EU Publishes New Battery Regulation

On 28 July 2023, the European Union published the new Regulation (EU) 2023/1542 repealing Directive 2006/66/EC on Batteries.

The majority of the provisions will apply from 18 February 2024 and gradually replace the previous requirements from the Battery Directive by 2027.

Background

On 28 July 2023, the European Union published a new Regulation (EU) 2023/1542 for the requirement on batteries. The implementation will take place from 18 February 2024, in some cases much longer transition periods apply. Directive 2006/66/EC is repealed with effect from 18 August 2025.
The objectives of the regulation are to promote technological progress in the battery sector and to minimise the environmental impact of their production.
The Regulation lays down requirements on sustainability, safety, labelling, marking and information of batteries, as well as requirements for extended producer responsibility, the collection and treatment of waste batteries and for reporting, and covers their entire life cycle.

Definition of batteries is extended from former three categories to five categories:

portable battery*,
light means of transport battery or ‘LMT battery’,
starting, lighting and ignition battery or ‘SLI battery’,
industrial battery and
electric vehicle battery.

(Note: *‘portable battery’ means a battery that is sealed, weighs 5 kg or less, is not designed specifically for industrial use and is neither an electric vehicle battery, an LMT battery, nor an SLI battery; portable battery of general use is specifically designed to be interoperable and that has one of the following common formats 4.5 Volts (3R12), button cell, D, C, AA, AAA, AAAA, A23, 9 Volts (PP3)).

The Regulation continues to restrict the use of mercury and cadmium in batteries and introduces a restriction for lead in portable batteries.

Substances	Restrictions
Mercury	Batteries, whether or not incorporated into appliances, light means of transport or other vehicles, shall not contain more than 0,0005 % of mercury (expressed as mercury metal) by weight.
Cadmium	Portable batteries, whether or not incorporated into appliances, light means of transport or other vehicles, shall not contain more than 0,002 % of cadmium (expressed as cadmium metal) by weight.
Lead	1. From 18 August 2024, portable batteries, whether or not incorporated into appliances, shall not contain more than 0,01 % of lead (expressed as lead metal) by weight. 2. The restriction set out in point 1 shall not apply to portable zinc-air button cells until 18 August 2028.

Depending on the category of battery different requirements apply, such as:

A carbon footprint declaration will be requested for electric vehicle batteries, LMT batteries and certain rechargeable industrial batteries. Information requirements in the declaration will be tightened by time (see Chapter II, Article 7))
Documentation about the recycled content in certain industrial batteries, electric vehicle batteries, LMT batteries and SLI batteries. From 18 August 2028 or 24 months after coming into force of a delegated act, those batteries containing cobalt, lead, lithium or nickel, a documentation is requested about the percentage of those metals that has been recovered (Article 8)
Requirement for performance and durability. From 18 August 2028 or 24 months after coming into force of a delegated act, batteries of general use, excluding button cells, rechargeable industrial batteries, LMT batteries and electric vehicle batterie shall meet the minimum values for the electrochemical performance and durability parameters set out in Annex III or Annex IV of the regulation. (Article 9 &10)
Portable batteries and LMT batteries have to be readily removable and replaceable
Stationary battery energy storage systems have to be safe and documentation should give a prove for this (article 12)
Labelling, from 18 August 2026 or 24 months after coming into force of a delegated act, batteries shall bear a label containing general information as given in Annex VI Part A of the regulation (such as information manufacturer, battery category, or capacity)
From 18 February 2027, all batteries shall be marked with a QR code as described in Part C of Annex VI

The label for separate collection kept unchanged:

From 18 February 2027 each LMT battery, each industrial battery with a capacity greater than 2 kWh and each electric vehicle battery placed on the market or put into service shall have an electronic record (‘battery passport’).
Information on state of health and expected lifetime of stationary battery energy storage systems, LMT batteries and electric vehicle batteries have to be present in Battery management system from 18 August 2024
CE marking is requested for batteries. The conformity assessment procedure as well as the corresponding obligations of the economic operators are now regulated in detail in Chapter IV of the Regulation.

Apart of this, batteries have to be registered by producers. Mandatory collection targets for portable batteries will be gradually increased (Article 59). The Regulation also introduces collection targets for LMT batteries (Article 60). The recycling and recovery targets for certain raw materials are also being gradually increased (Annex XII).

Additional Information
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R1542

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EU Publishes New Battery Regulation

Substances

Restrictions