As of 18 February 2026, the general date of application of Regulation (EU) 2023/1542 concerning batteries and waste batteries (the “Battery Regulation”) had already marked its second anniversary. However, the European Commission has still not further specified numerous obligations. This article places the developments under the Battery Regulation to date in context and outlines the obligations to come.
What has happened so far
- Entry into force of the Battery Regulation on 17 August 2023: Directive 2006/66/EC on batteries was repealed as of 18 August 2025 (subject to certain transitional provisions).
- Staggered application of individual obligations: Since 18 February 2024, the individual provisions and obligations of economic operators have applied step by step (as discussed in more detail here).
- Obligations applicable since 18. August 2024:
- performance and durability requirements for rechargeable industrial batteries, LMT batteries and electric vehicle batteries (Art. 10 Battery Regulation)
- safety requirements for stationary battery energy storage systems (Art. 12 Battery Regulation)
- information requirements relating to battery management systems (Art. 14 Battery Regulation)
- Obligations applicable since 18. August 2025:
- registration obligation in the register of producers (Art. 55 Battery Regulation)
- extended producer responsibility requirements (Art. 56 et seq. Battery Regulation)
- Due diligence obligations postponed by Omnibus IV: The requirements under Chapter VII of the Battery Regulation, originally applicable from 18 August 2025, were postponed to August 2027 by Regulation (EU) 2025/1561 (“stop-the-clock”).
- Open date of application for further obligations: Numerous further obligations (such as the carbon footprint declaration or binding minimum recycled content) depend on secondary legislation by the European Commission that is still pending. Due to significant delays, the practical date of application of key parts of the Battery Regulation therefore remains outstanding (as discussed in more detail here).
- National implementation accompanying the Battery Regulation: Since 7 October 2025 the Battery Regulation has been supplemented under German law by the German Battery Law Implementation Act (Batterierecht-Durchführungsgesetz – “BattDG”), which replaces the previous German Battery Act (Batteriegesetz – “BattG”); in particular, it governs:
- administrative fine provisions (Sec. 60 BattDG),
- the responsibilities of national authorities (the Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle – “BAFA”) for Chapter VII of the Battery Regulation; the German Environment Agency (Umweltbundesamt – “UBA”) for Chapter VIII of the Battery Regulation),
- producer registration (Sec. 5 BattDG in conjunction with Art. 55 Battery Regulation).
What the future will bring
The future of the Battery Regulation will continue to be shaped primarily by the phased entry into force of additional requirements and the ongoing specification of existing requirements through delegated acts, implementing acts and guidance issued by the European Commission.
A particularly relevant date is 18 February 2027. On that date, further key obligations under the Battery Regulation will enter into force:
- Under Article 11 of the Battery Regulation, products incorporating portable batteries or LMT batteries will in future have to be designed in such a way that the batteries can be readily removed and replaced by the end-user or, in the case of LMT batteries, by independent professionals.
- Also from 18 February 2027, the obligation to introduce a (digital) battery passport under Article 77 of the Battery Regulation will apply. This will cover LMT batteries, industrial batteries with a capacity greater than 2 kWh and electric vehicle batteries.
The date of application of the battery due diligence obligations, postponed by the Omnibus IV package, is scheduled for 18 August 2027.
The date of application of further obligations remains open. At present, five delegated acts or implementing acts of the European Commission under the Battery Regulation are in preparation, including the following:
- Carbon footprint of electric vehicle batteries
The obligation to provide a carbon footprint declaration under Article 7(1) of the Battery Regulation is to apply gradually to electric vehicle batteries, rechargeable industrial batteries with a capacity greater than 2 kWh and LMT batteries. In the case of electric vehicle batteries, however, it will not apply from 18 February 2025, but twelve months after the adoption of a further specifying legal act by the European Commission.
However, the delegated act on the methodology for calculating and verifying the carbon footprint of electric vehicle batteries is still at draft stage. As a result, the implementation of one of the Battery Regulation’s key sustainability requirements is being delayed further.
- Labelling and marking of batteries under Article 13 (1) – (3) of the Battery Regulation
Under Article 13 (1) to (3) of the Battery Regulation, batteries will in future have to comply with the general labelling and information requirements set out in Part A of Annex VI to the Battery Regulation. In addition, special labelling requirements apply to rechargeable and non-rechargeable batteries: rechargeable portable batteries, LMT batteries and SLI batteries must include information on their capacity; non-rechargeable portable batteries must include information on their average minimum duration and on the fact that they are not rechargeable.
These requirements will apply at the earliest from 18 August 2026 or 18 months after the entry into force of the implementing act of the European Commission specifying those requirements. A corresponding draft has been available since 15 December 2025 but is unlikely to enter into force before 18 August 2026. The date of application of the labelling requirements is therefore also likely to be postponed.
- New product exemptions from removability and replaceability requirements
Under Article 11(1) of the Battery Regulation, batteries must in principle be designed from 18 February 2027 onwards so that they can be readily removed and replaced during the lifetime of the product. Article 11(2) of the Battery Regulation provides for exceptions to this obligation, for example for certain medical devices where replacement need only be possible by independent professionals. The list of exceptions is to be expanded by a delegated act of the European Commission. A corresponding draft has been available since 28 April 2026. In particular, exemptions are envisaged for:
- wearable devices such as smartwatches,
- electrical toys (temporarily until 31 July 2030),
- wireless temperature sensors with food contact,
- products falling within the scope of ATEX Directive 2014/34/EU,
- body-worn medical delivery systems such as insulin pumps,
- telematics devices for agricultural machinery and construction machinery.
The originally planned date of adoption was the first quarter of 2026. The draft remained in the public feedback phase until 26 May 2026, meaning that further changes to the list of exceptions remain possible.
- Further relief by way of the Omnibus package
As part of the Omnibus IV package, in addition to postponing the date of application of Chapter VII (battery due diligence obligations) to August 2027, an expansion of the exemptions from the due diligence obligations is also planned. According to a European Commission proposal of 21 May 2025 (COM 2025/501), so-called small mid-cap enterprises (SMCs) are also to be exempted in future from the due diligence obligations under Article 47 of the Battery Regulation. For this purpose, the current turnover threshold of EUR 40 million is to be increased to net turnover of EUR 150 million. The Commission’s aim is to extend the relief measures currently provided for SMEs to additional medium-sized enterprises.
In addition, there is a further Omnibus proposal by the European Commission of 10 December 2025 (COM 2025/982) relating to extended producer responsibility. Under that proposal, the application of Article 56(3) of the Battery Regulation — i.e. the obligation of producers established in the Union to appoint an authorised representative for extended producer responsibility in the case of cross-border sales — is to be suspended until 1 January 2035. The aim is to reduce the administrative burden, in particular for producers operating in several Member States.
Conclusion
Even two years after the date of application of the Battery Regulation, it continues to be characterised by delayed specification at Union level and by numerous obligations that will enter into force in the future. For economic operators, the challenge therefore lies not only in implementing the various requirements, but already in the systematic monitoring and identification of relevant regulatory developments. Companies should establish a corresponding legal monitoring / legal horizon scanning process in a structured manner as part of the Product Compliance Management System provided for under Article 49 of the Battery Regulation.
back