Netherlands EPR

What is Netherlands EPR Batteries

The Netherlands has regulated battery producer responsibility since the 1990s. The current framework is governed by Regulation (EU) 2023/1542 — the EU Battery Regulation — which applies directly in all EU Member States from 18 August 2025, supplemented by national implementing legislation. The Dutch government has been amending national legislation — the Besluit regeling voor uitgebreide producentenverantwoordelijkheid (EPR Decree) — to fully align with the EU framework, with national implementing regulations expected from 1 October 2025. The Netherlands operates a split-system for battery EPR based on battery weight and type:

• Stichting OPEN manages portable batteries (up to 5 kg) and LMT batteries, including bicycle batteries through its subsidiary arrangement with Stichting EPAC
• Auto Recycling Nederland (ARN) manages automotive (SLI) batteries and electric vehicle (EV) propulsion batteries
• Rijkswaterstaat (Netherlands Ministry of Infrastructure and Water Management) is the competent authority for heavier industrial batteries and overall compliance oversight

The enforcement body is the Human Environment and Transport Inspectorate (ILT), which checks whether producers and importers register and comply with the rules. A notable situation applies to the Netherlands: Zalando has paused the technical setup of its battery EPR number collection for the Netherlands because there is no official public registry for battery producers yet under the new EU Battery Regulation framework. Producers should monitor Stichting OPEN and Rijkswaterstaat for updates on the public producer register.

Does This Apply to E-Commerce & Online Sales

Yes. Dutch EPR law explicitly states that foreign companies selling products directly to Dutch consumers via distance selling — including e-commerce — are considered producers and are fully liable for battery EPR compliance. Dutch regulations have applied this principle since the introduction of EPR legislation and it continues under the EU Battery Regulation framework. Foreign distance sellers must register, join the applicable PRO, and comply with all declaration, fee payment, and labelling obligations. The sales channel does not affect the obligation. Companies selling battery-containing products to Dutch consumers via their own webshop are treated identically to Dutch-established importers.

Who is the "Producer" under Netherlands EPR?

Under Regulation (EU) 2023/1542 and Dutch EPR legislation, a producer is any person who, in the course of commercial activity, places batteries — whether standalone or incorporated into products — on the Dutch market for the first time. This covers:

1. Dutch manufacturers or brand owners that first place batteries on the Dutch market under their own name.
2. Importers or intra-EU acquirers of batteries — liability attaches at customs clearance or arrival.
3. Private label owners whose brand name appears on batteries manufactured elsewhere.
4. Distance sellers with no Dutch establishment who make direct B2C sales in the Netherlands.
5. Economic operators who prepare batteries for re-use or repurposing — treated as producers for the second life of the battery.

Who Must Register for EPR Batteries in Netherlands

Registration requirements differ by battery type: Portable batteries and LMT batteries (up to 5 kg): Must register with Stichting OPEN (stichting-open.org). Registration with Stichting OPEN includes automatic registration in the relevant national systems. Producers pay a waste management fee based on declared volumes. Automotive (SLI) batteries and EV propulsion batteries: Must register with Auto Recycling Nederland (ARN) (arn.nl). ARN manages the battery-management fee for vehicle batteries. From 1 January 2026, this fee also applies to used vehicles with propulsion batteries (hybrids, plug-in hybrids, EVs). Heavier industrial batteries (above 5 kg, not automotive/EV): Must notify Rijkswaterstaat of how they intend to collect and process batteries, and submit an annual report by 1 August each year.

Netherlands EPR Battery Registration Threshold

Regulation (EU) 2023/1542 does not establish a minimum volume or turnover threshold below which producers are exempt from EPR obligations. All producers placing batteries on the Dutch market must register and comply regardless of size or volume. The only exemption in the Regulation concerns batteries used in military or space equipment, which are outside the scope entirely.

Batteries Covered (and Excluded)

Regulation (EU) 2023/1542 defines five battery categories, all within scope for EPR in the Netherlands, managed through different organisations: Portable batteries Batteries up to 5 kg not designed for industrial or vehicle use. Register with Stichting OPEN. Since August 2025, this category expanded to include batteries up to 5 kg (previously up to 3 kg for portable and 1 kg for industrial portable). Light Means of Transport (LMT) batteries Batteries used in e-bikes, e-scooters, e-mopeds, and similar light electric vehicles. Register with Stichting OPEN (bicycle batteries via Stichting EPAC arrangement). Automotive (SLI) batteries Starting, lighting, and ignition batteries used in vehicles. Register with Auto Recycling Nederland (ARN). Industrial batteries Batteries used in industrial applications not covered by other categories. Notify Rijkswaterstaat and comply with individual collection and reporting obligations. Electric vehicle (EV) batteries Propulsion batteries used in electric cars and heavy electric vehicles. Register with Auto Recycling Nederland (ARN). From 1 January 2026, importers of used vehicles with propulsion batteries also fall within scope. Key exclusions:

