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#BatteryRegulation: Distributors of batteries, are you aware of your new responsibilities?

The EU’s new Battery Regulation imposes additional obligations across the entire battery value chain. Battery producer organizations Recser Oy and Akkukierrätys Pb Oy, in collaboration with the Finnish Commerce Federation, organized a webinar specifically addressing the responsibilities of distributors—retailers and resellers of batteries. We’ve compiled the key insights from the webinar into this article as a concise information package.

The “Distributor Responsibilities” webinar was held on October 23, 2024. It was the third part of a webinar series organized by producer organisations focusing on the Battery Regulation, attracting over 250 representatives from various organizations. Interest was high, and the discussion in the webinar’s chat was very active. These webinars aim to support businesses in complying with the new requirements of the Battery Regulation. Links to recordings and summary articles of previous webinars can be found at the end of this article.

“In preparing for this webinar, I looked at my desk and noticed that within a four-meter radius, I had nine items containing batteries,” illustrated Petri Käyhkö, chairman of the Finnish Commerce Federation’s Safety Committee, highlighting the prevalence of batteries.

The number of batteries is expected to double within the next two to three years. This makes the Battery Regulation and battery safety increasingly important.

The EU’s new Battery Regulation applies to the entire life cycle of batteries. Distributors are responsible for conducting checks and verifications before products are placed on the market. The obligation to accept used batteries is expanding to include all batteries sold by the distributors. Additionally, the regulation requires distributors to provide information on the prevention of battery waste and waste management.

Products must have proper labeling

The Battery Regulation defines separate responsibilities for distributors, manufacturers, and importers. A distributor refers to a company that sells products manufactured in the EU or previously imported into the EU market. Distributors include retailers, wholesalers, and second-hand goods dealers who operate as businesses.

Seppo Niemi, a senior expert from the Finnish Safety and Chemicals Agency (Tukes), explained the definition and obligations of distributors from a market surveillance perspective in the webinar.

“From a market surveillance perspective, the obligation of distributors of batteries is to ensure that the product has the required labeling, model and batch identifiers, and contact information of the manufacturer and importer, along with relevant documentation. User instructions must be available in Finnish and Swedish, although documents submitted to Tukes can be in English,” Niemi stated.

Distributors must also ensure that transportation or storage does not jeopardize product compliance, and they must take action if they encounter non-compliant products. Distributors must retain information on companies within the distribution chain for ten years.

Inventory acquired before the Battery Regulation takes effect can be sold without changes.

Defining a distributor can be challenging.

Products sold under a private label are considered to be manufactured by the distributor if the original manufacturer no longer claims the product, for example, due to a change in the product’s features. In such cases, the distributor assumes the responsibilities of a manufacturer.

Expanded distributor obligations in communication and battery waste collection

Starting in August 2025, the Battery Regulation will introduce new obligations for distributors at the end of the battery lifecycle.

“The Battery Regulation includes highly ambitious collection and recycling goals: the aim is to recover and reuse materials,” said Kati Suomalainen, Senior Specialist at the Ministry of the Environment, in the webinar.

Distributors are responsible for accepting waste batteries in their product categories from end-users without charge or obligation to purchase a new battery. This collection obligation also applies to online sellers.

“Guidelines for organizing the collection are being prepared. For example, there will be instructions on the article section that mandates the acceptance of portable batteries at retail outlets or in their immediate vicinity,” Suomalainen said.

Distributors must hand over waste batteries to producers or producer organisations, or to waste management operators designated by them, for processing.

Collection safety is a shared responsibility

In his speech, Petri Käyhkö from the Finnish Commerce Federation’s Safety Committee emphasized the fire risk associated with accepting returned batteries. Defective or mishandled items returned by customers can ignite at retail locations. Fires involving lithium-ion batteries are challenging to manage due to smoke, even if the battery is small.

However, the safe collection of used batteries and products containing them is entirely feasible.

“The most important considerations are the placement of recycling bins and assigning responsibility for their monitoring. It is helpful to offer taping supplies for customers returning batteries. Attention should also be given to the location of separate containers for the received batteries. Safety can be significantly enhanced through fire detectors and technical and structural solutions related to the space,” Käyhkö advised.

He stressed that training employees on the risks associated with batteries is vital in the retail and logistics sectors. He also noted that research indicates consumers still need clear and easily understandable information on this topic.

Checking producer responsibility is easy!

The Battery Regulation requires distributors to verify that they are dealing with battery producers who are registered in the producer register and fulfill their producer responsibilities.

Producer responsibility means that certain product manufacturers, importers, remote sellers, and packagers are legally obliged to arrange for the waste management of their products once they are no longer in use. The easiest way to fulfill producer responsibility is to join a producer organisation.

“In Finland, the producer register is available on the Waste Management Compass. It is best to search using the company’s business ID,” advised Senior Inspector Jaana Mäenpää from the Pirkanmaa Centre for Economic Development, Transport, and the Environment (ELY Centre) during the webinar. The Waste Management Compass can be found at jätehuoltokompassi.fi.

