Competent authority
1. Member States shall designate one or more competent authorities responsible for the obligations under this Chapter, in particular for monitoring and verifying fulfilment by producers and producer responsibility organisations of their obligations under this Chapter.
2. Each Member State may also designate one contact point, among the competent authorities referred to in paragraph 1, for the purpose of communicating with the Commission pursuant to paragraph 4.
3. Member States shall lay down the details of the competent authority’s or authorities’ organisation and operation, including the administrative and procedural rules for:
(a)
the registration of producers in accordance with Article 55;
(b)
the authorisation of producers and producer responsibility organisations in accordance with Article 58;
(c)
the oversight of implementation of extended producer responsibility obligations in accordance with Article 57;
(d)
the collection of data on batteries and waste batteries in accordance with Article 75;
(e)
making information available in accordance with Article 76.
4. By 18 November 2025, Member States shall notify the Commission of the names and addresses of the competent authorities designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the names or addresses of those competent authorities.
Register of producers
1. Member States shall establish a register of producers which shall serve to monitor compliance of producers with the requirements of this Chapter.
2. Producers shall register in the register referred to in paragraph 1. They shall to that end submit an application for registration in each Member State where they make a battery available on the market for the first time.
Producers shall submit the application for registration via an electronic data-processing system as referred to in paragraph 9, point (a).
Producers shall only make available batteries, including those incorporated in appliances, light means of transport or other vehicles, on the market of a Member State, if they or, in the case of authorisation, their authorised representatives for extended producer responsibility, are registered in that Member State.
3. The application for registration shall include the following information:
(a)
name, and brand names if available, under which the producer operates in the Member State and address of the producer, including postal code and place, street and number, country, telephone number, if any, web and email address, indicating a single contact point;
(b)
national identification code of the producer, including its trade register number or equivalent official registration number and the European or national tax identification number;
(c)
the category, or categories, of batteries that the producer intends to make available on the market for the first time within the territory of a Member State, namely portable batteries, industrial batteries, LMT batteries, electric vehicle batteries, or SLI batteries, and their chemistry;
(d)
information on how the producer meets its responsibilities laid down in Article 56 and the requirements under Articles 59, 60 and 61, respectively:
(i)
for portable batteries or LMT batteries, the requirements of point (d) shall be met by providing:
—
information in written form on the measures put in place by the producer to fulfil the producer responsibility obligations laid down in Article 56, the measures put in place to fulfil the separate collection obligations laid down in Article 59(1) or Article 60(1) with regard to the amount of batteries the producer makes available on the market in the Member State, and on the system to ensure that the data reported to the competent authorities are reliable;
—
where applicable, the name and contact details, including postal code and place, street and number, country, telephone number, web and email address and the national identification code of the producer responsibility organisation appointed by the producer to fulfil its extended producer responsibility obligations in accordance with Article 57(1) and (2), including the trade register number or an equivalent official registration number and the European or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate;
(ii)
for SLI batteries, industrial batteries and electric vehicle batteries, the requirements of point (d) shall be met by providing:
—
information in written form on the measures put in place by the producer to fulfil the producer responsibility obligations laid down in Article 56, the measures put in place to fulfil the collection obligations laid down in Article 61(1) with regard to the amount of batteries the producer makes available on the market in the Member State and on the system to ensure that the data reported to the competent authorities are reliable;
—
where applicable, the name and contact details, including postal code and place, street and number, country, telephone number, web and email address and the national identification code of the producer responsibility organisation appointed by the producer to fulfil its extended producer responsibility obligations in accordance with Article 57(1) and (2), including the trade register number or an equivalent official registration number and the European or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate.
(e)
a statement by the producer or, where applicable, authorised representative for extended producer responsibility or the producer responsibility organisation appointed in accordance with Article 57(1), stating that the information provided is true.
4. Without prejudice to paragraph 3 of this Article, the information laid down in point (d) of that paragraph shall be provided either in the application for registration under paragraph 3 of this Article or in the application for authorisation under Article 58. Such application for authorisation shall include at least information on either individual or collective fulfilment of the extended producer responsibility obligations.
5. Member States may request additional information or documents, as necessary, to use the register of producers in an efficient manner.
6. Where a producer has appointed a producer responsibility organisation in accordance with Article 57(1), the obligations under this Article shall be met by that organisation mutatis mutandis unless otherwise specified by the Member State.
7. The obligations under this Article may be fulfilled on a producer’s behalf by an authorised representative for extended producer responsibility.
Where obligations under this Article are fulfilled on a producer’s behalf by an authorised representative for extended producer responsibility that represents more than one producer, in addition to the information required under paragraph 3, that authorised representative shall provide the name and the contact details for each of the represented producers separately.
8. Member States may decide that the registration procedure pursuant to this Article and the authorisation procedure pursuant to Article 58 constitute a single procedure, provided that the application meets the requirements laid down in paragraphs (3) to (7) of this Article.
9. The competent authority shall:
(a)
make available on its website information about the application process via an electronic data-processing system;
(b)
grant registrations and provide a registration number within a maximum period of 12 weeks from the moment that all the information required under paragraphs 2 and 3 is provided.
10. The competent authority may:
(a)
lay down modalities with regard to the requirements and process of registration without adding substantive requirements to those laid down in paragraphs 2 and 3;
(b)
charge cost-based and proportionate fees to producers for the processing of the applications referred to in paragraph 2.
11. The competent authority may refuse to register a producer or withdraw the producer’s registration where the information referred to in paragraph 3 and related documentary evidence are not provided or are not sufficient, or where the producer no longer meets the requirements laid down in paragraph 3, point (d).
The competent authority shall withdraw the producer’s registration if it has ceased to exist.
12. The producer, or, where applicable, authorised representative for extended producer responsibility or the producer responsibility organisation appointed on behalf of the producers it represents shall without undue delay notify the competent authority of any changes to the information contained in the registration and of any permanent cessation as regards the making available on the market within the territory of the Member State of the batteries referred to in the registration.
13. Where the information in the register of producers is not publicly accessible, Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the information in the register.
Extended Producer Responsibility
1. Producers shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State. Such producers shall comply with the requirements of Articles 8 and 8a of Directive 2008/98/EC and of this Chapter.
