September 2025 Newsletter
Newsletter: September 2025
EU Battery Regulation: Updates for Producers
The EU Battery Regulation came into effect in August 2023 and applied directly in all EU member states after a period of 6 months. Now, a year after the application, producers and Member States have implemented several key deadlines. 18 August 2025 marked the official repeal date of the previous legislation, the EU Battery Directive. Also on this date, two high impact requirements of the EU Battery Regulation Extended Producer Responsibility (EPR) began: the new battery categorization and the requirement for all distance selling producers to appoint an Authorized Representative (AR) in each Member State where they do not have a local entity.
- EWRN Published EU Battery Categories Battery Guidance
The European WEEE Registers Network (EWRN) recently published guidance that combines understanding from regulation definitions, recitals, and other articles to aid battery producers in categorizing under the five categories set out by the EU Battery Regulation (Regulation 2023/1542). The guidance correlates the new five categories with the three battery categories from the EU Battery Directive and provides examples of batteries falling into each category. The resource also proposes a definition interpretation of batteries “specifically designed for industrial uses”. Producers can use this resource while reviewing their battery types. The EWRN Guidance can be viewed here. - EU Council Adopted Law to Delay Due Diligence and Exemptions
The EU Council approved to delay the battery due diligence obligations by 2 years. This requirement is detailed in Chapter VII “Obligations of economic operators as regards battery due diligence policies” of the EU Battery Regulation. This postponement falls in line with the delay of due diligence for the Corporate Sustainability Due Diligence Directive (CSDDD).
Battery due diligence is the responsibility of companies in the battery supply chain to manage social and environmental risks linked to raw and secondary materials used in production. It involves risk management systems, third-party checks, oversight, and transparency to ensure risks are identified, prevented, and addressed across suppliers, subsidiaries, and subcontractors.
An additional proposal has been put forth by the European Commission to extend exemptions of small and medium sized enterprises (SMEs, companies under €40 Million in Revenue) to small mid-cap enterprises (SMCs, companies under €150 Million in Revenue) to alleviate unnecessary administrative burden.
Please reach out to Accerio if your company would like assessment and monitoring of battery obligations in the EU.
Washington and Maryland Pass EPR Packaging Laws
Maryland (SB901C) and Washington (SB5284C) became the 6th and 7th U.S. states to pass packaging EPR laws, signed into law in May 2025. Both require producers to register with a Producer Responsibility Organization (PRO) by July 1, 2026.
Covered materials include all types of packaging and paper products, including beverage containers, sold or distributed to consumers in MD and WA, respectively. In both states, implementation will be gradual through 2029, starting with needs assessments and PRO planning. While exact recycling or reuse targets are not yet defined, materials not covered under approved stewardship plans may be restricted from sale after 2032.
Producers selling into these states should begin assessing their packaging materials and market activities to determine applicability and plan for compliance. As the programs evolve, Accerio will provide further updates and assist clients with registration and data preparation.
Spain’s Draft EPR Decree for Textiles
On 23 June 2025, Spain released the draft Royal Decree establishing Extended Producer Responsibility (EPR) for textiles, including clothing, footwear, and fashion accessories, as required by Law 7/2022 on waste and circular economy.
The proposal obligates all “Producers” (including manufacturers, importers, own-brand distributors, and distance sellers) to register in a dedicated section of the Product Producers Registry (Registro de Productores de Producto), declare the volumes placed on the Spanish market annually, and fulfil their obligations exclusively through collective compliance with a producer responsibility organization (SCRAPs). Online platforms and logistics providers would also be required to check that only registered producers operate in the market.
The scope of the regulation will apply to clothing, footwear, and fashion accessories for household use (or other use, for products with similar nature) listed in Annex I of the draft. Producers will finance the system through fees paid to SCRAPs that will be calculated on product weight, or in some cases, by number of units. These fees will be subject to eco-modulation criteria in line with the EU Ecodesign for Sustainable Products Regulation (ESPR), considering design features such as durability, recyclability, and use of recycled content.
Retailers are directly impacted, as they may only sell products from duly registered producers. Those with a sales area greater than 400 m² must also dedicate part of their store to second-hand or “prepared for reuse” textile and footwear products. Where retailers place in-scope products on the market under their own brand or import them directly, they will themselves be considered producers and required to register and join a SCRAP.
SCRAPs will be responsible for meeting national collection and reuse objectives: 50% separate collection by 2030 (70% by 2035), with at least 20% prepared for reuse by 2030 (35% by 2035). They will also be required to publish annual data on volumes placed, collected, and managed, ensuring transparency in how targets are achieved.
The draft is currently open for public consultation and, once adopted, Spain would join a handful of EU countries with nationwide EPR systems for textiles.
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