Battery EPR registration: who registers in each EU country
9 min read
Battery EPR registration in the EU: who is the producer, when sellers outside the EU need a representative in each country and what Germany's BattDG adds.
You make batteries, or devices with batteries built in, outside the EU and sell them from your own web shop or marketplace account to end customers in Germany, France or Italy. That makes you the battery producer in each of those countries. Since 18 August 2025, each one requires a registration for extended producer responsibility (battery EPR registration) plus an EPR authorized representative established there (Articles 55 and 56(3) of Regulation (EU) 2023/1542). Here is who counts as producer, what Germany adds and what EU proposals would change.
Battery EPR: what has applied since 18 August 2025
EPR means that whoever first supplies a battery in a member state pays for collecting and treating it there as waste. The rules are in Chapter VIII of the Battery Regulation (EU) 2023/1542 (opens in a new tab), applicable since 18 August 2025 (Article 96(2)(c)).
The Regulation applies directly, but each member state keeps its own register of producers (Article 55(1)). Producers pay for collection, treatment, information and reporting (Article 56(4)), individually or through a producer responsibility organization (PRO), which a member state may make mandatory (Article 57(1)).
Who is the battery producer: the four cases of Article 3(1)(47)
The definition applies irrespective of the selling technique and covers batteries incorporated in appliances, light means of transport or other vehicles. Cases (a) to (c) require an establishment in the member state: a brand owner, a reseller under its own brand or an importer. Case (d) reaches sellers based elsewhere: whoever sells batteries by means of distance contracts directly to end-users, private or not, in a member state where it is not established.
| How the batteries reach end-users | Producer in that country | EPR representative needed by you? |
|---|---|---|
| Own web shop or marketplace account, shipping to end-users | You, in each country you ship to (d) | Yes, one per member state (Article 56(3)) |
| Sales to an importer established in the country | The importer (c) | No, the importer registers |
| Your subsidiary in the country imports and sells there | The subsidiary (c) | No, for these sales |
| Your subsidiary in one member state ships to end-users in others | The subsidiary, in each of those member states (d) | The subsidiary needs one in each (Article 56(3)) |
Case (d) turns on where the seller is established, not where the goods ship from: a U.S. brand shipping to German consumers from a Polish warehouse is still a distance seller into Germany. A device maker selling this way is the producer of the batteries inside, usually portable batteries (Article 3(1)(9)).
One registration and one representative per country
Producers apply for registration in each member state where they make a battery available for the first time, stating brands, battery categories, chemistries and how they meet their EPR obligations, for example through a PRO (Article 55(2), (3)). The authority grants it within 12 weeks of a complete application (Article 55(9)(b)).
Distance sellers under case (d) must also appoint, by written mandate, an authorized representative for extended producer responsibility in each member state where they sell batteries (Article 56(3)). It is established there, fulfills the producer's obligations under Chapter VIII (Article 3(1)(48)) and can register on its behalf (Article 55(7)).
Germany: what the BattDG adds
Germany's Batterierecht-Durchführungsgesetz (BattDG) (opens in a new tab) replaced the old Batteriegesetz on 7 October 2025. The German Environment Agency is the competent authority (§ 30), and registration runs through the portal of stiftung ear (opens in a new tab).
- Representative required: producers without an establishment in Germany appoint only one EPR representative, in writing and in German, which acts in its own name (§ 40(2) BattDG (opens in a new tab)); according to stiftung ear, they cannot register themselves.
- Per brand and category: registration before batteries are first made available, online already when offered (§ 5(1); stiftung ear), with one registration number per represented producer (§ 31(1)).
- PRO or own system: registration requires a PRO approved for the category, or approval for individual fulfillment (§ 7(1), § 31(1)).
- Sales ban: distributors may not sell, and fulfillment service providers may not store, pack, address or ship, batteries of unregistered producers (§ 4(3)); a distributor that does so intentionally or negligently counts as producer itself (§ 3 No. 1). Fines reach 100,000 euros (§ 60(1) No. 1, (2) No. 23, (3)).
Registered under the old Batteriegesetz? Those registrations expired by 15 January 2026 at the latest (§ 64 BattDG).
Five steps before you ship batteries to EU end-users
- List every battery, including built-in and spare packs, by category and chemistry (Article 3(1)(9) to (14), Article 55(3)(c)).
- Map your sales routes per country and confirm in writing with importers who registers (Article 3(1)(47)).
- Appoint an EPR representative in each country you sell to directly, by written mandate (Article 56(3)); in Germany only one, mandated in German (§ 40(2) BattDG).
- Join a PRO or apply for approval of individual fulfillment (Articles 57(1) and 58(1); § 7(1) BattDG), then register before the first offer (Article 55(2), (9)(b)).
- Keep it current: report quantities for each calendar year (Article 75) and notify changes without undue delay (Article 55(12)).
