Draft Regulation on Batteries and Waste Batteries: New Rules within the Framework of Alignment with European Union Legislation

A Lifecycle Based Regulatory Model

A defining feature of Draft Regulation is that it does not limit obligations to the moment when a battery becomes waste. Instead, it builds a continuous framework extending from design and manufacturing to placing on the market, use, collection, repurposing, remanufacturing, and recycling.

This model transforms compliance into an ongoing responsibility. If the product remains in circulation, the expectation of conformity continues. Importers and distributors therefore assume a more visible role within the supply chain.

The life-cycle perspective also broadens the basis for market surveillance. Conformity is no longer assessed only at the time of first placement on the market. Use, transfer, and post-use operations become integral parts of the regulatory picture.

Sustainability, Carbon Footprint and Product Content Requirements

The Draft Regulation moves environmental impact from a purely technical consideration into the realm of legal obligation. For certain battery categories, the calculation and declaration of the carbon footprint become mandatory. Manufacturers are required to prepare data based on defined methodologies for each model and manufacturing site and to make this information accessible through the prescribed instruments. Environmental performance thus becomes an inherent component of market access.

The system does more than introduce a reporting duty. Declared values must be supported by technical documentation and be capable of verification where necessary. For some categories, visibility of this information directly on the product or through digital means is required. This structure facilitates administrative oversight and enables products on the market to be evaluated according to common metrics.

Environmental protection is not limited to carbon data. The Draft Regulation also establishes restrictions concerning certain substances that may be present in batteries. The potential effects of these elements on human health and the environment during use or in subsequent stages are considered. The presence of specific materials is therefore made subject to defined conditions, accompanied by mechanisms that allow those conditions to be updated when needed.

In addition, selected battery groups are subject to requirements to provide information on recycled content, demonstrate specified ratios in technical documentation, and substantiate performance and durability parameters. The regulation therefore records not only the existence of a product on the market but also the qualities under which it is supplied. Environmental criteria become measurable, traceable, and open to control.

Labeling and Access to Information

Draft Regulation strengthens informed consumer choice and market surveillance by requiring information to be presented according to a standardized system. Labeling obligations are not limited to explanatory statements for end users. They also function as tools that render the legal responsibility of the economic operator placing the product on the market visible and traceable.

Label content varies depending on battery type and characteristics. Capacity and performance data come to the forefront for rechargeable batteries, whereas warnings relating to duration of use and non-rechargeability are emphasized for primary batteries. Symbols reminding users of separate collection duties and indications concerning the presence of certain heavy metals communicate environmental protection requirements directly through the product. As a result, a common information standard that is comparable and suitable for verification is established.

One of the most notable innovations introduced by the Draft Regulation is the mandatory integration of digital access tools. Through a QR code placed on the product, a wide range of data can be reached, from technical specifications and conformity documentation to recycled content information and explanations relating to waste management. This architecture enhances supervisory capacity while promoting transparency throughout the supply chain.

Where physical placement of the label on the product is not feasible, the regulation allows information to be provided on the packaging or in accompanying documentation. In this way, practical limitations do not undermine accessibility.

Digital Battery Passport

The digital battery passport stands as one of the most concrete expressions of the Draft Regulation’s emphasis on traceability and data transparency. For certain battery categories, the system establishes a digital identity and enables centralized monitoring of information ranging from technical characteristics to environmental indicators.

Responsibility for ensuring that the data contained in the passport remains accurate, complete, and up to date rests with the economic operator placing the battery on the market. For companies, data governance therefore becomes a core element of regulatory compliance.

The passport also creates a shared reference point for dismantling, second-life applications, repurposing, and recycling operations. Information regarding composition and history supports the safe and lawful execution of these activities.

Extended Producer Responsibility

At the heart of the structural transformation introduced by the Draft Regulation lies a redefinition of the producer’s role. The producer is no longer merely the actor who introduces a product into commerce but also a stakeholder responsible for managing environmental impacts arising at the end of the battery’s life. Obligations thus extend beyond the point of sale and spread across the entire life cycle.

Within this framework, producers finance systems for separate collection, transport, and environmentally sound treatment of waste batteries. Public awareness activities, measures aimed at preventing waste generation, and the provision of information to competent authorities are likewise incorporated into the producer’s sphere of responsibility. Although recovered materials may retain economic value, the continuity of the system ultimately depends on producer involvement.

This responsibility is not designed as an isolated mechanism. The Draft Regulation builds upon the existing waste management architecture, particularly the framework established under the Waste Management Regulation. Battery-specific rules therefore operate as a specialized layer that complements established collection, recovery, and reporting structures. The result is stronger administrative oversight and greater predictability for economic operators.

The Draft Regulation also clarifies who bears responsibility when batteries that have been prepared for reuse, repurposed, or remanufactured are placed back on the market. Operators reintroducing such products into economic circulation may, under certain conditions, assume the status of producer. By linking benefit and burden, the regulation prevents responsibility from becoming diluted.

For producers established outside Türkiye, the requirement to appoint a locally established authorized representative plays a critical role. The presence of a domestic interlocutor enhances enforceability and supports effective supervision.

Producers may fulfill their obligations individually or through producer responsibility organizations. Regardless of the chosen structure, ultimate accountability toward public authorities remains. Producers are expected to ensure that financial contributions are used for their intended purposes and that the system achieves the prescribed collection and recovery outcomes.

Administrative Sanctions

Administrative sanctions applicable in cases of non-compliance with the Draft Regulation are determined in accordance with Environmental Law No. 2872, the Law on Product Safety and Technical Regulations No. 7223, and other relevant legislation. Measures are imposed by the competent authorities depending on the nature of the violation.

Conclusion

The Draft Regulation reshapes the regulatory landscape governing the battery ecosystem and significantly broadens the scope of producer responsibility. Alignment with European Union legislation establishes a shared baseline for international trade while increasing the exposure of non-compliant actors to substantial legal and commercial risk.