2026-02-16
Draft decree approved
Res. Ex. 821/2026 approves the draft supreme decree for batteries and opens the public consultation stage.
Regulatory framework
Ecobaterías is a Chilean waste manager for lithium batteries and photovoltaic modules: intake, testing, recovery, and a valorization and traceability certificate for EPR reporting.
Chile’s Extended Producer Responsibility law (Ley REP, Law No. 20,920) is in force and makes producers finance the collection and recovery of their products, but batteries still have no targets: they will be set by a decree that is still being drafted and that the Ministry of the Environment must propose before 2027-01-29. Portable batteries and solar modules already have their own targets in Supreme Decree (DS) 22/2025.
Updated on 2026-09-18 · Reviewed by the Ecobaterías technical team.
Source: regulatory impact assessment of the draft battery decree, Ministry of the Environment (Res. Ex. 821/2026) (opens in a new tab) · 2026-09-18
Law No. 20,920 set six priority products in 2016 and left the actual targets to later decrees, one per product. The battery decree has been in the making for years: the file was opened, an extended operating committee brought industry and academia to the table, and several deadline extensions followed before a consultable text existed.
2026-02-16
Res. Ex. 821/2026 approves the draft supreme decree for batteries and opens the public consultation stage.
2026-02-25 to 2026-04-09
The process received 451 comments and 33 international enquiries, a volume that explains the later revision of the text.
2026-07-29
Res. Ex. 4,225/2026 extends to 2027-01-29 the deadline for the Ministry of the Environment to propose the decree.
Pending
Targets become enforceable only once the decree is published in the Official Gazette, on the dates that text sets.
Source: Ministry of the Environment, draft supreme decree for batteries (opens in a new tab) · 2026-09-18
The practical consequence is simple: any battery target you read today, including the ones on this page, comes from a draft and may change. The valid reference will be the published decree.
The draft narrows its scope in Art. 2 No. 1: batteries are units of 5 kg or more, plus every lead-acid battery regardless of weight. Units under 5 kg that are not lead-acid are treated as portable batteries, which means they fall under DS 22/2025.
The weight cut is not arbitrary: it separates the household flow, collected at drop-off points and retailers, from the industrial flow — electric vehicle and bus packs, large tools, machinery, storage systems — which moves on dispatch notes, per-batch weighing and authorized transport. Two logistics, two decrees.
| Type of unit | Decree that sets its targets | Status |
|---|---|---|
| Portable batteries under 5 kg that are not lead-acid | DS 22/2025 | In force |
| Batteries of 5 kg or more (lithium-ion and other chemistries) | Battery decree | Draft |
| Lead-acid batteries, any weight | Battery decree | Draft |
| Photovoltaic modules | DS 22/2025 | In force |
Swipe to see the full table
The main obligation falls on the producer: whoever manufactures in Chile or first imports the product into the national market. If a solar plant, a bus fleet or a mining site imports its own equipment directly, that company is the producer of those units even if it never sells them. This is the point that surprises most compliance teams.
The draft proposes two exemptions in Art. 5: micro-enterprises as defined in Law No. 20,416 and anyone placing less than 600 kg per year on the market. Being exempt from the targets does not exempt anyone from handling the hazardous waste properly once the battery leaves service.
The most common mistake in the sector is mixing the DS 22/2025 targets with the ones in the battery draft. They are independent calendars with different legal status.
Legal status of table A: DS 22/2025 was published in the Official Gazette on 2026-05-07 and its targets are enforceable 24 months after publication, that is, from May 2028.
| Category | First target | Final target | Measured against |
|---|---|---|---|
| Portable batteries and electrical and electronic equipment | 3% in year 1 | 45% from year 10 | Collection |
| Photovoltaic modules | 10% in year 3 (2030) | 50% in year 10 (2037) | Estimated waste of the year |
Swipe to see the full table
Source: DS 22/2025, Ministry of the Environment, Official Gazette (opens in a new tab) · 2026-09-18
Legal status of table B as of 2026-09-18: Law No. 20,920 is in force. The battery collection and recovery targets come from the draft approved by Res. Ex. 821/2026 (2026-02-16), submitted to public consultation between 2026-02-25 and 2026-04-09 with 451 comments and 33 international enquiries; the deadline was extended by Res. Ex. 4,225/2026 (2026-07-29) to 2027-01-29. The figures may change during the process; the valid reference will be the published decree.
| Category | First target | Final target | Condition |
|---|---|---|---|
| Lead-acid (Art. 20) | 50% in year 1 | 90% in year 9 | Collection |
| Lithium-ion (Art. 22) | 15% in year 3 | 50% from year 10 | No target in the first two years; at least 30% of the target through preparation for reuse |
| Other chemistries (nickel, sodium, zinc) | No target | No target | Reporting duties only |
Swipe to see the full table
Source: draft battery decree, Ministry of the Environment (Res. Ex. 821/2026) (opens in a new tab) · 2026-09-18
The 30% preparation-for-reuse share is the hinge of the whole decree for lithium-ion: it forces testing before shredding. A pack that arrives with one damaged module and the rest healthy should not go straight to recycling, and that is exactly the job of lithium battery testing and repair.
While the decree is being drafted, an end-of-life battery is not in a legal vacuum. Law No. 20,920 is already in force as a framework, and handling the waste itself is governed by the hazardous waste regulation, Supreme Decree (DS) 148/2003, which requires a management plan from 12 t per year of hazardous waste and requires delivery to an authorized final destination, with authorized transport and a declared movement.
In practice, three things are enforceable today for any company accumulating end-of-life batteries: store them safely and for a limited time, hand them to a manager holding a health permit for that waste stream, and keep the paperwork that proves the final destination of every batch.
Ecobaterías runs its hydrometallurgical plant in Santiago with a health permit from the Seremi de Salud (Chile’s regional health authority) of the Santiago Metropolitan Region for the hydrometallurgical process, and hands over that documentation with every intake.
Beyond the producer, the draft spreads duties across everyone who handles the battery during its life. These are the three roles that generate the most questions.
The draft also requires a minimum network of drop-off points based on the population of each municipality (Art. 28), so that territorial coverage does not depend only on where each management system finds it convenient to operate.
Law No. 20,920 allows two compliance routes: an individual management system, organized and financed by the producer, or a collective system grouping several producers. In both cases the system must file a management plan with the Ministry of the Environment (Art. 10 of Law No. 20,920), stating the territorial coverage committed, the managers under contract and how compliance will be evidenced.
For a producer the choice is rarely only about cost: a collective system spreads the expense, while an individual one keeps control over traceability and over what happens to the recovered material. What does not change on either route is that every collected kilogram must end at an authorized final destination and be evidenced on paper.
Ecobaterías is the final-destination link: the point where a battery stops being a liability and becomes recovered material plus a document you can report with.
The intake price for lithium-ion batteries is published: see the intake price. If you also have decommissioned photovoltaic modules, the route is DS 22/2025 for solar panels and testing and reuse of used modules. For the market context behind these figures, see the Chilean battery and critical minerals market.
DS 22/2025 targets are enforceable from May 2028 and the battery decree is due before 2027-01-29: arrive with your manager already under contract. Tell us your approximate annual volume and we will send a proposal with traceability and valorization certificates within 48 business hours.