Client Information - Producer Registration for Batteries

Dear clients,

Dear interested readers,

First and foremost, we would like to wish you a happy and successful start to the year 2026.

In recent years, it has been our aim to support you as a competent partner in matters relating to, among other things, battery law, and to keep you fully informed about new developments in this area in a timely manner. We intend to continue this practice in the year ahead. Against this background, we would like to remind you once again of the important deadline for producer registration on 15 January 2026. The new requirements are relevant if your company is a producer or distributor of batteries (including batteries that are built into other products) in Germany. Below you will find the most important information on this topic presented in a FAQ format. This is an updated version of the information we previously made available in a blog post.

We look forward to continuing our successful cooperation in the new year and send you our warmest regards.

I. What is the legal background?

The European Batteries Regulation entered into force in 2023. Its provisions are taking effect step by step. Since August 2025, the rules of the Batteries Regulation on Extended Producer Responsibility (EPR) have applied. In October 2025, the (long-awaited) German Battery Implementation Act (BattDG) also came into force, which serves to implement and supplement the Battery Regulation in Germany. Among other things, it contains new regulations on producer registration.

II. Who is affected by the new regulations?

The registration requirement applies solely to producers of batteries within the meaning of the Batteries Regulation and the BattDG. It should be noted that the definition of “producer” is not the same as the meaning of “manufacturer.” The producer definition in the Batteries Regulation is broader and covers all scenarios listed in Article 3 (1) No. 47.

Anyone who negligently supplies batteries that are not registered or not properly registered may themselves become a producer under the law (Section 3 No. 1 BattDG). The distributor would then have to comply with the producer's obligations themselves. In addition, in this case, a traffic ban applies to batteries that are not registered or not properly registered. Violations can be penalized as administrative offenses.

III. What is new in the producer registration process?

Due to the changes in the legal framework, four major innovations affect producer registration:

• New battery categories apply: the previous three categories have been expanded to five. Registration must be made for the relevant battery category.
• Producers must participate in an approved PRO (Producer Responsibility Organisation) or obtain approval to fulfill EPR requirements themselves.
• The chemical composition of the batteries must be provided.
• The tax ID number must be provided.

IV. What happens to “old” registrations?

Existing registrations, especially those under the (old) German Battery Act (BattG), will only remain valid until January 15, 2026. Participation in a PRO must be completed by this date and proof of participation must be provided. In addition, the other new information listed above (III.) must be provided. The information is to be provided (as before) via the stiftung ear portal. The latter has also set up an information page entitled “Fit for BattVO”. 

In the event that proof of participation in a PRO is not provided in time, Section 64 (7) sentence 1 BattDG stipulates that corresponding registrations shall be deemed retroactively revoked as of January 1, 2026. The consequence: extensive traffic bans for producers, distributors, and fulfillment service providers of batteries (Section 4 BattDG).

V. What practical difficulties currently exist in the producer registration process?

The deadline of January 15 is approaching fast, but the PROs first had and have to be approved. For producers, this meant that (depending on the battery category) there were and still are very few approved PROs available. This is a difficult situation, not least because producers first have to examine and compare the terms and conditions/contracts of the respective PROs and, if necessary, negotiate them. 

The list of currently approved PROs can be found here on the website of the ear foundation.

In light of these difficulties, Bitkom, VDMA, and ZVEI are currently calling on the Ministry of the Environment to declare an immediate moratorium on enforcement beyond January 15. We also consider this to be desirable. However, even if a moratorium were declared, at least competition law risks would remain.

VI. Is participation in a PRO mandatory?

Participation in a PRO will be the standard way to meet EPR obligations. However, contrary to a widespread misconception, there is no obligation to participate in a PRO. Individual fulfillment of EPR obligations is also possible (Section 7 (1) sentence 1 alternative 2 BattDG). This may be considered especially by producers who wish to gain access to their “own waste batteries.” In this case, the producer must apply for direct approval for extended producer responsibility. Stiftung ear currently offers a route for this through a so-called “Ich-OfH”.

If setting up your own PRO or obtaining your own approval is only now being considered and no preparations have yet been made, this is unlikely to be realistic by January 15, 2026. In such cases, it may be worth considering transitional participation in a PRO for one year in order to prepare for the establishment/approval in the meantime.

VII. What do operators who place batteries on the EU market need to do?

Operators placing batteries on the EU market should first clarify their role under the Batteries Regulation and the BattDG. In view of the new provisions of the BattDG, it is particularly important to determine whether a company acts as a producer (or distributor) of batteries in Germany.

Battery distributors are advised to ensure that the respective producer is aware of their role and complies with the applicable registration obligations.

Producers in Germany must comply with the new registration requirements. Participation in a PRO must be demonstrated, and the other necessary information must be provided (see III. and IV.). The deadline for this is January 15, 2026.

FRANSSEN NUSSER has many years of extensive expertise in environmental, product, and circular economy law, as well as ESG issues. Please feel free to contact us.