ASEKOL is a compliance scheme for the take-back of EEE. Its services have been used by manufacturers or importers of EEE based on individual agreements since 2005. Within its take-back system, ASEKOL closely collaborates with towns and municipalities, final retailers and service providers, collection companies and processors of EEE.
Basic Conceptst
A manufacturer is a legal entity or natural person authorised to do business as a manufacturer of electronic equipment under Section 3(1)(m) of the Act.
The designation “manufacturer” is in order and it is set out by Act No. 542/2020 Coll., on end-of-life products.
an entrepreneur established in the Czech Republic that, regardless of the method of sale, including the use of means of remote communication, under a name, trademark or other designation unmistakably associated with it (hereinafter “Own Brand”), manufactures and markets EEE or has EEE manufactured or designed and markets it under its own brand;
an entrepreneur established in the Czech Republic who, regardless of the method of sale, including the use of means of remote communication, under its own brand, puts into circulation EEE manufactured by other suppliers, unless the person's own brand according to point 1 appears on them; the placing on the market of EEE by a manufacturer pursuant to this provision is deemed to be its placing on the market for the purposes of this Act;
an entrepreneur established in the Czech Republic who, regardless of the method of sale, including the use of means of remote communication, places EEE acquired from another country on the market; or
an entrepreneur who places EEE on the market by delivering it by means of remote communication directly to end users in the Czech Republic from another country where it is established
(1) A manufacturer who fulfils the obligations set out in this Act under a compliance scheme is obliged to:
report to the compliance scheme operator true and complete data on the quantities of the selected products it has placed on the market, in units of weight and pieces;
enable the compliance scheme operator to verify the recorded data pursuant to Section 53(2)(a) in particular by providing the necessary cooperation for this purpose; and
cooperate with the compliance scheme operator in connection with the fulfilment of the compliance scheme operator's obligations in the field of eco-modulation.
The manufacturer is obliged to keep records of:
the quantities of the selected products it has placed on the market, in units of weight and pieces;
the persons who provide take-back, transport, processing or other handling of taken-back end-of-life products for the manufacturer, in a similar scope of data to that set out in Section 26(a) to (c); for persons who provide processing for the manufacturer, the business ID number and address of the end-of-life product processing facility is also recorded; and
the flow of end-of-life products taken back from a take-back point through to their final use, including preparation for reuse or disposal.
(2) If a manufacturer fulfils its obligations for all the selected products it places on the market under a compliance scheme, it only keeps the records referred to in subsection 1(a).
(3) If a person referred to in subsection (1)(b) arranges for the take-back, transport, processing or other disposal of end-of-life products for a manufacturer and at the same time for another manufacturer or compliance scheme operator, that person is obliged to report data relating to the end-of-life product only once so as to avoid the duplication of data.
(4) The Ministry issues a decree determining the scope and manner of record-keeping pursuant to subsection (1).
Section 73 Separate Statement of Costs
1) When selling new electrical appliances, manufacturers, distributors and end sellers of electrical appliances are obliged to state the costs for the take-back, processing, use and disposal of the electrical appliance per one kilogram of new electrical appliances separately from the price for the electrical appliance, in particular in the form of stand-alone information on the tax document in accordance with the Value Added Tax Act.
2) The separately stated costs pursuant to paragraph 1 may not exceed the costs known to the EEE manufacturer at the time the new EEE is placed on the market or a demonstrable estimate of the expected costs, if the costs are not incurred by the EEE manufacturer until after that time. Where the EEE manufacturer fulfils the obligations laid down by this Act in a compliance scheme, the costs known to the EEE manufacturer at the time the new EEE is placed on the market shall be determined by the amount of the contribution paid to the compliance scheme operator pursuant to Section 46(1).
3) Paragraphs 1 and 2 do not affect the obligations of the last seller pursuant to pricing regulations.
The term electrical and electronic equipment (EEE) means any EEE meeting the definition in Section 3(1)(c) of the Act. For the purposes of the Agreement, EEE means all EEE included in one of the groups 1 to 6 under Annex 1 to the Act.
