Ask our Experts: Our Most Popular Questions on Batteries, Ecodesign and Illegal Logging

This blog was originally posted on 4th August, 2026. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY CATHERINE BURKE, SENIOR QUALITY ASSURANCE LEAD (REGULATORY CONTENT), ADHERENT

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As new EU product regulations continue to come into force, businesses are facing increasingly complex compliance obligations across multiple areas of legislation. Understanding how these requirements apply in practice is just as important as understanding the legal text itself.

The Adherent Ask Our Experts series brings together the most frequently asked questions, offering practical insights into regulatory scope, compliance obligations, implementation timelines, and documentation requirements. This edition brings together some of the most common questions we’ve received from clients, along with practical answers from our regulatory experts in relation to the EU Batteries Regulation, the Ecodesign for Sustainable Products Regulation (ESPR), and the EU Deforestation Regulation (EUDR).

Table of Contents

• EU Batteries and Batteries Waste Regulation (EU) 2023/1542
• EU Framework for Setting Ecodesign Requirements for Sustainable Products (ESPR), Regulation (EU) 2024/1781
• EU Making Available on the Union Market and Export from the Union of Certain Commodities and Products Associated with Deforestation and Forest Degradation, Regulation (EU) 2023/1115 

Batteries

EU Batteries and Batteries Waste Regulation (EU) 2023/1542

Question: We ship unchanged OEM equipment containing embedded batteries (primarily CR2032/CMOS coin cells) to EU customers. We do not manufacture batteries, replace batteries, modify the products, or relabel them. For shipments placed on the EU market on or after August 18, 2026, what are our exact obligations under Regulation (EU) 2023/1542?

Answered by: Dila Sen

Distributor Obligations 

Regulation (EU) 2023/1542 applies to all categories of batteries placed on the EU market or put into service, including portable batteries embedded in products. 

Based on the information provided, your company does NOT manufacture the batteries itself and acts as an importer/distributor of unchanged OEM equipment. Therefore, you are required to verify the manufacturer’s compliance, rather than demonstrate compliance itself.

The OEM’s EU Declaration of Conformity (DoC) and records demonstrating that you verified the manufacturer’s compliance (Article 41). There is no obligation to retain the manufacturer’s complete technical documentation.

 Is the OEM DoC sufficient? Yes, generally. An OEM DoC covering Regulation (EU) 2023/1542 is generally sufficient for unchanged OEM products. Separate battery-specific technical documentation is not normally required unless there are reasons to question the product’s conformity.

Physical inspection of embedded batteries? No. The Regulation does not require importers/distributors to remove batteries, photograph battery labels, or maintain photographic evidence. Article 41 requires verification that the required CE marking and applicable labelling are present, and reliance on OEM documentation is generally acceptable.

Question: Is there an updated timeline for the adoption of the Implementing Act concerning labeling requirements? Based on the current drafts, there appears to be a requirement for a uniform label containing general battery information. However, it remains unclear whether the CE marking and the crossed-out wheeled bin symbol can be integrated into this single uniform label, or if they must be applied as distinct, separate labels. Could you provide some clarity on the expected layout integration?

Answered by Jumana Ighbaria Hamam

Implementing Acts 

There is still no update with the adoption of the Implementing Act concerning labeling requirements, but is expected in the near future. 

As to your other question, the draft Implementing Regulation establishes a specific framework for battery labeling that treats the uniform label, the “crossed-out wheeled bin” symbol, and other markings as distinct regulatory components. While the draft provides harmonized specifications for a physical label containing general information, such as manufacturer details and electrochemical composition, it does not mandate that all markings be integrated into a single sticker. In fact, Article 1(1) explicitly allows manufacturers to split required information into multiple labels if physical space is limited, or if a single label would compromise readability or safety.

For instances where the battery surface area is insufficient to accommodate every requirement, Article 5 defines a strict priority order for placement. Under this hierarchy, the QR code (Priority 1) and the separate collection symbol (the crossed-out wheeled bin, Priority 2) take precedence over the physical label containing general information, which is ranked as Priority 5. This prioritization confirms that while these elements may be placed in the same proximity, they are legally viewed as independent marking obligations.

