WEEE and Batteries in Poland: EPR Obligations for Companies Selling Electrical and Electronic Equipment

If you sell smartphones, home appliances, power tools, LED lighting, or any product powered by electricity or a battery, your EPR obligations go far beyond standard packaging registration. WEEE and batteries are separate streams, each with their own requirements and a statutory obligation to appoint an Authorised Representative for e-commerce sellers.

What is WEEE and Which Products Does It Cover?

Polish law (the Act on Waste Electrical and Electronic Equipment, WEEE Act) distinguishes 6 categories of electrical and electronic equipment (EEE):

  • Temperature exchange equipment: refrigerators, air conditioners, heat pumps
  • Screens and monitors: televisions, laptops, tablets, smartphones, PC monitors
  • Lamps and lighting equipment: LED bulbs, fluorescent lamps, spotlights
  • Large household appliances: washing machines, dishwashers, ovens, induction hobs
  • Small household appliances and consumer electronics: kettles, hair dryers, speakers, headphones, smartwatches
  • Small IT and telecommunications equipment: routers, printers, keyboards, mice, power banks

Registration Obligations for WEEE

  • BDO registration (Division VI): separate from packaging registration
  • Contract with a WEEE recovery organisation (e.g. Remondis Electrorecycling, Biosystem)
  • Record-keeping of equipment mass broken down into 6 categories
  • WEEE collection level: minimum 65% of the average annual mass of equipment placed on the market in the preceding 3 years (requirement applicable since 2021)
  • Payment for public educational campaigns
  • Annual BDO report: by 15 March

Authorised Representative for WEEE: A Key Obligation

Legal basis: Article 26 of the Act on Waste Electrical and Electronic Equipment (Journal of Laws 2024.573, consolidated text)

The obligation to appoint an AR applies to every foreign producer selling WEEE equipment directly to Polish households via e-commerce (B2C). This applies to both companies based outside the EU and companies based in another EU country. The criterion is the method of sale (at a distance, directly to consumers), not the country of incorporation.

The AR assumes full responsibility for registration, record-keeping, reporting, and fees. Appointment is made by written contract under pain of nullity. If a foreign company submits a BDO application without designating an Authorised Representative, the Office will not accept the application and will not assign a BDO number.

Batteries and Accumulators: A Separate EPR Stream

Batteries are a separate EPR category, independent of WEEE. The registration obligation applies to companies placing the following on the market:

  • portable batteries (AA, AAA, lithium, button cell, 9V)
  • vehicle batteries (car and motorcycle batteries)
  • industrial batteries (UPS, forklifts, energy storage systems)
  • devices with built-in batteries (Bluetooth headphones, watches, power banks, e-bikes)

Dual obligation: Bluetooth headphones = WEEE (category 5) + batteries = two separate registrations and records in BDO.

New Battery Requirements 2026: EU Regulation 2023/1542

The year 2026 is an intensive phase of implementing the EU Battery Regulation. Key changes:

  • Battery labelling (from August 2026, Article 13 of EU Regulation 2023/1542): every battery must bear a label with information on performance (capacity), durability, and chemical composition
  • Replaceability of batteries in portable devices: this is becoming a market standard required by ecodesign regulations. Built-in batteries must be replaceable by the user
  • Due diligence for companies with turnover exceeding 40 million EUR: obligation to monitor environmental and social risks in the supply chain of raw materials (lithium, cobalt, nickel, manganese)
  • AR for batteries: from 18 August 2025, battery producers without a seat in Poland are required to appoint an AR
  • Portable battery collection levels: target of 63% by 31 December 2027 (next step: 73% by 2030). In 2026, introducers must already intensify collection to meet these targets.

How Can EKOKONSULT Help Your Business?

EKOKONSULT provides specialized compliance services for international businesses placing electronic equipment and batteries on the Polish market. We conduct detailed product audits to determine your exact registration categories, manage your electronic BDO reporting, and assist in selecting the most cost-effective recovery organization.

While the statutory role of an Authorized Representative must be performed by an eligible entity such as a recovery organization, EKOKONSULT delivers complete operational and administrative support. We guide your business through the contract negotiation process, audit your documentation for absolute legal accuracy, and manage your day-to-day BDO operations. Contact our environmental experts today to secure your compliance before launching sales in Poland.

Frequently Asked Questions (FAQ)

Does the Authorized Representative requirement for WEEE apply to companies based in other EU member states?
Yes. Article 26 of the WEEE Act covers every foreign producer selling B2C via e-commerce to Polish consumers, regardless of whether the company is based in the EU or outside it. The criterion is the method of sale, not the country of incorporation.
My product has a small button cell battery. Does this already create WEEE and battery obligations?
Possibly both. If the product contains an electronic component powered by electricity, it may be WEEE. The button cell battery creates a separate obligation in the battery category. It is worth verifying the classification before launching sales.
Am I required to physically organize the collection and recycling of old electronics myself?
No. International companies can satisfy their recycling targets by joining a registered WEEE compliance scheme. By signing a contract and paying an environmental fee based on the total mass of the equipment you place on the market, the compliance organization legally executes the collection and recovery processes on your behalf.
Do I need to independently organise the collection of used equipment?
No. It is sufficient to join a WEEE recovery organisation. You pay a licence fee based on the mass of equipment placed on the market, and the organisation fulfils the collection obligations on your behalf.
What does EU Regulation 2023/1542 change for my company?
If you sell battery-powered products: from August 2026 they must have new labels with information on composition and capacity. Batteries must be replaceable by the user. For turnover above 40 million EUR, a due diligence obligation in the raw material supply chain applies.