Urgent Need for Action for Battery Producers: Registration Requirements Are Changing – Sales Bans for Producers and Distributors May Apply

What is the legal background for this need for action?

The European Batteries Regulation entered into force in 2023. Its provisions are taking effect step by step. Since August of this year, the rules of the Batteries Regulation on Extended Producer Responsibility (EPR) have applied. Most recently, the German Batteries Law Implementation Act (Batterie-Durchführungsgesetz, BattDG) was enacted, which serves to implement and complement the Batteries Regulation in Germany.

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 is exclusively a distributor of batteries is not responsible for registration. HOWEVER: Anyone who negligently makes batteries available for which no registration exists can legally become a producer themselves (§ 3 No. 1 BattDG). In such a case, a sales ban applies to the non-registered batteries. In addition, the distributor would have to fulfill all producer obligations. Violations may constitute administrative offenses.

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.

What happens to “old” registrations?

Existing registrations under the (old) German Batteries Act (Batteriegesetz, BattG) remain valid only until 15 January 2026. By that date, producers must in particular declare participation in a PRO or obtain individual approval for fulfilling EPR obligations. If this does not happen in time, the law (§ 64 (7) sentence 1 BattDG) and the most recent statements from stiftung ear are clear: such registrations will be deemed retroactively revoked as of 1 January 2026. The result: extensive sales bans for producers, distributors, and fulfillment service providers for batteries (§ 4 BattDG).

What practical difficulty currently exists in the producer registration process?

The deadline of 15 January is approaching, but PROs themselves must first obtain approval. According to stiftung ear’s directory, only the first approvals have been issued in recent days (status as of 4 December).

Is participation in a PRO mandatory?

Participation in a Producer Responsibility Organisation 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 (§ 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. Additional requirements must be met (§ 7 (1) sentence 2 in conjunction with § 8 BattDG). Stiftung ear currently offers a route for this through a so-called “Ich-OfH”.

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.

Battery distributors are advised to ensure that the respective producer knows their role and complies with registration obligations.

Producers in Germany must keep the new registration requirements in mind. The deadline for providing a PRO is 15 January 2026. Given that only a few approvals have been issued so far, it is essential to monitor the approvals published by stiftung ear and provide all newly required information, including PRO participation, by the end of the year—at the latest, in early January.