Battery Regulation in Poland – Key Obligations for Manufacturers, Importers and Dealers

Last updated: 21.08.2026

Regulation (EU) 2023/1542 introduces a broad set of obligations covering the entire battery life cycle, from production and placing batteries on the market to collection, recycling and supply chain due diligence.

For manufacturers, importers, distributors and EV dealers in Poland, these requirements may directly affect operational procedures, contractual arrangements and regulatory compliance. Understanding the applicable deadlines and responsibilities is therefore essential for limiting legal and business risk.

EU Battery Regulation in Poland – Who Is Covered by the New Rules?

Regulation (EU) 2023/1542 of the European Parliament and of the Council, defined as the unified framework for battery regulation in Poland, has replaced the previous battery framework from 2006 and implemented uniform supervision over the entire battery life cycle of galvanic cells—from design and production, through use, to collection and recycling.

As part of EU law, the new Batteries Regulation applies directly and unconditionally, without the need to wait for the legislative processes regarding the amendment of the national Act on Batteries and Accumulators.

Crucially, the scope of entities is much broader than commonly believed. The obligations introduced by the new regulation do not solely rest on battery manufacturers; they also encompass:

• importers of electric vehicles (since they import a vehicle with a built-in battery),

• EV distributors (if they sell vehicles to consumers, they become an entity introducing a battery to the market),
• dealers (if they independently import and sell vehicles—they become importers),
• leasing operators (concerning obligations at the end of the battery lifecycle).

In Poland, there are over 23,000 potential entities bound by the regulation, and a significant portion of them is not yet aware of it. This makes the correct identification of an entity’s status particularly important for businesses operating on the Polish battery market.

Placing Batteries on the Market – How to Determine Your Legal Status

The scope of liability depends directly on precisely defining the structural role of the economic operator within the supply chain:

• Manufacturer: An entity established in the EU that produces batteries and places them on the market under its own brand name. It bears the widest scope of technical and technological obligations.
• Importer: An entity established in the EU that introduces batteries or entire vehicles with built-in batteries from third countries into the European Union commercial market. A dealer bringing an EV directly from China acts in the capacity of an importer, which triggers extensive battery producer obligations Poland mandates.
• Distributor: An entity making vehicles with batteries available on the market that acquired them from a vendor that already has a registered corporate structure within the EU (a classic car showroom operating within the network of an official general importer).

Key questions for self-assessment: Do I bring vehicles from outside the EU? If yes—I am an importer. Do I purchase vehicles from an entity with its registered office in the EU and resell them to consumers? If yes—I am a distributor.

Waste Battery Collection – Obligations for EV Dealers and Distributors

A fundamental operational revolution was introduced by the battery regulation starting on August 18, 2025. From this date, distributors and electric car dealers are statutorily obliged to offer completely free collection of battery waste, including spent EV batteries, from end users.

This obligation is unconditional – regulations forbid conditioning the acceptance of a waste battery on the purchase of a new product or any other services, as well as charging any storage or administrative fees.

Due to the massive weight, dimensions and chemical specifics of traction cells, showrooms must:

• implement specialized fire safety procedures,
• establish appropriate collection schemes,
• maintain permanent agreements with professional recyclers and recycling facilities entered into the BDO register.

Failure to comply may result in administrative fines imposed by GIOŚ. Understanding this regime answers directly what responsibilities arise for the distribution sector under Polish battery law and applicable waste management requirements.

Battery Regulation Timeline – CE Marking, Battery Safety and Reporting Requirements

The gradual rollout of the regulation imposes advanced technical and reporting duties on manufacturers and importers, as detailed in the timeline below:

The implementation of Due Diligence systems from August 2025 obliges importers to verify whether the critical materials—lithium, cobalt, nickel, manganese and graphite—used to produce batteries originate from areas associated with human rights violations or negative environmental effects.

Meeting these diligence obligations requires a supply chain audit up to two levels above the direct supplier.

Concurrently, the upcoming digital passport from February 2027 will be an electronic information record accessible via a QR code, gathering certified data on chemical composition, carbon footprint, performance parameters and the current State of Health (SoH) of the accumulator.

