Towards a circular economy for all batteries: key points of the new European Regulation

On 12 July 2023, the European Parliament and the Council adopted Regulation 2023/1542 on batteries and battery waste (the "Battery Regulation"), repealing Directive 2006/66/EC.

The new Battery Regulation introduces a comprehensive legal framework for all batteries and their entire life cycle, from manufacturing to waste management, including potential second-life uses.  Its aim is to ensure the proper functioning of the internal market while reducing the harmful effects of batteries on the environment and human health. In particular, the regulation strengthens the obligations related to the principle of extended producer responsibility (EPR).

As a reminder, under French law, the EPR principle already requires companies to participate in the end-of-life management of the products they place on the market and to prevent waste generation (through eco-design, extending products lifespans, and promoting repair and reuse, etc.). The European Regulation strengthens these requirements and broadens their scope to include all types of batteries (previously limited to portable batteries).

Most of these new obligations have been integrated into the French Environment Code and will apply from 18 August 2025¹.  As a result, Section 7, "Batteries and accumulators", of Book V, Title IV, Chapter III of the French Environment Code has been renamed "Batteries".

• Timeline: imminent application

Although the Battery Regulation officially entered into force on 17 August 2023, its implementation will be phased in according to a schedule specific to each measure, extending from 2024 to 2036. Most requirements will take effect on 18 August 2025.

• Extension of the categories of batteries covered

The EPR scheme, which has so far been limited to portable batteries, will be extended to include all categories of batteries from 18 August 2025².

The Regulation applies to the following categories of batteries:

-  portable batteries, 
-  starting, lighting and ignition batteries (SLI batteries), 
- light means of transport (MTL batteries), 
- electric vehicle batteries, and
- industrial batteries.

It also applies to batteries that are incorporated into or added to products.

• New obligations for economic operators

In addition to existing obligations, the new Regulation introduces strict standards for sustainability, safety, labelling, marking and information, which are essential for a battery to be placed on the market or used in the EU. These obligations include, in particular:

- the display of the carbon footprint,
- the creation of a digital passport for batteries,
- specific labelling requirements,
- due diligence obligations for producers,
- the obligation to allow consumers to remove and replace batteries,
- restrictions on hazardous substances,
- an obligation to display the eco-contribution at the point of sale of a new battery,
- an obligation to take back waste batteries in stores.

It should be noted that the applicable obligations vary depending on the type of battery concerned.

Failure to comply with these obligations is subject to penalties.

In France, new Article R. 543-129 was introduced into the French Environment Code and provides for sanctions in the event of non-compliance with the Battery Regulation from 18 August 2025. This initiative illustrates France's commitment to rapidly harmonising its national obligations with the new European rules.

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1 - Law No. 2024-364 of 22 April 2024 (DDADUE 4) and Decree No. 2024-1221 adapt the French regulatory framework for battery waste management to European requirements.
2 - Article L. 541-10-1 (6) of the French Environment Code