The European Union aims at becoming the first climate-neutral continent by 2050, starting with a significant emissions reduction by 2030. To achieve this, the EU has developed various policy initiatives, grouped under the European Green Deal, to lead Member States on the path to a green transition and a more sustainable market. In this context, the new Batteries Regulation plays a crucial role in enhancing economic circularity and product sustainability.
Timelines towards new battery rules
The European Commission published the final text of Batteries and Waste Batteries Regulation (EU) 2023/1542 in July 2023. The new rules apply all types of batteries, including batteries incorporated into or added to products as well as battery cells or battery modules for end use (without any further incorporation or assembly into larger battery packs or batteries). The Regulation’s scope excludes batteries used in equipment for military and security purposes and equipment to be sent to space.
The application date is February 2024, with different exceptions and implementation timelines. An important deadline is approaching this month, on 18 August 2024.
August 2024: documentation, durability, CE marking
Some of the provisions applying from 18 August 2024 include:
- Economic operators have to comply with the respective obligations set out in Chapter VI, which covers:
- Manufacturers and importers that place a battery on the market or put it into service (including for the manufacturers’ own purposes);
- Distributors making available a battery on the market;
- Authorised representatives mandated by the manufacturer;
- Fulfillment service providers that handle batteries during warehousing, dispatching, etc.,
- Suppliers providing battery cells and battery modules to a manufacturer;
- Entities that place on the market batteries that are subject to preparation for re-use, preparation for repurposing, repurposing or re-manufacturing.
- Manufacturers have to affix the CE marking to batteries before placing them on the market according to the new conformity assessment procedures.
- Rechargeable industrial batteries with a capacity greater than 2 kWh, LMT batteries, and electric vehicle batteries have to be accompanied by a document containing values for the electrochemical performance and durability parameters (Article 10).
- Stationary battery energy storage systems have to comply with safety parameters (Article 12, Annex V).
- Battery management system of stationary battery energy storage systems, LMT batteries and electric vehicle batteries has to include up-to-date data for the parameters for determining the state of health and expected lifetime of batteries (Article 14).
- Portable batteries, whether or not incorporated into appliances, shall not contain more than 0,01 % of lead (expressed as lead metal) by weight. This restriction does not cover portable zinc-air button cells for which the deadline is set for 18 August 2028.
Transition from Directive to Regulation
The previous Directive (Directive 2006/66/EC) is repealed as of 18 August 2025. However, some provisions of the previous Directive will continue to apply as transitional rules:
- Article 11 until 18 February 2027 on removal of waste batteries and accumulators.
- Article 12(4) on recycling efficiencies and Article 12(5) on recycling levels achieved until 31 December 2025, except as regards the provision concerning transmission of data to the Commission which will apply until 30 June 2027.
- Article 21(2) until 18 August 2026 on capacity of all portable and automotive batteries and accumulators to display on labels.
Compliance with Batteries Regulation and product legislation
Products including batteries have to comply with the applicable product legislation and the Batteries Regulation, be subject to the corresponding conformity assessments, and compile one Declaration of Conformity. In addition to batteries, the European Union has been introducing strict rules on product sustainability, such as the Regulation on ecodesign requirements for sustainable products.
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