Batteries Act Annex (to Section 17)

Batteries Act Annex (to Section 17)

Article 2 Amendments to the Electrical and Electronic Equipment Act

The Electrical and Electronic Equipment Act of 16 March 2005

(BGBl. I p. 762), last amended by Article 3 of the Act of 19 July 2007 (BGBl. I p. 1462) is amended as follows:

1. Section 2 (3) sentence 2 is amended as follows:
After the words “Waste Management Act”, the word “and” is replaced by a comma and after the words “Ordinance on Transport Licences (TgV)” the following words are inserted: “, Section 8 (2) to (10) of the Equipment and Product Safety Act (GPSG) of 6 January 2004 (BGBl. I p. 2), last amended by Article 3 (33) of the Act of 7 July 2005 (BGBl. I p. 1970) and Section 7 of the Energy-Using Products Act [Energiebetriebene-Produkte-Gesetz] of 27 February 2008 (BGBl. I p. 258)”.

2. Section 4 is amended as follows:

a) After sentence 1, the following sentence is inserted:
“Electrical and electronic equipment that is fully or partly powered by batteries or accumulators shall be designed in such a way that batteries and accumulators can be readily removed.”

b) After sentence 3, the following sentence is inserted:
“Sentence 2 and Section 13 (7) shall not apply to electrical and electrical equipment where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and requires a permanent connection between the appliance and the battery or accumulator.”

3. Section 12 (4) no. 2 letters b and c are replaced by the

following letter b:
“Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 316, 4.12.2007, p. 6), last amended by Regulation (EC) No 740/2008 (OJ L 201, 30.7.2008, p. 36) and as amended from time to time.”

4. Section 13 is supplemented with a paragraph (7) as follows:
“(7) Electrical and electronic equipment incorporating a battery or accumulator shall be accompanied by a notice providing the user with information on the type or chemical system of the battery or accumulator and instructions on how it can be safely removed.”


Article 3 Entry into force; repeals

(1) Without prejudice to paragraphs (2) and (3), this Act shall enter into force on 1 December 2009. The Battery Ordinance [Batterieverordnung] as published on 2 July 2001 (BGBl. I p. 1486), last amended by Article 7 of the Act of 9 September 2001 (BGBl. I p. 2331), and the Act on Public Participation in the Preparation of Battery Programmes [Gesetz über die Beteiligung der Öffentlichkeit bei der Aufstellung von Batterieprogrammen] of 9 December 2006 (BGBl. I p. 2819, 2824) shall be repealed on the same date

(2) Article 1 Section 2 (15) sentences 2 and 3, Article 1 Section 3 (3) and Article 1 Section 22 shall enter into force on 1 March 2010.

(3) Article 1 Section 20 shall enter into force on 1 July 2009.