

The EU Battery Regulation – challenging for companies
The EU Battery Regulation ((EU) 2023/1542), which came into force on August 17, 2023, has been partly applicable since February 18, 2024. Companies are undoubtedly confronted with a complex piece of legislation that requires both entrepreneurial and legal insight. The practical challenges are multilayered.
Overview of the Regulation’s subject matter
The Battery Regulation is intended to cover an entire life cycle of (almost) every battery and thus, more than ever before, covers a large number of regulatory areas in just a single legislative act. Tied up to product safety law and product environmental law, also sustainability and safety requirements are defined. The CE marking requirements as well as the extended producer responsibility (EPR) for waste batteries make up an integral part as well. Besides that, Chapter VII contains due diligence obligations within supply chains.
Affected economic operators
The selected economic operators on whom obligations are imposed are in line with the broad scope of the regulation. Noteworthy: the so-called “manufacturer” (German: “Erzeuger”) stands alongside the role of the “producer” (German: “Hersteller”). Manufacturers, authorized representatives of manufacturers, importers and distributors can all be producers (Article 3 (1) No. 47 BattVO) and therefore can be challenged by the list of obligations for the management of waste which will be applicable from August 18, 2025 (Chapter VIII). However, whether the above-mentioned economic operators are producers or not, they will be subject to the far-reaching obligations under Chapter VI, which is – at least partially – applicable since August 18, 2024.
Focusing on the “other” obligations under Chapter VI
The main purpose of the obligations under Chapter VI is to ensure compliance with the requirements in Chapter II (sustainability and safety requirements), Chapter III (labeling and information requirements) and Chapter IV (conformity of batteries). This shall ensure that batteries are firstly placed on the EU market or subsequently made available on the Union market only if they comply with the aforementioned requirements. These requirements are weakened going from the manufacturer to the importer to the distributor and fulfillment service provider. But beware: The manufacturer’s obligations can also apply to other economic operators, for example if these operators place batteries with their own name or trademark on the EU Market (Article 44 a) BattVO).
The problem of gradual extension of obligations over time - a practical example
The fact that regulatory requirements in the EU Battery Regulation are successively extended due to different deadlines is of considerable importance with regard to the manufacturing process as well as purchasing procedures. To put it bluntly: The manufactured or purchased battery that has not only been compliant with the EU Battery Regulation yesterday but also bears a CE label may already be non-compliant tomorrow. An example: A battery successfully passes the conformity procedure before February 18, 2025. However, it is only placed on the market after the primary deadline of February 18, 2025 laid down in Article 7 (Declaration on the CO2 footprint). If the battery has not been certified in accordance with the requirements applicable from February 18, 2025, for example because it has been stored by an importer for a significant period (without the battery having already been made available on the EU market), the economic operator than holds on to a (now) non-compliant battery, which prevents this corporation from placing the battery on the EU Market.
Outlook and perspective for the future
The EU Battery Regulation is and will be an ongoing issue for business as well as for legal advisors. Due to the gradual “activation” of regulatory obligations, it cannot be handled as a one-time task. In order to avoid subsequent certifications and to ensure that products can be made available on the EU market “risk-free”, companies must deal with this matter “fluently”.
With regard to the German jurisdiction, it can be worthwhile following the legislative process for the Battery Law Implementation Act (BattDG). This Act is set to replace the current Battery Act on August 18, 2025, albeit structurally following in its footsteps.
9th September 2024