WEEE and battery regulation: importer obligations

The WEEE Directive (Waste Electrical and Electronic Equipment) requires any importer placing equipment on the European market to register as a 'producer' with the national producer registry of each country where they sell. This registration is mandatory: it obligates you to finance collection, treatment, and recovery of waste from your products. In France, this flows through an approved eco-organisation (Ecosystem, ERP, etc.). As a producer, you pay an eco-contribution calculated by weight and equipment category. These contributions fund the mandatory take-back network: retailers and waste collection points. Failure to register exposes you to fines and trade restrictions.

Since 2015, every electrical or electronic equipment must bear the crossed-out bin pictogram, four diagonal stripes crossing a bin, signalling that the product must not be thrown into general waste. This marking is mandatory, visibly on the product, packaging, or accompanying document. You must also, when selling to consumers or distributors, provide written information on take-back conditions and sorting instructions. As a B2B buyer, you must demand from your supplier a WEEE declaration confirming producer registration and equipment category.

Battery Regulation 2023/1542 partly replaces the old Directive 2006/66/EC and introduces a tight schedule. Key milestones: August 2024, performance documentation for industrial batteries > 2 kWh; August 2025, mandatory collection symbol marking (crossed-out bin) on all batteries; August 2026, battery information labels and capacity labels mandatory; February 2027, QR code mandatory on all batteries linking to a digital battery passport. Since February 2025, carbon footprint declarations also apply for electric vehicle batteries. This calendar accelerates from 2026 onward.

From 2027, the Regulation imposes 'due diligence' across the supply chain for conflict minerals (tin, tantalum, tungsten, gold). In practice: you must request from your supplier a conformity attestation or an audit documenting material origin, labour rights compliance, and absence of conflict financing. This applies especially to lithium batteries from China. Non-compliance leads to administrative sanctions and trade bans. As a B2B operator, you must contractually pass this requirement upstream to your suppliers.

From February 2027, each battery must bear a QR code linking to a Digital Battery Passport (DPP). The passport assembles: chemical composition, nominal capacity, cyclelife, carbon footprint, raw material traceability, safe dismantling and recycling instructions. Today, the technology is still being deployed, but the Regulation requires manufacturers to be ready. As a buyer, insist that your suppliers confirm their ability to issue a QR code and a passport compliant with the EU format.

Under both regulations, the 'producer' is: (1) the manufacturer of the equipment or battery, or (2) whoever imports the finished product into the EU for resale. You, a French or European importer buying from China and reselling, are legally the producer. Your Chinese supplier bears no responsibility under European law. You alone are responsible for WEEE registration, eco-contribution payment, marking, due diligence, and battery passport. Do not rely on a supplier's declaration; verify against national registries.

Before signing an import contract, obtain in writing from your supplier: (1) Confirmation that the product/battery is or is not subject to WEEE (if applicable, WEEE documentation); (2) Technical specifications (weight, category, chemical composition) to calculate eco-contribution; (3) Attestation of compliance with due-diligence requirements (conflict minerals, traceability); (4) Commitment to access battery passport data (or QR code integration for February 2027); (5) Copies of mandatory markings (crossed-out bin for WEEE, battery label, QR code plans). Retain these documents for a minimum of five years. Customs and national environmental authorities will audit.