Section 3(1) c) Electrical and electronic equipment (EEE) is:
(1) The following is understood to apply for the purposes of this Act:
a) selected product means an electrical appliance, battery or accumulator, tyre or vehicle,
b) end-of-life product means a selected product that has become waste,
c) EEE means electrical and electronic equipment that is functionally dependent on an electric current or an electromagnetic field, or equipment for the production, transmission and metering of an electric current or an electromagnetic field, which is intended for use with voltage levels not exceeding 1,000 VAC or 1,500 VDC.
Compliance scheme is a take-back system created exclusively by the Manufacturer of electrical equipment, which is organizationally and technically managed by ASEKOL a.s.
The compliance scheme operator will arrange for the manufacturer:
a) the take-back of WEEE through a network of take-back points throughout the Czech Republic;
b) the transport of WEEE from take-back points to the processing point, c) processing of WEEE by a person authorised to do so by law and pursuant to the Waste Act, using the best available techniques;
d) the use or disposal of taken-back WEEE no later than the end of the calendar year following the year in which it was taken back;
e) the use of taken-back WEEE at least to the extent specified in Annex 3 to the Act;
f) the recovery of fluorinated greenhouse gases and their recycling, reclamation or disposal under the conditions laid down in the directly applicable European Union regulation on fluorinated greenhouse gases, if these substances are contained in EEE;
g) the keeping of accurate records of the flow of taken-back WEEE;
h) informing consumers, awareness-raising and cooperation on informing distributors and last sellers;
i) the preparation of an annual report and its delivery to the Ministry pursuant to Section 51 of the Act.
Section 28 Annual Report
(1) The manufacturer is obliged to draw up an annual report on the performance of the obligations defined for the take-back, processing, recovery and disposal of end-of-life products for the previous calendar year (hereinafter the “Annual Report on End-of-Life Products”) and then file such report with the Ministry by 31 March of the subsequent calendar year.
(2) The manufacturer is not subject to the obligation under paragraph 1 if it fulfils its obligations for all selected products it places on the market in a compliance scheme.
(3) The Ministry shall issue a decree specifying the content and scope of the Annual Report on End-of-Life Products.
Section 10 Distributor’s Responsibility
If a selected product does not come from a manufacturer who is registered in the List of Manufacturers or instead of whom an authorised representative is registered in the List of Manufacturers, the manufacturer’s rights and obligations provided for in this Act are vested in the distributor of the product.
Section 11 Authorised Representative
1) If the manufacturer is not established in the Czech Republic, it is entitled to appoint an authorised representative for the purpose of fulfilling the obligations set out in the Act based on a written contract.
2) Only a person authorised to do business and established in the Czech Republic may be an authorised representative.
3) The compliance scheme operator cannot be designated as the authorised representative. This does not affect the fulfilment of the manufacturer’s obligations by the authorised representative in the compliance scheme.
4) The authorised representative shall fulfil all the obligations of the manufacturer as laid down in the Act..
Section 61 Authorised Representative
1) The EEE manufacturer referred to in Section 3(1)(m)(4) is obliged to appoint an authorised representative pursuant to Section 11 for the purpose of fulfilling the obligations laid down in the Act
2) A person established in another Member State who is not also established in the Czech Republic and who places EEE on the market through other suppliers may appoint an authorised representative pursuant to Section 11. Such person is obliged to inform its customers of the appointment, change and dismissal of an authorised representative.
3) A person established in the Czech Republic that supplies EEE by means of remote communication directly to end users in another Member State is obliged, in accordance with the legal regulations of such Member State, to appoint, based on a written authorisation, an authorised representative for the purpose of fulfilling the obligations relating to such EEE arising from the legal regulations of such Member State.
Section 12 Ensuring the Take-back of End-of-life Products
The manufacturer is obliged to ensure, at its own expense, the take-back of end-of-life products and their subsequent processing and recovery or disposal under the conditions laid down by this Act. If the take-back is carried out in cooperation with the operator of a take-back point, a written agreement must be concluded between that person and the manufacturer on the establishment of the take-back point.
Where this Act requires the manufacturer or the last seller to arrange for the take-back of end-of-life products free of charge or without charge, the end-user is not charged any costs or other payments directly or indirectly related to the take-back. This is without prejudice to the possibility of financially motivating the end-user, in the form of a payment or other incentive, to return the end-of-life product to the take-back system or to return it in any other way allowed by this Act.
