Battery Regulation (EU) 2023/1542
Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries — the "Battery Regulation" — repealed and replaced Directive 2006/66/EC. It applies progressively from 18 February 2024, with key provisions for CE marking, performance and durability, carbon footprint, recycled content, removability, and the Battery Passport phasing in between 2024 and 2027. Published as OJ L 191, 28.7.2023, p. 1. The Regulation is the most extensive overhaul of EU battery legislation since the original 1991 Directive and substantially raises both placing-on-market and end-of-life requirements.
Legal status and timeline
- Adoption: 12 July 2023.
- Entry into force: 17 August 2023.
- General date of application: 18 February 2024.
- CE marking and conformity assessment provisions: 18 August 2024.
- Performance and durability information for rechargeable industrial (>2 kWh), LMT and EV batteries (Article 10): 18 August 2024.
- Carbon footprint declaration for electric vehicle batteries: 18 February 2025 or 12 months after the Commission's calculation and verification acts enter into force, whichever is later (later dates for other battery categories and for the performance classes and maximum thresholds).
- Battery Passport: 18 February 2027 for LMT, industrial >2 kWh, and EV batteries.
- Removability and replaceability of portable batteries (Article 11): 18 February 2027.
- Recycled content requirements for industrial, EV, and SLI batteries (Article 8): 18 August 2028 and onwards.
- Repeal of Directive 2006/66/EC: 18 August 2025.
- Status in October 2026: applies progressively; CE marking, conformity assessment, the separate collection symbol and the end-of-life provisions (Chapter VIII) apply.
Scope: products covered
Article 1 applies to all batteries placed on the EU market or put into service, regardless of their shape, volume, weight, design, material composition, chemistry, use, or purpose. Article 3 distinguishes five battery categories:
- Portable battery — sealed; weighs 5 kg or less; not designed for industrial use; not an electric vehicle, light means of transport (LMT), or SLI (starting, lighting, ignition) battery.
- Light means of transport (LMT) battery — sealed; weighs 25 kg or less; designed to provide electric power to wheeled vehicles that can be propelled by an electric motor (e-bikes, e-scooters).
- Starting, lighting, ignition (SLI) battery — designed to supply electric power for starter, lighting, or ignition.
- Industrial battery — battery designed for industrial use, with the exception of any battery that falls into another category.
- Electric vehicle (EV) battery — battery specifically designed to provide traction to hybrid or electric vehicles for road transport.
Sustainability and safety requirements
Chapter II of the Regulation introduces sustainability, safety, and labelling requirements:
- Article 6 — Restrictions of substances. Batteries must not contain substances restricted in Annex I: mercury above 0.0005% by weight (all batteries), cadmium above 0.002% (portable batteries) and, from 18 August 2024, lead above 0.01% (portable batteries; portable zinc-air button cells until 18 August 2028).
- Article 7 — Carbon footprint. EV, LMT, and industrial >2 kWh batteries must have a carbon footprint declaration covering the full life cycle. Performance classes (Article 7(2)) and maximum carbon footprint thresholds (Article 7(3)) phase in from 2025 to 2028.
- Article 8 — Recycled content. EV, LMT, industrial, and SLI batteries must contain minimum amounts of recycled cobalt, lithium, nickel, and lead. The thresholds increase over time (e.g., for cobalt: 16% from 18 August 2031, rising to 26% from 18 August 2036).
- Article 9 — Performance and durability requirements. Minimum performance for portable batteries of general use, excluding button cells, from 18 August 2028 or 24 months after the Commission's delegated act, whichever is later.
- Article 10 — Performance and durability for rechargeable industrial, LMT, and EV batteries.
- Article 11 — Removability and replaceability of portable batteries. Manufacturers must design products so that portable batteries are readily removable and replaceable by the end user; this applies from 18 February 2027.
- Article 12 — Safety of stationary battery energy storage systems — including fire safety.
Conformity assessment
Article 17 and Annex VIII provide modules:
- Module A — Internal production control (Annex VIII, Part A) — available for the requirements of Articles 6, 9, 10, 12, 13 and 14.
- Module D1 — Quality assurance of the production process (Part B), for batteries manufactured in series, or Module G — Conformity based on unit verification (Part C), for batteries not manufactured in series — alternatives to Module A for those requirements, and mandatory for the carbon footprint (Article 7) and recycled content (Article 8) requirements (Article 17(2), applicable 12 months after the first publication of the list of notified bodies).
Where third-party assessment is required, a Notified Body designated under the Regulation is involved. The four-digit identification number appears next to the CE marking.