Regarding the layout, Article 2(5) notes that the position of the battery label must account for other mandatory markings required by Union or national law, specifically those related to safety, which would include the CE mark. The draft requires the general information label to cover at least 5% of the largest printable surface area, using high-contrast designs and specific open-source fonts like Noto Sans. If the battery’s size or nature makes on-product labeling impossible, the information must move to the packaging or accompanying documents, while remaining accessible via a QR code on the battery itself.

Question: We have a question regarding QR code which needs to be put on the batteries or packaging. For batteries sold by themselves, it is quite clear that the QR code with manufacturer’s info must be put on packaging and product if enough place (exp : AAA battery) But if we sell products that contain batteries inside, (product manufactured in China but battery provided by another chinese subcontractor), we will have to put a QR code on product (and/or on battery), could we have the QR code containing information from the subcontractor (battery supplier) or do we need to put our own QR code as manufacturer of the final product?

Answered by: Andrew O’Neill

QR Code 

The key point is that the QR code required under Regulation (EU) 2023/1542 relates to the battery itself. The manufacturer of the finished product and the legal manufacturer of the battery are not necessarily the same company.

In your case, the Chinese battery supplier may remain the legal manufacturer of the battery where the battery is supplied as an identifiable battery model under the supplier’s own name or trademark, and the supplier is responsible for the battery’s conformity assessment, technical documentation and EU Declaration of Conformity. In that situation, the battery supplier’s QR code may be used, provided that it relates to the specific battery model and contains or provides access to all required information.

However, your company may be regarded as the battery manufacturer where the battery is manufactured specifically for your company and is placed on the market under your company’s name or trademark. This may apply, for example, where the battery is private-labelled with your brand or where your company has had the battery designed or manufactured and markets it as its own battery. In that case, the QR code and the associated compliance documentation should identify your company as the battery manufacturer, even though the physical production is carried out by the Chinese subcontractor. 

The fact that the finished product carries your company’s brand does not, by itself, necessarily mean that your company is also the battery manufacturer. Where the battery retains the battery supplier’s name, trademark, model number and manufacturer identification, the supplier may continue to be identified as the battery manufacturer. However, where the battery is unbranded, specifically manufactured for your product and supplied only as part of your branded product, there is a greater possibility that your company could be treated as placing the battery on the market under its own name. 

The QR code may also contain information about several economic operators, including the Chinese battery manufacturer, the EU importer and the manufacturer of the finished product. However, the roles must be clearly distinguished. The subcontractor should not be identified as the legal battery manufacturer where your company is placing the battery on the market under its own name or trademark, and your company should not be identified as the battery manufacturer where it is acting only as the finished-product manufacturer or importer. 

The QR code must generally be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or justified because of the size or nature of the battery, it may instead be placed on the packaging and in the documentation accompanying the product. For an incorporated battery that is not accessible to the user, placing the battery QR code on the finished-product packaging and in the instructions or other accompanying documentation would generally be the more practical approach. The QR code should clearly identify the specific battery model installed in the product.

Ecodesign 

EU Framework for Setting Ecodesign Requirements for Sustainable Products (ESPR), Regulation (EU) 2024/1781

Question: So far some of the obligations of ESPR are live, some not. Concerning Art 23/24 we would like to have a clarification whether our products are affected and if we as a company need to take care about having a documented process with returns and the waste management afterwards even if we are not supplying fashion items.

Answered by: Cristian Barroso

Documentation Process 

Article 23 establishes a general provision requiring economic operators to take measures to prevent the need to destroy unsold consumer products. This obligation of prevention applies to all products in scope of the ESPR, whereas the prohibition of destruction of Article 25 is currently limited to textiles, mainly apparel and footwear, as listed in Annex VII. 

 Now, Article 24 is a disclosure obligation. It already requires large companies across all product sectors to disclose, on an annual basis, information on unsold consumer products that are discarded, including the number and weight of such products, as well as their reasons for doing so. The first reporting period corresponds to 2025 data to be reported in 2026. 