• Batteries designed for military or space equipment — outside scope entirely
• Batteries in nuclear installations — excluded
• Second-life batteries where the operator performing re-use or repurposing becomes the new producer

Producer Responsibility Organization (PRO)

The Netherlands operates a multi-PRO system with separate organisations for different battery categories: Stichting OPEN (stichting-open.org) — the primary PRO for portable batteries and LMT batteries. Stichting OPEN operates a nationwide collection network, manages the myBatbase reporting portal for member declarations, and coordinates recycling. It reports to Rijkswaterstaat on behalf of its members on legally determined recycling targets. Stichting EPAC — manages bicycle battery (LMT) obligations under a General Binding Statement, linked to Stichting OPEN's framework. Auto Recycling Nederland (ARN) (arn.nl) — manages automotive SLI batteries and EV propulsion batteries. ARN operates through its chain of 238 partners across the Netherlands and coordinates the battery-management fee for vehicle importers.

EPR Registration in Netherlands

The registration process for battery producers in the Netherlands depends on battery category: For portable and LMT batteries:

1. Determine whether your business qualifies as a producer under the EU Battery Regulation and Dutch EPR legislation.
2. If established outside the Netherlands, appoint an authorised representative established in the Netherlands before registering.
3. Register with Stichting OPEN (stichting-open.org) using the online registration form.
4. Set up access to myBatbase — Stichting OPEN's reporting portal for monthly, quarterly, or annual battery placement declarations.
5. Declare battery volumes placed on the Dutch market and pay the applicable waste management fee.

For automotive SLI and EV batteries:

1. Register with Auto Recycling Nederland (ARN) (arn.nl).
2. Pay the battery-management fee set annually by the Stichting Autobatterij Recycling.

For heavier industrial batteries:

1. Notify Rijkswaterstaat of collection and processing intentions.
2. Submit an annual report to Rijkswaterstaat by 1 August covering batteries placed on the Dutch market and batteries collected and processed in the previous year.

Authorized Representative

Under Regulation (EU) 2023/1542 and Dutch EPR legislation, distance sellers with no Dutch establishment must act via an authorised representative if required under Dutch law. Foreign companies selling directly to Dutch consumers are classified as producers and must comply — typically through a Dutch-established AR. The AR handles registration with Stichting OPEN or ARN, myBatbase reporting, fee payment, and communication with Rijkswaterstaat and ILT. Important development: In December 2025, the European Commission proposed suspending the authorised representative requirement for EU-established companies until 2035. This proposal has not been formally adopted as of May 2026. For non-EU producers, the requirement is not affected and continues to apply.

What Data Must Be Reported

Producers registered with Stichting OPEN must declare battery volumes through myBatbase — monthly, quarterly, or annually depending on the arrangement. Data required includes:

• Total weight (kilograms) of batteries placed on the Dutch market during the reporting period, by battery category
• Battery chemistry type where relevant
• Brand names under which batteries were placed on the market
• Collection and recycling performance data, reported by Stichting OPEN to Rijkswaterstaat

For heavier industrial batteries registered with Rijkswaterstaat, producers must submit an annual report by 1 August stating:

• Weight of batteries placed on the Dutch market
• Weight of batteries collected and processed in the previous year

First Reporting Period & EPR Reporting Deadlines

Battery EPR has been in place in the Netherlands since the 1990s. The EU Battery Regulation obligations took full effect from 18 August 2025. Key dates:

• 18 August 2025: EU Battery Regulation EPR obligations fully in force. Scope expands to include batteries up to 5 kg with Stichting OPEN (previously 3 kg for portable).
• 1 October 2025: National implementing regulations expected to take effect in the Netherlands.
• 1 January 2026: Battery-management fee for used vehicles with propulsion batteries (hybrids, plug-in hybrids, EVs) comes into force via ARN.
• 1 August (annual): Annual report deadline for heavier industrial battery producers reporting directly to Rijkswaterstaat.
• Monthly/quarterly/annual: Stichting OPEN member declarations through myBatbase — frequency depends on producer arrangement.
• 18 February 2027: Battery passports mandatory for industrial batteries (>2 kWh) and EV batteries.
• 18 August 2027: Due diligence obligations in force (delayed under Omnibus IV).

Labels & Marketing Claims

Crossed-out wheeled bin symbol From 18 August 2025, all batteries must display the separate collection symbol covering at least 3% of the area of the largest side of the battery, up to a maximum of 5 × 5 cm. The ILT checks compliance with this labelling requirement. Chemical symbols Batteries containing more than 0.002% cadmium must be marked Cd. Batteries containing more than 0.004% lead must be marked Pb. Capacity marking Portable and rechargeable batteries must display capacity information. QR code From 18 August 2026, all batteries must carry a QR code. For LMT, industrial (>2 kWh), and EV batteries, this links to the Digital Battery Passport from 18 February 2027. CE marking Mandatory from 18 August 2024. Consumer take-back information Retailers selling battery-containing products in the Netherlands must inform consumers where they can return batteries free of charge. This is an independently enforceable obligation under Dutch EPR law. Language requirements Consumer-facing information on batteries sold in the Netherlands must be provided in Dutch where required under Dutch consumer protection law. Environmental claims The Empowering Consumers for the Green Transition Directive (2024/825/EU) must be transposed by March 2026, after which unsubstantiated green claims will be prohibited across the EU including the Netherlands.

