What You Need to Know About The New EU Battery Regulation:
In July 2023, the new EU Battery Regulation (Regulation 2023/1542) was adopted by the EU and came into force in August 2023. The regulation aims to make batteries sustainable throughout their entire life cycle; from the sourcing of materials to their collection, recycling and repurposing.
The new regulation will replace the Battery Directive 2006/66/EC that regulates the sustainability of batteries in the EU today. The Battery Directive will exist alongside the new Regulation until it is repealed in August 2025.
When the new regulation came into force there was initially no change compared to the previous Battery Directive. However, over a planned time frame additional obligations and requirements are to be introduced. The regulation consists of six parts that affect different stakeholders in the battery supply chain.
1. CE Conformity Assessment of batteries
Requirements associated with a new CE conformity assessment of batteries are introduced in the Regulation. This means that all batteries, regardless of whether they are used in a product or supplied separately, need to be CE marked according to this regulation.
Generally, it is the battery manufacturer’s obligation to take care of the CE conformity assessment. The battery manufacturer needs to consider different requirements depending on how the battery will be used.
The scope of the regulation defines five battery categories, batteries are categorised depending on how their intended use:
- Portable batteries;
- Light Means of Transport (LMT) batteries (e.g. E-scooter/E-bikes);
- Starting, Lighting and Ignition (SLI) batteries;
- Industrial batteries;
- Electric Vehicle (EV) batteries.
The CE conformity assessment is a self-certification process for portable batteries and industrial batteries with a capacity of less than 2 kWh. For all other batteries, a Notified Body will need to be involved when the regulation is in full effect.
Manufacturers should begin to consider their Notified Body to be used for the required Conformity Assessment process, as accredited Notified Bodies are expected to get a large influx of enquires from now and into 2025.
2. Battery Passport
The regulation introduces requirements for an individual electronic battery passport for each industrial battery (with a capacity of more than 2 kWh), EV battery and LMT battery. The electronic passport should include, but is not limited to, the general information about the battery (e.g., indication of the battery manufacturer and geographical location of the battery manufacturing facility) and the technical data sheet for the battery.
The aim with the battery passport is to enhance transparency along the supply chains for all stakeholders and to aid the exchange of information regarding each battery. The electronic passport shall be accessible through a QR-code located on the battery itself. The battery manufacturer is responsibility for producing and supplying the battery passport.
The battery passport requirements will start to apply from 18 February 2027.
3. Supply chain due diligence obligations
Supply chain due diligence for companies that first make batteries available on the market (i.e. the battery manufacturer or importer) is introduced in the regulations if the active material in the battery contains cobalt, natural graphite, lithium, or nickel.
It is required that the company should:
- Adopt and communicate a company due diligence policy for batteries;
- Establish strong company management systems (to support the due diligence policy);
- Identify and assess risks in the upstream supply chain; Design and implement a strategy to respond to risks which have been identified.
The regulation requires a verification of the due diligence policies and how they are implemented in the management system by a third-party Notified Body.
4. Extended producer responsibility and registration
Extended producer responsibility for batteries and registration obligations already exists in the current battery Directive. Extended producer responsibility means that companies that first make batteries available on the market in a member state are responsible for the end-of-life collection and treatment of the batteries in that member state. In the new regulation, new updated targets for collection rates and recycling efficiencies are to be introduced.
5. Material recovery targets
The regulation introduces targets for the material recovery of cobalt, copper, lead, lithium and nickel from the recycling and treatment facilities of batteries.
6. Replace-ability of batteries
The regulation introduces requirements in relation to the replacement of batteries, requiring portable batteries to be easily removable and replaceable by the end-user, and LMT batteries and cells in LMT batteries should be easily removable and replaceable by an independent professional.