Battery Regulation: Implementing act for uniform conditions for reporting to the EU Commission in progress
The Battery Regulation was adopted in July 2023 and entered into force in August 2023. Nevertheless, there is still a lot of regulatory activity surrounding the Battery Regulation. An implementing act pursuant to Art. 76 (5) of the Battery Regulation, which concerns reporting to the EU Commission, is currently in preparation.
What is the background?
The Battery Regulation applies directly in the EU member states. At the same time, scope for discretion and regulatory mandates are included, particularly for member state legislators and the EU Commission. The German legislature recently enacted the BattDG, which we reported on here.
The EU Commission exercises its discretion in particular through delegated acts and implementing acts, respectively, thereby fulfilling its regulatory mandate. These legal acts will be enacted successively over the next few years.
We have already reported on significant developments here and here.
What is the draft currently being planned about?
The draft concerns the reporting obligation of member states to the Commission. According to Arti. 76 (1) of the Battery Regulation, Member States must publish certain data for each calendar year, broken down by battery category and chemical composition, on portable batteries, SLI batteries, starter batteries, industrial batteries, and electric vehicle batteries. This includes, among other things, data on recycling efficiency and recovery rates.
This data must be published in a format specified by the Commission in an implementing act pursuant to Art. 76 (5) of the Battery Regulation. This implementing act is currently being prepared and can be accessed here as a draft.
The deadline for statements was August 11, 2025.
What happens next?
The draft has yet to be adopted by the EU Commission. The legal act was actually supposed to be adopted by August 18, 2025. Most recently, adoption was scheduled for the third quarter of 2025.
We will continue to keep you informed about developments relating to the Battery Regulation.
Many thanks to Markus Menje for his valuable help in preparing this post.