Example: a U.S. maker of smart door locks
A U.S. company sells smart door locks with built-in lithium-ion packs from its web shop to consumers in Germany and Austria; in France, a distributor resells the locks to retailers.
| Country | Battery producer | What happens |
|---|---|---|
| Germany | The U.S. company (d) | One representative, mandated in German, registers the brand for portable batteries and joins a PRO (§ 40(2), § 5(1), § 7(1) BattDG) |
| Austria | The U.S. company (d) | Its own registration in Austria and an EPR representative established there (Articles 55(2) and 56(3)) |
| France | The distributor (c) | The distributor registers; the supply contract settles which battery data the U.S. company provides |
The locks are also electrical equipment, so Germany requires a separate representative for waste electrical and electronic equipment (WEEE authorized representative); the shipping boxes fall under packaging law.
Will the EU drop the EPR representative requirement?
In December 2025, the Commission proposed suspending Article 56(3) until 1 January 2035, mainly to relieve producers established in the EU (COM(2025) 982 (opens in a new tab)). For producers in third countries, member states could keep requiring an EPR representative, as Germany does in national law (§ 40(2) BattDG), or would have to ensure traceability and enforcement by other means.
COM(2025) 981 (opens in a new tab) goes the other way: it deletes "by means of distance contracts" from Article 3(1)(47)(d), so any direct sale to end-users from abroad would make the seller the producer.
On COM(2025) 982, Parliament adopted amendments on 20 October 2026 and referred the file back to its environment committee for negotiations with the Council (text adopted by Parliament (opens in a new tab); 2025/0395(COD) (opens in a new tab)). Parliament's version would suspend Article 56(3) only for micro and small enterprises established in the EU and deletes the paragraph on producers in third countries: for them, the representative requirement for distance sales should remain applicable (amendments to Article 1 and Recital 6). In the Council, negotiations on the EPR proposals had been discontinued (Legislative Train (opens in a new tab)).
As of 20 October 2026, neither proposal had been adopted. COM(2025) 981 was still before Parliament's environment committee, with the plenary vote indicatively scheduled for 14 December 2026 (2025/0397(COD) (opens in a new tab)). Until an amendment is adopted and in force, Article 56(3) applies as written.
Common mistakes with battery EPR
- Registering the device, not the battery. The WEEE registration covers the device; the battery inside needs its own registration (Article 55(2)).
- Assuming the importer covers your direct sales. An importer registers the batteries it supplies; your own web shop sales there make you a producer too (Article 3(1)(47)(d)).
- Confusing the two representatives. The Authorized Representative under Article 40 acts for the manufacturer on product compliance; the EPR representative handles take-back in one member state (EU Battery Regulation 2027).
- Leaving it to the marketplace. Article 62(6) obliges a platform to collect your registration number and an EPR self-certification, not to register you.
Conclusion: register where you sell, before you sell
Battery EPR follows the sales route: for direct sales, one registration and one EPR representative per member state, and in Germany a single mandate in German for all your brands and battery categories. Other representative roles for the same product are compared in this overview.
Representa supports EPR representation for batteries as part of our Representation pillar, and battery registration and reporting through Packaging, EPR & Sustainability. Our batteries page summarizes the product rules.
Frequently asked questions
Do batteries built into my products need EPR registration?
Yes. The producer definition covers batteries incorporated in appliances, light means of transport and other vehicles (Article 3(1)(47) of Regulation (EU) 2023/1542). If you sell such products by distance contract directly to end-users in a member state where you are not established, the battery category must be registered there, separately from any WEEE registration for the device.
Is one battery registration valid in every EU country?
No. Producers register in each member state where they first make a battery available (Article 55(2) of Regulation (EU) 2023/1542), and each register is national. stiftung ear confirms that a German registration is valid only in Germany.
Do I need an EPR representative if I only sell to an importer in the EU?
Usually not for those sales. An importer established in the member state that first supplies your batteries there is the producer (Article 3(1)(47)(c)) and registers. You need a representative where you sell directly to end-users by distance contract in a member state where you are not established (Article 56(3)).
Can my EU Authorized Representative also be my EPR representative?
Only if it is established in the member state concerned and you give it a separate written mandate for EPR (Article 3(1)(48) and Article 56(3) of Regulation (EU) 2023/1542). In Germany, the mandate must be in German, and you may appoint only one EPR representative (§ 40(2) BattDG).
Will the EU remove the EPR representative requirement for batteries?
Not for producers outside the EU, as things stand. COM(2025) 982 would suspend Article 56(3) until 1 January 2035, but member states would require a representative from producers in third countries or ensure enforcement by other means. Parliament's amendments of 20 October 2026 would limit the suspension to micro and small EU enterprises. As of 20 October 2026, nothing had been adopted.