Digital Battery Passport – Required Data and Importer Preparation

From February 18, 2027, every EV battery with a capacity greater than 2 kWh placed on the market in the EU must possess a digital battery passport.

This is an electronic information record linked to a unique battery identifier and accessible via a QR code.

The passport must contain, among other things:

• chemical composition and materials used in production,
• carbon footprint (broken down by lifecycle stages),
• performance and durability parameters (including capacity, internal resistance, cycle count),
• information on the manufacturing facility,
• usage data (State of Health – SoH),
• information on repair and dismantling possibilities.

For EV importers, this means that Chinese manufacturers must supply detailed information within a structure compliant with the EU passport format.

Importers who have not regulated this matter in contracts with suppliers may face the impossibility of fulfilling this obligation—because they will lack the data.

Recommendation: Right now, when negotiating or renegotiating agreements with Chinese suppliers, a clause must be introduced imposing a strict obligation on the supplier to provide the data necessary for the digital passport within the deadlines required by the regulation—under pain of contractual penalties.

Battery Carbon Footprint – Reporting and Environmental Compliance

Since February 18, 2025, importers of EV batteries (including electric vehicle importers) are obliged to declare the carbon footprint of the traction batteries in their products. This applies to all EV batteries with a capacity above 2 kWh.

The carbon footprint must be calculated according to the methodology specified in the relevant implementing acts of the European Commission and cover emissions and environmental impact across the entire life cycle of the battery—from raw material extraction, through cell production, battery assembly, transport and usage, up to recycling.

In practice, the importer must obtain data regarding the carbon footprint from the battery or vehicle manufacturer in a specific format to demonstrate full compliance with the environmental requirements.

If the manufacturer does not have such data, which applies to many Chinese manufacturers operating on the market before 2025, the importer must use default values specified by the European Commission. These values are usually higher and less favorable.

The level of the carbon footprint declared by the importer will in the future affect:

• the possibility of selling the vehicle in the EU,
• compliance with planned emission thresholds,
• CBAM fees in the context of batteries containing critical raw materials.

Due Diligence Obligations for Critical Materials in the Supply Chain

Since August 18, 2025, EV battery manufacturers and importers are required to implement a due diligence system regarding the sourcing of critical materials. The obligation is modeled on regulations concerning conflict minerals.

Requirements specifically include verification that cobalt, nickel, lithium, manganese and natural graphite used for battery production do not originate from areas where their extraction involves:

• human rights violations, including child labor and forced labor,
• severe environmental damage,
• the financing of armed conflicts.

In practice, EV importers must demand documentation from their suppliers—vehicle or cell manufacturers—regarding raw material sources.

Implementing a due diligence system requires reviewing the supply chain at least two levels above the direct supplier. Full compliance therefore depends on access to reliable documentation throughout the relevant supply chain.

Penalties for violations and enforcement bodies

The battery regulation does not contain common sanction provisions for the entire EU, but imposes an obligation on Member States to establish “effective, proportionate, and dissuasive” penalties for non-compliance.

In Poland, the competent authority for supervising compliance with the regulations is the Chief Inspector for Environmental Protection (GIOŚ) along with the BDO registry system. The Trade Inspection can control product compliance with labeling and marking requirements.

Administrative penalties can include orders to withdraw the product from the market, a ban on placing new products on the market, and administrative fines. Detailed penalty rates will be specified in national provisions implementing the sanction regime.

Regardless of administrative sanctions, the violating party may bear civil liability towards customers and business partners—especially if the violation led to damages, such as the inability of a consumer to legally dispose of a battery.

Legal Support for Businesses Affected by the EU Battery Regulation

Regulation (EU) 2023/1542 may have a direct impact on market access, supply chain arrangements, contractual responsibilities and day-to-day compliance for manufacturers, importers, distributors and EV dealers operating in Poland.

Contact us to discuss the legal risks and regulatory obligations that may affect your business under the new EU battery framework.

FAQ – Battery law for EV dealers and importers