“Batteries are an important source of energy and are one of the key elements for sustainable development, green mobility, clean energy and climate neutrality. Demand for batteries is expected to increase rapidly in the coming years, particularly for use in powering electric vehicles in road transport and light vehicles, making the market for batteries increasingly strategic worldwide.” (Reasoning for the new BATT regulation 2023/1542 dtd. 12.07.2023)
To respond to the growing demands, the EU has adopted a New Battery Regulation in July 2023, which replaces the previous Battery Directive from 2006 (EU Battery Directive 2006/66/EC). We summarized the Directive and its key changes for you.
REGULATION (EU) 2023/1542 of July 12, 2023 on batteries and waste batteries
Moving from Directive to Regulation
An important aim of the New Regulation was to create a harmonized legal framework that applies in every EU member state. In contrast to a directive, which must first be transposed into local national law in each member state, a regulation automatically comes into force in all the EU member countries.
Introduction of New Battery Types
In order to reflect new developments and market trends in the use of batteries, the classification into portable batteries on the one hand and industrial and automotive batteries on the other has been extended under Directive 2006/66/EC. The new regulation introduces 5 new categories.
New Obligations for Producers
Reduction of the CO2 footprint
The measures are described in Article 7 and include several stages:
- Stage 1: CO2 footprint declaration via QR code
- Stage 2: Labeling of CO2 intensity based on a performance class
- Stage 3: Introduction of maximum values
Depending on the battery type and level, different deadlines apply for implementation, which are to start from 2025. Details on the technical implementation will be gradually accompanied by delegated acts or implementing acts of the EU.
Requirements for minimum shelf life and performance
Article 9 and Article 10 regulate the minimum requirements for the shelf life and performance of batteries. The exact minimum values will only be defined gradually through delegated acts. Different deadlines for implementation apply depending on the battery type:
- General purpose portable batteries: Achievement of the minimum values from 2028
- Industry, LMT and starter batteries: Information obligation from August 18, 2024, achievement of minimum values from 2027.
Critical raw material assurance through minimum content of recycled material
Article 8 stipulates those critical raw materials such as cobalt, lithium, lead and nickel may only be used as recycled raw materials in certain minimum proportions.
Industrial, traction and starter batteries (>2kWh) will be subject to the obligation from 2028. The first stage is an information obligation before the first minimum proportions apply from 2031, which must then be gradually increased until 2036. For LV batteries, the obligations will apply from 2033.
Removability and replaceability
Article 11 of the Regulation stipulates that portable batteries must be easily removable and replaceable by end-users, while LMT, EV and industrial batteries must be easily removable and replaceable by independent professionals.
This requirement will come into force from February 18, 2027.
Extensive labeling and information requirements
Chapter 3 (Articles 13, 14) regulates the labeling and information obligations that must accompany batteries with all new obligations arising from the regulation (information on critical raw materials, etc.)
Extensive conformity and due diligence obligations
Chapters 4, 5, 6 and 7 describe extensive conformity and due diligence obligations for all actors involved, which are intended to ensure the safety of batteries placed on the market through labeling, testing procedures and management systems.
Article 48 et seq. also introduces new due diligence processes that focus on critical raw materials and include ESG risks. The guidelines for this are to be published by the European Commission in 2025.
Article 17 specifies what the coPerfor
Extended producer responsibility
The provisions on extended producer responsibility remain essentially the same, i.e. anyone who places batteries on the EU market must take care of the collection and recycling of all batteries and regularly report the quantities they place on the market to the national authorities – tasks that are largely outsourced to PROs (Producer Responsibility Organizations), which take on these tasks on their behalf.
New are higher collection target rates than before, depending on the new battery categories.
Battery passport
All relevant battery values (e.g. performance rating, material composition, CO2 footprint) must be stored in a digital battery passport and made available online from February 18, 2027. Each battery must be equipped with a QR code to access the passport.