EPR Eco Fees & Eco-Modulation

Stichting OPEN sets waste management fees for portable and LMT battery members based on the weight and category of batteries placed on the Dutch market. Declarations are made through myBatbase, and fees are calculated based on declared volumes. ARN sets the battery-management fee annually for automotive and EV batteries through the Stichting Autobatterij Recycling, based on expected collective costs over a five-year period. Under Regulation (EU) 2023/1542, eco-modulation — adjusting contributions based on battery environmental performance — is required across all Member States. The Netherlands' specific eco-modulation framework has not been separately published in detail as of May 2026.

Risks, Penalties & Common Mistakes

1. Not knowing which PRO to register with. The Netherlands has a split system: Stichting OPEN for portable and LMT batteries, ARN for automotive SLI and EV batteries, Rijkswaterstaat for heavier industrial batteries. Registering with the wrong organisation does not fulfil your obligations for other battery categories.
2. Failing to register as a foreign distance seller. Dutch law explicitly captures foreign e-commerce sellers as producers. Operating without registration is a breach subject to ILT enforcement.
3. Assuming the Zalando pause means no obligation exists. Zalando paused its Netherlands battery EPR number collection because there is no official public producer registry yet — but the legal obligation to register and comply exists independently of marketplace enforcement.
4. Missing the 1 August annual report deadline for heavier industrial batteries. Producers reporting directly to Rijkswaterstaat must submit their annual report by 1 August covering the previous year's data.
5. Missing the scope expansion from August 2025. Since 18 August 2025, batteries up to 5 kg must be reported to Stichting OPEN. The previous threshold of 3 kg for portable batteries has been expanded.
6. Missing labelling requirements. The crossed-out wheeled bin symbol is mandatory from August 2025 and is actively checked by ILT.
7. Missing the QR code deadline of August 2026.

What E-Commerce Sellers Should Do Now

1. Confirm which battery categories your products contain and which PRO applies — Stichting OPEN (portable/LMT), ARN (automotive/EV), or Rijkswaterstaat (heavy industrial).
2. If established outside the Netherlands, identify and appoint an authorised representative established in the Netherlands.
3. Register with Stichting OPEN (stichting-open.org) for portable and LMT batteries, and set up access to myBatbase for declarations.
4. Register with ARN (arn.nl) for automotive SLI or EV batteries if applicable.
5. For heavier industrial batteries, notify Rijkswaterstaat and set up annual reporting by 1 August.
6. Monitor Stichting OPEN and Rijkswaterstaat for updates on the public producer register and Zalando's Netherlands battery EPR verification timeline.
7. Verify that all batteries carry the crossed-out wheeled bin symbol, CE marking, and capacity information as required from August 2025.
8. Ensure retailers and distributors are informed of consumer take-back obligations.
9. Plan for the QR code requirement by August 2026 and the Digital Battery Passport for industrial and EV batteries by February 2027.

FAQ

• Is battery EPR mandatory in the Netherlands?

Yes. Battery EPR has been mandatory in the Netherlands since the 1990s. From 18 August 2025, the EU Battery Regulation (2023/1542) fully applies. All producers placing batteries on the Dutch market must register with the applicable PRO — Stichting OPEN for portable and LMT batteries, ARN for automotive and EV batteries — declare volumes, and comply with collection and recycling obligations.

• Do foreign brands selling online into the Netherlands need to register?

Yes. Dutch EPR law explicitly defines foreign distance sellers as producers and requires them to comply with all battery EPR obligations. They must register with the applicable PRO and, if without a Dutch establishment, appoint an authorised representative. The obligation exists independently of whether Zalando or other marketplaces have activated EPR number verification for the Netherlands.

• Why has Zalando paused its Netherlands battery EPR setup?

Zalando paused technical setup for Netherlands battery EPR number collection because there is no official public registry for battery producers yet under the new EU Battery Regulation framework. This does not mean that the legal obligation to register and comply is paused — it only means that Zalando cannot yet verify registration numbers through its system. Producers must still comply and should monitor Stichting OPEN for updates on the public register.

• Which PRO should I register with for my battery products?

The Netherlands operates a split system: Stichting OPEN covers portable batteries (up to 5 kg) and LMT batteries. Auto Recycling Nederland (ARN) covers automotive SLI batteries and EV propulsion batteries. Heavier industrial batteries require direct notification to Rijkswaterstaat. Producers with multiple battery categories may need to register with more than one organisation.

• Is there a minimum volume threshold below which registration is not required?

No. The EU Battery Regulation does not establish a minimum volume or turnover exemption for EPR registration. All producers placing batteries on the Dutch market must register and comply regardless of size or volume.