The Battery Regulation has been applicable throughout the European Union since 18 February 2024. However, most of its provisions were exempted from this initial effective date and will only come into force at a later stage. An important milestone in this context was 18 August 2024, when a multitude of requirements under the Battery Regulation became applicable. These include the obligation to conduct a conformity assessment procedure, the issuance of a declaration of conformity, the affixing of the CE marking, as well as the manufacturer and producer identification.
Even in 2025, 18 August remains a decisive date on which further key provisions shall enter into force. Notably, these include the due diligence obligations pursuant to Articles 47 et seq. Battery Regulation, which are aimed at ensuring that human rights and environmental standards are maintained along the supply chain. The Commission is expected to issue guidelines to further specify these due diligence obligations by 18 February 2025.
Also, on 18 August 2025, the provisions regarding extended producer responsibility pursuant to Articles 54 et seq. Battery Regulation will come into force. These provisions build upon the existing system under the Battery Directive, which is currently implemented in Germany by the BattG. A significant innovation pertains to foreign manufacturers: henceforth, they must designate a domestic representative who is required to submit a new application with stiftung ear — a decision that was previously made on a voluntary basis. The application may be submitted in advance of the effective date.
Adaption of battery law in Germany
lthough the Battery Regulation, as an EU regulation, is directly applicable in all Member States, it contains numerous opening clauses as well as specific mandates obliging the Member States to enact supplementary national legal provisions. This necessitates an adaptation of German battery law.
To meet these requirements, a draft law for the Battery EU Adaptation Act has been presented in Germany, intended to replace the current BattG. The ministerial draft was published as early as May 2024, followed by the government draft in November of the same year. However, due to the dissolution of the governing coalition, the law was not passed in the current legislative term. As a result, affected economic operators are faced with considerable legal uncertainty: although the EU requirements are directly applicable, the necessary adjustments in German battery law remain pending.
Guidelines on the Requirements for Removability and Replaceability
On 10 January 2024, the Commission published Guidelines on the Requirements for Removability and Replaceability in Communication C/2025/214. As of 18 February 2027, products containing device batteries must be designed such that end users can easily remove and replace the batteries at any time (Article 11(1) Battery Regulation). For LMT batteries, it is stipulated that they may be easily removed and replaced by independent professional at any time during the product’s lifetime (Article 11(5) Battery Regulation). With this publication, the Commission has fulfilled its obligation pursuant to Article 11(9) Battery Regulation by providing guidelines for a harmonized application.
New Standard for the Digital Battery Passport Published
From February 2027, the digital battery passport will become mandatory in the EU. It aims to provide transparency throughout a battery's entire lifecycle – from material composition to CO₂ footprint. To help companies prepare in advance, the German Institute for Standardization (DIN) and the German Commission for Electrical, Electronic & Information Technologies (DKE) have now published the DIN DKE SPEC 99100: "Requirements for Data Attributes of the Battery Passport."
This new standard defines which data attributes the battery passport should include – both legally required and voluntary information. These include, among others, general battery and manufacturer information, details on performance and durability, as well as working conditions in raw material extraction. The DIN DKE SPEC 99100 serves as a practical guide for companies to implement the requirements of the future battery passport.
The standard builds on the "Content Guidance for the EU Battery Passport" developed by the publicly funded Battery Pass Consortium and is intended to serve as a foundation for future international standards. The development is supported by the German Federal Ministry for Economic Affairs and Climate Action (BMWK).
The DIN DKE SPEC 99100 is available for free via DIN Media.
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