Co-Author: Jasmin von Reichmann
Short Briefing on the German Batteries Implementation Act (Batteriedurchführungsgesetz, “BattDG”) as a follow-up to the essay on the EU Batteries Regulation (Regulation (EU) 2023/1542, “EUBR”), with focus on the automotive industry.
What is the BattDG about?
The BattDG, which came into force on 6 October 2025, implements the EUBR. The purpose of the BattDG is to close gaps arising from the EUBR with the national particularities in Germany. Especially, the BattDG stipulates obligations of economic operators and other actors in the battery industry such as producers which are responsible for first providing the battery on a member state’s level. Furhermore, it defines the competent authorities for the German market. The BattDG replaces the former Batterie Act (Batteriegesetz, “BattG”) and provides for the transition of EUBR’s comprehensive requirements for the entire life cycle of batteries to Germany – from production to recycling. All in all, the BattDG appears to be a conscientious implementation of the EUBR. Particularly noteworthy are the detailed requirements of the extended producer responsibility in the management of waste batteries.
How does it affect the automotive industry?
The BattDG affects the automotive industry in all battery and EV related topics – from design to waste management.
- The BattDG applies to all categories of batteries as well as used and waste batteries relevant for the automotive industry: portable batteries, SLI batteries, LMT batteries, EV batteries and industrial batteries. The requirements of the BattDG have to be met prior to the automotive industry being allowed to market their batteries / EVs. However, as an implementing act of the European “template”, the BattDG is not designed to create a new legal framework. Rather, it serves to complement the obligations and provisions of the EUBR. This includes the establishment of an administrative structure, as well as specific obligations and responsibilities for economic operators.
- For example, the BattDG foresees a framework for the notification of conformity assessment bodies. The automotive industry will need such notified bodies to comply with the EUBR compliance and due diligence requirements. As under the EUBR, conformity assessment bodies can apply to the notifying authority to be designated as notified body. Supplementing the EUBR, for example, the BattDG explicitly requires the submission of an accreditation certificate. Following the accreditation, the notifying authority grants the authorisation – initially subject to a condition precedent that neither the European Commission nor any member state raises objection within two weeks after the notification.
- Also regarding waste management, the automotive industry is affected by the BattDG. For example, the obligations relate to ensure that (waste) batteries are taken care of – from the obligations of dealers to accept returned batteries to the question how these collected batteries can make their way via the so-called producers to re-use or remanufacturing.
What are the obligations of the players in the automotive industry?
Stakeholders in the automotive industry, such as producers, distributors and waste management operators, are subject to various obligations under the BattDG.
- Under the BattDG, producers of all battery categories are required to fulfill their extended producer responsibility. Either they join a producer responsibility organisation or they prove that they are able to fulfil their extended producer responsibility individually.
- The BattDG specifies the take-back obligations of distributors and organizes them into separate paragraphs according to the battery category. As under the EUBR, distributors are not obliged to take-back waste batteries that they do not offer as new batteries in their product range. Furthermore, the take-back obligation does not cover waste products containing batteries. In addition, the BattDG requires the collection of a deposit for SLI batteries (€7,50 per battery). Distributors are also required to provide information about the take-back of waste batteries, at least in German, on a minimum DIN A4 size sheet.
- Waste management operators, that are involved in the treatment of waste batteries and separate collection, are required to report to the Federal Environmental Agency annually. This report must be subdivided into SLI batteries and EV batteries, as well as chemical composition. It must include specific information on the quantities of collected waste batteries.
Which authorities are competent under the BattDG?
According to the EUBR, Member States shall designate competent authorities; in Germany the competent authority is the Federal Environmental Agency (German: Umweltbundesamt). The Agency is generally responsible for registering producers and approving producer responsibility organisations. The registration of producers takes place upon their own request. The application for registration entitles them to make a battery available on the market. However, the registration procedure is not handled directly by the Agency but has been delegated to the ear-Foundation (German: Stiftung ear). On its website, the ear-Foundation provides step-by-step guide consisting of six steps leading to the issuance of the registration notification.
The BattDG also establishes a so-called “Used Batteries Commission” (German: Altbatteriekommission), which advises the Federal Environmental Agency. The Commission is composed of representatives from industry – including producers, distributors and other operators. The notifying authority is determined by the federal states.
What are the obligations of producer responsibility organisations?
The producer responsibility organisations form the link between collections points and treatment facilities. They must take-back waste batteries from collection point in 15 working days after achieving the applicable weight limit (90 kg for portable batteries; 45 kg for LMT batteries; for SLI and EV batteries after achieving the weight agreed between the producer responsibility organisation and collection point). Like other economic operators, producer responsibility operators are subject to information and reporting obligations.
The BattDG deviates regarding the collection target for waste portable batteries, raising the first-level target from 45% up to 50% (cf. Art. 59 para. 3). However, the staggered collection target, which increases steadily until 31 December 2030, remains unchanged. The German collection target is already aligned with EUBR specification: 63% must be achieved by 31 December 2027. The BattDG does not define collection target for other battery categories, such as LMT and SLI batteries.
What happens in case of non-compliance?
Under the EUBR, Member States are obliged to establish rules on penalties for infringements of the Regulation. The BattDG stipulates administrative offenses in detail and provides for substantial fines ranging from EUR 10,000 to EUR 500,000. Beyond mere penalties, batteries which do not comply with EUBR and BattDG cannot be marketed at all. Companies violating the compliance requirements can also be addressed by their competitors for cease and desist.
What are the consequences?
As the BattDG implements the EUBR, knowledge on the BattDG is a “must” for every stakeholder in the battery and automotive (especially EV) industry. Stakeholders should carry out a Gap-analysis between their knowledge and processes established under the EUBR with their suitability also under BattDG. Possibly, supplementations are necessary: The BattDG is not only the “adapter” between EUBR and national authorities but also includes national specifics obliging the automotive industry, such as the deposit requirements for SLI batteries and collection targets.
