under paragraph (1) nos. 2, 4, 7 and 13, the administrative authority within the meaning of Section 36 (1) no. 1 of the Administrative Offences Act [Gesetz über Ordnungswidrigkeiten] shall be the Federal Environment Agency.

(4) In the cases referred to in paragraph (3), fines imposed in court proceedings and amounts whose forfeiture is imposed by a court shall go to the Federal Treasury, which shall also meet any costs the state may be instructed to pay.