EU Battery Regulation implementation and updates
New EU Battery Regulation (2023)
On 12 July 2023, the European Commission adopted the new Battery Regulations 2023/1542, aimed at ensuring high sustainability standards for batteries sold in the EU, regardless of chemistry. This regulation is a key milestone in the European Green Deal, advancing the EU’s goals for a circular economy and zero pollution. It came into effect on 28 July 2023, but its provisions will not begin applying until 18 February 2024, with the rest of the measures implemented in phases until 2032.
Officially repealing the existing Battery Directive (2006/66/EC) as of 18 August 2025, the new regulation will establish one legal instrument with uniform application across all EU Member States.
The demand for batteries is projected to grow 14-fold globally by 2030. The EU potentially accounting for 17% of this increase due to transport electrification. New regulations are crucial considering this growth, as the rise in raw material demand highlights the need to minimize environmental impacts and promote the circularity of scarce materials.
Objectives of the EU Regulation
The regulation aims to drive technological advancements in the battery industry while reducing the environmental impact of battery production. It introduces new design, manufacturing, and recycling standards for all batteries sold within the EU. Additionally, the regulation seeks to harmonize product specifications across various battery types.
Scope
The regulation introduces 5 Battery Categories:
- Electric vehicle (EV) batteries
- Light means of transport (LMT) such as e‑bikes, e‑scooters.
- Portable batteries (<5kg),
- Industrial batteries,
- Starting, lighting and ignition (SLI) batteries.
Obligations overview
Producers of batteries will have varying obligations based on battery type, introduced in phases with specific requirements entering into force on different dates, primarily focusing on key areas of:
- CO2 footprint of batteries
- Performance and durability
- Labelling, marking, and consumer information
- Due diligence requirements
- Digital battery passports
- Recycling, take-back, and collection
Further details on the CO2 footprint threshold, minimum performance standards, and durability requirements will be clarified in delegated acts. The European Commission will also establish more information on due diligence requirements in future publications.
Who is considered a producer?
Producers introduce batteries to the market in EU Member States. This includes those involved in re-use, repurposing, or manufacturing. They hold extended producer responsibility (EPR).
Producers must appoint an authorized representative (AR) for EPR in any Member State where they sell batteries without a presence.
Provisions effective in 2024
After a six-month transition period, the new EU Battery Regulation (2023/1542) began to take effect on 18 February 2024 and will continue to be phased in through.
Starting in 2024, the following obligations have been phased in:
- Sustainability Requirements – Substance Restrictions (Effective August 18, 2024): Mercury: Max 0.0005% by weight, Cadmium: Max 0.002% in portable batteries, Lead: Max 0.01% in portable batteries (excludes zinc-air button cells until 18 August 2028).
- CE Conformity Required for All Battery Types (Effective from February 18, 2024): Producers must affix a visible CE marking with the notified body’s identification number before market placement, and distributors must verify it.
- Performance and Durability – Information on the state of health and expected lifetime (Effective from February 18, 2024): will be required for EV, LMT and Batteries for energy storage
- Performance & Durability – Documentation on electrochemical performance and durability (Effective August 18, 2024): will be required for EV, LMT, and rechargeable industrial batteries (>2kWh).
Obligations effective in coming years
From 2025 and beyond, new EU obligations for batteries will require the following:
- Digital Battery Passport (Effective 18 February 2027): Required for industrial (>2kWh), EV, and LMT batteries; must include carbon footprint, material origin, expected lifetime, and manufacturer details; accessible via QR code ‑Further guidelines will be issued by 18 August 2025.
- Due Diligence (Effective 18 August 2025): Required for all battery types; producers with over €40 million turnover must assess environmental and social issues in the supply chain for batteries with cobalt, lithium, nickel, and graphite; must publish annual reports and undergo audits; compliance may include joining a due diligence scheme; further guidelines will be issued by February 2025.
- Collection & Take-back Requirements: Manufacturers and PROs must establish a no-cost collection system for portable (45% by Dec 2023, 63% by Dec 2027, 73% by Dec 2031) and LMT batteries (51% by Dec 2028, 61% by Dec 2031), while distributors must take back waste batteries on a 0:1 basis and provide sufficient collection points, with no targets for SLI, industrial, or EV batteries.
- Recycling Requirements: By 31 December 2027, recycling processes must recycle at least 90% of cobalt, copper, nickel, and lead, and 50% of lithium, with recovered materials reused in new industrial, EV, and SLI batteries.
Sustainability requirements in coming years
- Carbon Footprint Declaration: EV batteries must comply by 18 Feb 2025; rechargeable industrial batteries >2kWh by 18 Feb 2026; LMT batteries by 18 Aug 2028; energy storage systems >2kWh by 18 Aug 2030; in-scope batteries must display carbon footprint and performance class labels from 18 Aug 2026, reviewed every 3 years.
- Recycled Content (Effective 18 August 2028): Applicable to industrial batteries >2kWh, EV, and SLI batteries containing cobalt, lead, lithium, or nickel; must include documentation of recovered material percentages, with LMT batteries subject to the same requirement starting 18 August 2033.
- Performance and Durability Requirements: Effective 18 August 2027, rechargeable industrial batteries must comply with specific standards, and from 18 August 2028, portable batteries (excluding button cells) will also be required to meet these standards.
- Removability and Replaceability Requirements (Effective 18 February 2027): portable batteries in products must be easily removable and replaceable by users, accompanied by instructions and safety information; LMT batteries must be removable and replaceable by a professional at any time during the product’s lifetime.
Conclusion
The new EU Battery Regulation marks a pivotal advancement for a sustainable battery industry. It aligns with the European Green Deal’s objectives. Global demand for batteries is rising, especially in the e‑mobility sector. The regulation introduces essential measures for environmental responsibility throughout the battery lifecycle. This includes design, manufacturing, recycling, and disposal. Key compliance deadlines are approaching. Businesses must adapt to evolving requirements. Companies must stay proactive to maintain competitiveness and compliance within the EU market.
How RLG Can Help
If your business is impacted by the updates to the battery regulation, RLG is here to help. Our team of experts can assist you in reviewing and amending your compliance strategies. We ensure you meet all regulatory requirements.
To learn more about how this regulation could affect your business, please complete our online contact form. Let us partner with you to navigate this evolving regulatory landscape confidently.
