August 2025

The new EU Batteries Regulation has introduced new battery types, which will soon impact EPR compliance for battery producers

Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries (‘EU Batteries Regulation’) has applied from 18^th February 2024, while Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators (EU Batteries Directive) will be repealed from 18^th August 2025.

The EU Batteries Regulation introduces a broader range and more defined list of battery types compared to the EU Batteries Directive, which it is replacing.

Today, many of the new expansive provisions of the EU Batteries Regulation already regulate the new battery types. However, due to a plethora of implementation timelines and effective dates in the regulation, some provisions do not yet regulate the new battery types.

This includes Chapter VIII (Management of waste batteries), which has requirements for Extended Producer Responsibility (EPR). Chapter VIII will apply from 18 August 2025, the same time as when the EU Batteries Directive is repealed.

Article 56(1) within Chapter VIII states that producers should have ‘Extended Producer Responsibility’ for batteries that they make available on the market for the first time within the territory of a Member State.

Current battery types and current EPR compliance requirements?

EPR requirements under the EU Batteries Directive still apply up until 18^th August 2025, when Chapter VIII of the EU Batteries Regulation begins to apply, and when the Directive is repealed. The following types of batteries have been subject to EPR under the Directive:

• Portable
• Industrial
• Automotive

You can read more about these different battery types under the EU Batteries Directive here. And you can also read more about what the EPR compliance approach for producers has been for these different battery types under the Directive, here.

New battery types and new EPR compliance requirements

Under the EU Batteries Regulation, the following types of batteries will subject to EPR from 18^th August 2025:

• Portable
• Industrial
• Starter, Lighting and Ignition (SLI)
• Light Means of Transport (LMT)
• Electric Vehicle (EV)

Portable batteries and industrial batteries can be further divided into sub-types (E.g. portable batteries of general use). However, this is not of direct relevance to EPR compliance.

You can read more about these different battery types under the EU Batteries Regulation, here.

Producers who placed batteries on the market before 18^th August 2025, might find that their batteries stay in the same category, or they might find that their batteries are reclassified from 18^th August 2025. For example, EV batteries currently have to meet EPR compliance requirements as industrial batteries.  Now, these batteries fall within their own specific category. The following diagram taken from the European WEEE Registers Network (EWRN) Batteries Regulation guidance document, published April 2025, shows how batteries categorised under the EU Batteries Directive may be newly categorised under the EU Batteries Regulation.

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What does this mean in practice for a producer’s EPR compliance approach?

Article 56(4)(a) of the EU Batteries Regulation requires financial contributions paid by producers under EPR to cover the costs of separate collection and subsequent transport and treatment of the batteries that the producer makes available on the market in each member State when they become waste. Article 57(1) allows producers to appoint a Producer Responsibility Organisation (PRO) to facilitate this and other requirements (E.g. producer registration and reporting). According to Article 58(1), the producer or the PRO must be authorised to fulfil EPR obligations.

Requirements to appoint an Authorised Representative (AR)

Although diverging from the main substance of this article on battery types, it’s firstly important to highlight a change in the ‘producer’ definition under the EU Batteries Regulation. And this is that there are new requirements for foreign producers.

Under the EU Batteries Directive, whilst some EU Member States took a different view through their national regulation or policy, companies placing batteries on an EU Member State market from outside of that Member State, were technically not classed as a batteries producer in the Member State  on which they placed their batteries on the market (i.e. no ‘foreign producer’ obligation).  However, under the EU Batteries Regulation, foreign batteries producers do have exposure, and will be required to appoint an AR in that Member State. This is relevant, because regardless of the type of batteries, companies will potentially have direct exposure across more Member States.

Batteries that were classed as portable batteries under the EU Batteries Directive

For portable batteries, there is expected to be minimal change under the EU Batteries Regulation from the perspective covering the costs of separate collection and subsequent transport and treatment of the batteries.  Producers of portable batteries under the EU Batteries Directive, which will still be classed as portable batteries under the EU Batteries Regulation, currently pay up-front fees to a PRO when their batteries are sold, according to the type and quantity of portable batteries that the place on the market. This provides a ‘financial guarantee’ that the costs of collecting and recycling portable batteries that are discarded by end users and ending up at the following locations are met. Obligated parties are expanded under the new Regulation, with the following parties having compliance requirements to fulfil:

• Distributors
• EOL vehicle treatment facilities
• Public Authorities (e.g. municipal collection)
• Voluntary collection points
• WEEE Treatment facilities

This regime will likely continue with very little change.

However, its important to note that there are some additional responsibilities for portable battery producers, including:

• Visible fees (communicating the costs of separate collection and subsequent transport and treatment of the batteries to end users); and
• Additional information requirements

Batteries classed as industrial or automotive batteries under the EU Batteries Directive

Producers of industrial or automotive batteries under the EU Batteries Directive will have their batteries classed as either industrial ( with no change from existing classification), LMT, SLI or EV batteries under the EU Batteries Regulation.

The EU Batteries Directive enabled producers of industrial and automotive batteries to establish their own take-back systems.  This is because the take-back obligation was limited to the batteries that the producer placed on the market. Producers could respond to collection requests from end users for collection and recycling of waste industrial and automotive batteries with their own systems.

But now, the take back obligation for industrial and automotive batteries – whether they are classed as industrial (again), LMT, SLI or EV batteries – is not limited only to the batteries that the producer places on the market. It encompasses any of the same battery class, regardless of brand or if the battery was placed on the market by the producer or not. It is likely that an individual take-back system alone will not be possible under EU Batteries Regulation, unless it provides sufficient nationwide coverage on a Member State level. Producers will likely need to join a PRO to provide this coverage.  Indeed, in Germany, the new BattG2 requires all producers, regardless of battery type, to join a Organisation for Producer Responsibility (OfH) – in other words, a PRO.

This brings the compliance approach more in line with approach for portable batteries and reflects the shift of greater focus of recycling of portable batteries to all battery types, given the increased use of these battery types is generating increasing volumes of waste.

Adjusting your EPR compliance arrangements

Although we are close to 18^th August, there are still unknowns. But essentially, battery producers will need to ensure that they have appropriate arrangements in place for registration, collection, recycling and reporting for these different battery types.

For current portable batteries producers, there shouldn’t be much change in how the costs of separate collection and subsequent transport and treatment of portable batteries are covered.

However, for current industrial and automotive batteries producers, much more coverage is required in order to meet the costs of separate collection and subsequent transport and treatment of these batteries, whatever new category they are placed in.

In many EU Member States, industrial and automotive batteries producers may already be registered with PROs to carry out registration and data reporting obligations under the EU Batteries Directive and subsequently under the EU Batteries Regulation.  As and when these PROs implement infrastructure for the nationwide take-back of batteries other than portable batteries, these producers may be able to leverage this infrastructure.

Industrial and automotive battery producers – and subsequently industrial (again), LMT, SLI or EV batteries producers – who are not already a member of a PRO, will likely need to consider joining one.

How can EARN help?

EARN can evaluate your current batteries producer exposure, current batteries producer compliance arrangements, and what you may need to do to ensure your company has the appropriate arrangements in place for registration, collection, recycling and reporting for the required battery types under the new EU Batteries Regulation.

The compliance options are evolving as PROs and Member States adjust to new requirements. EARN stays on top of these developments and helps our client stay on top of compliance.

Get in touch for more information.