Batteries contain many harmful substances and raw materials that are difficult to obtain, so companies placing them on the market face a range of obligations. With the adoption of the EU Batteries Regulation, further requirements will soon be added. Find out how battery producers' obligations will change in 2025 and the years that follow.
On 12 July 2023 the European Parliament and the Council adopted Regulation (EU) 2023/1542 concerning batteries and waste batteries (the Batteries Regulation). This new law brings major changes to the production, placing on the market and recycling of batteries and products containing them, which is why it can be seen as a real revolution. Producers, importers, distributors and recycling plants all face new obligations. Importantly, the new rules apply not only to companies placing batteries on the market but also to those selling devices that contain them. You can read more about the new requirements below.
The new EU battery law takes the form of a regulation rather than a directive, so it applies directly in member states without having to be transposed into national legal systems. This does not mean, however, that member states never need to change their national laws. That is exactly the case in Poland: work is under way on a draft act on batteries and waste batteries (UC107), which will replace the Act of 24 April 2009 on batteries and accumulators and, among other things, set penalties for failing to meet the obligations laid down in the Batteries Regulation.
The full text of the Batteries Regulation is available on EUR-Lex.
As transport electrifies, the economy digitalises and consumer electronics have short life cycles, the number of batteries placed on the EU market each year keeps growing. This is a significant challenge both for environmental protection and for the availability of critical raw materials. Electronic devices and the batteries used in them, whose production requires rare earth elements (REE) among other things, are still recovered to an insufficient extent. One of the aims of the Batteries Regulation is to change that.
To increase raw material recovery, the new Batteries Regulation sets ambitious targets for collecting waste batteries. Under the adopted rules, collection should reach 63% of portable batteries by the end of 2027 and 73% by the end of 2030. For LMT batteries, used in light means of transport, the target is 51% by the end of 2028 and 61% by the end of 2031.
According to data from the European Environment Agency (EEA), the collection of waste batteries is not keeping pace with the number placed on the market, and a downward trend has been visible since 2019. This is a considerable challenge in light of the new rules and higher collection targets. In Poland, part of the solution may be the new act on batteries and waste batteries, which is expected to improve battery collection infrastructure.
There are many reasons for falling collection rates. The main causes are seen in the growing number of batteries placed on the market, an inefficient collection system and waste batteries being mixed with other waste. Consumer behaviour also reduces collection, as many people keep used batteries at home. Measures aimed at meeting the targets of the Batteries Regulation should focus on exactly these areas.
The Batteries Regulation imposes a range of obligations on producers and importers, covering information requirements as well as carbon footprint, design and battery life cycle. For example, since last year they have had to mark batteries with the CE mark. From 18 February 2027 users will have to be able to replace portable batteries built into devices, and from 18 August 2028 portable batteries will have to meet minimum durability and performance requirements. What other obligations do companies face?
Under the new rules, batteries placed on the market from 18 August 2026 must be properly labelled to help consumers make informed purchasing choices and hand in batteries for recycling, and to help recyclers process them. The label will include general product information, capacity, rechargeability and the separate collection symbol (the last of these becomes mandatory from 18 August 2025). Batteries will also need the appropriate chemical symbol if they contain more than 0.002% cadmium or 0.004% lead.
The EU digital battery passport will also apply from 18 February 2027. From that date, selected batteries (including LMT batteries) will have to carry a QR code linking to a digital document (the passport). It will contain information about the product's life cycle, such as the manufacturer, carbon footprint, chemical composition, technical parameters and disposal method.
A major change introduced by the Batteries Regulation is extended producer responsibility. Batteries are harmful to the environment and contain critical raw materials, so recycling them is a priority. EPR makes producers responsible for the entire battery life cycle, including disposal. Under the new rules, companies will have to finance and organise separate collection and recycling of waste batteries and keep records and report on them.
The battery revolution affects both producers and battery recyclers. Recyclers' new obligations are linked to the drive towards a circular economy and EU raw material sovereignty and cover technical matters (such as storing waste batteries and recovery rates) as well as reporting.
The regulation sets ambitious targets for recycling efficiency, material recovery and recycled content in new batteries. For example, by the end of 2025 recycling must cover 65% of the average weight of lithium-based batteries and 80% of nickel-cadmium batteries. By the end of 2027, 90% of copper, lead, cobalt and nickel and 50% of lithium must be recovered from batteries. These thresholds will rise further in later years.
As for recycled content, from 18 August 2031 batteries placed on the market must contain 16% recycled cobalt, 85% recycled lead and 6% recycled nickel and lithium in their active material. As with recovery efficiency, these targets are set to rise further in later years.
The changing legal environment for batteries is both a challenge and an opportunity, as new rules can drive investment and innovation. For example, high recycling efficiency and recycled content targets may accelerate technologies for more efficient recovery of lithium, cobalt and other critical raw materials. Producers and recyclers will also have to invest in collection, storage and processing of waste batteries, which can make the whole process more efficient.
The changes to Polish battery law in 2025 are still uncertain. The draft act on batteries and waste batteries is scheduled for adoption by the Council of Ministers in the fourth quarter of 2025, while the Batteries Regulation requires national penalties to apply by 18 August 2025. What do we know about the new act?
One of the main aims of the new national battery rules is to tighten the system for trading batteries and to raise collection and recycling levels. The current rules are considered inadequate, especially in light of the Batteries Regulation's requirements on collection, recovery and recycled content. EPR also plays a key role. Battery producers will have to sign agreements with producer responsibility organisations, which in turn will carry out regular audits. One thing is certain: the Polish battery market faces fundamental change.
Until now, battery collection targets were set by the Minister of Climate and Environment by regulation; now they are set directly by the EU Batteries Regulation. The ministry is actively involved in drafting the new battery act and meets representatives of the recycling industry to prepare the market for the upcoming changes.
Under the current rules, compliance with the act on batteries and accumulators was monitored by, among others, UOKiK, the Polish Office of Competition and Consumer Protection. The draft act provides for a national supervisory authority that will check the activities of both producers and producer responsibility organisations. Along with inspections, businesses will also face penalties, as violations will result in fines.
One of the main aims of the Batteries Regulation is more efficient battery recycling. Poland has a lot of catching up to do here, which opens the way for companies such as Wastes Service Group that actively work to make battery recycling more efficient and innovative. Through meetings with legislators, industry conferences and advice for businesses, Wastes Service Group aims to raise awareness of the problems and find effective solutions.
The circular economy and Europe's raw material sovereignty require greater awareness among consumers and businesses. Critical raw materials in batteries are an untapped potential that can help EU countries become less dependent on external sources. Meeting the targets of the Batteries Regulation, the CRMA or the Green Deal will not be possible, however, without expanding collection and recycling infrastructure and without educational initiatives that bring the scale of the challenges and the necessary steps into public awareness.
At Wastes Service Group we know how important education is. That is why we focus on initiatives such as the conference held to mark our 25th anniversary and the opening of our new plant in Wszemirów. Part of it was a debate on the obligations of producers and recyclers, and you can read the summary on our website.
With 25 years on the market, we have gained extensive experience in comprehensive support for producers, importers and recyclers. We work with businesses, public institutions and academia to make waste management even more efficient. You can learn about our history on our About us page.
Adapting to the new requirements for trading, collecting and recycling batteries brings many challenges. For businesses, we have prepared an offer that includes advisory services, organisation of collection systems and audits confirming compliance with the Batteries Regulation. Read more about working with Wastes Service Group in our offer.