The manufacturer must not make the take-back of an end-of-life product conditional upon the purchase of a new product
Where an end-user who is a consumer hands over for take-back an end-of-life product which is clearly incomplete as a result of dismantling, or hands over only a part which has been dismantled from an end-of-life product, no consideration or other incentive shall be offered or given for that product or part thereof.
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Section 9 Methods of Performance of Obligations by the Manufacturer
The manufacturer fulfils its obligations stipulated in the Act for the take-back, processing, recovery and disposal of end-of-life products, informing the end user about take-back and other related obligations:
in an individual system; or
in a compliance scheme, based on a written agreement with the compliance scheme operator to ensure the fulfilment of obligations regarding the take-back, processing and recovery or disposal of end-of-life products (hereinafter the “Collective Performance Agreement”); the manufacturer's responsibility for fulfilling these obligations does not cease if the compliance scheme operator fails to ensure their fulfilment.
Section 44 Obligations of Compliance Scheme Operator
The compliance scheme operator is obliged to ensure the collective fulfilment of the obligations of manufacturers with which it has concluded a collective performance agreement, in accordance with the conditions set out in the Act and in the decision to issue an authorisation to operate the compliance scheme.
The terms and conditions of collective performance agreements, including the amount of contributions, must be set by the compliance scheme operator uniformly for all manufacturers so that no manufacturers or groups of manufacturers of a certain type or brand of selected products are unjustifiably advantaged or disadvantaged in competition. Eco-modulation is not an unjustified advantage or disadvantage in competition.
The compliance scheme operator is obliged to conclude a collective performance agreement for all selected products placed on the market by the manufacturer within the scope of its authorisation to operate the compliance scheme, provided that the manufacturer expresses an interest in concluding such agreement and has no outstanding debts to the compliance scheme operator. If a manufacturer against which insolvency proceedings have been initiated expresses an interest in concluding a collective performance agreement, the compliance scheme operator is entitled to take this fact into account in the conditions of the collective performance agreement.
The compliance scheme operator is obliged to publish a template collective performance agreement, including rates for calculating any monetary performance under the agreement, on its website no later than on the day on which such template agreement is first used.
The compliance scheme operator is obliged to submit to the Ministry within 30 days of the date of a decision by the general meeting or the adoption of a decision per rollam:
a copy of the current list of members of the compliance scheme operator, stating their interest in the registered capital and voting rights as of the date of the decision, if the compliance scheme operator is a limited liability company;
an extract from the register of uncertificated securities or an extract from the register of immobilised securities, in the case of an issue of shares by the compliance scheme operator, as of the decisive date for the making of the decision by the general meeting, or a copy of the list of all shareholders who are owners of registered shares, as of the decisive date for the making of the decision, if the compliance scheme operator is a joint stock company;
minutes of the general meeting, at least to the extent that the general meeting concerned matters entered in the Commercial Register and decisions on the approval of the financial statements, the settlement of losses or the approval of the transfer, commercial lease or pledge of a business plant, or the text of a decision adopted per rollam.
The compliance scheme operator is also obliged:
to implement eco-modulation for selected products, where possible, taking into account their life cycle; and
to publish on its website information about its ownership structure, stating the members’ shares in the registered capital or the ratio of contributions to the registered capital as a percentage, the first names and surnames of the members of the compliance scheme operator’s bodies, the rates of monetary contributions associated with ensuring the collective fulfilment of manufacturers’ obligations under the Act paid by producers for each selected product or unit of weight of selected products placed on the market, and information on the procedure for selecting persons providing services in the field of end-of-life product management; the compliance scheme operator is obliged to update the published data no later than 45 days after a change.
Exceptions from the Act Pursuant to Section 2(3)
3) This Act does not apply to:
EEE necessary for the protection of the Czech Republic’s security interests, including weapons, ammunition and munitions intended for the needs of the security or armed forces and other military material intended exclusively for security or military purposes;
EEE designed and installed as part of other equipment not covered by this Act, provided that it can only perform its function as part of that equipment and that it does not comprise light sources or solar panels;
EEE designed to be sent into space;
large stationary industrial machinery;
large fixed installations, except for equipment not specifically designed and installed as part of such installations;
non-road mobile machinery intended exclusively for professional use;
EEE specifically intended solely for research and development purposes that is not normally available to consumers;
medical devices, if they are expected to be a source of infection before the end of their useful life, and active implantable medical devices;
explosives;
batteries or accumulators used in equipment:
related to the protection of the Czech Republic’s security interests, including weapons, ammunition and munitions intended for the needs of the security or armed forces and other military material, with the exception of products not intended exclusively for security or military purposes; or
designed to be sent into space; and
vehicles of the armed forces.
