On September 11, 2025, the German Bundestag passed the Batterierecht-EU-Anpassungsgesetz (Battery Law Adaptation Act) to adapt German battery law to the EU Battery Regulation 2023/1542. Among other things, battery manufacturers and local authorities will have to set up collection systems for all types of batteries in future.
The EU Battery Regulation is a standardized legal framework for the production of batteries and the disposal of waste batteries. The regulation governs, for example, the restriction of hazardous substances, the design and labeling of batteries. It also contains specifications for batteries, due diligence obligations in the supply chain and the collection and treatment of waste batteries.
German battery law now had to be adapted to the requirements of the EU regulation. In particular, the German Battery Act is now to be replaced by a Battery Law Implementation Act (BattDG).
These are the key points of the adjustments:
Manufacturers will have to set up collective collection systems for batteries
In future, battery manufacturers will be obliged to set up collective collection systems for all categories of batteries and to deposit security deposits. Consumers will also be able to return used batteries from e-bikes and e-scooters to municipal collection points. The minimum collection rate of 50% is to remain in place for the time being. In the long term, however, the collection targets will have to be raised and brought into line with the EU Battery Regulation. The collection rate will have to be 63% by the end of 2027 and 73% by the end of 2030.
To enable municipal collection points to equip themselves with special containers for accepting lithium-ion batteries from e-bikes or e-scooters, the take-back obligation for public waste management authorities will not come into force until January 1, 2026.
Local authorities may continue to recycle starter batteries themselves
In future, the public waste management authorities (örE) will also be allowed to market the voluntarily collected waste starter and industrial batteries independently. They should be able to use the disposal proceeds to offset any costs arising from the collection of waste batteries. However, according to the amendment passed by the Bundestag, local authorities will in future have to notify the recycling of starter and industrial batteries in advance and then accept them for a minimum period of two years. Self-recycling is also accompanied by new reporting obligations. For example, detailed data on the number of batteries collected and their recycling routes must be reported annually to the Federal Environment Agency. Another change concerns the inclusion of online platforms in producer responsibility.
Pick-up coordination only as a fall-back option
One concern of battery manufacturers was additional bureaucracy due to official collection coordination by the EAR (Waste Electrical and Electronic Equipment Register) foundation. However, this only comes into play if a collection or take-back point is not affiliated with a producer responsibility organization or a manufacturer, or if the collection is not carried out by the corresponding producer responsibility organization or the manufacturer (substitute solution). In this case, a report must be made to the competent authority, which triggers an official assignment in the first place. An additional inspection obligation has been waived in order to avoid “gold plating” – i.e. excessive implementation of EU requirements.
Federal government to examine the establishment of a deposit system
As part of the legislative process, the Bundestag has also called on the federal government in a resolution to examine the national establishment of a deposit system for batteries containing lithium within one year. Representatives from politics, industry and authorities are to discuss this as part of a round table on “Measures against fire incidents in waste disposal”. By July 31, 2026, the German government is to examine whether battery manufacturers should be more closely involved with the EAR Foundation or via an independent joint body in the future. Such a model could potentially be transferred to other product areas at a later date, which would be subject to extended producer responsibility in the future. In addition, the German government should advocate a Europe-wide regulation for online platforms at EU level as part of the announced Circular Economy Act, which would oblige them to actively participate in complying with the extended producer responsibility requirements.
Conclusion and outlook
In particular, the aim of better separating batteries and recycling them in order to conserve resources and replace finite primary raw materials is a major current and future issue. Companies and local authorities should deal with the changes at an early stage and identify their own need for adaptation.
This is all the more true as the EU Battery Regulation addresses obligations very broadly and, in addition to “producers” of batteries, also covers “economic operators” in general. It should be emphasized that with Section 3 No. 1 BattDG, the legislator has now extended the definition of producer at national level once again, as retailers are now also explicitly considered to be “producers” if they intentionally or negligently provide batteries from producers who are not properly registered. In this respect, the national legislator has opted for “gold plating” and a strict implementation.
In this regard, innovations in other regulations must also be taken into account at an early stage, such as the current implementation process for the Industrial Emissions Directive. With regard to the not new demand for the introduction of a deposit system for batteries containing lithium, it is to be feared that the considerable delay that has now occurred will further exacerbate the unfortunately daily practice of fires and the associated risk of a disposal emergency. A prompt solution would have been particularly important here, an opportunity that has been missed, at least for the time being.
Listen to our podcast on the EU Battery Regulation.