2. An economic operator that makes available on the market for the first time within the territory of a Member State a battery that results from preparation for re-use, preparation for repurposing, repurposing or remanufacturing operations shall be considered to be the producer of such battery for the purposes of this Regulation and shall have extended producer responsibility.
3. A producer as defined in Article 3, point (47)(d) shall appoint an authorised representative for extended producer responsibility in each Member State in which it sells batteries. Such appointment shall be made by written mandate.
4. The financial contributions to be paid by the producer shall cover the following costs for the products that the producer makes available on the market in the Member State concerned:
(a)
costs of separate collection of waste batteries and their subsequent transport and treatment, taking into account any revenues obtained from preparation for re-use or preparation for repurposing or from the value of secondary raw materials recovered from recycled waste batteries;
(b)
costs of carrying out a compositional survey of collected mixed municipal waste in accordance with Article 69(5);
(c)
costs of providing information on prevention and management of waste batteries in accordance with Article 74;
(d)
costs of data gathering and reporting to the competent authorities in accordance with Article 75.
5. In the case of making available batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing, both the producers of the original batteries and the producers of the batteries that are placed on the market as a result of those operations, may establish and adjust a cost sharing mechanism, based on the actual attribution of costs between the different producers, for the costs referred to in paragraph 4, points (a), (c) and (d).
Where a battery referred to in paragraph 2 is subject to more than one extended producer responsibility, the first producer making that battery available on the market shall not bear additional costs as a result of the cost sharing mechanism referred to in the first subparagraph.
The Commission shall facilitate the exchange of information and sharing of best practices among Member States regarding such cost sharing mechanisms.
Producer Responsibility Organisation
1. Producers may appoint a producer responsibility organisation authorised in accordance with Article 58 to fulfil the extended producer responsibility obligations on their behalf. Member States may adopt measures to make the appointment of a producer responsibility organisation mandatory. Such measures shall be justified on the basis of the specific characteristics of a given category of batteries placed on the market and related waste management characteristics.
2. In the case of a collective fulfilment of extended producer responsibility obligations, producer responsibility organisations shall ensure equal treatment of producers regardless of their origin or size, without placing a disproportionate burden on producers of small quantities of batteries, including small- and medium-sized enterprises. They shall also ensure that the financial contributions paid to them by producers:
(a)
are modulated in accordance with Article 8a(4), point (b), of Directive 2008/98/EC and as a minimum by battery category and battery chemistry, taking into account as appropriate the rechargeability, the level of recycled content in the manufacture of batteries and whether the batteries were subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing, and their carbon footprint; and
(b)
are adjusted to take account of any revenues obtained by the producer responsibility organisations from preparation for re-use or preparation for repurposing or from the value of secondary raw materials recovered from recycled waste batteries.
3. Where, in a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, they shall ensure coverage across the whole territory of the Member State of the activities referred to in Article 59(1), Article 60(1) and Article 61(1). Member States shall designate the competent authority or appoint an independent third party to ensure that producer responsibility organisations fulfil their obligations in coordinated manner.
4. Producer responsibility organisations shall ensure the confidentiality of the data in its possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives for extended producer responsibility.
5. In addition to the information referred to in Article 8a(3), point (e), of Directive 2008/98/EC, producer responsibility organisations shall publish on their websites at least each year, subject to commercial and industrial confidentiality, the information on the rate of separate collection of waste batteries, recycling efficiencies and the levels of recovery of materials achieved by the producers which appointed the producer responsibility organisation.
6. In addition to the information referred to in paragraph 5, producer responsibility organisations shall make publicly available information on the selection procedure for waste management operators selected in accordance with paragraph 8.
7. Where necessary to avoid distortion of the internal market, the Commission is empowered to adopt an implementing act laying down criteria for the application of paragraph 2, point (a), of this Article. That implementing act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with the examination procedure referred to in Article 90(3).
8. Waste management operators shall be subject to a non-discriminatory selection procedure, based on transparent award criteria, carried out by producers or producer responsibility organisations and which does not place a disproportionate burden on small- and medium-sized enterprises.
Authorisation on fulfilment of extended producer responsibility
1. A producer, in the case of individual fulfilment of extended producer responsibility obligations, and producer responsibility organisations appointed in the case of collective fulfilment of extended producer responsibility obligations, shall apply for an authorisation on fulfilment of extended producer responsibility from the competent authority.
2. The authorisation shall be granted only where it is demonstrated:
(a)
that requirements laid down in Article 8a(3), points (a) to (d), of the Directive 2008/98/EC are complied with and the measures put in place by the producer or producer responsibility organisation are sufficient to fulfil the obligations set out in this Chapter with regard to the amount of batteries made available on the market for the first time within the territory of a Member State by the producer or producers on whose behalf the producer responsibility organisation acts; and
(b)
by providing documentary evidence, that the requirements of Article 59(1) and (2) or the requirements of Article 60(1), (2) and (4), are complied with and that all the arrangements are in place to make it possible to attain and maintain durably at least the collection target referred to in Article 59(3) and Article 60(3), respectively.
3. Member States shall, in their measures laying down administrative and procedural rules referred to in Article 54(3), point (b), include the details of the authorisation procedure, which may differ according to whether it relates to individual or collective fulfilment of the extended producer responsibility obligations, and the modalities for verifying compliance of producers or producer responsibility organisations, including the information to be provided by producers or producer responsibility organisations to that end. The authorisation procedure shall include requirements on the verification of the arrangements put in place to ensure compliance with the requirements laid down in Article 59(1) and (2) and in Article 60(1), (2) and (4), and timeframes for the verification, which shall not exceed 12 weeks from the submission of a complete application dossier. The verification may be carried out by an independent expert, which shall issue a verification report on the result of verification.
4. The producer or the producer responsibility organisations shall notify the competent authority without undue delay of any changes to the information contained in the authorisation, of any changes that concern the terms of the authorisation or of the permanent cessation of operations.
5. The self-control mechanism provided for in Article 8a(3), point (d), of Directive 2008/98/EC shall be carried out regularly, and at least every three years, and upon request by the competent authority, in order to verify that the provisions in that point are complied with and the conditions for authorisation referred to in paragraph 2 of this Article continue to be met. The producer or the producer responsibility organisation shall, upon request, present a self-control report and, where necessary, the draft corrective action plan to the competent authority. Without prejudice to the competencies under paragraph 6 of this Article, the competent authority may make observations on the self-control report and on the draft corrective action plan, and shall communicate any such observations to the producer or the producer responsibility organisation. The producer or the producer responsibility organisation shall draw up and implement the corrective action plan based on those observations.