Explanation of terms in Section 2(3)(d), (e) and (f) in Section 3 in the following points:
large stationary industrial machinery means a system of large dimensions composed of machines, equipment or components that function together for a specific purpose, are permanently installed and dismantled by specialist personnel at a specific location, and whose use and maintenance are restricted to specialist personnel on premises for industrial production or research and development;
large fixed installation means a system of large dimensions composed of several types of apparatus and, where appropriate, other equipment, which is assembled, installed and dismantled by specialist personnel, intended for permanent use as part of a building or structure in a predetermined place reserved for that purpose, and which may be replaced only by equipment specifically designed for the same purpose;
non-road mobile machinery means a machine with its own power source, the operation of which requires either mobility or continuous or semi-continuous movement between a series of fixed workstations and which is designed exclusively for professional use;
Section 19 Register
The Register is a public administration information system that is used to maintain data on take-back points. The Ministry is the Register’s administrator.
The Register is publicly accessible in a manner enabling remote access to data on public take-back points.
The following data are entered in the Register:
name and business ID number of the person, if allocated, operating a take-back point;
address, basic territorial unit number according to the Municipalities Register and City Boroughs or Districts Register, and geographical coordinates of the take-back point;
information on end-of-life products that are taken back, at least the type and group of the selected product, the subgroup pursuant to Section 59(2) as far as concerns EEE, or the maximum size or quantity of end-of-life products taken back;
indicative data about the operating hours of the take-back point; and
name, address of registered office and business ID number, if allocated, of the manufacturer or compliance scheme operator that established the take-back point.
The manufacturer is obliged to enter the data stated in paragraph 3(a) to (d) in the Register by remote access and to update the data in the same way, no later than within 30 days of the moment the fact giving rise to the change to the data occurred. In the case of data pursuant to paragraph 3(a), the manufacturer inputs and updates only the business ID number of the person.
Section 62 Labelling EEE
The EEE manufacturer shall ensure that, when placed on the market, the EEE is marked with the specified graphic symbol for take-back purposes. If the EEE cannot be marked in this way due to its size or function, the packaging, the instructions for use and the warranty certificate for the EEE shall be marked with a graphic symbol.
The EEE manufacturer shall ensure that the marking of EEE clearly indicates that the EEE was placed on the market after 13 August 2005.
The Ministry shall set out in a decree:
the template of the graphic symbol for labelling EEE for take-back purposes pursuant to paragraph 1; and
the method of labelling EEE placed on the market after 13 August 2005, pursuant to paragraph 2.
Section 63 Information for End Users
Manufacturers of EEE intended for household use are required to inform end users, in writing, through the last sellers and at their own expense, of:
the requirement that WEEE should not be disposed of as unsorted municipal waste, but should be handed over at designated locations in accordance with this Act;
the method used for take-back;
the role of the end users in the reuse of EEE and the recycling or any other use of WEEE;
potential harmful environmental and health effects of the hazardous substances found in EEE; and
the meaning of the graphic symbols that apply to take-back in compliance with section 62(1).
Annex 6 to Decree No. 16/2022 Coll - Templates of Graphic Symbols Used to Label EEE
Template 1
The dimensions of the symbol are defined in EN 50419 (360800) Labelling of EEE in accordance with Article 11(2) of Directive 2002/96/EC (WEEE).
Template 2
The dimensions of the symbol are defined in EN 50419 (360800) Labelling of EEE in accordance with Article 11(2) of Directive 2002/96/EC (WEEE).
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The European legislation covers the treatment of end-of-life EEE for the whole of the European Union. The key documents at present are Directives 2012/19/EU and 2012/65/EU, which arose from the need to properly regulate the management of the ever-increasing amount of WEEE in EU countries. The aim of these directives is to harmonise the rules on the management of e-waste so that they are consistent with environmental protection in all EU countries.