Technical documentation
Annex VIII Module-specific provisions set the contents. The technical file includes: battery description and category; design and manufacturing information; carbon footprint and recycled content documentation; performance and durability test reports; safety assessment; restricted substances analysis; conformity assessment certificates; instructions for safe handling. Retention: 10 years (Article 38(4)). See technical documentation.
EU Declaration of Conformity
Article 18 and Annex IX. See EU Declaration of Conformity.
Marking, labelling, and Battery Passport
Article 13 and Annex VI require labelling on each battery:
- From 18 August 2025 — the separate collection symbol (crossed-out wheeled bin), with the chemical symbol Cd or Pb beneath it where the battery contains more than 0.002% cadmium or 0.004% lead;
- From 18 August 2026, or 18 months after the Commission's labelling implementing act enters into force if later — a label with the general information in Annex VI, Part A (including the chemistry), capacity information for rechargeable portable, LMT and SLI batteries, and minimum average duration and a ‘non-rechargeable’ label for non-rechargeable portable batteries;
- From 18 February 2027 — a QR code giving access to the Battery Passport (LMT, industrial >2 kWh and EV batteries) or, for other batteries, to the required product information and the Declaration of Conformity.
The CE marking is required (Articles 19 and 20) for the categories of batteries where CE marking provisions apply — i.e., from 18 August 2024 for batteries placed on the market. The Notified Body identification number appears where a Notified Body has been involved.
Battery Passport (Article 77)
From 18 February 2027, each LMT, industrial >2 kWh, and EV battery placed on the market or put into service must have an individual Battery Passport accessible via a QR code on the battery. The Battery Passport contains performance, durability, chemical composition, repair, repurposing, and recycling information, with tiered access for different stakeholders (manufacturers, repairers, recyclers, market surveillance authorities, end-users). See Digital Product Passport.
Producer responsibility for waste batteries
Chapter VIII (Articles 54–76) imposes extended producer responsibility (EPR) obligations on producers placing batteries on the EU market: registration with a national producer registry, financing of collection and recycling, collection rate targets for portable batteries (63% by 31 December 2027, 73% by 31 December 2030), recycling efficiency targets per chemistry, and waste battery recovery targets. The provisions on waste batteries are outside the CE marking framework but apply to the same economic operators.
Recent and upcoming changes
- Commission Implementing Regulations are being adopted in 2025–2027 to specify carbon footprint calculation rules, recycled content verification methodologies, Battery Passport technical architecture, and labelling specifications.
- The Commission's review of the Regulation in the period 2028–2030 will consider further phasing-in of recycled content targets.
Related legislation
- Ecodesign Regulation 2024/1781 — applies in parallel for battery-containing products subject to delegated regulations.
- RoHS Directive 2011/65/EU — restrictions on hazardous substances in EEE that contain batteries.
- Medical Devices Regulation 2017/745 — for batteries integrated in medical devices.
- Radio Equipment Directive 2014/53/EU — for batteries integrated in radio equipment.
- Recreational Craft Directive 2013/53/EU — for batteries used in electric/hybrid recreational craft.
- Regulation (EU) 2018/858 on motor vehicle type approval — for EV batteries integrated in vehicles (the vehicle is type-approved; the battery has additional Battery Regulation obligations).
- Regulation (EU) 2024/1252 on critical raw materials — recycled content and supply chain due diligence requirements overlap.
Common errors
- Missing labelling provisions phased in 2025–2026. Each labelling deadline must be met; partial labelling is non-compliance.
- Failure to register with national EPR scheme. Producer registration is a prerequisite for placing batteries on the market in each Member State.
- Confusing portable battery removability with consumer-replaceability. Article 11 applies to portable batteries integrated in products and requires design that allows end-user replacement (with the derogations set out in Article 11(2) and (3)).
- Underestimating carbon footprint declaration complexity. The carbon footprint calculation requires detailed life-cycle analysis under Commission methodology; declared values are subject to verification.
- Missing Notified Body assessment where required. Conformity with the carbon footprint (Article 7) and recycled content (Article 8) requirements, which concern EV, LMT, industrial and (for recycled content) SLI batteries, must be assessed under Module D1 or G, both involving a Notified Body.
Sources
- Regulation (EU) 2023/1542 (Batteries) — EUR-Lex consolidated text.
- Directive 2006/66/EC (predecessor) — EUR-Lex.
- European Commission — Batteries (DG ENV).
- Commission Implementing Regulations on carbon footprint, Battery Passport, and labelling — published in the OJEU 2024–2027.
- Commission Notice — Blue Guide 2022 — EUR-Lex.