Discover Batteries and Batteries Waste Regulations

European Union (Parliament and Council) brought a new regulation (2023/1542) on batteries and batteries waste, which came into force in 2023 and applies as of February 18th 2024. The regulation aims to reduce the adverse impact on the environment, protect health, and improve waste management.

The batteries covered by this regulation include almost all types, which convert chemical energy directly into electricity, irrespective of their size or shape. This includes both rechargeable and non-rechargeable batteries, including those internal to devices.

There are various Economic Operators (EOs) outlined in the regulation, each subject to different requirements. These include the manufacturer, authorised representative, importer, distributor, fulfilment service provider, or any other natural or legal person who is obligated under the regulation.

Please see the timeline of main milestones below.

For all parties (EOs or not), replaceability will apply, but only in 2027 for portable and light means of transport batteries, which must be removable and replaceable, with some exceptions. Spare batteries must be available for five years after the last model’s market appearance. This may affect the structure of the devices sold, including software, and how batteries are kept available after products’ end-of-life. There is still time to prepare, but hardware changes tend to be slow.

All end-users must properly dispose of waste batteries by early 2024, discarding them separately from other waste streams, including mixed municipal waste. Further down the line, waste batteries should be discarded in designated collection points that will be set up. This may affect battery disposal practices.

For EOs, there will be several target dates to tackle. Consider the benefits of investing in demonstrating environmental excellence to your customers. Additionally, consider taking action before the legal compliance dates. These actions may be worth considering as part of your Environmental, Social, and Governance (ESG) program or CSRD reporting project.

In August 2024, Economic Operators (EOs) must deliver conformity assessment procedures and fulfill various obligations outlined in the law. For instance, manufacturers must ensure CE-marking compliance.

Additionally, by August 2025, EOs must establish battery due diligence policies and comply with waste battery management requirements. These policies are necessary for entities with an annual revenue of €40 million or more. They encompass sections on battery due diligence policies, management systems, risk management obligations, third-party verification, and disclosure of information. These requirements could impact your due diligence, risk management, and third-party risk management practices. Furthermore, compliance with waste battery collection requirements may also affect your business operations.If assistance is needed in creating and implementing the necessary policies and processes, or in related planning within your organization, we are available to provide consultation services.

Timo Tamminen

Senior Manager

Atso Andersén

Director ESG

Regulation (EU) 2023/ 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 (europa.eu)

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