This is a Directive of the European Parliament and of the Council on the restriction of the use of certain hazardous substances (RoHS) in electrical and electronic equipment. The RoHS has a fairly simple objective: to restrict the use of hazardous substances and to set maximum tolerable mass concentration values in homogeneous materials
To facilitate orientation on RoHS issues the MIT has issued a Manual. It is intended to be used by all economic operators (manufacturers, authorised representatives, importers and distributors) as an introduction to the issue, to make it easier for them to understand the government regulation and to provide them with an overview of the obligations arising from this regulation.
This Manual relates to Government Regulation No. 481/2012 Coll., on the restriction of the use of certain hazardous substances in electrical and electronic equipment, which entered into force on 2 January 2013 and regulates the agenda in the Czech Republic, which is usually referred to as "RoHS" (updated 14 May 2019).
The aim of this Government Regulation / RoHS Manual is to:
facilitate understanding of RoHS-related issues, or those relating to Government Regulation No. 481/2012 Coll., on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended.
ensure that, with regard to the protection of human health and the environment, electrical equipment placed on the market contains certain hazardous substances (lead, mercury, cadmium hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers) in homogeneous materials only up to the maximum permissible amounts.
ensure that manufacturers and importers place on the EU market only EEE that complies with this Directive; Manufacturers, importers or, where appropriate, authorised representatives of manufacturers are obliged to demonstrate that an EU conformity assessment, consisting of 3 elements, has been carried out on EEE before it is placed on the market.
preparation of Technical Documentation for EEE,
issue of an EU Declaration of Conformity,
ensuring that EEE bears the CE mark
modify the rights and obligations of manufacturers, their authorised representatives and importers who place electrical and electronic equipment on the market in the Czech Republic and distributors who supply such equipment to the market in the Czech Republic.
draw up a list of products/types of equipment that fall outside its scope, that also contains a number of exemptions for specific uses of hazardous substances, including transitional provisions governing the period of time for which these exemptions from the prohibition on the use of certain hazardous substances apply.
At the same time, the Government Regulation sets out a list of products/types of equipment that fall outside its scope, that also contains a number of exemptions for specific uses of hazardous substances, including transitional provisions governing the period of time for which these exemptions from the prohibition on the use of certain hazardous substances apply.
For the purposes of the Government Regulation, electrical and electronic equipment is defined as any equipment that requires electrical energy or electromagnetic fields to perform at least one of its intended functions and equipment for the generation, transmission and measurement of
such energy and fields and that are intended for use with an alternating voltage not exceeding 1,000 V and a direct voltage not exceeding 1,500 V.
The Czech Trade Inspection Authority is responsible for checking compliance with the obligations of all economic operators for all categories of electrical equipment, with the exception of the medical devices category, which is checked by the State Institute for Drug Control.
The Government Regulation applies to all electrical equipment without exception. All the newly introduced exemptions are time-limited and apply to selected categories of electrical equipment (the list of which is set out in Article 2(2)(a) to (j) of Government Regulation No. 481/2012 Coll., as amended).
- principal milestones
expansion of the number of restricted substances to include DEHP, BBP, DBP and DIBP for medical devices (including in vitro medical devices), monitoring and control devices (including industrial monitoring and control devices), based on the amendment to Government Regulation No. 391/2016 Coll.
expansion of the scope to cover all "other EEE" - other electrical equipment that does not fall into any of the above product categories;
electrical equipment that was previously exempted under a transitional provision in Act No. 169/2013 Coll. (amendment to the Waste Act), with the exception of those = explicitly excluded by Government Decree No. 481/2012 Coll. as amended;
expansion of the number of restricted substances to include DEHP, BBP, DBP and DIBP for all categories of EEE, with the exception of medical devices (including in vitro medical devices), monitoring and control devices (including industrial monitoring and control devices), based on the amendment to Government Regulation No. 391/2016 Coll.
removal of the secondary market barrier, the sale of electrical equipment as used products placed on the market prior to 22 July 2019 and whose hazardous substance content is above the limit will not be prohibited after 22 July 2019;
modification of the conditions for the reuse of spare parts for repair, reuse, upgrading of functions or increase in capacity for electrical equipment belonging to all product groups. The defined spare parts will not be subject to the requirement of strict sub-limits for the content of certain hazardous substances;
the inclusion of pipe organs among the products not covered by the scope of the Government Regulation;
modification of the definition of the term non-road mobile machinery intended exclusively for professional use.
