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🔋For battery manufacturers

Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators

Analysis from 19 April 20262 sourcesOriginal version (OJ L 266, 26.9.2006, p. 1), with corrigendum (OJ L 311, 10.11.2006, p. 58)EUR-Lex Original

Our products contain batteries — do we still need to comply with the old Battery Directive, or has the new Batteries Regulation taken over?

Directive 2006/66/EC was repealed on 18 August 2025 by Regulation (EU) 2023/1542, but its legacy obligations on collection rates, recycling efficiencies and substance bans shaped national transposition laws that remain enforceable until fully superseded — compliance teams should verify alignment with the successor Regulation now.

Short Answer

Directive 2006/66/EC established the EU-wide framework for placing batteries and accumulators on the market, banning products exceeding 0.0005 % mercury or 0.002 % cadmium by weight [Art. 4], and mandating separate collection, treatment and recycling of waste batteries [Art. 8, Art. 12]. Member States were required to achieve minimum collection rates of 25 % by September 2012 and 45 % by September 2016 [Art. 10(2)], with recycling efficiencies of 65 % for lead-acid, 75 % for nickel-cadmium and 50 % for other batteries [Annex III, Part B]. The Directive was repealed by Regulation (EU) 2023/1542 with effect from 18 August 2025, but its national transpositions continue to govern legacy product obligations in several Member States until fully replaced.

Who is affected

Any person who places batteries or accumulators on the EU market for the first time on a professional basis (producer, Art. 3(12)), distributors providing batteries to end-users (Art. 3(13)), and manufacturers of appliances incorporating batteries (Art. 11). The Directive applied to all battery types regardless of shape, volume, weight or chemistry, with the sole exception of equipment for military use and equipment designed for space [Art. 2].

Deadline

The Directive was repealed on 18 August 2025. Since that date, Regulation (EU) 2023/1542 (new Batteries Regulation) governs all obligations. Compliance teams must now meet the successor Regulation's due diligence, carbon footprint and digital battery passport requirements, with the first due diligence obligations applicable from 18 August 2025.

Risk

Under the Directive itself, penalties were left to Member States, which were required to adopt rules that are 'effective, proportionate and dissuasive' [Art. 25]. In practice, national penalties varied: Germany's BattG provided fines up to EUR 100,000 for placing non-compliant batteries on the market. Failure to register as a producer or meet collection obligations could result in market bans and administrative fines. Under the successor Regulation (EU) 2023/1542, penalties may be substantially higher and are directly applicable.

Proof

Legal status

  • No longer in force
  • as of 2026-04-19
  • Original version (OJ L 266, 26.9.2006, p. 1), with corrigendum (OJ L 311, 10.11.2006, p. 58)

Primary sources

What to do now

Legal / DPO

  • Verify that national transpositions of the Directive (e.g. Germany's BattG, France's Code de l'environnement Art. R543-124 ff.) have been formally superseded by national measures implementing Regulation (EU) 2023/1542 — legacy obligations may still bind until superseded [Art. 26].
  • Review existing producer registration filings under the Directive's framework [Art. 17] and transition them to the new registration regime under Regulation (EU) 2023/1542, which requires registration in each Member State of first placing on the market.
  • Assess whether voluntary agreements concluded under the Directive [Art. 27] remain enforceable or have lapsed upon repeal, and renegotiate collection and recycling commitments under the successor framework.

Compliance

  • Audit current collection rate data against the Directive's 45 % target [Art. 10(2)(b)] and map it to the new Regulation's higher targets — any shortfall in historical reporting may trigger enforcement even post-repeal.
  • Confirm that all waste battery treatment and recycling schemes meet the minimum recycling efficiencies specified in Annex III Part B (65 % lead-acid, 75 % nickel-cadmium, 50 % other) and begin alignment with the Regulation's updated material recovery targets.
  • Ensure that producer financing obligations [Art. 16] — covering collection, treatment, recycling and public information costs — are documented and transitioned to the extended producer responsibility regime under the new Regulation.

IT / Security

  • Prepare IT infrastructure for the digital battery passport required under Regulation (EU) 2023/1542, which succeeds the Directive's labelling and capacity-marking obligations [Art. 21].
  • Implement traceability systems to track battery chemistry, substance content (Hg, Cd, Pb thresholds per Art. 4) and recycling pathways — data granularity required under the successor Regulation exceeds the Directive's reporting requirements.
  • Set up automated monitoring for collection rate calculations per Annex I methodology (weight of waste portable batteries collected divided by average sales over three years) and ensure reporting systems transition to the new Regulation's format.

