legislation-profile

Batteries Regulation

Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC

Scope

This Regulation lays down: (1) requirements on sustainability, safety, labelling, marking and information to allow the placing on the market or putting into service of batteries within the Union. It also lays down minimum requirements for extended producer responsibility, the collection and treatment of waste batteries, and for reporting.(2) battery due diligence obligations on economic operators placing batteries on the market or putting them into service. It also lays down requirements for green public procurement when procuring batteries or products into which batteries are incorporated. This Regulation applies to all categories of batteries, regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose. It shall also apply to batteries that are incorporated into or added to products or that are specifically designed to be incorporated into or added to products. For the purposes of this Regulation, ‘battery’ means any device delivering electrical energy generated by direct conversion of chemical energy, having internal or external storage, and consisting of one or more non-rechargeable or rechargeable battery cells, modules or of packs of them, and includes a battery that has been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing. (Article 3(1)(1)). Please note that the Batteries Regulation (EU) 2023/1542 has repealed the Batteries Directive 2006/66/EC, starting 18 August 2025. Some of the current Batteries Directive’s provisions will remain applicable for a longer period (for example, removability, recycling efficiencies and recycling reporting, and battery capacity labelling). The Batteries Regulation (EU) 2023/1542 began to apply on 18 February 2024, with some transitional periods for specific requirements.

Exemptions

Exemptions are defined in Articles 1(5) and 1(6) of the Regulation. This Regulation does not apply to batteries that are incorporated into or that are specifically designed to be incorporated into: (a) equipment connected with the protection of Member States’ essential security interests, arms, munitions and war material, with the exclusion of products that are not intended for specifically military purposes; and (b) equipment designed to be sent into space. Chapters III (Labelling, marking and information requirements) and VIII (Management of waste batteries) of this Regulation do not apply to equipment specifically designed for the safety of nuclear installations, as defined in Article 3 of Council Directive 2009/71/Euratom.

Regulatory activities

1. Regulatory compliance Batteries shall meet the sustainability and safety requirements laid down in Articles 6-10 and 12, and the labelling and information requirements laid down in Chapter III. For any aspects not covered by Chapters II and III, batteries placed on the market or put into service shall not present a risk to human health, to the safety of persons, to property, or to the environment (Article 5). Compliance may be demonstrated through harmonized EN standards (Article 15), common specifications (Article 16), conformity assessment procedure (Article 17 and Annex VIII), EU Declaration of conformity (Article 18 and Annex IX), and CE-marking (Article 20). Restrictions of substances (Article 6): Batteries shall not contain substances from Annex I (mercury, cadmium, lead). Potentially, other substances of concern, namely substances having an adverse effect on human health or the environment or hampering recycling for safe and high-quality secondary raw materials, present in batteries or used in their manufacture, may also be restricted in Annex I in the future. Carbon footprint (Article 7): Certain batteries shall be accompanied by a carbon footprint declaration and carbon footprint label indicating the relevant carbon footprint performance class. Recycled content (Article 8): Certain batteries shall be accompanied by documentation containing information about compliance with the minimum required percentage share of waste-recovered cobalt, lithium or nickel. Performance and durability (Articles 9 and 10): Certain batteries shall meet the minimum values for the electrochemical performance and durability parameters set out in Annex III or IV. 2. Labelling, marking, and information requirements (Articles 13 and 14) Batteries shall bear: - label containing the general information on batteries set out in Annex VI, Part A (for example, manufacturer, weight, capacity, presence of other hazardous substances, presence of critical raw materials above 0,1 %); - symbol for separate collection of batteries (‘separate collection symbol’); - chemical symbol Cd or Pb if they contain more than 0,002 % cadmium or more than 0,004 % lead; and - QR code as described in Annex VI, Part C. Certain batteries shall also provide information on: - their capacity, minimum average duration, ‘non-rechargeable’ indication; and - state of health and expected lifetime of batteries as set out in Annex VII. 3. Battery passport (Articles 77-78) Certain batteries shall have an electronic record (‘battery passport’) containing the information set out in Annex XIII. 4. Due diligence requirements (Articles 48-53) Certain operators (based on their annual turnover) are required to: - adopt a battery due diligence policy, including such for raw materials (from Annex X, point 1); and - implement a strategy to identify, assess and mitigate risks (from Annex X, point 2). 5. Registration obligations (Article 55) Producers shall only make available batteries, including those incorporated in appliances, light means of transport or other vehicles, on the market of a Member State, if they (or their authorised representatives for extended producer responsibility) are registered in a national register of producers. 6. Extended producer responsibility, collection and treatment of waste batteries (Articles 56-76) Producers shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State. Producers (or producer responsibility organisations) shall: - ensure separate collection; - organise take-back and collection system; - attain, and maintain durably, collection targets for certain waste batteries (as set out in Annex XI); - provide end-users and distributors with information regarding the prevention and management of waste batterie; and - report annually information regarding portable and LMT batteries.