Pursuant to the Act on End-of-Life Products, a manufacturer is regarded as being an entrepreneur who, regardless of the method of sale, places batteries or accumulators on the market for the first time as a part of its business, including batteries or accumulators built into vehicles, EEE or other products, or that accompany them.
Every battery and accumulator manufacturer must submit an application for entry in the List of Manufacturers, no later than on the date they are first placed on the market.
However, if you sell batteries or EEE containing batteries that you purchased from a distributor or manufacturer in the Czech Republic, the reporting obligation does not apply to you. However, you should collect end-of-life batteries free of charge from end users or inform them in writing about the method of take-back. In any case, require a document from your suppliers proving that they are fulfilling their obligations under the Act. If this is not the case, all its obligations fall on you.
Batteries, accumulators and power packs must be marked with the graphic symbol for separate collection, i.e. the crossed-out bin symbol, and must be visibly, legibly and indelibly marked with their capacity.
Batteries or accumulators containing excessive levels of mercury, cadmium or lead must be marked with the chemical symbol for that metal (Hg, Cd, Pb).
Applies to batteries or accumulators containing more than 0.0005 % by weight of mercury (Hg) and 0.002 % by weight of cadmium (Cd).
The manufacturer and distributor are obliged to submit technical documentation to supervisory authorities upon request, proving that the batteries or accumulators do not contain more than 0.0005% mercury by weight, regardless of whether or not they are built into EEE or other products.
The manufacturer is obliged to ensure, at its own expense, the take-back of waste batteries from the end-user, irrespective of the brand and irrespective of the date of they were placed on the market, without requiring the purchase of a new battery and without being charged for such take-back.The manufacturer is obliged to ensure the proper processing and material recovery of waste batteries taken back at its own expense.
The manufacturer must ensure that the end-user is informed of the take-back arrangements.The new law obliges manufacturers to carry out awareness-raising activities aimed at changing consumer behaviour in order to get end-users more involved in take-back schemes and to achieve the highest possible take-back rate.
Every year, the manufacturer must prepare an annual report on the fulfilment of obligations set for the take-back, processing, recovery and disposal of waste batteries and send it to the Ministry of the Environment.
If:
You fail to provide the end user with the opportunity to dispose of waste batteries or accumulators.
You fail to enter the required data in the Register.
You fail to submit an application for registration on the List of Manufacturers or you provide false information in the application.
You fail to make or fail to notify the Ministry of a change to the information entered in the List of Manufacturers or fail to notify the Ministry that the reasons for being on the List of Manufacturers have ceased to apply.
If:
You set up a take-back point within a municipality, but you do not provide the municipality with information on the quantity of batteries you take back.
You fail to process or send the annual report by the specified deadline; you fail to keep the data for the specified period of time.
You fail to provide a sufficient bond to show that funding is secured for the disposal of batteries or accumulators.
You repeatedly fail to make or fail to notify the Ministry of a change to the information entered in the List of Manufacturers or fail to notify the Ministry that the reasons for being on the List of Manufacturers have ceased to apply.
If:
You fail to ensure, at your own expense, the take-back of batteries or accumulators and their subsequent processing and recovery or disposal under the conditions laid down in the Act,
You fail to inform end-users or carry out awareness-raising activities that meet the minimum requirements.
You fail to keep records in the prescribed manner and to the prescribed extent.
Regulation 2023/1542 on batteries and waste batteries introduces a new classification of such products into new groups and subgroups. Two new groups have been added – light means of transport batteries and electric vehicle batteries. Industrial batteries are divided into multiple subgroups.
Portable batteries
are hermetically sealed, have a mass of 5 kg or less, are not specifically intended for industrial use and are neither electric vehicle batteries, light means of transport batteries nor starter batteries
Instead of “portable by hand”, the weight limit is now up to 5 kg
From 18 February 2024, portable batteries must not contain more than 0.01% Pb.
Collection efficiency limits are to be increased, to 63% from 2027 and 73% from 2030.
Portable batteries for general use
a portable battery, whether rechargeable or not, that is specifically designed to be interoperable and that has one of the following common formats: 4.5V (3R12), button cell, D, C, AA, AAA, AAAA, A23, 9V (PP3)
New category
The feasibility of discontinuing non-rechargeable batteries will be assessed by 2030.
The feasibility of backing them up will be assessed by 2027.
