Austrian Battery Ordinance
New requirements for online stores from 01.01.2022
For online store operators, quite a lot will change in 2022. In this blog post you will learn everything important about the new battery regulation in Austria.
Since July 8, 2021, an amendment to the Battery Ordinance in Austria is in effect. The Battery Ordinance Austria (from 2021) serves to implement the EU Battery Directive (2006/66/EC) as amended by the Circular Economy Package Directive (2018/849/EU) on batteries and accumulators and waste batteries and accumulators into national law.
Important changes to the Battery Ordinance in Austria are:
- Additional information obligation for final distributors
- Regulations regarding the appointment of authorized representatives as in the Waste Electrical and Electronic Equipment Ordinance
In the amendment to the Austrian Battery Ordinance, the “manufacturer term” is is now directly defined and, in addition to companies that are based in Austria and place batteries on the market, also includes foreign companies that place batteries on the market in Austria.
The following applies: According to the new battery ordinance in Austria, non-Austrian online shop operators who supply Austrian private end consumers are obliged to register their batteries and accumulators from January 1st, 2022.
What is the purpose of the amendment to the Austrian Battery Ordinance?
Despite the efforts made, a significantly declining collection rate for used portable batteries has been observed in recent years, similar to Germany (this fell from around 55% in 2015 to just over 45% in 2018). This is problematic, which is why the EU sets recycling and take-back quotas that must be achieved. These should then be achieved with national regulations.
Without additional suitable measures, such as battery recycling in Austria, it is to be feared that the minimum collection rate can no longer be met in the foreseeable future and at the same time increasingly greater damage will be caused by improperly disposed of used device batteries, especially used lithium batteries. This is trying to prevent the new version of the battery ordinance in Austria.
In order to ensure an improved and safe collection of used portable batteries in retail, the consumers themselves should also be provided with uniform information and the consumers should be offered a clearly recognizable collection option that can be easily found.
This should improve the knowledge of the population about battery recycling in Austria and thus the collection morale and damage caused by improperly disposed of old device batteries, especially lithium batteries, should be avoided.
What does the amendment to the Battery Ordinance in Austria contain?
- Foreign distance sellers of batteries must appoint a responsible representative in Austria.
- Companies from other Member States that deliver batteries to Austrian importers for resale can appoint an authorized representative on a voluntary basis.
The regulations for authorized representatives are to take effect on January 1, 2022.
Furthermore, the battery law in Austria stipulates that all Austrian companies that deliver batteries to other European countries must comply with the regulations on authorized representatives that apply there.
An information obligation for final distributors of portable batteries has also been newly introduced, as stipulated by the new battery ordinance in Austria. From January 1, 2022, they must clearly inform end consumers in the checkout area of the business premises about the free return of used portable batteries.
What do the changes to the battery ordinance in Austria mean for foreign dealers?
The battery ordinance in Austria means for all foreign mail order companies, whether online or traditional, that the Austrian market may only be supplied if an authorized representative has been named. The authorized representative must have a registered office in Germany with a corresponding delivery address. He assumes all obligations of the manufacturer according to § 3a Z 2 for those device, vehicle or industrial batteries or accumulators that he sells in Austria. In the BattG, the battery law for Germany, you can find out everything about placing the battery on the market and taking it back for German companies.
Do you have any questions or need more information about the amendment to the battery ordinance in Austria or about battery recycling in Austria? Deutsche Recycling will be happy to support you with their many years of comprehensive know-how and full service.
