EU Battery Regulation – an overview

The Battery Regulation is a central legal regulation that governs the handling of batteries in the European Union. The regulation ensures that batteries are disposed of and recycled in an environmentally friendly manner, and sets requirements for manufacturers to minimise environmental pollution.

On 12 July 2023, the new Battery Regulation was adopted, published in the Official Journal of the European Union on 28 July 2023 and entered into force on 17 August 2023. This regulation amends Directive 2008/98/EC and Regulation (EU) 2019/102 and replaces the previous European Battery Directive 2006/66/EC and the Battery Act (BattG).

The Battery Regulation (EU) 2023/1542 is intended to establish harmonised standards across Europe for sustainability, performance, safety, collection, recycling and the further use of batteries, as well as for information on batteries for end-users and economic operators, and this for the entire life cycle of batteries. The regulation aims to reduce the environmental impact of batteries while improving the traceability and recycling of waste batteries. It ensures that economic operators fulfil their sustainability and safety obligations, as well as labelling and information requirements.

Like the Battery Act, the Battery Regulation covers all types of batteries, regardless of whether they are built into other products or supplied with them. The ordinance applies to a wide range of batteries to ensure comprehensive regulation and environmental protection. The ordinance applies to these different types:

• Device batteries: These include conventional household batteries used in everyday appliances.
• Batteries for light vehicles (LV battery): These batteries are used in light vehicles such as e-bikes and e-scooters.
• Electric vehicle batteries: Batteries for electric cars and other electric vehicles are also covered by the regulation.
• Starter batteries: These batteries, which are used in vehicles to start the engine, are also affected.
• Industrial batteries: Batteries used in industrial applications are also subject to the provisions of the regulation.

The only batteries excluded from the regulation are those specially designed for military or aerospace applications.

The EU Battery Regulation brings significant changes for producers, importers, exporters and distributors in the battery industry. However, different obligations are set for the respective companies. This new regulation sets higher requirements for the take-back, recycling and documentation of batteries. It is crucial to adapt quickly to the new rules in order to comply with legal requirements and avoid possible legal risks.

Key changes in the Battery Regulation: The regulation introduces comprehensive new rules, particularly regarding environmental responsibility and transparency. Companies must adapt their processes to meet the expanded requirements for battery take-back and recycling. This affects all phases of the product life cycle, from manufacturing and distribution to disposal.

The new EU Battery Regulation has far-reaching consequences for all players in the battery industry, including manufacturers, exporters, importers and distributors who sell batteries on the European market. Companies that distribute batteries in the EU are obliged to comply with the requirements of the Battery Regulation. These requirements are divided into different categories, namely sustainability and safety requirements, and labelling and information requirements. These include:

• Sustainability and safety requirements: A key objective of the Battery Regulation is to design and manufacture batteries in a way that optimises their performance, durability and safety, and reduces their environmental footprint. To this end, the regulation defines substance restrictions, provisions on carbon footprint and recycled content, as well as requirements for performance and durability, removability and replaceability, and safety.
• Labelling and information requirements: The requirements are designed to ensure that end-users receive transparent, reliable and clear information about batteries. Batteries must therefore be labelled with the capacity, useful life or the words ‘non-rechargeable’, as well as a QR code that provides further information
• Obligations of each economic operator: In principle, each economic operator at the respective point in the supply chain must ensure that the sustainability, safety, labelling and information requirements are met. There are also corresponding provisions for the obligated economic operators. For example, manufacturers are obliged to design, manufacture and label batteries in accordance with the specified requirements. Therefore, each economic operator should carefully determine their requirements.
• CE conformity: Batteries distributed in the EU must bear the CE mark to indicate compliance with European safety, health and environmental protection requirements. In order to place batteries on the market, they must meet the specified requirements.
• Due diligence along the supply chain: From August 2025, initial distributors of batteries with a turnover of at least €40 million per year must ensure that due diligence is carried out along the entire supply chain, in particular with regard to the traceability of the raw materials used and compliance with social and environmental standards.
• Digital battery passport: From 18 February 2027, certain batteries will require a digital battery passport. This contains information on traceability, composition and recycling potential. It will be made accessible via a QR code and will increase transparency along the supply chain.

Companies that fail to meet the requirements of the EU Battery Regulation risk heavy fines and possible market bans for their products. To counter these risks and ensure compliance, companies should take appropriate measures at an early stage and adapt their processes accordingly.

The new EU Battery Regulation ensures that the handling of batteries becomes more environmentally friendly and sustainable. Companies must rise to the challenge and redesign their operations to meet the new legal requirements.

The inclusion of information on battery performance on the battery label is essential to ensure that consumers, in particular end-users, are properly informed before purchase and in particular have a common basis for comparing different batteries.

Furthermore, the traceability of a battery throughout the supply chain ensures transparency for consumers.

The Battery Regulation plays a crucial role in protecting the environment. The rules on the collection and recycling of batteries ensure that hazardous substances in batteries are properly treated and recycled to avoid environmental pollution. The regulation promotes a circular economy by encouraging the recycling, reuse or repurposing of batteries.

Compliance with the Battery Regulation is essential for companies that sell batteries in order to avoid legal consequences and to act in an environmentally conscious manner. By correctly implementing the regulation, companies not only contribute to reducing environmental pollution, but also benefit from a positive corporate image.

The implementation of due diligence essentially involves three steps:

1. Implementation of a management system
2. Introduction of risk management based on the management system
3. Disclosure of due diligence-related information

For detailed information and support in implementing the requirements of the Battery Regulation, contact experts who can help you meet your legal obligations and improve your environmental performance with compliance advice.