Starter batteries
a battery that is specifically designed to provide electrical power for starting, lighting or ignition and which may also be used for supplementary or back-up purposes in vehicles, other means of transport or machinery
The category was formerly to be called “automotive batteries”.
From 2031, batteries must contain minimum percentages of recycled materials (Co=16%, Pb=85%, Ni=6%, Li=6%).
Light means of transport (LMT) batteries
a battery which is hermetically sealed, has a mass of 25 kg or less and is specifically designed to provide electrical power for the propulsion of wheeled vehicles that can be propelled only by an electric motor or a combination of motor and human power, including category L vehicles
A new category, formerly part of the industrial battery group
An accessible network of collection points must be established for LMT batteries and collection efficiency must be at least 51% by 2028.
From 2027, each battery must have its own digital passport.
From 2027, each battery must be marked with a QR code.
Electric vehicle (EV) batteries
a battery that is specifically designed to provide electrical energy to power hybrid or electric vehicles of category L that have a mass greater than 25 kg, or a battery that is specifically designed to provide electrical energy to power category M, N or O hybrid or electric vehicles
A new category, formerly part of the industrial battery group
A carbon footprint statement will be issued for each battery.
Entities with an annual turnover of more than EUR 40 million shall implement a due diligence policy for batteries when placing them on the market or into service.
Stationary battery systems for storing energy an industrial battery with internal storage that is specifically designed to store electricity from and supply electricity to the electricity grid or to store electricity for and supply electricity to end users, regardless of where and by whom the battery is used
A new sub-category coming under industrial batteries, as with the previous legislation
BMS batteries must contain up-to-date information on the technical condition and lifetime of the battery.
Each battery must be accompanied by proof of compliance with the safety parameters, the tests carried out and the potential risks.
Industrial battery
a battery specifically designed for industrial use, intended for such use after being prepared for a new or renewed use, or any other battery with a mass greater than 5 kg and which is not an electric vehicle battery, a light means of transport battery or a starter battery
The definition is expanded to include new-use batteries but reduced to include EV batteries and LMT batteries.
Batteries above 2 kWh shall meet the minimum values for electrochemical performance and lifetime.
Batteries will be marked with a label indicating the carbon footprint of the battery and the power class classification in terms of carbon footprint.
Batteries must comply with the new conformity assessment procedures and bear the CE marking. Your product may be assessed by a so-called notified body, which can be found in the Nando database on the European Commission website – EUROPA – European Commission – Growth – Regulatory policy – SMCS. Unfortunately, however, this database currently contains no such notified body in the Czech Republic.
According to the amendment to Act No. 542/2020 Coll., on end-of-life products, which is proposed to enter into force on 1 January 2025, the Czech Office for Standards, Metrology and Testing (ÚNMZ) will be designated as the notifying body, which will be responsible for notifying conformity assessment bodies and controlling their activities.
Until the amendment comes into force, the Ministry of Industry and Trade Product Contact Point (ProCoP) provides free advice on placement of products on the EU internal market. Further information is available here: ProCoP | MPO (gov.cz)
Portable batteries must not contain more than 0.01% lead by weight. This prohibition also applies to lead-acid batteries intended to power children’s pushchairs, which also fall under the category of portable batteries as defined in EU Regulation 2023/1542 (preamble paragraph 15).
Note: This restriction does not apply to portable zinc air button batteriesuntil 18 August 2028.
Battery management systems (BMS) must now keep up-to-date information on the technical condition and lifetime of batteries. This requirement applies to stationary battery systems, light means of transport batteries and electric vehicle batteries. The data must be easily accessible not only to battery owners but also to independent operators and waste management facilities. This will help to assess the residual value of batteries and facilitate their reuse or reconditioning.
Stationary battery systems must be accompanied by technical documentation that demonstrates that the batteries meet the safety requirements, have undergone the appropriate tests and include an analysis of the potential safety risks and guidance on how to mitigate these risks. This document will need to be updated if the battery is reconditioned or reused.
For rechargeable industrial batteries with a capacity of more than 2 kWh, light means of transport batteries and electric vehicle batteries, it is mandatory to include a document with data on their performance and lifetime. This document must contain details of how these data were measured or calculated. An exception is made for batteries that have been reconditioned or reused, if it can be shown that they were placed on the market before these requirements came into force.
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