FAQs to the Batteries Ordinance in Austria.

In our FAQs you will find answers of INTERSEROH Austria GmbH to the most frequent questions concerning the Batteries Ordinance in Austria.

• 1. Who does the Batteries Ordinance apply to?
• 2. How are batteries in general and the different types of batteries (e.g. portable, vehicle and industrial batteries) defined according to the Batteries Ordinance?
• 3. What obligations do I have as manufacturer?
• 4. What is the scope of the Batteries Ordinance?
• 5. Where can I find a list on classification of my batteries according to the Batteries Ordinance?
• 6. Are there marking requirements for batteries?
• 7. How do I register with and report to the Federal Environment Agency?
• 8. How do I report to the system (Interseroh Austria online report)?
• 9. How are portable batteries taken back by retailers or distributors?

1. Who does the Batteries Ordinance apply to?

The law groups the "obligated parties" under the term of "manufacturers". Manufacturers are whoever:

1. manufactures and sells batteries under their brand name (manufacturers)
2. resells batteries under their brand name – except if the brand name of the manufacturer according to a) is marked on the device (retailers, distributors, companies placing batteries on the market)
3. imports batteries to Austria commercially (importers)
4. exports batteries commercially for delivery to final consumers (exporters).

All obligated parties are to ensure the take-back and treatment/recycling of the batteries they have distributed in conformity with the ordinance.

2. How are batteries in general and the different types of batteries (e.g. portable, vehicle and industrial batteries) defined according to the Batteries Ordinance?

1. A "battery" is source of electrical energy obtained through direct conversion of chemical energy comprising one or more (not rechargeable) primary cells or one or more (rechargeable) secondary cells.
2. A "battery set" is a group of batteries connected to each other and/or assembled in an outer housing in such a way that they form a complete unit that cannot be disconnected or opened by the final consumer.
3. "Portable batteries" are batteries, button cells, battery sets or accumulators
1. that are encapsulated and
2. that can be held in the hand and
3. that are neither industrial batteries nor vehicle batteries
   
   save the industrial batteries are used for electrical and electronic devices for private households.
4. "Button cells" are small, round portable batteries with a diameter greater than their height and which are intended for special purposes such as hearing aids, wristwatches, small portable devices or for standby power supply.
5. "Vehicle batteries" are batteries or accumulators for the starters, lights or ignitions of vehicles. Industrial batteries or accumulators, which by type or design are used as vehicle batteries or accumulators, are also deemed as vehicle batteries or accumulators.
6. "Industrial batteries" are batteries or accumulators intended for industrial or commercial purposes or for all types of electric vehicles.
7. "Spent batteries" are batteries or accumulators that according to § 2 of the Waste Management Act of 2002 are deemed waste.

3. What obligations do I have as manufacturer?

The manufacturers of batteries have a number of obligations to fulfil. We have summarised the main obligations from the Batteries Ordinance for you: 

1. Marking of the batteries placed on the market with the symbol of a crossed-out dustbin, marking with the capacity and, if applicable, specification of the heavy metals contained in the battery (§ 6 Batteries Ordinance).
2. Ensuring the removability of portable batteries (§ 8 Batteries Ordinance).
3. Establishment and operation of collection points – at least one per political district (§ 5).
4. Registration on the Internet site of the Federal Environment Agency by 1 September 2008 at the latest (§ 22 Batteries Ordinance) including naming of the respective system. The obligation to register also applies to own-use importers.
5. Take-back of portable batteries from retailers and distributors, collection and recycling systems for old electrical appliances and from final consumers at municipal and district collection points (§ 10, par. 1 Batteries Ordinance). Take-back must be proportionate to the number of portable batteries placed on the market (§ 10, par. 2 Batteries Ordinance).
6. Take-back of vehicle batteries from retailers and distributors, collection and recycling systems for end-of-life vehicles and from municipal collection points (§ 13, par. 1 Batteries Ordinance).
7. Take-back of industrial batteries regardless of their origin or chemical composition (§ 15, par. 1 Batteries Ordinance).
8. Treatment of the batteries/accumulators taken back according to the state of the art and with achievement of the minimum efficiencies named in the ordinance (§ 5 Batteries Ordinance; 2nd section of the Ordinance on Waste Treatment Obligations).
9. Quarterly reporting of the number of portable batteries placed on the market by way of the register at the coordination office (§ 24 Batteries Ordinance). The first report is due for the 3rd quarter of 2008.
10. Report on the collection and treatment of the portable and vehicle batteries (§ 25 Batteries Ordinance).
11. Information for final consumers on the possible effects of the substances contained in the batteries, on the sense and purpose of separate collection, on the return possibilities available, on the meaning of the symbol of the crossed-out dustbin, etc. (§ 7 (1) Batteries Ordinance).
12. Participation in a system with the portable and vehicle batteries (§ 16 par. 1 Batteries Ordinance).

