EU Batteries Regulation Published

EU Batteries Regulation Published

Published on 28 July 2023, the Batteries Regulation adopts new rules for the design, manufacture, and recycling of all types of batteries circulating in the EU.

The new rules cover the entire life cycle of batteries, from design to end-of-life. Key features include the “Battery Passport” and the carbon footprint declaration which will lead to greater levels of transparency.

Further measures aim at increasing the circularity of batteries by defining collection, recovery, or recycled content targets which will become increasingly strict over the next decade.

Dual Legal Base

The current Batteries Directive 2006/66/EC required transposition by each Member State.

The Batteries Regulations 2023/1542/EU create one legal instrument across all EU Member States – but with the possibility for local exceptions to be made in relation to the management of waste batteries (Chapter VIII).

Key Dates

The Batteries Regulation repeals the Batteries Directive with effect from 18 August 2025 (article 95 lists some exceptions).

It enters into force on the twentieth day following that of its publication in the Official Journal (28.7.2023) and applies from 18 February 2024.

The provisions with regard to the management of waste batteries (Chapter VIII) apply from 18 August 2025.  Other provisions apply from a range of different dates.

New Categories of Batteries

Reflecting the rapid development and deployment of new technologies and applications, the current 3 categories of batteries (Portable, Industrial, Automotive) are increased to five:

• Portable
• Industrial
• Light Means of Transport (LMT)
• Electric Vehicle (EV)
• Starting, lighting and ignition (SLI)

Sustainability Requirements

There are significant new requirements, including:

Sustainability Requirements

• Substance Restrictions (Article 6 - in addition to REACH Regulation and EoL Vehicles Directive)
• Carbon Footprint Declarations (Article 7)
• Carbon Footprint Labelling (Article 7)
• Recycled Content Documentation (Article 8)
• Recycled Content Targets
• Performance and Durability Requirements (Articles 9-10)
• Removability and Replaceability (Article 11)

Labelling and Information Requirements, including:

• Labelling (Article 13)
• Battery Management System (Article 14)
• Information on Prevention and Management of Waste Batteries (Article 74)

There are also Conformity requirements (Articles 15-17), Manufacturer Obligations (Articles 18-20, 38, 44) and a Digital Battery Passport (Article 77).

Management of Waste Batteries

Producers of Batteries will have Extended Producer Responsibility (EPR) for batteries they place on the market.

This requires financial contributions to the costs of:

• Separate collection of waste batteries and their subsequent transport and treatment;
• Carrying out compositional surveys of collected mixed municipal waste;
• Providing information on prevention and management of waste batteries; and
• Data gathering and reporting.

This is generally achieved by joining a Producer Responsibility Organisation (PRO) – typically known as a Compliance Scheme who discharge this requirement efficiently for multiple producers.

Collection Targets

For Portable and LMT Batteries Articles 59 & 60 set collection targets for Producers to meet:

Battery type	Collection target
Portable batteries	45 % by 31 December 2023
	63 % by 31 December 2027
	73% by 31 December 2030
LMT batteries	51% by 31 December 2028
	61% by 31 December 2031

Targets are not set for other types of batteries – but Article 61 sets out EPR obligations for Producers for Industrial, EV and SLI batteries.

Recycling Targets

For all types of batteries Article 71 sets targets for:

Recycling efficiency

Battery material	31 December 2025	31 December 2030
lead-acid	75 %	80 %
lithium-based	65 %	70 %
nickel-cadmium	80 %
other	50 %

Recovery of materials

Material	31 December 2027	31 December 2031
Cobalt	90 %	95 %
Copper	90 %	95 %
Lead	90 %	95 %
Lithium	50 %	80 %
Nickel	90 %	95 %

Distributor Obligations

Distributors, including distance sellers, are required to provide information on take back of waste batteries and to take back batteries from end-users free of charge. (Articles 62, 74).

How can ERP help

Part of the Landbell Group, ERP are Extended Producer Responsibility experts:

• Tracking the Regulations at Global, European and national levels;
• Helping Producers understand and comply with Battery and other EPR Regulations;
• Simplifying compliance though our services and support.

For EPR, think ERP

Want to know more?

Read the Regulations

The text of the Regulation can be found in multiple languages here

Track Regulations 

Landbell Group offer Regulatory Tracking Services Regulatory Tracking Services

Need battery compliance?

ERP’s website provides access to all the territories (see countries) where we operate schemes

Our C-Global service can assess your requirements across multiple countries and put registrations in place where you need them. Find out more here

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Author John Redmayne, Managing Director, ERP UK