Battery Waste Management and Compliance
- Battery Associates
- Mar 24
- 5 min read
Updated: Mar 24
The EU Battery Regulation (2023/1542), enforces stricter sustainability requirements, extended producer responsibility (EPR), and collection and recycling targets. This regulation applies to all battery types, including portable, industrial, light means of transport (LMT), electric vehicle (EV), and starting, lighting, and ignition (SLI) batteries. It outlines obligations for economic operators, including producers, importers, distributors, and waste management authorities, ensuring compliance with waste collection requirements, cross-border shipments, treatment standards, recycling efficiency, and recovery targets.
Key regulatory objectives include:
Establishing a harmonised framework for battery waste management across the EU.
Holding producers accountable for the entire lifecycle of batteries through EPR.
Increasing collection and recycling rates to recover valuable raw materials, minimise reliance on raw material extraction, and reduce environmental hazards.
Distinction Between Waste and Used batteries
The classification of waste batteries is legally defined under Article 3(50) of Regulation (EU) 2023/1542, aligning with Article 3(1) of Directive 2008/98/EC. According to this definition, a battery is considered waste if:
The holder discards it, intends to discard it, or is required to discard it.
It is no longer suitable for its intended purpose and is not being repurposed or remanufactured.
A distinction is made between waste batteries and used batteries that have been subjected to re-use. Preamble (16) of the Regulation states that a “used battery”, i.e., a battery that has been subject to re-use, is considered to have already been placed on the market when it was first made available on the market for use or distribution.
Regulations are directly binding legal acts, and this definition applies widely throughout all EU Member States without the need for national transposition into domestic law.
Producer Registration and Information Requirements
To improve traceability and compliance, producers must electronically register, in each Member State, where they first place a battery on the market. This requirement ensures that every battery placed on the market is properly recorded, allowing for more effective waste management and compliance monitoring. (Article 55)
Producers within the EU must register their entity in the country of sale before placing the batteries.
Producers outside the EU can appoint an authorised representative in the Member State where they market their batteries.
Each Member State must maintain a national registry of producers to monitor compliance and ensure proper waste management obligations are met.
Extended Producer Responsibility (EPR)
The EU Battery Regulation imposes Extended Producer Responsibility (EPR), as defined in Article 56, which requires battery producers to finance and manage the collection, treatment, and recycling of their products at the end of their lifecycle. The regulation mandates that producers must:
Ensure the collection of used batteries through take-back systems.
Cover the costs of separate collection, transport, and treatment.
Fund awareness campaigns to educate consumers about proper battery disposal.
Conduct waste composition surveys to track the presence of improperly discarded batteries in municipal waste streams.
If a battery undergoes reuse, repurposing, or remanufacturing, special EPR conditions apply:
If a company modifies a battery and places it back on the market, it assumes the role of a new producer and is subject to full EPR obligations.
Cost-sharing mechanisms must be implemented when multiple parties are involved in the extended lifecycle of a battery.
Producer Responsibility Organizations (PROs)
The regulation allows producers to delegate their compliance obligations to a Producer Responsibility Organization (PRO). PROs manage collection, treatment, and reporting obligations on behalf of producers, ensuring compliance with EPR requirements. (Article 57)
Organising collection and recycling systems for waste batteries.
Publishing annual reports on collection rates and recycling efficiency.
Ensuring fair treatment of all producers, regardless of their market size.
Adjusting financial contributions based on battery type, chemistry, and environmental impact.
Even when a producer appoints a PRO, they remain legally accountable for meeting all compliance obligations.
Role of Authorized Representatives
Non-EU producers can appoint an Authorized Representative to fulfil regulatory obligations in the first EU Member State where they market their batteries.(Article 56(3)). Responsibilities of the Authorized Representative are:
Acting as the producer’s legal entity for compliance purposes.
Ensuring proper reporting to national authorities.
Liaising with regulatory bodies to verify waste collection and recycling compliance.
This appointment must be formalised through a written mandate by the producer, ensuring legal clarity on compliance responsibilities.
Shipping Requirements for Waste and Used Batteries
Waste battery shipments must comply with Annex VI and XIV, which set out specific documentation and transport safety measures. Business-to-business transfers of used batteries intended for repurposing may be exempt from certain documentation requirements. However, strict guidelines apply to lithium-based batteries due to the associated fire hazards, requiring additional transport precautions. Exporting waste batteries outside the EU requires proof that the receiving country has equivalent recycling standards to ensure environmental protection.
Battery Collection System and Targets
Producers and PROs must ensure the separate collection of waste batteries, ensuring that consumers and businesses have access to take-back systems. Distributors are required to offer free battery take-back services to consumers, while public waste management authorities may establish additional collection points.
Treatment Requirements and Recycling Efficiency Targets
The regulation prohibits landfilling and incineration of collected batteries under Article 70. Facilities handling waste batteries must comply with Directive 2010/75/EU on industrial emissions, ensuring that recycling processes minimize environmental harm. Storage and treatment requirements are also addressed in Part A of Annex XII.
The regulation aims to create a sustainable, closed-loop battery system by imposing strict collection targets, holding producers responsible for the full lifecycle of their products, and enforcing high recycling efficiency standards. Economic operators must take proactive actions to comply with the latest regulations, including proper registration, fulfilling EPR duties, and contributing to collection and recycling targets.
Collaboration throughout the value chain is necessary to make the switch to a circular economy for batteries. Governments, producers, recyclers, and consumers all have a responsibility to ensure that batteries are appropriately managed, maximising material recovery while reducing environmental impact.
At Battery Associates (B.A), we offer comprehensive compliance solutions for European battery regulations, guiding you through the industry's evolving landscape. Our expert team offers tailored solutions and insights to navigate these requirements seamlessly. Reach out to us for detailed support and information on meeting compliance standards.
About the Author
Junior Research Analyst - Battery Associates
Gokul is currently a Junior Analyst at Battery Associates. He holds a master's degree in energy engineering from Politecnico di Milano and a bachelor's degree in mechanical engineering. His expertise lies in power generation, renewable energy, and energy storage. Gokul is passionate about battery technology and its ability to fulfill the changing needs of the energy sector. He is particularly interested in battery energy storage systems (BESS) , Electric vehicles (EV) , and promoting a circular economy throughout the battery value chain.
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