Product / Engineering

  • Ensure all batteries and accumulators currently placed on the market comply with the substance restrictions: maximum 0.0005 % mercury and 0.002 % cadmium by weight [Art. 4(1)], noting that exemptions for cordless power tools expired following the Commission's review [Art. 4(4)].
  • Design appliances so that waste batteries can be readily removed by the end-user, and provide instructions on safe removal and battery type identification [Art. 11] — this obligation carries forward under the successor Regulation.
  • Verify that all battery labelling meets the Directive's requirements: crossed-out wheeled bin symbol covering at least 3 % of the largest side (max 5 x 5 cm), capacity marking, and chemical symbols (Hg, Cd, Pb) where substance thresholds are exceeded [Art. 21].

Key Terms

Battery / Accumulator
Any source of electrical energy generated by direct conversion of chemical energy, consisting of one or more primary (non-rechargeable) or secondary (rechargeable) cells [Art. 3(1)].
Portable battery
A sealed battery or accumulator that can be hand-carried and is neither an industrial nor an automotive battery — includes AA, AAA cells and batteries in consumer electronics [Art. 3(3)].
Automotive battery
Any battery or accumulator used for automotive starter, lighting or ignition power (SLI batteries) [Art. 3(5)].
Industrial battery
Any battery designed for exclusively industrial or professional uses, or used in electric vehicles such as electric cars, wheelchairs or airport vehicles [Art. 3(6)].
Producer
Any person who places batteries or accumulators on the market for the first time within a Member State on a professional basis, including via distance selling [Art. 3(12)].
Collection rate
The weight of waste portable batteries collected in a calendar year, divided by the average weight of portable batteries sold to end-users in that year and the preceding two years [Art. 3(17)].
Recycling
The reprocessing of waste materials in a production process for their original purpose or for other purposes, excluding energy recovery [Art. 3(8)].
Extended producer responsibility (EPR)
The principle that producers finance the net costs of collection, treatment, recycling and public information for waste batteries and accumulators [Art. 16]. A cornerstone of EU waste policy carried forward into the successor Regulation.
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Frequently Asked Questions

Which batteries and accumulators does Directive 2006/66/EC cover?
The Directive applies to all types of batteries and accumulators regardless of shape, volume, weight, material composition or use [Art. 2(1)]. It distinguishes three categories: portable batteries (sealed, hand-carried, not industrial or automotive — Art. 3(3)), automotive batteries (used for starter, lighting or ignition — Art. 3(5)), and industrial batteries (designed for industrial/professional use or electric vehicles — Art. 3(6)). Only batteries for military equipment and space applications are excluded [Art. 2(2)].
What are the substance restrictions for batteries placed on the EU market?
Batteries containing more than 0.0005 % mercury by weight are banned [Art. 4(1)(a)], with an exception for button cells up to 2 % mercury [Art. 4(2)]. Portable batteries exceeding 0.002 % cadmium by weight are also banned [Art. 4(1)(b)], with exemptions for emergency/alarm systems, medical equipment and cordless power tools [Art. 4(3)], though the cordless-power-tool exemption was subject to Commission review [Art. 4(4)].
What collection rate targets did Member States have to meet?
Member States had to achieve a minimum portable battery collection rate of 25 % by 26 September 2012 and 45 % by 26 September 2016 [Art. 10(2)]. The collection rate is calculated as the weight of waste portable batteries collected in a given year, divided by the average weight of portable batteries sold in that year and the preceding two calendar years [Art. 3(17), Annex I].
What are the recycling efficiency requirements?
By 26 September 2011, recycling processes had to meet minimum efficiencies: 65 % by average weight for lead-acid batteries, 75 % for nickel-cadmium batteries, and 50 % for all other waste batteries and accumulators [Annex III, Part B]. Lead and cadmium content must be recycled to the highest technically feasible degree without excessive costs.
Is Directive 2006/66/EC still in force?
No. Directive 2006/66/EC was repealed by Regulation (EU) 2023/1542 (the new Batteries and Waste Batteries Regulation) with effect from 18 August 2025. The successor Regulation is directly applicable in all Member States and introduces additional obligations including due diligence policies, carbon footprint declarations and digital battery passports. However, national transposition measures may remain relevant during the transition.
Who bears the costs for collection, treatment and recycling of waste batteries?
Producers — or third parties acting on their behalf — must finance the net costs of collecting, treating and recycling all waste batteries collected under the Directive, as well as public information campaigns [Art. 16(1), Art. 16(3)]. These costs must not be shown separately to end-users at the point of sale for portable batteries [Art. 16(4)]. For industrial and automotive batteries, producers and users may agree on alternative financing arrangements [Art. 16(5)].
What labelling requirements apply to batteries?
All batteries must bear the crossed-out wheeled bin symbol (Annex II), covering at least 3 % of the largest side up to a maximum of 5 x 5 cm [Art. 21(4)]. Capacity must be visibly and indelibly indicated on portable and automotive batteries [Art. 21(2)]. Batteries exceeding 0.0005 % Hg, 0.002 % Cd or 0.004 % Pb must display the corresponding chemical symbol beneath the wheeled-bin symbol, covering at least one quarter of its area [Art. 21(3)].
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