Relevant product types

This Regulation applies to all categories of batteries, namely: 1. portable batteries; 2. starting, lighting, and ignition batteries (SLI batteries); 3. light means of transport batteries (LMT batteries); 4. electric vehicle batteries; and 5. industrial batteries.

Reference documents

Yes Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) Commission Regulation (EU) No 493/2012 of 11 June 2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services Commission Implementing Regulation (EU) 2022/1267 of 20 July 2022 specifying the procedures for the designation of Union testing facilities for the purposes of market surveillance and verification of product compliance in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council

Obligations based on CLP hazard class

Yes For labelling, information on the presence of hazardous substances (other than mercury, cadmium and lead) shall be provided. For this purpose, a hazardous substance means ‘a substance classified as hazardous pursuant to Article 3 of Regulation (EC) No 1272/2008)’ (i.e., a substance fulfilling the criteria relating to physical hazards, health hazards or environmental hazards, laid down in Regulation (EC) No 1272/2008, Annex I, Parts 2 to 5).

Obligations based on properties of concerns

Yes With a view to further restrictions on substances present in batteries or used in their manufacturing, it is appropriate to carry out a mapping of substances of concern, defined in the Chemicals Strategy for Sustainability as substances having a chronic effect for human health or the environment, such as substances in the candidate list for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 and in Annex VI to Regulation (EC) No 1272/2008, but also those which hamper recycling for safe and high quality secondary raw materials, in the context of the substance evaluation planned in the REACH Evaluation Joint Action Plan. (Recital 22) By 31 December 2027, the Commission, assisted by ECHA, shall prepare a report on substances of concern, namely substances having an adverse effect on human health or the environment or hampering recycling for safe and high quality secondary raw materials, present in batteries or used in their manufacture. (Article 6(5))

EU-level occupational exposure limits

Not applicable

EU-level emission limit values

Yes Certain batteries shall be accompanied by a carbon footprint declaration and carbon footprint label indicating the relevant carbon footprint performance class, to indicate the ‘sum of greenhouse gas emissions and greenhouse gas removals in a product system, expressed as carbon dioxide equivalents’. (Article 17 and Annex II)

Substance-centric data source(s) at the EU level

Not applicable

Industry submission system in place

Not applicable

Format for industry submission

Not applicable

Owner

DG Environment; ECHA; CENELEC

Update process

Article 15 (Use of harmonised standards): regarding European harmonised standards (EN standards), the European Electrotechnical Committee for Standardization (CENELEC) is the responsible organisation. Article 16 (Common Specifications): the European Commission may adopt implementing acts laying down common specifications for the sustainability and safety requirements, or tests referred to in Article 15(1). Articles 86-88 (Restriction procedure for substances in Annex I): The European Commission shall request ECHA to prepare a REACH Restriction dossier, or an EU Member State shall notify ECHA that it proposes to prepare a restriction dossier. ECHA shall: 1/ publish the European Commission’s or the Member state’s intention; 2/ maintain a list of substances for which a restriction dossier is planned or in progress; 3/ make publicly available the restriction dossier; 4/organize a public consultation. ECHA’s RAC and SEAC opinions are to be adopted within 12 and 15 months of the publication of the restriction dossier. The European Commission shall then adopt a delegated act, within nine months, to amend the restrictions in Annex I. Delegated acts (Article 89): For certain aspects, the European Commission may adopt additional requirements through delegated acts (for example, carbon footprint calculation and declaration, calculation of the recycled content of cobalt, lithium or nickel, electrochemical performance and durability, exemptions from the removability and replaceability requirements, labelling through alternative smart labels, state of health and lifetime, list of raw materials and risk categories for due diligence requirements, and others).

Amendments

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