The new EU Battery Regulation, Regulation 2023/1542, introduces significant changes and requirements aimed at enhancing the sustainability and safety of batteries and battery-operated products. Here are some key points regarding the changes and new provisions:
The durability and safety requirements in Chapter II of the Battery Regulation form the regulatory heart of the new Regulation and introduce, in addition to the raw material restrictions already described in the current Battery Directive, completely new regulatory requirements for
The European Commission has published the approved Battery Regulation that will come into effect on February 18, 2024, of which the EPR (extended producer responsibility) part or the future take-back rules will come into effect on August 18, 2025.
You provide information about the battery performance & durability parameters (the values of these parameters are set by a delegated act in Appendix IV Part A, 30 and 42 months a˜er entry into force of the Regulation). Batteries for Energy Storage System (ESS) must meet the set safety parameters. Batteries must be accompanied by a document
The Batteries Regulation is the first European legislation that considers the full life cycle of batteries, including sourcing, manufacturing, use, and recycling, all in a single law. This aligns with the European Green Deal''s circularity goals and promotes the sustainability of batteries throughout their life cycle.
Published: September 15, 2023 | Last updated: February 19,, 2024
On August 18, 2023, the new Regulation on batteries and waste batteries (EU) 2023/1542 ("Batteries Regulation") entered into force. The Batteries Regulation has started to became applicable on February 18, 2024, meaning that its provisions have legal effect since this day.
The Batteries Regulation is the first European legislation that considers the full life cycle of batteries, including sourcing, manufacturing, use, and recycling, all in a single law. This aligns with the European Green Deal's circularity goals and promotes the sustainability of batteries throughout their life cycle. EPBA is pleased with the outcome of the Batteries Regulation. Most of its content will aid in making batteries more sustainable throughout their life cycle. This will play a significant role in the EU's clean energy transition, the growth of a competitive industry, and energy independence from third countries.
The Batteries Regulation applies to all batteries, including portable batteries, and more specifically, portable batteries of general use. The Regulation defines a portable battery as a sealed battery that weighs up to 5 kg, is not specifically designed for industrial use, and is neither an electric vehicle battery, an LMT battery, nor an SLI battery. A portable battery of general use (PBGU) is defined as the most commonly used sizes known to the average consumer, including 4,5 Volts (3R12), button cells, D, C, AA, AAA, AAAA, A23, 9 Volts (PP3), all of which may be rechargeable and non-rechargeable (Article 3). The Batteries Regulation introduces the following new requirements for economic operators:
1. Due diligence policy
Economic operators that place batteries on the EU market (excluding SMEs) are obligated to establish and implement a due diligence policy that addresses the social and environmental impacts throughout the supply chain, from raw material extraction to disposal (Article 48). Stricter due diligence rules require operators to verify the source of raw materials used in batteries. Notified bodies may audit compliance with due diligence obligations.
2. New labeling requirements
The general information that needs to be printed on the battery label is laid down in Annex VI and must include information on the manufacturer, battery category, type and chemistry, manufacturing date, weight, information on hazardous substances and critical raw materials, capacity marking for rechargeable batteries and minimum average duration of discharge for primary batteries, crossed-out dustbin to indicate the mandatory separate collection of waste batteries and CE marking. As already required under the 2006 Batteries Directive, batteries must be marked with the crossed-out dust bin symbol.
The Regulation requires batteries containing hazardous substances such as cadmium and lead to be marked with a chemical symbol label if certain thresholds are exceeded (Cd for more than 0,002% Cadmium and Pb for more than 0,04% Lead). The use of mercury in portable batteries is no longer possible. This is done to safeguard human health and the environment, as well as to manage the presence of such substances in waste
The Commission will adopt an implementing act on the specificities of the labeling requirements no later than August 18, 2025, which will, depending on the exact date of the adoption, become applicable between August 2026, and February 2027.
The label must also include a QR code through which the user will get access to additional information such as those required under due diligence reporting, which will apply from August 18, 2027, onwards. This information includes details about the mandatory separate collection of waste batteries, the carbon footprint, and the EU Declaration of Conformity with applicable safety and sustainability requirements (Article 13).
3. Conformity assessment
From August 18, 2024, batteries are required to undergo a conformity assessment procedure (Article 17). This conformity assessment will become the prerequisite for obtaining the EU declaration of conformity (Article 18) and affixing the CE marking of conformity (Articles 19, 20, and 38(3)), both of which will also be mandatory as of August 18, 2024. These steps will demonstrate compliance with the sustainability and safety requirements laid out in Chapter II.
The general rules on how to affix the CE marking to a product, including portable batteries, are available in the Commission''s Blue Guide on the implementation of EU Product Rules 2022.
4. Removability and replaceability
Products containing portable batteries must be designed in such a way that the batteries are readily removable and replaceable by the end-user, using the necessary commercially available tools (or specialized tools if provided with the product). Instructions and safety information on removing and replacing the batteries must be made available online. Exceptions are in place for electric devices meant to operate in an environment subject to water, certain medical devices, products for which the continuity of power supply and permanent connection between the product and battery is required for safety, and products whose main function is to collect and supply data (to ensure data security).
5. Performance and durability requirements
The regulation foresees the development of the performance and durability requirements for portable batteries of general use (Article 9 and Annex III). These standards are a practical means of improving the overall quality, sustainability, and safety of portable batteries sold in the EU. However, the Regulation does not foresee the lifecycle assessments of portable batteries before at least 2030.
6. End-of-life management
EPBA contributed its expertise during the legislative discussions of Batteries Regulation and will continue doing so in the drafting of secondary legislation but also in the long term. Our aim is to contribute to the development of an efficient legal framework for a sustainable and competitive European portable battery sector.
Below please find an overview of the following legislation:
Decree on the sustainable management of material cycles and waste.
Decision of the Flemish Government establishing the Flemish regulation on the sustainable management of material cycles and waste.
Environmental policy agreement on the take-back obligation for discarded portable and industrial batteries and accumulators.
Order of the Walloon Government introducing an obligation to take back certain waste materials.
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