The ELY Centre for Pirkanmaa supervises producer responsibility nationwide across mainland Finland. Supervision ensures a sufficiently wide and dense collection network. On the ELY Centre’s website, there is a report form to notify about entities neglecting their producer responsibilities. If a company under producer responsibility has not fulfilled its obligations, the Pirkanmaa ELY Centre may impose a penalty.

National implementation of the Battery Regulation is well underway

Kati Suomalainen from the Ministry of the Environment also reviewed the progress of the national implementation of the Battery Regulation in Finland during the webinar. National implementation involves amending laws that conflict with the Battery Regulation and repealing sections covered by it.

“We are already well underway with implementing the Battery Regulation,” Suomalainen said.

The first phase is complete, with a new chapter added to the Waste Act addressing conformity assessment bodies for batteries, now in effect. No organizations have yet been approved or notified to the commission. Information on applying for notified body status is available on the Ministry of the Environment’s website.

The second and third phases of national implementation are currently in progress.

“The government proposal on market surveillance related to the Battery Regulation was submitted to Parliament in September. The preparation of the government proposal on battery and battery waste management and producer responsibility has been initiated. Stakeholder meetings will be held throughout the autumn, and the proposal will be sent for consultation at the beginning of the year,” Suomalainen said.

The Commission, for its part, has initiated the preparation of regulations and guidelines related to the Battery Regulation.

“All stakeholders involved throughout the life cycle of batteries should follow the progress of the Commission’s preparation of regulations and guidelines related to the Battery Regulation. Once they are finalized, they are as they are, and those will be the rules we follow. Field practitioners may have valuable insights on how certain aspects should be expressed in the regulations or guidelines—now is the time to influence,” Suomalainen encouraged.

Currently under preparation by the Commission are, for example, guidelines on the removability and replaceability of portable batteries and batteries for light means of transport. A public consultation on the supplementary regulation regarding the key recycling efficiency and material recovery goals of the Battery Regulation has recently concluded. Responses to this consultation are available in the “Have Your Say” portal, where a public consultation on changes to battery waste classification is also underway.

A draft guideline on due diligence policies is also expected from the Commission. The Ministry of the Environment will inform stakeholders when the Commission releases new proposals.

See the Ministry of the Environment’s, Tukes‘ and The Centres for Economic Development, Transport and the Environment (ELY Centres) presentations (in Finnish):

Kati Suomalainen (YM): Jakelijan vastuu paristojen ja akkujen keräyksessä ja tiedotuksessa (pdf)
Seppo Niemi (Tukes): Jakelijan velvollisuudet markkinavalvonnan näkökulmasta (pdf)
Jaana Mäenpää (Pirkanmaan ELY-keskus): Miten tarkistaa, onko tuottajavastuu hoidettu? (pdf)

See the questions and answers presented in the webinar.

Read our previous articles:

#Aalto University: BATCircle2.0 continued Finland-based battery metals and recycling research – Paristokierrätys

#BatteryRegulation: The webinar gave additional information about the requirements of the Battery Regulation (paristokierratys.fi)

#BatteryRegulation: The updated guide regarding battery passports has been released – Paristokierrätys (paristokierratys.fi)

#BatteryRegulation: The application of the EU Battery Regulation begins on 18 February 2024 – preparations in Finland (paristokierratys.fi)

Battery seminar: The Finnish battery value chain needs courage and investments – Akkukierrätys Pb Oy (akkukierratyspb.fi)

Battery seminar: Producers trust the new battery regulation – “A good thing in the long run, even though the workload increases now.” (paristokierratys.fi)

Battery seminar: the obligations of the EU’s new Battery Regulation will be further clarified in the coming years – Akkukierrätys Pb Oy (akkukierratyspb.fi)

The parliament adopted the new Battery Regulation on 14 June 2023 – what next? – Akkukierrätys Pb Oy (akkukierratyspb.fi)

#BatteryRegulation: The content of the upcoming Batteries Regulation has been published—specifications regarding producer responsibility incoming – Paristokierrätys (paristokierratys.fi)

#BatteryRegulation: The EU aims to tighten the collection rate of batteries and accumulators and make the calculation methods more realistic – Paristokierrätys (paristokierratys.fi)

#BatteryRegulation: There is demand for recycling the rare metals used in lithium-ion batteries, but some batteries lack recycling solutions—what will happen to the increasingly demanding recycling targets of the EU? – Paristokierrätys (paristokierratys.fi)

The Batteries Regulation of the EU emphasises producer responsibility (akkukierratyspb.fi)

This article is a part of the joint communications of the battery producer organisations Recser Oy and Akkukierrätys Pb Oy concerning the EU Batteries Regulation. You can also subscribe to our newsletter to receive the latest news on the subject.