Government implements EU battery regulation. We know the assumptions of the draft law

The Government's legislative work list has published the assumptions of the new Batteries and Waste Batteries Act (number UC107), the main aim of which is to bring Polish law in line with EU Regulation 2023/1542. The document implements comprehensive regulations for the entire life cycle of batteries - from design, production to collection and processing.

The battery regulation has entered into force, we are still waiting for the Polish law

Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries entered into force on 24 February 2025. The new regulation broadens the information obligations of producers towards consumers, obliges specific labelling of batteries and emphasises recycling and circularity.

The battery regulation obliges battery manufacturers to, among other things:

• implementation of due diligence procedures in supply chains,
• labelling and marking of batteries,
• the use of recycled materials to manufacture new batteries,
• to produce a carbon footprint declaration for the batteries produced,
• ensure the separate collection and treatment of batteries,
• achieving the collection rates for portable and LTM batteries set out in the regulation,
• accepting waste batteries from end-users free of charge.

Most of these obligations come into force on 18 August 2025. As the deadline for the implementation of the regulations approaches, the Ministry of Climate and Environment has drafted the assumptions of the Battery Act, which has been published in the Government's legislative work list (project number UC107). The draft law is intended to ensure the effective application of the regulation's provisions in Poland. The current Act of 4 April 2009 on batteries and accumulators will be repealed in its entirety.

There will be a Polish ROP for batteries and new BDO functionalities

One of the key objectives of the Polish law is introduction of an obligation for battery producers to conclude a contract with a producer responsibility organisation (PRO Producer Responsibility Organisation). This is particularly important in the context of the large number of importers from outside the European Union - the new rules are intended to counter the phenomenon of 'free riders', i.e. companies avoiding environmental obligations.

The national act will also provide a legal framework for the operation of producer responsibility organisations, including a procedure for authorising the fulfilment of extended producer responsibility obligations for batteries. The liability organisation will be required to conclude agreements with collectors and waste battery treatment facilities. Its activities will not only be monitored by the relevant authorities, but will also be subject to a mandatory external audit at least every three years.

The Battery Regulation requires Member States to designate one or more bodies to fulfil extended producer responsibility obligations and to establish a register of battery producers. In Poland, this register will be the BDO already in place, which will include information on the types of batteries first made available by a producer on the Polish market and how it complies with its ROP obligations.

Obligation to appoint an authorised representative for foreign introducers

Under the Battery Ordinance all manufacturers selling batteries to end-users from other Member States and by means of distance communication are obliged to designate authorised representative for ROP in each of these Member States. This obligation derives directly from the Regulation and will be applied directly as early as 18 August 2025. It applies to introducers of all types of batteries, including those built into appliances, light transport or other vehicles.

Product fee for batteries and accumulators under new rules

According to the IEA's plans, the draft Battery Act will clarify the rules for collecting, storing and processing used batteries, including those used in electric vehicles and industrial installations. It will also specify the rules for calculating and paying the product levy for a battery that will be imposed on producers failing to meet minimum collection rates. We can also expect an update of the current product fee rates for batteries - the new Battery Act will set a minimum and maximum rate for this fee, and the actual rates for waste portable batteries and waste LMT batteries will be set in an implementing act issued on the basis of statutory delegation.

A deposit fee charged to customers when they purchase SLI batteries will also be introduced, with the obligation to return it after the used cell has been returned. The unclaimed deposit fee will go into a special account of the provincial marshal.