6. The competent authority may decide to revoke the authorisation if collection targets laid down in Article 59(3) or Article 60(3) are not met or the producer or producer responsibility organisation no longer meets the requirements with regard to the organisation of the collection and treatment of waste batteries or fails in relation to reporting to the competent authority or fails to notify it of any changes that concern the terms of the authorisation, or has ceased operations.
7. A producer, in the case of individual fulfilment of extended producer responsibility obligations, and producer responsibility organisations appointed in the case of collective fulfilment of extended producer responsibility, shall provide a guarantee intended to cover the costs related to waste management operations due by the producer, or the producer responsibility organisation, in the event of non-compliance with the extended producer responsibility obligations, including in the event of permanent cessation of their operations or insolvency. Member States may specify additional requirements concerning such guarantee. In the case of a state-run producer responsibility organisation, such guarantee may be provided otherwise than by the organisation itself and may take the form of a public fund that is financed by producers’ fees and for which the Member State running the organisation is jointly and severally liable.
Collection of waste portable batteries
1. Producers of portable batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall ensure that all waste portable batteries, regardless of their nature, chemical composition, condition, brand or origin, are collected separately in the territory of a Member State where they make portable batteries available on the market for the first time. For that purpose they shall:
(a)
establish a waste portable battery take-back and collection system;
(b)
offer the collection of waste portable batteries, free of charge, to the entities referred to in paragraph 2, point (a), and provide for the collection of waste portable batteries from all entities that have made use of that offer (‘connected collection points for waste portable batteries’);
(c)
provide for the necessary practical arrangements for collection and transport of waste portable batteries, including the provision, free of charge, of suitable collection and transport containers meeting the requirements of Directive 2008/68/EC of the European Parliament and of the Council ( 46 ) , to the connected collection points for waste portable batteries;
(d)
collect, free of charge, the waste portable batteries collected at the connected collection points, with a frequency that is proportionate to the area covered and the volume and hazardous nature of the waste portable batteries usually collected through the connected collection points for waste portable batteries;
(e)
collect, free of charge, the waste portable batteries removed from waste electrical and electronic equipment, with a frequency that is proportionate to the volume and hazardous nature of the waste portable batteries;
(f)
ensure that the waste portable batteries collected from the connected collection points for waste portable batteries and removed from waste electrical and electronic equipment are subsequently subject to treatment in a permitted facility by a waste management operator in accordance with Article 70.
2. Producers of portable batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall ensure that the waste portable battery take-back and collection system:
(a)
consists of collection points set up by them in cooperation with one or more of the following:
(i)
distributors in accordance with Article 62;
(ii)
end-of-life vehicle treatment facilities subject to Directive 2000/53/EC;
(iii)
public authorities, or third parties carrying out waste management on their behalf, in accordance with Article 66;
(iv)
voluntary collection points in accordance with Article 67;
(v)
waste electrical and electronic equipment treatment facilities subject to Directive 2012/19/EU; and
(b)
covers the whole territory of the Member State taking into account population size and density, expected volume of waste portable batteries, accessibility for and proximity to end-users, not being limited to areas where the collection and subsequent management of waste portable batteries is profitable.
3. Producers of portable batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall attain, and maintain durably, at least the following collection targets for waste portable batteries:
(a)
45 % by 31 December 2023;
(b)
63 % by 31 December 2027;
(c)
73 % by 31 December 2030.
Producers or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall calculate the collection rate referred to in this paragraph in accordance with Annex XI.
4. End-users shall be able to discard waste portable batteries at collection points referred to in paragraph 2, point (a), and shall not be charged or be obliged to buy a new battery or to have bought the portable battery from the producers who set up the collection points.
5. Collection points set up in accordance with paragraph 2, points (a)(i), (iii) and (iv), shall not be subject to the registration or permit requirements of Directive 2008/98/EC.
6. Member States may adopt measures to require that the collection points referred to in paragraph 2, point (a), of this Article may collect waste portable batteries only if they have concluded a contract with the producers or, where appointed in accordance with Article 57(1), producer responsibility organisations.
7. In view of the expected development of the market and increase of the expected lifetime of rechargeable portable batteries, and in order to better ascertain the actual volume of waste portable batteries available for collection, the Commission is empowered to adopt, by 18 August 2027 delegated acts in accordance with Article 89 to amend the methodology to calculate the collection rate of portable batteries set out in Annex XI and to amend the collection target laid down in paragraph 3 of this Article to adapt that collection target to the new methodology while maintaining equivalent ambition and timelines.
Collection of waste LMT batteries
1. Producers of LMT batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall ensure that all waste LMT batteries, regardless of their nature, chemical composition, condition, brand or origin, are collected separately in the territory of a Member State where they make batteries available on the market for the first time. For that purpose they shall:
(a)
establish a waste LMT battery take back and collection system;
(b)
offer the collection of waste LMT batteries, free of charge, to the entities referred to in paragraph 2, point (a), and provide for the collection of waste LMT batteries from all entities that have made use of that offer (‘connected collection points for LMT batteries’);
(c)
provide for the necessary practical arrangements for collection and transport of waste LMT batteries, including the provision, free of charge, of suitable collection and transport containers meeting the requirements of Directive 2008/68/EC, to the connected collection points for LMT batteries;
(d)
collect, free of charge, the waste LMT batteries collected at the connected collection points for LMT batteries, with a frequency that is proportionate to the area covered and the volume and hazardous nature of the waste LMT batteries usually collected at those collection points;
(e)
collect, free of charge, the waste LMT batteries removed from waste electrical and electronic equipment, with a frequency that is proportionate to the volume and hazardous nature of the waste LMT batteries;
(f)
ensure that the waste LMT batteries collected from the connected collection points for LMT batteries and removed from waste electrical and electronic equipment are subsequently subject to treatment in a permitted facility by a waste management operator in accordance with Article 70.
