The European Battery Regulation 2023/1542
The European Battery Regulation 2023/1542 on batteries and discarded batteries of 18/02/2024 will come into force on 18/08/2025 with regard to Chapter 8, which governs waste management.
Some of these changes will only be implemented in the autumn, since supplementary legislation in Belgium at the regional level has not yet been fully established. Below you will find further clarification on these changes and the foreseen timing.
The 8 legal obligations under EPR
As a producer of batteries, you must comply with the Extended Producer Responsibility (EPR), which comes with a range of legal obligations.
Every producer or importer that makes batteries available on the market — whether sold separately or incorporated in devices, light means of transport, or other vehicles — must fulfil the following obligations:
Declaration
Guarantee scheme
Awareness-raising and prevention
Organisation of collection
Recycling, reuse or repurposing
Demonstrating recycling efficiency
Reporting
Battery register
The battery register is a new requirement to verify whether producers are fulfilling all necessary EPR obligations regarding batteries made available on the Belgian market.
Each Member State is required to establish and manage such a register. Bebat is developing this register in collaboration with the authorities, and it will be accessible on the websites of the three regional administrations.
Participants affiliated with Bebat are automatically included in the battery register as long as they continue to fulfil their obligations, now and in the future. The list of Bebat participants can already be consulted via our website or the MyBebat portal.
Renewed participation agreement
The participation agreement signed by all Bebat participants upon registration will be amended to comply with the new legislation. A revised version of this participation agreement will be sent to all participants for signature later this year.
Appointment of a local authorised representative for foreign participants
It is also new that foreign participants must appoint a local authorised representative. This is a natural or legal person established in Belgium, designated by the producer (in accordance with Article 8 bis, paragraph 5, third subparagraph, of Directive 2008/98/EC) to fulfil the producer’s obligations under Chapter VIII of the regulation.
Bebat will provide the necessary documents and is developing an arrangement for this. This will take place simultaneously with the signing of the new participation agreement later this year.
Declaration based on new Bebat codes
As of 1 January 2026, new Bebat codes will be introduced, based on the five battery categories of the European Battery Regulation:
- Portable batteries ≤ 5 kg
- Batteries for light means of transport (LMT)
- Industrial batteries
- Starter, lighting, and ignition batteries (SLI)
- Batteries for electric vehicles (EV)
Until 31 December 2025, the Bebat codes in MyBebat will remain based on the current three categories: portable, industrial, and automotive. It is considered too complex to implement all changes mid-year, on 18 August 2025. Moreover, the information that Member States need to report to the European Commission has not yet been finalised.
Therefore, Bebat has chosen to maintain the existing codes for the entire declaration year of 2025. From 1 January 2026, the Bebat codes will be aligned with the new five categories.
Obligation to return and reporting on collection, recycling, reuse or repurposing
The Battery Regulation imposes a return obligation. This means that all end users, end sellers, distributors, and collection points, as well as operators of processing facilities for discarded electrical and electronic equipment and end-of-life vehicles, must hand over their discarded batteries to Bebat.
If, as a participant, you have had discarded batteries collected, picked up, dismantled, recycled, or repurposed outside the Bebat system, you will be required to report annually to Bebat regarding this.
This means that, in addition to the known declaration of batteries you make available on the Belgian market, you must also declare batteries you remove from the market.
Additional obligations for batteries > 25 kg
In various sectors, more and more large batteries > 25 kg are appearing, such as industrial batteries, batteries for electric vehicles, and data warehousing. For these batteries, you pay Bebat an administrative contribution, which does not cover end-of-life.
If you make batteries > 25 kg available on the market, there are several additional aspects to consider, namely the guarantee scheme and the submission form for EPR.
Guarantee scheme
The European Battery Regulation (Art.58.7) requires you as a producer to provide a guarantee if the end-of-life cost is not paid in advance – as is the case for batteries subject to the administrative contribution. In this way, the cost is also covered in the event of bankruptcy or cessation. The guarantee can take the form of a pledged account, an on-demand bank guarantee, or insurance, in your name and at your expense as the individual producer.
Bebat is exploring whether this guarantee scheme can be organised collectively by introducing an environmental contribution, so that not every producer needs to take individual steps to obtain a bank guarantee. We have found that an individual guarantee scheme involves high management costs over the long term. Moreover, the guarantee must be adjusted annually according to the batteries you made available on the market and the evolution of costs. This brings significant financial uncertainty for you as a producer. We will keep you further informed on this matter.
Submission form for EPR
At the request of the regional authorities, all participants declaring batteries > 25 kg (excluding ESS and lead batteries) under the administrative contribution to Bebat, must submit a form indicating how they will organise the end-of-life obligations of these batteries themselves. This covers aspects such as collecting, picking up, dismantling, recycling, reusing or repurposing of batteries.
This obligation is also very complex and labour-intensive and will be avoided by introducing an environmental contribution.
Information obligations towards consumers
As a producer, you are obliged to provide end users with information on the correct, safe and responsible use of batteries. You must also explain the meaning of the labels and symbols on the batteries. Distributors and retailers must also make this information available to their customers. Bebat has prepared a poster for this purpose to help you comply with these obligations. You will receive more information shortly in a separate mailing.
Specific obligations for online marketplaces
In addition to the 8 legal EPR obligations, there is an additional obligation for providers of online marketplaces.
Providers of online marketplaces must inform producers who sell via their platform about their EPR obligations regarding batteries. They may only allow producers who can demonstrate that they are affiliated with Bebat or have an individual plan approved by the authorities.
If a producer cannot demonstrate this, the provider must deny them access to the online marketplace. Annually, before 1 March, the provider must provide the regional authorities with an overview of all producers who were active on the marketplace in the previous year. In case of violations, the marketplace must bar the producer, otherwise it assumes responsibility itself.
Marketplace providers who are themselves producers must also comply with EPR. Producers who use marketplaces for sales in Belgium must comply with all EPR obligations listed above.