By participating in the Interseroh Austria system, the obligations on take-back, collection and treatment/recycling, the reporting obligations and the obligations to inform final consumers accordingly are transferred to Interseroh Austria. Interseroh Austria also sees to the forwarding of your registration data to the register.

4. What is the scope of the Batteries Ordinance?

The ordinance covers all types of batteries, regardless of their shape, volume, weight, material composition or use. The Batteries Ordinance also applies to batteries integrated in electrical appliances and vehicles. A distinction is fundamentally drawn between portable, vehicle and industrial batteries.

Exceptions from scope:
The ordinance does not apply to batteries used in equipment, weapons, munitions and war materials intended specifically for military purposes and which are important to safeguard the fundamental security interests of Austria or used in equipment for use in space.

5. Where can I find a list on classification of my batteries according to the Batteries Ordinance?

To enable manufacturers and systems to perform a standard classification of batteries regarding the Batteries Ordinance (Is a battery subject to the Batteries Ordinance or not? Is the battery a portable, vehicle or industrial battery?), the Federal Ministry of Agriculture, Forestry, Environment and Water Management has drawn up a classification list. This list lists examples of batteries and classifies them accordingly. It is supplemented and updated by the ministry continuously.

You can find the classification list at the web site of the environment ministry.

6. Are there marking requirements for batteries?

Manufacturers who place batteries or battery sets on the market must mark them with the "symbol for separate collection".

Since 26 September 2009 manufacturers also have to specify the capacity in visible, legible and permanent form on portable and vehicle batteries. There is also an obligation to mark batteries that contain certain amounts of mercury, cadmium or lead with the chemical symbol for the metal concerned.

If the size of the symbol or chemical symbol would be less than 0.5 x 0.5 cm because of the size of the battery or battery set, the battery or battery set does not need to be marked; instead the symbol or chemical symbol must be printed on the packaging in a size of at least 1 x 1 cm.

You can find the symbol for separate collection as download at the web site of the environment ministry.

7. How do I register with and report to the Federal Environment Agency?

The Batteries Ordinance (§ 22) provides for registration by manufacturers in the EDM portal of the Federal Environment Agency. The following information is necessary for registration:

• name, address
• commercial register number
• branch classification
• contact addresses, e-mail addresses
• type of battery (portable, vehicle or industrial batteries)
• naming of the collection system

Interseroh Austria offers to take over the registration work for its partners. The partners disclose the necessary information to Interseroh Austria in the master date sheet, an annex to the partner contract.

After registration the Federal Environment Ministry sends the partner his individual "system and personal data" for access to the electronic register. To finish registration, the partner must log into the EDM portal with his access data and also name the collection and recycling system he participates in.

8. How do I report to the system (Interseroh Austria online report)?

Interseroh Austria takes over the reporting duties of companies that place batteries on the market to the EDM portal of the Federal Environment Agency for its partners on request. To be able to fulfil these obligations, Interseroh Austria must be informed of the respective quantities placed on the market.

At Interseroh Austria the annual preview report forms the basis for a rough determination of the dispensation fee and for the classification of the partner as monthly, quarterly or yearly reporter. The classification depends on the annual fee:

Annual reporting:
Annual fee < € 2,000.00

Quarterly reporting:
Annual fee € 2,000.00 to € 20,000.00

Monthly reporting:
Annual fee > € 20,000.00

Determination of volume
The company placing batteries on the market must determine the quantity placed on the market per type of battery (portable, vehicle and industrial batteries) and inform Interseroh Austria of it. Packaging and enclosed documents, for example user instructions, warranty declarations, etc., are not to be taken into account in the determination of volume.
Interseroh Austria also accepts simplified methods (accepted by the environment ministry) of determining volumes (e.g. product groups or random sample method).

Interseroh Austria online report
Interseroh Austria offers an online report with maximum legal certainty and transmission security. The procedure is performed with a system comparable to that used for online banking. To use the convenient and simplified reporting method via the Internet, Interseroh Austria sends the system participants the access code by e-mail. Signature cards, card readers or other devices are not necessary.

9. How are portable batteries taken back by retailers or distributors?

Final consumers can return portable batteries to the distributors of these batteries. Take-back is on a so-called "0:1" basis, i.e. the portable batteries can also be returned without buying new portable batteries in turn.

Private final consumers can also return their batteries to other collection points, for example local municipal collection points or the collection points of the manufacturers and operators of collection and recycling systems (at least one point per political district).