2. Producers of LMT batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall ensure that the take back and collection system for waste LMT batteries:
(a)
consists of collection points set up by them in cooperation with one or more of the following:
(i)
distributors in accordance with Article 62;
(ii)
end-of-life vehicle treatment facilities subject to Directive 2000/53/EC;
(iii)
public authorities, or third parties carrying out waste management on their behalf, in accordance with Article 66;
(iv)
voluntary collection points in accordance with Article 67;
(v)
waste electrical and electronic equipment treatment facilities subject to Directive 2012/19/EU; and
(b)
covers the whole territory of the Member State taking into account population size and density, expected volume of waste LMT batteries, accessibility for and proximity to end-users, not being limited to areas where the collection and subsequent management of waste LMT batteries is profitable.
3. Producers of LMT batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall attain, and maintain durably, at least the following collection targets of waste LMT batteries:
(a)
51 % by 31 December 2028;
(b)
61 % by 31 December 2031.
Producers of LMT batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations shall calculate the collection rate referred to in this paragraph in accordance with Annex XI.
4. Producers of LMT batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall:
(a)
set up the collection points referred to in paragraph 2, point (a), with suitable collection infrastructure for the separate collection of waste LMT batteries meeting the applicable safety requirements and cover the necessary costs incurred by those collection points in relation to the take back activities; the containers for collection and temporary storage of such waste batteries at the collection points shall be suitable in view of the volume and hazardous nature of waste LMT batteries that are likely to be collected through those collection points;
(b)
collect waste LMT batteries from the collection points referred to in paragraph 2, point (a), with a frequency that is proportionate to the storage capacity of the separate collection infrastructure and the volume and hazardous nature of waste batteries that are usually collected through those collection points; and
(c)
provide for the delivery of waste LMT batteries collected from the collection points referred to in paragraph 2, point (a), of this Article to permitted facilities for treatment in accordance with Articles 70 and 73.
5. End-users shall be able to discard waste LMT batteries at collection points referred to in paragraph 2, point (a), and shall not be charged or be obliged to buy a new battery or to have bought the LMT battery from the producers who set up the collection points.
6. Collection points set up in accordance with paragraph 2, points (a)(i), (iii) and (iv), shall not be subject to the registration or permit requirements of Directive 2008/98/EC.
7. Member States may adopt measures to require that the collection points referred to in paragraph 2, point (a), of this Article may collect waste LMT batteries only if they have concluded a contract with the producers or, where appointed in accordance with Article 57(1), producer responsibility organisations.
8. In view of the expected development of the market and increase of the expected lifetime of LMT batteries, and in order to better ascertain the actual volume of waste LMT batteries available for collection, the Commission is empowered to adopt, by 18 August 2027, delegated acts in accordance with Article 89 to amend the methodology to calculate the collection rate of waste LMT batteries set out in Annex XI and to amend the collection target laid down in paragraph 3 of this Article to adapt the collection target to the new methodology while maintaining equivalent ambition and timelines.
Collection of waste SLI batteries, waste industrial batteries and waste electric vehicle batteries
1. Producers of SLI batteries, industrial batteries and electric vehicle batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall take back, free of charge and without an obligation on the end-user to buy a new battery, nor to have bought the battery from them, and shall ensure that all waste SLI batteries, waste industrial batteries and waste electric vehicle batteries regardless of their nature, chemical composition, condition, brand, or origin of the respective category that they have made available on the market for the first time in the territory of that Member State are collected separately. For that purpose, they shall accept to take back waste SLI batteries, waste industrial batteries and waste electric vehicle batteries from end-users, or from take-back and collection systems which include collection points set up by them in cooperation with:
(a)
distributors of SLI batteries, industrial batteries and electric vehicle batteries in accordance with Article 62(1);
(b)
operators carrying out remanufacturing or repurposing of SLI batteries, industrial batteries and electric vehicle batteries;
(c)
waste electrical and electronic equipment and end-of-life vehicle treatment facilities referred to in Article 65 for the waste SLI batteries, waste industrial batteries and waste electric vehicle batteries arising from their operations;
(d)
public authorities or third parties carrying out waste management on their behalf in accordance with Article 66.
Member States may adopt measures to require that the entities referred to in the first subparagraph, points (a) to (d), may collect waste SLI batteries, waste industrial batteries and waste electric vehicle batteries only if they have concluded a contract with the producers or, where appointed in accordance with Article 57(1), producer responsibility organisations.
Where waste industrial batteries require prior dismantling at the premises of private, non-commercial users, the obligation of the producer to take back those waste batteries shall not result in any costs related to the dismantling and collection of those waste batteries being borne by those users.
2. The take-back arrangements put in place in accordance with paragraph 1 shall cover the whole territory of a Member State taking into account population size and density, expected volume of waste SLI batteries, waste industrial batteries and waste electric vehicle batteries, accessibility for and proximity to end-users, not being limited to areas where the collection and subsequent management of waste SLI batteries, waste industrial batteries and waste electric vehicle batteries is profitable.
3. Producers of SLI batteries, industrial batteries and electric vehicle batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, shall:
(a)
provide the take back and collection systems referred to in paragraph 1 with suitable collection infrastructure for the separate collection of waste SLI batteries, waste industrial batteries and waste electric vehicle batteries meeting the applicable safety requirements, and cover the necessary costs incurred by those take back and collection systems in relation to the take back activities; the containers for collection and temporary storage of such waste batteries at the take back and collection systems shall be suitable in view of the volume and hazardous nature of waste SLI batteries, waste industrial batteries and waste electric vehicle batteries that are likely to be collected through those collection points;
(b)
collect waste SLI batteries, waste industrial batteries and waste electric vehicle batteries from the take back and collection systems referred to in paragraph 1 with a frequency that is proportionate to the storage capacity of the separate collection infrastructure and the volume and hazardous nature of waste batteries that are usually collected through those take back and collection systems; and
(c)
provide for the delivery of waste SLI batteries, waste industrial batteries and waste electric vehicle batteries collected from end-users and from the take back and collection systems referred to in paragraph 1 of this Article to permitted facilities for treatment in accordance with Articles 70 and 73.
4. The entities referred to in paragraph 1, points (a) to (d), of this Article may hand over collected waste SLI batteries, waste industrial batteries and waste electric vehicle batteries to waste management operators selected in accordance with Article 57(8) with a view to their treatment in accordance with Article 70. In such cases, the obligation of producers pursuant to paragraph 3, point (c), of this Article shall be deemed to be met.