So, if your company discards unsold consumer goods, it must disclose the number and weight of products discarded, the reasons for doing so, the proportion delivered for reuse, recycling or remanufacturing, etc., and measures taken and planned to prevent the destruction of unsold consumer products.

Question: Under the EU ESPR Article 24 we retrospectively need to disclose the information on the number and weight of unsold consumer products discarded during the previous financial year. At this point is the implementing act just requesting that the data is logged? Or is it asking that we review the unsold consumer products as per the Waste Hierarchy and where possible repatriate any unsold consumer product back to the retail stores, donate it etc…? If we have to throw something away, does it have to fit a specific legal exception (derogation) i.e. damaged goods not safe or IP infringement etc… before it can be disposed of? Is this for all unsold consumer products or just textiles, apparel and footwear?

Answered by: Michelle Walsh

Unsold Consumer Products 

Article 24 of the EU ESPR is a disclosure obligation. There is no specific obligation to repatriate the products, however as part of the disclosure you must include the reasons for discarding the products and also include what preventive measures have been taken and planned to prevent their destruction. As per EU ESPR, large companies must disclose this information to cover products discarded during their first full financial year (on 2025 data) to be reported in 2026.

Implementing Regulation (EU) 2026/2 was approved in February 2026, this regulation approves a common standardized format for this disclosure, which companies will be required to use in the future which large companies will need to transition to.

Article 25 is a separate obligation of the EU ESPR Regulation. This places a ban on the destruction of unsold apparel, clothing accessories and footwear (as listed in Annex VII) from 19th July 2026.

Regulation 2026/296 was also approved in February 2026. Regulation 2026/296 essentially allows companies to destroy unsold textiles and footwear if they can document that the product falls under one of the specific exemption categories listed such as Dangerous/ Unsafe products,  IP Infringement etc. There are specific documentation requirements to avail of exemptions to this ban.

So (as per Article 24) if you need to discard unsold consumer goods, you must disclose this information in accordance with Article 24 including the reasons for discarding the products, proportion delivered for reuse/ recycling etc, and measures it has taken and planned to prevent the destruction of unsold consumer products.

As per Article 25, if you wish to destroy unsold consumer textiles and footwear, you cannot do this, as this practice is specifically banned unless you can document that one of the specific exemptions has been availed of, and this is properly documented in accordance with Regulation 2026/296.

I wrote a blog which sets out the requirements of these implementing laws in detail that you may find helpful – https://www.adherent.com/blog/what-are-the-latest-eu-espr-regulation-updates-on-transparency-and-destruction-of-unsold-consumer-products-2/

Question: I’m looking for info regarding DPP and ESPR and what waste streams we need to be reporting on… is this something you can provide direction on?

Answered by: Michelle Walsh

Digital Product Passport 

The information to be included in the DPP for textiles will be set out in the Delegated Act adopted pursuant to the ESPR Regulation which we are expecting in 2027.

In the meantime I would recommend the following JRC studies that will help you prepare:

1. The first study sets out the Methodology for defining data requirements for the Digital Product Passport under the ESPR framework. Published in March 2026.
2. Also, the JRC published a draft study in May 2026 on the Digital Product Passport Content for Textile Apparel Products under ESPR. This draft study outlines the proposed content for the DPP under 4 categories (product and producer identification; product-specific information (including substances of concern); compliance documentation, and information requirements (manual, instructions, warnings etc.)

Reporting Obligations

Chapter IV of the EU ESPR Regulation sets out requirements for disclosure of unsold consumer products and the ban on destruction of unsold consumer textiles and footwear.

I wrote a blog on this in February which sets out the requirement in detail under the new Implementing Regulations for the disclosure and reporting requirements.

