Regulation (EU) 2023/1542 is the legislative framework for all batteries placed on the EU market, whether incorporated to a product or not. The Regulation gradually phases out the 2006 Directive, with the first provisions applying from 18 February 2024. During 2025, new obligations become mandatory.
The new Regulation repeals Directive 2006/66/EC as of 18 August 2025. However, certain obligations under the Directive will remain in force beyond this date to ensure continuity. Looking at this year, the transmission of data on collection rate of portable batteries to the Commission should remain in force until 30 June 2025, whereas the obligations related to monitoring and reporting the recycling efficiencies of recycling processes will remain valid until 31 December 2025.
Carbon footprint requirements
According to Article 7, batteries must comply with requirements related to carbon footprints. The Regulation defines carbon footprint as “the sum of greenhouse gas emissions and greenhouse gas removals in a product system, expressed as carbon dioxide equivalents and based on a Product Environmental Footprint (PEF) study using the single impact category of climate change”.
A carbon footprint declaration is required for each battery model for every manufacturing plant of the following batteries:
- Electric vehicle batteries: 18 February 2025 (or 12 months after the date of entry into force either of the delegated act or of the implementing act)
- Rechargeable industrial batteries with a capacity exceeding 2 kWh: 18 February 2026 (or 18 months after the date of entry into force either of the delegated act or of the implementing act)
- LMT batteries: 18 August 2028 (or 18 months after the date of entry into force either of the delegated act or of the implementing act)
- Rechargeable industrial batteries with external storage: 18 August 2030 (or 18 months after the date of entry into force either of the delegated act or of the implementing act)
These batteries must bear labels indicating the battery’s carbon footprint and declaring the carbon footprint performance class. However, the carbon footprint performance class requirement will start applying from 2026, depending of the battery’s category.
We can expect the European Commission to adapt delegated and implementing acts to set out the format and calculation method for rechargeable industrial batteries by 18 February 2025.
Supply chain due diligence
The EU Battery Regulation imposes battery due diligence obligations on economic operators. These obligations apply from 18 August 2025 and do not apply to “economic operators that had a net turnover of less than EUR 40 million in the financial year preceding the last financial year, and that are not part of a group, consisting of parent and subsidiary undertakings, which, on a consolidated basis, exceeds the limit of EUR 40 million” (Article 47).
Battery due diligence refers to the responsibilities to manage risks, third-party assessments, and share information in order to identify, prevent, and address social and environmental risks tied to obtaining and handling raw materials for battery production. It also requires setting up battery due diligence policies and some economic operators should have them verified by a notified body.
We expect the European Commission to publish guidelines by 18 February 2025 to further explain some of the above obligations.
Specifically, due diligence is required for:
- Suppliers of cobalt, natural graphite, lithium, nickel
- Respect for human rights, environmental considerations, health and safety.
Enforcement of waste battery management
Battery waste management obligations are applicable from 18 August 2025. Among others, from this date:
- Producers need to register in each Member State in which they place batteries on the market for the first time. The registration is granted upon submission of an application in a “Register of producers”, established by the Member States.
- Producers are subject to the extended producer responsibility (EPR) and related obligations set out in Article 57. Producers can appoint a producer responsibility organisation to fulfill these obligations.
- Producers must provide end-users and distributors with information on the prevention and management of battery waste.
- Distributors are subject to the “take-back” obligation.
- When preparing for re-using or re-purposing, operators must verify the state of health of the batteries. This provision applies to waste LMT batteries, waste industrial batteries, and waste electric vehicle batteries.
- All batteries shall be marked with the symbol for separate collection:
By August 2025, the European Commission should adopt implementing acts concerning the format for the data and information to be reported to the Commission as well as assessment methods and operational conditions related to collection and treatment of waste batteries.
Lastly, by August 2025 Member States should lay down rules on penalties applicable to infringements to the Battery Regulation and related measures.
Do you have questions on compliance of batteries in the European Union?
Contact us (prodlaw@obelis.net) or submit your questions here.
References:
Corepile (2024). Summary of the new European Battery Regulation for Producers. Retrieved on 02/01/2025.
EUR-Lex (2023). 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. Retrieved on 02/01/2025.
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