Obligations of distributors
1. Distributors shall take back waste batteries from the end-user free of charge and without imposing an obligation on the end-user to buy or to have bought a new battery, regardless of their chemical composition, brand or origin as follows:
(a)
for waste portable batteries, at or in the immediate vicinity of the distributor’s retail outlet;
(b)
for waste LMT batteries, waste SLI batteries, waste industrial batteries and waste electric vehicle batteries, at or in the vicinity of the distributor’s retail outlet.
2. The take back obligation laid down in paragraph 1:
(a)
shall not apply to waste products containing batteries;
(b)
shall be limited to the categories of waste batteries which the distributor has or had as batteries in its offer and, for waste portable batteries, to the quantity that non-professional end-users normally discard.
3. Distributors shall hand over waste batteries that they have taken back to the producers or producer responsibility organisations who are responsible for collecting those waste batteries in accordance with Articles 59, 60 and 61 respectively, or to a waste management operator selected in accordance with Article 57(8) with a view to their treatment in accordance with Article 70.
4. The obligations under this Article shall apply mutatis mutandis to distributors that supply batteries by means of distance contracts to end-users. Those distributors shall provide for a sufficient number of collection points covering the whole territory of a Member State and taking into account population size and density, expected volume of waste portable batteries, waste LMT batteries, waste SLI batteries, waste industrial batteries and waste electric vehicle batteries respectively, and accessibility for and proximity to end-users, allowing end-users to return batteries.
5. In the case of sales with delivery, distributors shall offer to take back waste portable batteries, waste LMT batteries, waste industrial batteries, waste SLI batteries and waste electric vehicle batteries free of charge at the point of delivery to the end-user or at a local collection point. The end-user shall be informed when ordering a battery of the take back arrangements for a waste battery.
6. For the purposes of compliance with Article 30(1), points (d) and (e), of Regulation (EU) 2022/2065, providers of online platforms, falling within the scope of Section 4 of Chapter III of that Regulation, that allow consumers to conclude distance contracts with producers shall obtain the following information from producers offering batteries, including batteries incorporated in appliances, light means of transport or other vehicles, to consumers located in the Union:
(a)
details concerning the register of producers referred to in Article 55 and the producer’s registration number or registration numbers in that register;
(b)
a self-certification by the producer committing to only offer batteries, including those incorporated in appliances, light means of transport or other vehicles, with regard to which the extended producer responsibility requirements referred to in Article 56(1), (2), (3) and (4), Article 57(1) and Article 58(1), (2) and (7) are complied with.
Deposit return systems for batteries
By 31 December 2027, the Commission shall assess the feasibility and potential benefits of establishment of deposit return systems for batteries, in particular for portable batteries of general use. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking appropriate measures, including the adoption of legislative proposals.
Obligations of end-users
1. End-users shall discard waste batteries separately from other waste streams, including from mixed municipal waste.
2. End-users shall discard waste batteries in designated separate collection points set up by, or in accordance with the specific arrangements concluded with, the producer or a producer responsibility organisation, in accordance with Articles 59, 60 and 61.
Obligations of operators of treatment facilities
1. Operators of treatment facilities subject to Directives 2000/53/EC or 2012/19/EU shall hand over waste batteries resulting from the treatment of end-of-life vehicles or waste electrical and electronic equipment to producers of the relevant category of batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations, or to waste management operators selected in accordance with Article 57(8) with a view to their treatment in accordance with Article 70.
2. The operators of treatment facilities referred to in paragraph 1 shall keep records of those handover transactions.
Participation of public waste management authorities
1. Waste batteries originating from private, non-commercial end-users may be discarded in separate collection points set up by public waste management authorities.
2. Public waste management authorities shall ensure that collected waste batteries are treated in accordance with Article 70, either by:
(a)
handing them over to producers of the relevant category of batteries or, where appointed in accordance with Article 57(1), to producer responsibility organisations, or to waste management operators selected in accordance with Article 57(8); or
(b)
carrying out the treatment of the collected waste batteries themselves in accordance with Article 68(2).
Participation of voluntary collection points
1. Voluntary collection points for waste portable batteries shall hand over collected waste portable batteries to the producers of portable batteries or third parties acting on their behalf, including producer responsibility organisations, or to waste management operators selected in accordance with Article 57(8) with a view to their treatment in accordance with Article 70.
2. Voluntary collection points for waste LMT batteries shall hand over collected waste LMT batteries to the producers of LMT batteries or third parties acting on their behalf, including producer responsibility organisations, or to waste management operators selected in accordance with Article 57(8) with a view to their treatment in accordance with Article 70.
Restrictions regarding handover of waste portable batteries and waste LMT batteries
1. Member States may restrict the ability of distributors, operators of waste treatment facilities referred to in Article 65, public waste management authorities referred to in Article 66 and voluntary collection points referred to in Article 67 to hand over collected waste portable batteries and waste LMT batteries either to producers or producer responsibility organisations, or to a waste management operator to carry out treatment in accordance with Article 70. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.
2. Member States may also adopt measures to allow public waste management authorities referred to in Article 66 to carry out treatment in accordance with Article 70 themselves.
Obligations for Member States regarding collection targets for waste portable batteries and waste LMT batteries
1. Member States shall adopt the necessary measures for the achievement by producers or, where appointed in accordance with Article 57(1), producer responsibility organisations, of the collection targets laid down in Article 59(3), first subparagraph, points (a), (b) and (c), with regard to waste portable batteries, and laid down in Article 60(3), first subparagraph, points (a) and (b), with regard to waste LMT batteries.
2. In particular, Member States shall regularly, at least once a year, monitor producers’ or, where appointed in accordance with Article 57(1), producer responsibility organisations’ collection rates to verify that they have taken adequate measures to achieve the collection targets laid down in Article 59(3), first subparagraph, points (a), (b) and (c) with regard to waste portable batteries, and laid down in Article 60(3), first subparagraph, points (a) and (b) with regard to waste LMT batteries. Such monitoring shall be based in particular on the information reported to the competent authorities in accordance with Article 75 and shall include the verification of that information, and of whether the producer has complied with the calculation methodology set out in Annex XI and the results of the compositional survey referred to in paragraph 5 of this Article and any other information available to the Member State.
