Batteries and Waste Batteries Regulation

Introduction

Regulation (EU) 2023/1542 (the Batteries Regulation) is a comprehensive legislative framework that modernizes EU rules on batteries and waste batteries. It repeals the previous Directive 2006/66/EC and aims to promote a circular economy by regulating the entire life cycle of batteries—from design and material sourcing to manufacturing, usage, and end-of-life management. This Regulation is a key component of the European Green Deal and the Circular Economy Action Plan.

Main Goal

The primary objectives are to ensure that batteries placed on the EU market are sustainable, high-performing, and safe, while minimizing their environmental impact. It seeks to harmonize rules for all battery types to ensure a functioning internal market and to establish a circular economy for battery materials.

Who It Applies To

The Regulation applies to all categories of batteries placed on the market or put into service within the Union, regardless of their origin (imported or EU-made). This includes:

• Portable batteries (e.g., consumer electronics).
• SLI batteries (Starting, Lighting, and Ignition for vehicles).
• LMT batteries (Light Means of Transport, e.g., e-bikes, e-scooters).
• EV batteries (Electric Vehicle).
• Industrial batteries (including stationary energy storage).

It applies to all economic operators in the supply chain: manufacturers, importers, distributors, and fulfilment service providers.

Key Dates

• Entry into Force: 17 August 2023.
• General Application: 18 February 2024.
• Carbon Footprint Rules: Phased in starting 18 February 2025 (for EVs).
• Battery Passport: Applicable from 18 February 2027.
• Due Diligence Obligations: Applicable from 18 August 2027 (per Amendment M2).
• Removability Requirements: Applicable from 18 February 2027.

Exemptions

• Defense & Space: Does not apply to equipment connected with essential security interests, arms, munitions, war material, or equipment designed for space.
• Nuclear: Specific chapters do not apply to equipment designed for nuclear safety.
• Due Diligence: Companies with a net turnover of less than EUR 40 million (and not part of a larger group exceeding this limit) are exempt from the supply chain due diligence obligations.

Key Provisions

1. Sustainability & Safety: Restrictions on hazardous substances (mercury, cadmium, lead), carbon footprint declarations, and recycled content targets.
2. Performance & Durability: Minimum electrochemical performance and durability requirements for portable, LMT, and industrial batteries.
3. Removability & Replaceability: Portable batteries must be removable/replaceable by end-users; LMT batteries by independent professionals.
4. Labelling & Information: Requirements for labels, separate collection symbols, and QR codes linking to data.
5. Digital Battery Passport: A digital record for LMT, industrial (>2kWh), and EV batteries containing lifecycle data.
6. Supply Chain Due Diligence: Obligations to identify and mitigate social and environmental risks in sourcing raw materials (cobalt, natural graphite, lithium, nickel).
7. Extended Producer Responsibility (EPR): Producers must finance and organize the separate collection and management of waste batteries.

Obligations & Requirements

• Manufacturers/Importers: Must ensure conformity assessment, affix CE marking, maintain technical documentation, and implement due diligence policies (if above turnover threshold).
• Carbon Footprint: Mandatory declaration of carbon footprint for EV, LMT, and rechargeable industrial batteries (>2kWh).
• Recycled Content: Documentation and eventual targets for recovered cobalt, lead, lithium, and nickel in new batteries.
• End-of-Life: Producers must meet collection targets (e.g., 63% for portable batteries by end of 2027) and recycling efficiency targets.
• Distributors: Must verify compliance and take back waste batteries from end-users free of charge.

Penalties

Member States are responsible for laying down rules on penalties for infringements. These penalties must be effective, proportionate, and dissuasive. Penalties may be enforced for non-compliance with substance restrictions, labeling failures, lack of due diligence, or failure to meet EPR obligations.