The EU Battery Regulation is the regulation for all batteries sold in the Union market, whether old separately, built-in, or supplied with a device. One of the key provisions introduced by the new legislative framework is the Extended Producer Responsibility (EPR), a policy scheme addressing the producer’s responsibility thought the product’s entire lifecycle. The economic operators subject to the EPR provisions are the producers. While the term can be confusing, the EU Battery Regulation provides a clear definition of producer.
Economic operators that classify as producers
A producer can be the manufacturer, importer, distributor, or any other natural or legal person who makes batteries available on the market in one Member State. This includes both physical sales and online sales. Specifically, according to Article 3.47 “producer” means “any manufacturer, importer or distributor or other natural or legal person that, irrespective of the selling technique used, including by means of distance contracts, either:
- is established in a Member State and manufactures batteries under its own name or trademark, or has batteries designed or manufactured and supplies them for the first time under its own name or trademark, including those incorporated in appliances, light means of transport or other vehicles, within the territory of that Member State;
- is established in a Member State and resells within the territory of that Member State, under its own name or trademark, batteries, including those incorporated in appliances, light means of transport or other vehicles, manufactured by others, on which the name or trademark of those other manufacturers does not appear;
- is established in a Member State and supplies for the first time in that Member State on a professional basis, batteries, including those incorporated in appliances, light means of transport or other vehicles, from another Member State or from a third country; or
- sells batteries, including those incorporated in appliances, light means of transport or other vehicles, by means of distance contracts directly to end-users, whether or not they are private households, in a Member State, and is established in another Member State or in a third country.”
Obligations of battery producers: registration and waste management
Producers are subject to extended producer responsibility (ERP) and shall have an authorised representative for ERP in each Member State where they sell their battery. Registrations with the local registers is mandatory in each Member State where the batteries are sold.
As EPR schemes address the environmental impact batteries have, producers shall ensure that all waste portable batteries are collected separately in the territory where they are sold (Article 59). Accordingly, producers shall
- set-up a waste portable battery take-back and collection system;
- attain and maintain collection targets for waste portable batteries;
- allow end-users to discard waste portable batteries at collection points without any charge or purchase obligation.
For any questions on batteries or product compliance, contact PRODlaw Team here or at prodlaw@obelis.net.
References:
EUR-Lex (2023). Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC. Retrieved on 22/08/2025.
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