3. Where, on the basis of the monitoring referred to in paragraph 2 of this Article, a Member State finds that a producer or, where appointed in accordance with Article 57(1), a producer responsibility organisation, has not taken measures consistent with the achievement of the collection targets laid down in Article 59(3), first subparagraph, points (a), (b) and (c) with regard to waste portable batteries, or laid down in Article 60(3), first subparagraph, points (a) and (b) with regard to waste LMT batteries, the competent authority of that Member State shall request that producer or producer responsibility organisation to take appropriate corrective action ensuring that it can achieve the collection targets laid down in either of those Articles, as applicable.
4. Without prejudice to the self-control mechanism referred to in Article 58(5), the producer or, where appointed in accordance with Article 57(1), producer responsibility organisation shall present a draft corrective action plan to the competent authority within three months of the request by the competent authority referred to in paragraph 3 of this Article. That competent authority may make observations on the draft plan, and shall communicate any such observations to the producer or the producer responsibility organisation within one month of the reception of the draft corrective action plan.
Where the competent authority communicates its observations on the draft corrective action plan, the producer or the producer responsibility organisations shall, within one month of receipt of those observations, draw up the corrective action plan, taking into account those observations, and shall implement it accordingly.
The content of the corrective action plan and the compliance with it by the producer or the producer responsibility organisation shall be taken into account when evaluating whether the conditions for the registration laid down in Article 55 and, where applicable, the authorisation laid down in Article 58 continue to be met.
5. By 1 January 2026 and every five years thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste and waste electrical and electronic equipment streams for the preceding calendar year to determine the share of waste portable batteries and waste LMT batteries therein. On the basis of those surveys, the competent authorities may require that the producers of portable batteries, producers of LMT batteries or, where appointed in accordance with Article 57(1), the respective producer responsibility organisations take corrective action to increase their network of connected collection points and carry out information campaigns in accordance with Article 74(1).
Treatment
1. Collected waste batteries shall not be disposed of or be the subject of an energy recovery operation.
2. Without prejudice to Directive 2010/75/EU, permitted facilities shall ensure that treatment for waste batteries complies, as a minimum, with Part A of Annex XII to this Regulation and with best available techniques defined in Article 3, point (10), of Directive 2010/75/EU.
3. Where batteries are collected while still incorporated in a waste appliance, a waste light means of transport or an end-of-life vehicle, they shall be removed from the waste appliance, waste light means of transport or end-of-life vehicle in accordance with, where applicable, the requirements laid down in Directives 2000/53/EC or 2012/19/EU.
4. The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend the treatment requirements for waste batteries set out in Part A of Annex XII in light of technical and scientific progress and emerging new technologies in waste management.
5. Member States may set up incentive schemes for economic operators that achieve higher rates than the targets set out in Parts B and C of Annex XII for recycling efficiency and recovery of materials respectively.
Targets for recycling efficiency and recovery of materials
1. Each permitted facility shall ensure that all waste batteries made available to that facility are accepted and undergo preparation for re-use, preparation for repurposing or recycling.
2. Recyclers shall ensure that recycling achieves the targets for recycling efficiency and the targets for recovery of materials set out in Parts B and C of Annex XII respectively.
3. The rates for recycling efficiency and recovery of materials shall be calculated in accordance with the rules laid down in a delegated act adopted pursuant to paragraph 4 of this Article.
4. The Commission shall, by 18 February 2025, adopt a delegated act in accordance with Article 89 to supplement this Regulation by establishing the methodology for calculation and verification of rates for recycling efficiency and recovery of materials, in accordance with Part A of Annex XII, and the format for the documentation.
5. By 18 August 2026 and at least every five years thereafter, the Commission shall assess whether, due to market developments, in particular concerning battery technologies impacting the type of materials recovered and the existing and forecasted availability of cobalt, copper, lead, lithium or nickel or the lack thereof, and in view of technical and scientific progress, it is appropriate to revise the targets for recycling efficiency and recovery of materials set out in Parts B and C of Annex XII. Where justified and appropriate on the basis of that assessment, the Commission is empowered to adopt a delegated act in accordance with Article 89 to amend the targets for recycling efficiency and recovery of materials set out in Parts B and C of Annex XII.
6. Where appropriate due to market developments impacting the type of materials that can be recovered and in light of technical and scientific progress, including emerging new technologies in waste management, the Commission is empowered to adopt delegated acts in accordance with Article 89, to amend Part C of Annex XII, by adding further materials with specific targets for recovery of material per specific material, and Part B of Annex XII, by adding further battery chemistries with specific targets for recycling efficiency.
Shipment of waste batteries
1. Treatment may be undertaken outside the Member State concerned or outside the Union, provided that the shipment of waste batteries or fractions thereof, is in compliance with Regulations (EC) No 1013/2006 and (EC) No 1418/2007.
2. In order to distinguish between used batteries and waste batteries, the competent authorities of Member States may inspect shipments of used batteries suspected to be waste batteries for compliance with the minimum requirements set out in Annex XIV and monitor such shipments accordingly.
Where the competent authorities in a Member State establish that an intended shipment of used batteries consists of waste batteries, the costs of appropriate analyses, inspections and storage of the used batteries suspected to be waste may be charged to the producers of the relevant category of batteries, to third parties acting on their behalf or to other persons arranging the shipment. The Commission is empowered to adopt delegated acts in accordance with Article 89, supplementing the minimum requirements set out in Annex XIV, in particular on the state of health, to distinguish between the shipment of used batteries and waste batteries.
3. Waste batteries or fractions thereof exported from the Union in accordance with paragraph 1 of this Article shall only count towards the fulfilment of obligations, efficiencies and targets laid down in Articles 70 and 71 if the exporter of the waste batteries or fractions thereof provides documentary evidence approved by the competent authority of destination that the treatment took place in conditions that are equivalent to those required by this Regulation and in accordance with other Union law regarding human health and environmental protection.
4. The Commission is empowered to adopt a delegated act in accordance with Article 89, to lay down detailed rules supplementing those in paragraph 3 of this Article, by laying down the criteria for the assessment of equivalent conditions.
Preparation for re-use or preparation for repurposing of waste LMT batteries, waste industrial batteries and waste electric vehicle batteries
1. In order to document that a waste LMT battery, waste industrial battery and waste electric vehicle battery subject to preparation for re-use or preparation for repurposing, is no longer waste, the battery holder shall demonstrate the following upon request by a competent authority:
(a)
evidence of a state of health evaluation or state of health testing carried out in a Member State in the form of a copy of the record confirming the capability of the battery to deliver the performance relevant for its use following preparation for re-use or preparation for repurposing;
(b)
further use of the battery that has been subject to preparation for re-use or preparation for repurposing, is documented by means of an invoice or a contract for the sale or transfer of ownership of the battery;
(c)
evidence of appropriate protection against damage during transportation, loading and unloading, including through sufficient packaging and appropriate stacking of the load.
