New Regulation on Batteries and Waste Batteries

Published on 11 July 2023 · Last updated 28 October 2026

The EU Batteries Regulation, Regulation (EU) 2023/1542, applies since 18 February 2024 and replaces the Batteries Directive in stages. Manufacturers, importers and distributors of batteries, and companies that sell products containing batteries, face phased duties on conformity and CE marking, labelling, producer registration, removability, battery passports and supply-chain due diligence (Article 96).

This page is for manufacturers, importers, brand owners and online sellers of batteries and battery-powered products on the Dutch and EU market. It gives the dates that apply now and in 2027, explains which role carries which duties and shows when contracts and compliance files need legal review. Selling batteries or devices with batteries in the Netherlands? Ask our product regulation attorneys which obligations apply to your products.

When do the obligations of the Batteries Regulation apply?

In stages. The Regulation applies from 18 February 2024, with later dates for specific duties: conformity assessment and CE marking from 18 August 2024, extended producer responsibility from 18 August 2025, and removability, QR codes and battery passports from 18 February 2027 (Articles 13, 77 and 96).

Obligation	Applies from	Legal basis
General application of the Regulation	18 February 2024	Article 96(2)
Conformity assessment (Article 17) and obligations of economic operators, including CE marking by the manufacturer (Chapter VI)	18 August 2024	Article 96(2)(b)
Separate collection symbol on all batteries	18 August 2025	Article 13(4)
Extended producer responsibility, including registration (Chapter VIII)	18 August 2025	Article 96(2)(c)
Batteries Directive 2006/66/EC repealed (with some transitional provisions)	18 August 2025	Article 95
Labels with general information and capacity	18 August 2026, or 18 months after the implementing act, whichever is later	Article 13(1) to (3)
Removability and replaceability of portable and LMT batteries	18 February 2027	Articles 11 and 96(2)(a)
QR code on all batteries; battery passport for EV, LMT and industrial batteries above 2 kWh	18 February 2027	Articles 13(6) and 77(1)
Battery due diligence policies	18 August 2027	Article 48(1), as amended by Regulation (EU) 2025/1561

Several dates, such as those for the carbon footprint declaration of electric vehicle batteries, depend on delegated or implementing acts and run from the latest of a fixed date or a period after that act (Article 7). Check the consolidated text and the acts adopted for your battery category before you fix a planning date.

Who has obligations under the Batteries Regulation?

Every economic operator in the chain. Manufacturers design, document and mark the battery; importers and distributors check that this has been done; producers carry extended producer responsibility in each Member State where they first make batteries available (Articles 38, 55 and 56).

Role	Main duties	Articles
Manufacturer	Design to the sustainability and safety requirements, technical documentation, conformity assessment, EU declaration of conformity, CE marking, labelling	38
Producer (extended producer responsibility)	Register in each Member State where batteries are first made available; finance collection and treatment	55 and 56
Producer selling from outside the EU directly to end-users	Appoint an authorised representative for extended producer responsibility in each Member State, by written mandate	56(3)
Company that places products with incorporated portable batteries on the market	From 18 February 2027: make sure the end-user can remove and replace the battery, and provide instructions	11
Economic operators placing batteries on the market (above the thresholds)	From 18 August 2027: due diligence policies, verified by a notified body	48

Producer status follows from the Regulation’s own definition and is not the same as manufacturer status: a Dutch company that supplies e-bikes from a third country on the Dutch market for the first time is the producer of the batteries in those bikes for the Netherlands (Article 3(1), point (47)(c)). A producer may only make batteries available in a Member State if it is registered there (Article 55(2)).

What does the removability requirement mean for your products?

From 18 February 2027, anyone who places products with portable batteries on the market must ensure the end-user can remove and replace the battery at any time with commercially available tools; tools that are proprietary or not commercially available, heat and solvents may not be needed, unless such a tool is supplied free of charge (Article 11(1)).

