Accompanying Act for the EU Batteries Regulation under consultation

Author: Reka Krasznai

The Accompanying Act for the EU Batteries Regulation is a legislative package aimed at the national implementation of the EU Batteries Regulation, consisting of

the accompanying act for the implementation of the EU Batteries Regulation in the area of battery waste management,
an amendment to the Waste Management Act 2002 (AWG 2002), and
a federal act on market surveillance of batteries.

The Accompanying Act is currently under consultation, with the consultation period ending on May 5th, 2026.

At the same time as the EU Batteries Regulation Accompanying Act enters into force, the existing Austrian Batteries Ordinance is to be repealed. In addition, the provisions contained in the Austrian Waste Treatment Obligations Ordinance regarding the storage, collection, and treatment of waste batteries are also to be aligned with the new EU requirements.

Need for implementation in the case of an EU regulation?

Due to its legal form under Article 288(2) TFEU, the EU Batteries Regulation is directly applicable in every EU member state. In principle, this means that it is directly addressed to all relevant economic operators in all member states and must be complied with by them without the need for national transposition measures.

However, the EU Batteries Regulation itself provides for certain provisions that must be specified in detail by the member states. For example, national legislation must designate the competent authorities or establish penalties for violations of the EU Regulation. In addition, the EU Batteries Regulation grants member states considerable leeway in national implementation, such as determining whether participation in a collection and recycling system is mandatory for the respective battery categories.

Key provisions of the Accompanying Act for the EU Batteries Regulation

The Accompanying Act for the EU Batteries Regulation is intended to implement the EU requirements as follows:

The Accompanying Act for the implementation of the EU Batteries Regulation in the area of battery waste management largely incorporates existing provisions from the Austrian Batteries Ordinance concerning the collection of waste batteries, the coordination of collection, the obligation to participate in a collection and recycling system, the coordination body, as well as rules on self-importers and authorized representatives under extended producer responsibility. At the same time, the Federal Minister for Agriculture, Forestry, Climate and Environmental Protection, Regions and Water Management is designated as the competent authority for ensuring compliance with the obligations arising from Chapter VIII of the EU Batteries Regulation (battery waste management).
The amendment to the Waste Management Act 2002 (AWG 2002) is intended to align existing regulations with the new EU Batteries Regulation. In particular, the definition of “producer” is to be removed, as this now follows directly from the EU regulation. The draft bill also provides, independently of the EU Batteries Regulation, that recognized domestic and foreign environmental organizations may file appeals regardless of their participation in administrative proceedings concerning IPPC and Seveso facilities.
The Batteries Market Surveillance Act is intended to establish new regulations regarding the market surveillance of batteries.

Overview of the changes introduced by the EU Batteries Regulation

The EU Batteries Regulation has led to a comprehensive overhaul of EU battery law and introduces, in particular, the following key changes:

vFull life-cycle regulation through new requirements for sustainable battery design (requirements regarding carbon footprint; effective February 18th, 2027: removability and replaceability; and effective August 18th, 2028: minimum recycled content, performance, and durability)
Expansion from three to five battery categories: portable batteries, batteries for light-duty vehicles, starter batteries, industrial batteries, and electric vehicle batteries
New roles to increase the number of economic operators subject to market surveillance authorities (in particular, manufacturers, importers, online platforms, and fulfillment service providers)
Additional labeling requirements and a digital battery passport (mandatory as of February 18th, 2027)

Conclusion:

The transition from a directive to a directly applicable EU Batteries Regulation aims to achieve EU-wide harmonization of battery law. Notwithstanding its nature as a regulation, the EU act requires member states to adopt certain national provisions (particularly regarding authorities and sanctions) and allows for some flexibility in implementation with regard to certain provisions. These obligations and opportunities are now to be fulfilled or utilized through the Accompanying Act for the EU Batteries Regulation, which is currently under consultation.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.