2. The information referred to in paragraph 1, point (a), shall be made available to end-users and third parties acting on their behalf, on equal terms and conditions, as part of the documentation accompanying the battery referred to in paragraph 1 when placed on the market or put into service.
3. The provision of information in accordance with paragraphs 1 and 2 shall be without prejudice to obligations to preserve the confidentiality of commercially sensitive information under the relevant Union and national law.
4. The Commission is empowered to adopt an implementing act establishing detailed technical and verification requirements that waste LMT batteries, waste industrial batteries or waste electric vehicle batteries are to fulfil to cease being waste. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(3).
Information on prevention and management of waste batteries
1. In addition to the information referred to in Article 8a(2) of Directive 2008/98/EC, producers or, where appointed in accordance with Article 57(1), producer responsibility organisations shall make available to end-users and distributors the following information regarding the prevention and management of waste batteries with regard to the categories of batteries that they supply within the territory of a Member State:
(a)
the role of end-users in contributing to waste prevention, including by information on good practices and recommendations concerning the use of batteries aimed at extending their use phase and the possibilities of re-use, preparation for re-use, preparation for repurposing, repurposing and remanufacturing;
(b)
the role of end-users in contributing to the separate collection of waste batteries in accordance with their obligations under Article 64 to allow their treatment;
(c)
the separate collection, take-back and collection points, preparation for re-use, preparation for repurposing and treatment available for waste batteries;
(d)
the necessary safety instructions to handle waste batteries, including in relation to the risks associated with, and the handling of, batteries containing lithium;
(e)
the meaning of the labels and symbols on batteries in accordance with Article 13 or printed on their packaging or in the documents accompanying batteries; and
(f)
the impact of substances, in particular hazardous substances, present in batteries on the environment and on human health or the safety of persons, including the impact due to inappropriate discarding of waste batteries, such as littering or discarding as unsorted municipal waste.
That information shall be made available:
(a)
at regular time intervals for each battery model from the moment the battery model concerned is being made available on the market for the first time in a Member State, as a minimum at the point of sale in a visible manner and through online platforms;
(b)
in a language or languages which can be easily understood by end-users, as determined by the Member State in which the battery is to be made available on the market.
2. Producers shall make available to distributors and operators referred to in Articles 62, 65 and 66 and other waste management operators carrying out preparation for re-use, preparation for repurposing, or treatment, information regarding the safety and protective measures, including on occupational safety, applicable to the storage and collection of waste batteries.
3. From the moment that a battery is supplied within the territory of a Member State producers shall make available electronically, free of charge and upon request, to waste management operators carrying out preparation for re-use, preparation for repurposing or treatment, as far as it is needed by those operators to carry out those activities, the following battery model specific information regarding the proper and environmentally sound treatment of waste batteries:
(a)
the processes for the dismantling of light means of transport, vehicles and appliances in a way that allows the removal of incorporated batteries;
(b)
the safety and protective measures, including as regards occupational safety and fire protection, applicable to the storage, transport, and the treatment processes for waste batteries.
The information referred to in points (a) and (b) of the first subparagraph shall identify the components and materials and the location of all hazardous substances in a battery, as far as it is needed by operators carrying out preparation for re-use, preparation for repurposing or treatment, in order to enable them to comply with the requirements of this Regulation.
That information shall be made available in a language or languages, which can be easily understood by the operators mentioned in the first subparagraph, as determined by the Member State on whose market the battery is to be made available.
4. Distributors that supply batteries to end-users shall permanently provide in their retail premises in an easily accessible and clearly visible manner for the end-users of the batteries, the information referred to in paragraphs 1 and 2, and information on how the end-users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of an online platform. That obligation shall be limited to the categories of batteries which the distributor or retailer has, or had, as new batteries in its offer.
Distributors shall provide the information referred to in paragraphs 1 and 2 also when they sell their products through online platforms that allow consumers to conclude distance contracts with traders.
5. The costs covered by the producer under Article 56(4), points (a) to (d), shall be shown separately to the end-user at the point of sale of a new battery.
6. Producers of the relevant category of batteries or producer responsibility organisations shall conduct awareness campaigns and offer incentives to encourage end-users to discard waste batteries in a manner that is in line with the information made available to end-users regarding the prevention and management of waste batteries in accordance with paragraph 1.
7. Where information is provided publicly to end-users under this Article, the confidentiality of commercially sensitive information in conformity with the relevant Union and national law shall be preserved.
Minimum requirements for reporting to the competent authorities
1. Producers of portable batteries and producers of LMT batteries or, where appointed in accordance with Article 57(1), producer responsibility organisations shall report to the competent authority, for each calendar year, at least the following information according to the chemistry and category of batteries and waste batteries:
(a)
the amount of portable batteries and LMT batteries made available on the market for the first time in the territory of a Member State, excluding batteries that have left the territory of that Member State in that year, before being sold to end-users;
(b)
the amount of portable batteries of general use made available on the market for the first time in the territory of a Member State, excluding portable batteries of general use that have left the territory of that Member State in that year, before being sold to end-users;
(c)
the amount of waste portable batteries and waste LMT batteries collected in accordance with Articles 59 and 60, respectively;
(d)
the collection rate reached by the producer or producer responsibility organisation for waste portable batteries and waste LMT batteries;
(e)
the amount of collected waste portable batteries and waste LMT batteries delivered to permitted facilities for treatment;
(f)
the amount of collected waste portable batteries and waste LMT batteries exported to third countries for treatment, preparation for re-use or preparation for repurposing;
(g)
the amount of collected waste portable batteries and waste LMT batteries delivered to permitted facilities for preparation for re-use or preparation for repurposing.
Where waste management operators other than producers or, where appointed in accordance with Article 57(1), producer responsibility organisations, collect waste portable batteries or waste LMT batteries from distributors or other collection points for waste portable batteries or waste LMT batteries, they shall report to the competent authority for each calendar year the amount of waste portable batteries and waste LMT batteries collected according to their chemistry.
