On 18 August 2025, the provisions of the new Batteries Regulation (Regulation (EU) 2023/1542) relating to extended producer responsibility for batteries and products with batteries will take effect across the EU. These provisions impose broader and stricter obligations relating to producer responsibility and introduces comprehensive requirements relating to sustainability, safety, labelling, and due diligence throughout the battery value chain.
The adoption of the Regulation is part of the EU's broader and ongoing push to strengthen Extended Producer Responsibility (EPR) schemes through updated directives and directly applicable regulations across multiple product sectors.
What is Extended Producer Responsibility (EPR)?
Under EPR schemes, producers are made environmentally and financially responsible for the lifecycle of the products they place on the European market - covering collection, recycling, and waste management - with the aim of promoting circular product design.
EPR has long been regulated in Denmark for certain product categories, and in recent years, the EU has introduced or expanded EPR obligations in sectors such as single-use plastics batteries and packaging.
This year, especially EPR obligations on batteries and packaging is in focus.
- The Packaging Directive (Directive 94/62/EC) - transposed in Denmark through executive orders - will be replaced by the new Packaging and Packaging Waste Regulation (PPWR) on 12 August 2026 (Regulation (EU) 2025/40). This directly applicable EU regulation aims to tighten and harmonise packaging requirements, thereby reducing national discrepancies.
- Similarly, the existing Batteries Directive (Directive 2006/66/EC), which is implemented in Denmark through two executive orders, will be replaced by new EPR-obligations following the Batteries Regulation entering into force on 18 August 2025. Under the Batteries Regulation, producers and importers will become fully financially and organizationally responsible for the collection and waste management of batteries. Producers may fulfil these obligations individually or by joining a collective scheme. In some cases, producers are even required to join such a scheme.
Further, there is increasing focus in the EU – and also among the Danish authorities – on online platforms and producers selling through such platforms who, in many cases, are not registered as producers in the Danish Producer Register. Recent EU regulations, including the Batteries Regulation and the PPWR, introduce specific obligations for online platforms. These provisions require platforms to play an active role in ensuring compliance, including verifying that producers using their services are properly registered and meet applicable extended producer responsibility requirements.
The EPR regulation is relevant across various industries, including for example, the medical sector, where both the packaging of medical products and the use of batteries in medical devices may be subject to EPR requirements.
Product categories in scope
In Denmark, EPR regulations generally apply to the following product categories:
- Packaging
- Electrical and electronic equipment
- Batteries
- Single-use plastic products
- Fishing gear containing plastic
- Vehicles
Key challenges
Despite the policy goals, EPR regimes pose practical challenges for businesses.
Firstly, although the objective is to harmonize EPR rules across Member States, national differences persist due to different implementation and enforcement of the directives. This regulatory variation can cause uncertainty for producers, who may struggle to maintain oversight of their obligations, particularly when operating across borders.
Moreover, determining who qualifies as a "producer" under EPR rules can be difficult - especially in global supply chains, where multiple actors are involved in manufacturing, importing, and distributing, and Member States may, in our experience, interpretate the definition of "producer" differently. This complexity is particularly evident when trying to ensure compliance by the correct parties on large online platforms.
What's next?
The EU is preparing to introduce EPR obligations for yet another product category; textiles, as part of the EU Strategy for Sustainable and Circular Textiles. These impending rules are expected to place new responsibilities on producers and importers of garments and textile products, including obligations relating to collection, sorting, and recycling of textile waste, as well as obligations for online platforms.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
