10/10/2023

New Regulation of the European Parliament and of the Council on batteries and waste batteries

The EU rules of 12 July 2023 introduce regulations for the entire battery life cycle, promoting the circular economy.

On July 12 of this year, regulations were adopted establishing regulations for the entire life cycle of batteries: from design to end of life. The result will be a circular economy (GOZ) for the EU battery sector. The new regulation aims to establish uniform rules in the EU market and reduce the impact of batteries on the environment and society throughout the battery life cycle.

The Council and the European Parliament adopted Regulation 2023/1542 of 12 July 2023 on batteries and spent batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC. The current regulations of the European Union (EU) have only covered the phase of decommissioning batteries. The current legislation focuses in particular on the management of used batteries.

The new rules, by establishing uniform rules across the EU, will improve the functioning of the EU internal market for batteries and ensure fairer competition through safety and labelling requirements for batteries

— says Minister of Development and Technology Waldemar Buda.

The rules will, in principle, apply to all batteries (including all used portable batteries, industrial batteries, batteries for electric vehicles and cars and machines) and batteries used in light means of transport (e.g. electric bicycles, mopeds and scooters — light means of transport, the so-called LMT).

What has changed

In particular, the Regulation shall:

  • It introduces requirements for the calculation of the carbon footprint of batteries and the provision of information in this respect, in particular through the digital battery passport.
  • Sets existing manufacturers' targets for the collection of used portable batteries (63% by the end of 2027 and 73% by the end of 2030) and introduces a specific target for the collection of used batteries from light transport (51% by the end of 2028 and 61% by the end of 2031);
  • It sets a target for the recovery of lithium at 50% by the end of 2027 and 80% by the end of 2031 (these values can be changed by means of delegated acts depending on market and technological progress and the availability of this raw material).
  • It sets mandatory minimum levels for recycled materials in industrial batteries and vehicle and machinery batteries. Initial target levels are 16% cobalt, 85% lead, 6% lithium and 6% nickel. Batteries will need to have documentation certifying the content of recycled materials. By the end of 2025, recycling efficiency is expected to be 80% for nickel-cadmium batteries and 50% for other used batteries.
  • It introduces due diligence requirements for operators (this obligation will not apply to small and medium-sized enterprises). The Regulation establishes criteria for performance, durability and safety, strict restrictions on hazardous substances (mercury, cadmium and lead).
  • It introduces information requirements and labelling requirements for batteries, including for battery components and recycled content, as well as the digital battery passport and the use of a QR code (labelling requirements will come into force in 2026 at the latest and the use of QR codes in 2027).

The Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. The majority of the rules will apply from 18 February 2024, with Chapter VIII on the management of spent batteries applying from 18 August 2025.

The Battery Regulation is binding in its entirety and directly applicable in all EU Member States. The regulation was published in Official Journal EU of 28 July this year (L 191, p. 1).

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