2. Producers of SLI batteries, industrial batteries and electric vehicle batteries or where appointed in accordance with Article 57(1) producer responsibility organisations, shall report to the competent authority for each calendar year the following information, according to chemistries and categories of waste batteries:
(a)
the amount of SLI batteries, industrial batteries and electric vehicle batteries made available on the market for the first time in a Member State, excluding batteries that have left the territory of that Member State in that year, before being sold to end-users;
(b)
the amount of collected waste SLI batteries, waste industrial batteries and waste electric vehicle batteries delivered to permitted facilities for preparation for re-use or preparation for repurposing;
(c)
the amount of collected waste SLI batteries, waste industrial batteries and waste electric vehicle batteries delivered to permitted facilities for treatment;
(d)
the amount of collected waste SLI batteries, waste industrial batteries and waste electric vehicle batteries exported to third countries for preparation for re-use, preparation for repurposing or for treatment.
3. Where waste management operators collect waste batteries from distributors or other collection points for waste SLI batteries, waste industrial batteries and waste electric vehicle batteries or from end-users, they shall report to the competent authority for each calendar year the following information according to chemistries and categories of waste batteries:
(a)
the amount of waste SLI batteries, waste industrial batteries and waste electric vehicle batteries collected;
(b)
the amount of collected waste SLI batteries, waste industrial batteries and waste electric vehicle batteries delivered to permitted facilities for preparation for re-use or preparation for repurposing;
(c)
the amount of collected waste SLI batteries, waste industrial batteries and waste electric vehicle batteries delivered to permitted facilities for treatment;
(d)
the amount of collected waste SLI batteries, waste industrial batteries and waste electric vehicle batteries exported to third countries for preparation for re-use, preparation for repurposing or for treatment.
4. The information referred to in paragraph 1, points (a) to (g), of this Article shall include information on batteries incorporated into vehicles and appliances, and waste batteries removed from vehicles and appliances in accordance with Article 65.
5. Waste management operators carrying out treatment and recyclers shall report to the competent authorities of the Member State where treatment of waste batteries takes place, for each calendar year and by Member State where the waste batteries were collected, the following information:
(a)
the amount of waste batteries received for treatment;
(b)
the amount of waste batteries that began to undergo preparation for re-use, preparation for repurposing or recycling processes;
(c)
data on recycling efficiency for waste batteries, recovery of materials from waste batteries and the destination and yield of the final output fractions.
Reporting on the recycling efficiency and recovery of materials shall cover all individual steps of recycling and all corresponding output fractions. Where recycling operations are carried out at more than one facility, the first recycler shall be responsible for collecting the information and reporting that information to the competent authorities.
The competent authority of the Member State where the treatment of waste batteries takes place, shall provide the information referred to in this paragraph to the competent authority of the Member State where the batteries were collected, if different.
Waste batteries sent to another Member State for treatment in that other Member State shall be included in the recycling efficiency and recovery of materials data and shall count towards the attainment of the targets set out in Annex XII by the Member State in which that waste was collected.
6. Where waste holders other than those referred to in paragraph 5 export batteries for treatment they shall report the data on the amount of separately collected waste batteries exported for treatment and the data referred to in paragraph 5, points (b) and (c) to the competent authorities of the Member States where they are located.
7. Producers or, where appointed in accordance with Article 57(1), producer responsibility organisations, waste management operators and waste holders referred to in this Article shall report within six months of the end of the reporting year for which the data are collected. The first reporting period shall concern the first full calendar year after the entry into force of the implementing act that establishes the format for reporting to the Commission, in accordance with Article 76(5).
8. The competent authorities shall establish electronic systems through which data shall be reported to them and specify the formats to be used.
9. Member State may allow competent authorities to request any additional information necessary to ensure that the data reported are reliable.
Reporting to the Commission
1. Member States shall make publicly available in an aggregated form for each calendar year and in the format established by the Commission in the implementing act adopted pursuant to paragraph 5, the following data on portable batteries, LMT batteries, SLI batteries, industrial batteries and electric vehicle batteries, according to battery categories and their chemistries:
(a)
the amount of batteries made available on the market for the first time in a Member State, including those incorporated in appliances, vehicles or industrial products, but excluding batteries that have left the territory of that Member State in that year, before being sold to end-users;
(b)
the amount of waste batteries collected in accordance with Articles 59, 60 and 61, and collection rates calculated on the basis of the methodology set out in Annex XI;
(c)
the amount of waste industrial batteries and the amount of waste electric vehicle batteries collected and delivered to permitted facilities for preparation for re-use or preparation for repurposing;
(d)
the values for the recycling efficiencies achieved as referred to in Part B of Annex XII and the values for the recovery of materials achieved as referred to in Part C of Annex XII, regarding the batteries collected in that Member State.
Member States shall make those data available within 18 months of the end of the reporting year for which the data are collected. They shall make those data public electronically in the format established by the Commission in accordance with paragraph 5, using easily accessible data services. The data shall be machine readable, sortable and searchable, and shall respect open standards for third party use. Member States shall notify the Commission when the data referred to in the first subparagraph are made available.
The first reporting period shall concern the first full calendar year after the entry into force of the implementing act that establishes the format for reporting to the Commission, in accordance with paragraph 5.
In addition to the obligations under Directives 2000/53/EC and 2012/19/EU, data referred to in paragraph 1, first subparagraph, points (a) to (d), of this Article shall include batteries incorporated into vehicles and appliances, and waste batteries removed from those vehicles and appliances in accordance with Article 65.
2. Reporting on the recycling efficiency and recovery of materials referred to in paragraph 1, first subparagraph, point (d), shall cover all individual steps of recycling and all corresponding output fractions.
3. The data made available by Member States in accordance with this Article shall be accompanied by a quality check report to be presented in the format established by the Commission in accordance with paragraph 5.
4. The Commission shall collect and review the information made available in accordance with this Article. The Commission shall publish a report assessing the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of those data. That assessment may include specific recommendations for improvement. The report shall be drawn up within 6 months of the first reporting of the data by Member States and every four years thereafter.
5. The Commission shall, by 18 August 2025, adopt implementing acts laying down the format for the data and information to be reported to the Commission, as well as assessment methods and operational conditions related to collection and treatment of waste batteries, for the purpose of paragraphs 1 and 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 90(3).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
