Last Updated:	2008-07-22
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Introduction

Austria has transposed the EU Battery Directive 2006/66 of 6 September 2006 through the Ordinance of the Federal Minister of Agriculture, Forestry, Environment and Water Management on Waste Prevention, Collection and Treatment of Spent Batteries and Accumulators (the “Battery Ordinance“) and by amending the Austrian Waste Act.  The Battery Ordinance was adopted on 15 May 2008, and it will enter into force on 26 September 2008. The Austrian Minister of Agriculture, Forestry, Environment and Water Management  is responsible for administering and enforcing the requirements of the Ordinance.  In accordance with the amendment of the Battery Directive, the Ordinance provides that batteries and accumulators that do not meet the applicable requirements must not be placed on the market after 26 September 2008.

The Decree applies to all batteries and accumulators placed on the Austrian market, regardless of their shape, volume, weight, material composition or use, subject to limited exceptions.

The Battery Ordinance prohibits the placing on the market of all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0,0005% of mercury by weight and portable batteries or accumulators, including those incorporated into appliances, that contain more than 0,002% of cadmium by weight.  The exemptions set forth in the Ordiance are identical to the exemptions set forth in the Battery Directive.

Further, the Battery Ordinance requires that manufacturers design appliances to make batteries and accumulators easily removable and provide instructions for the end-user on how they can be safely removed.  Batteries must be labeled to show the “crossed-out wheeled waste bin” symbol, the battery’s capacity (for portable and automotive batteries), and, in some cases, for heavy metal content.

Under the Battery Ordinance, battery distributors in Austria are required to take back waste batteries from consumers at no extra charge.  Treatment and recycling schemes must be established by September 2009.  A binding recycling target for general consumer batteries of 50% must be met by September 2011.

The Battery Ordinance requires also that producers and importers of batteries and appliances incorporating batteries finance the costs of collection, treatment and recycling of waste batteries and accumulators, as well as the costs of public information campaigns on the treatment and recycling.  They must also register with the Minister of Agriculture, Forestry, Environment and Water Management.

Austria intends to apply the Battery Ordinance in accordance with the Commissions Frequently Asked Questions document.