In more detail

Regulation (EU) 2023/1542 of 12 July 2023 concerning batteries and waste batteries ("Batteries Regulation") represented a key initiative of the European Green Deal and was the first Circular Economy Action Plan legislation to address the entire life-cycle of a product. Although it was published in the Official Journal on 28 July 2023 and came into force 20 days later on 17 August 2023, the obligations under the Batteries Regulation become applicable in progressive stages: implementation began on 18 February 2024 and will be partially completed this summer, from 18 August 2025 (subject to the adoption of a proposal by the European Commission to delay its due diligence obligations by two years).

With the aim to make all batteries placed on the EU market more durable, safe, sustainable, and efficient, the Batteries Regulation introduced new requirements for the manufacturing, design, labelling, collection and recycling of batteries. This post will focus on the upcoming obligations coming into effect from 18 August 2025 and how companies can prepare for them. For more detailed information on the new Batteries Regulation obligations, please refer to our August 2023 publication.

Key takeaways to prepare for ahead of 18 August 2025:

• Extended producer responsibility

The Batteries Regulation establishes a more unified framework for Extended Producer Responsibility (EPR) requirements across the EU, as outlined in Chapter VIII. The soon-to-be-repealed Directive 2006/66/EC ("Batteries Directive") lacked specifics on key EPR concepts, resulting in inconsistent implementation among different Member States. The new framework applicable as of 18 August 2025, which includes a more detailed definition of "producer", aims to ensure a more uniform application for businesses operating in multiple Member States.

Companies should therefore check their role under the new Batteries Regulation to assess whether the new EPR obligations will apply to them and/or to ensure that other operators within their supply chain comply with the relevant obligations.

• Due Diligence obligations

Subject to the amending proposals noted below, as of 18 August 2025 operators placing batteries on the EU market will have to implement battery due diligence policies to prove that the materials used during the manufacturing of the relevant batteries were sourced responsibly. These due diligence policies will be subject to external verification by notified bodies and to periodic audits. To that end, new standards and systems of control will have to be implemented within companies' supply chains, meaning that it will be essential to identify and address the social and environmental risks associated with the extraction, processing, and trade of raw materials used in battery production. An exemption is foreseen for companies with a net turnover of less than EUR 40 million.

In principle, companies should therefore review their battery supply chains and define the necessary procedures to be able to implement the relevant due diligence policies.

However, the European Commission has put forward the following proposals in relation to these due diligence obligations, as part of its so-called "Omnibus IV" simplification package published on 21 May 2025:

• Additional time for battery makers and exporters to comply with the new due diligence rules. If passed, this will delay the deadline for compliance with the Batteries Regulation's due diligence obligations by two years, i.e., from 18 August 2025 to 18 August 2027 (link to the proposal)
• An expansion of the exemption for companies having a net annual turnover of less than EUR 40 million to companies with a net turnover of less than EUR 150 million (link to the proposal).

The European Council adopted the Commission's proposal to postpone due diligence obligations on 19 June 2025. At the time of writing, the European Parliament had not agreed its negotiating position on the proposal.

In addition, the Commission confirmed in its proposals that it intends to publish due diligence guidelines one year before the obligations take effect, to give businesses additional time to prepare for the introduction of the measures.

• Penalties for non-compliance and repeal of Batteries Directive

On 18 August 2025 the Batteries Directive will be fully repealed. 18 August 2025 also marks the date by which Member States will be required to have established national rules on penalties applicable to infringements of the Batteries Regulation.

It is advisable that operators check the different national legal frameworks to assess the risks arising from any possible breaches of the Batteries Regulation.

Guidance on removability and replaceability requirements

Article 11 of the Batteries Regulation establishes that all persons placing on the market products incorporating portable batteries will have to guarantee that the batteries "are readily removable and replaceable by the end-user at any time during the lifetime of the product". They will also have to provide consumers with the relevant instructions and safety information on the use, removal and replacement of the batteries. Although this obligation will only apply from 18 February 2027, in February 2025 the European Commission published non-binding guidance providing context and additional technical elements to ensure consistent implementation of the removability and replaceability obligations across the EU, as required by Article 11(9) of the Batteries Regulation.

Amongst other general concept clarifications, the guidelines clarify that portable batteries incorporated into smartphones and slate tablets will be subject to the removability requirements set forth in both (i) the Batteries Regulation; and (ii) EU Regulation 2023/1670 of 16 June 2023, laying down ecodesign requirements for smartphones, mobile phones other than smartphones, cordless phones and slate tablets.

Furthermore, the guidelines also clearly state that serialization and parts-pairing practices—whereby a battery is digitally linked to a specific device unit—must not be used to prevent or hinder battery replacement. These software-based restrictions, often implemented through firmware or authentication protocols, are considered detrimental to repairability and incompatible with the objectives of the Batteries Regulation and will therefore be expressly prohibited under Article 11(8) of the Batteries Regulation.

For more information or tailored advice for your company, please contact our team of experts.

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Arnau Gaspà, Law Clerk, has contributed to this legal update.