Some products may be designed so that only independent professionals can replace the battery, for example appliances used in a wet environment where that is needed for safety (Article 11(2)). Article 11 contains further exceptions, which were widened by a delegated regulation entering into force on 11 November 2026. Whether one applies to your product is a legal assessment that should be documented in the technical file. Because product redesign takes time, this is the requirement where early advice saves most cost.

What must battery labels and QR codes show?

All batteries carry the separate collection symbol from 18 August 2025. Labels with general information, and capacity or minimum duration information, follow from 18 August 2026 or later, and from 18 February 2027 every battery needs a QR code that links to the required information or the battery passport (Article 13).

For electric vehicle batteries, LMT batteries and industrial batteries above 2 kWh, the QR code leads to the battery passport, an electronic record with information on the model and the individual battery (Article 77). The manufacturer must keep the technical documentation and the EU declaration of conformity for ten years after the battery is placed on the market (Article 38(4)).

How are batteries enforced in the Netherlands?

The Regulation applies directly in the Netherlands. A Dutch act providing the legal basis for implementing it was published in 2026 (Stb. 2026, 330); check its entry into force and the designated supervisory authority before relying on specific Dutch enforcement powers.

Under EU market surveillance rules, authorities can require corrective action, withdrawal or recall of non-compliant products (Regulation (EU) 2019/1020). For extended producer responsibility in the Netherlands, see also our page on product recycling regulations in the Netherlands.

Practical example: a Chinese e-bike brand entering the Dutch market

Suppose a Chinese e-bike manufacturer sells directly to Dutch consumers through its own web shop. The e-bike battery is an LMT battery: it needs CE marking, a declaration of conformity and, from 18 February 2027, a QR code linking to a battery passport (Articles 13(6), 38 and 77).

Because the manufacturer sells from outside the EU to end-users, it must appoint an authorised representative for extended producer responsibility in the Netherlands by written mandate and be registered before batteries are made available there (Articles 55(2) and 56(3)). Batteries are also covered by Article 4 of Regulation (EU) 2019/1020, so an economic operator established in the EU, such as an authorised representative or a fulfilment service provider, must be responsible for documentation and cooperation with authorities. A Dutch importer that later takes over distribution should check in its supply agreement who holds the producer registration, who pays the producer fees and who bears the cost if a battery has to be redesigned to meet the removability rules.

When do you need a lawyer for the Batteries Regulation?

When you need to determine your role (manufacturer, importer, producer, distributor), when a product redesign or a sourcing contract is affected by the 2027 deadlines, when a marketplace or customer asks for warranties, and when an authority questions your compliance.

MAAK Advocaten in Amsterdam assists battery and product manufacturers, importers and online sellers: we map your obligations per role, draft supply and distribution clauses on compliance, cost and liability, review mandates for authorised representatives and represent you in enforcement and disputes. Martin Krüger is your contact for product regulation; see our product regulation attorney page and our overview of EU product law.

Frequently asked questions about the EU Batteries Regulation

When did the EU Batteries Regulation start to apply?

On 18 February 2024, with later dates for specific obligations such as CE marking (18 August 2024), producer responsibility (18 August 2025) and removability (18 February 2027) (Article 96 of Regulation 2023/1542).

From when must batteries in phones and devices be removable?

From 18 February 2027, portable batteries in products must be removable and replaceable by the end-user with commercially available tools, subject to the exceptions in Article 11.

Which batteries need a battery passport?

From 18 February 2027, each LMT battery, each industrial battery above 2 kWh and each electric vehicle battery placed on the market needs an electronic battery passport (Article 77(1)).

When do battery due diligence obligations apply?

From 18 August 2027, after a postponement by Regulation (EU) 2025/1561 (Article 48(1) of Regulation 2023/1542).

Does a non-EU seller need a representative for batteries?

Yes, if it sells batteries directly to end-users in a Member State: it must appoint an authorised representative for extended producer responsibility in each Member State concerned (Article 56(3)).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.