Illegal Logging 

EU Making Available on the Union Market and Export from the Union of Certain Commodities and Products Associated with Deforestation and Forest Degradation, Regulation (EU) 2023/1115 

Question: I just wanted to confirm that the delegated act for EUDR would remove HS codes 4010 and 4016 from the scope of EUDR – meaning products with these HS codes would no longer be in scope, is that correct? I also wanted to check that if this delegated Act has been adopted by the Commission does this mean it has/will be approved and published?

Answered by: Hannah Janknecht

Removed Products

The Delegated Act, adopted by the EU Commission on 13 July 2026, indeed removes HS Code ‘ex 4010 Conveyer or transmission belts or belting, of vulcanised rubber’ and HS Code ‘ex 4016 Other articles of vulcanised rubber other than hard rubber, not elsewhere specified in chapter 40’ from the scope of the EUDR, which means that these derived products will not be subject to the EUDR requirements once the delegated act enters into force.

Legislative Process

Regarding the publication of the text: The delegated act was adopted by the EU Commission on 13 July 2026. The text has now been forwarded to the EU Council and Parliament for scrutiny. The two institutions have two months to raise objections, and if no objections are raised, the act will enter into force. The final act will be published in the Official Journal of the European Union once the scrutiny period ends and no objections have been raised.

Question: Please can you clarify if the cardboard boxes used to package multi-part sets fall under EUDR? I understand that If the packing material or packing containers, as classified under HS code 4819, is used to ‘support, protect or carry’ another product, it is not covered by the Regulation. However, would these cardboard boxes be classed as “Essential Character” Packaging i.e. packaging that is part of the product’s identity or value, and therefore be in scope of the EUDR?

Answered by: Hannah Janknecht

Packaging Under EUDR 

Information regarding this question can be found in the EU Commission guidance document to the EUDR (in C2P: ‘EU: Guidance Document on Regulation (EU) 2023/1115 on Deforestation-Free Products, Commission Notice, May 2026’).

In Section 7 (page 21), the guidance clarifies the circumstances under which packaging materials are subject to the regulation. It explains that packing materials or containers are not subject to the EUDR if they are used exclusively to support, protect, or carry another product. This exemption applies to a cardboard box containing a multi-part set of figurines.

Packaging that gives the product its essential character can however be in scope under certain circumstances. The guidance uses General Rule 5 for interpreting the Combined Nomenclature of Regulation (EEC) No 2658/87 to draw a line between different types of packaging that are in or outside of the scope:

• In scope are containers that give a product its ‘essential character’ (e.g., where the container itself carries the primary value or is the main object being bought). This packaging is classified independently from the product it carries and is assigned its own HS code.
• Not in scope are containers that are specially shaped or fitted to contain specific articles, are suitable for long-term use, are presented with the articles for which they are intended, and are of a kind normally sold therewith. These products are assigned the HS Code of the product inside.
• Not in scope is also ordinary packaging presented with the goods therein, since this is classified together with the goods.

So, unless your packaging creates the main value of the multi-part set, or it has a purpose and function that goes far beyond carrying the products therein, it is not classified separately and it is not subject to the EUDR.

Question: Are shipping cartons exempt from EUDR regulations? 

Answered by: Hannah Janknecht

Scope 

Cartons as a product are generally in scope of the EUDR, whether they are made of wood or paper (see Annex I, CN 4415 and CN Chapter 48).

The EUDR however contains an exemption for ‘packing material used exclusively as packing material to support, protect or carry another product placed on the market’.

In the EUDR Annex, this exemption is placed below CN Code 4415, which could be understood as only applicable to wood packaging. The EUDR FAQ however clarifies the following in question 2.5:

• ‘The text “not including packaging material used exclusively as packaging material to support, protect or carry another product placed on the market” in Annex I should be understood as follows: If any of the concerned packaging is placed on the EU market or exported as a product in its own right (i.e. standalone packaging), rather than as packaging for another product, it is covered by the Regulation and therefore legal requirements apply. If packaging, as classified under HS code 4415 or another HS Code, for example HS 48, is used to ‘support, protect or carry’ another product, it is not covered by the Regulation.’

In short, shipping cartons placed on the market as their own product are in scope of the EUDR, shipping cartons used to transport other goods are exempt.

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