On July 28, 2023, the European Union officially promulgated the Regulation on Batteries and Waste Batteries (EU) 2023/1542, which entered into force on August 17, 2023. This regulation fully replaces the 20-year-old Battery Directive 2006/66/EC, and is one of the core initiatives of the European Green Deal.

The most significant change is the upgrade from "Directive" to "Regulation": regulations are directly applicable in all EU member states without transposition into national law, ensuring uniform enforcement across the bloc. The new regulation expands from traditional environmental requirements to full-lifecycle management, covering the entire chain from mining, manufacturing, distribution and use to end-of-life recycling.

2. Implementation Timeline: When Will Your Products Be Affected?

Mandatory requirements of the new regulation are rolled out in phases, with different timelines for product categories and compliance levels. Key milestones are listed below:

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Note: Above timelines are specified in the official regulation text; actual implementation dates may be subject to minor adjustments via European Commission delegated acts. Regular monitoring of EU Official Journal updates is recommended.

3. Detailed Breakdown of Four Core Compliance Requirements

3.1 Carbon Footprint Declaration: From Optional Bonus to Mandatory Market Access Threshold

Carbon footprint management is one of the core innovations of the new regulation, and a key link to the EU Carbon Border Adjustment Mechanism (CBAM). EV batteries have been subject to mandatory carbon footprint declaration since Feb 18, 2025; LMT batteries and industrial batteries will be phased in between 2026 and 2029. From 2028 onwards, EV batteries must also meet specified carbon footprint thresholds, with non-compliant products losing EU market access.

Enterprises are required to calculate full-lifecycle carbon footprint from mining, raw material processing, cell manufacturing to battery assembly in accordance with EU official methodology. This process involves complex data collection and modelling, especially accurate calculation of emission factors across global supply chains, requiring professional methodological expertise and tool support.

3.2 Digital Battery Passport (DPP): Every Battery Has a Unique Digital ID

Effective Feb 18, 2027, EV batteries, LMT batteries and industrial batteries with capacity above 2kWh must be equipped with a Digital Battery Passport.

The battery passport links via QR code to a database containing full-lifecycle data including battery model, material composition, carbon footprint and recycled content. This requires enterprises to build robust data management systems, ensuring data authenticity, integrity and real-time update capability. Close collaboration with upstream and downstream supply chain partners is required to build a full-chain information sharing mechanism from mineral traceability to manufacturing.

3.3 Supply Chain Due Diligence: Compliance for Both Your Business and Your Suppliers

Due diligence obligation has been postponed from Aug 18, 2025 to Aug 18, 2027, applicable to producers with annual turnover exceeding €40 million. Enterprises are required to systematically identify, prevent and mitigate environmental and social risks associated with critical raw materials including cobalt, natural graphite, lithium and nickel in the supply chain. This includes assessing and addressing risks such as mining environmental damage, child labour and occupational health and safety.

3.4 EPR (Extended Producer Responsibility) & Labelling Requirements

Effective Aug 18, 2025, all producers selling batteries in the EU (including cross-border e-commerce sellers) must complete producer registration in each EU member state where they sell batteries, and assume financial responsibility for waste battery collection, treatment and recycling. Countries including Germany, France and Spain have successively implemented national EPR registration systems, requiring separate registration per country.

Labelling requirements include: batteries must be marked with the crossed-out wheeled bin symbol, chemical composition identification and QR code for digital product information display.

4. Compliance Impact Differentiation by Battery Type

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5. Practical Impact on Consumer Electronics & Energy Storage Manufacturers

For most Chinese battery enterprises, the most direct impacts of the new regulation are reflected in the following aspects: ① Removable Design Requirement: By 2027, almost all portable batteries built into electronic devices must be user-removable and replaceable. This will force enterprises to abandon the popular integrated sealed design in recent years, and adopt battery structures more convenient for user operation. ② Cross-Border E-Commerce EPR Registration: Sellers directly selling battery-containing goods to EU consumers via platforms including Amazon, Temu and TikTok Shop must complete EPR registration in target markets. TikTok Shop required sellers to submit Battery Law registration numbers before Aug 18, 2025, with non-compliant products facing delisting risk. ③ Expanded CE Certification Scope: The new regulation requires additional safety parameter testing for stationary battery energy storage systems, with emphasis on protection against thermal runaway risks. This means the scope and depth of CE certification testing will be further expanded. ④ Increased Compliance Costs: EPR registration fees, carbon footprint calculation, digital passport system construction and other items will bring additional compliance costs. Some countries (such as Germany) also require environmental recycling fees, approximately 0.5% to 2% of sales revenue.

6. Frequently Asked Questions

Q1: I only sell small battery-containing products on Amazon/Temu, do I still need to comply with (EU) 2023/1542? A: Yes. The new regulation explicitly covers "distance sales" scenarios: even if the enterprise has no registered entity in the EU, it must complete EPR registration in the target market as long as it ships goods to individual EU consumers via e-commerce platforms. Note that "obligation is determined by producer identity, irrelevant to sales volume".

Q2: Can registration in one country be used across the entire EU? A: No. EPR registration must be completed separately for each sales country. For example, if you sell in both Germany and France, you need to register separately with Stiftung EAR (Germany) and SYDEREP (France). Registration backlogs have already appeared in countries including Germany and France; it is recommended to start the registration process at least 6 weeks in advance.

Q3: Which category do portable energy storage power stations belong to? What compliance is required? A: Portable energy storage power stations are generally classified as "portable batteries" or "industrial batteries" under the new regulation (depending on capacity). Required compliance includes: CE certification (EN 62619/EN 62368-1), EPR registration, label update, safety parameter testing; units with capacity >2kWh will be subject to carbon footprint and digital passport requirements phased in 2026-2027.

Q4: How does the new regulation affect CE certification? Is CE sufficient to comply with (EU) 2023/1542? A: No. (EU) 2023/1542 is an independent regulatory system separate from CE directives. CE certification mainly focuses on product safety (electrical safety, EMC, chemical restriction etc.), while (EU) 2023/1542 covers full-lifecycle management (carbon footprint, passport, due diligence, recycling). The two are complementary and non-interchangeable.

Q5: Are there grace periods or exemptions for small enterprises? A: Currently no small enterprise exemption clauses are set in the new regulation. However, due diligence obligation only applies to producers with annual turnover exceeding €40 million; small and medium-sized enterprises are temporarily exempt from this obligation. EPR registration and labelling requirements still apply to all enterprises.

7. Recommendations & Action Guide

Facing this "world's strictest" battery regulation, we recommend enterprises adopt the following strategies: ① Immediately confirm product classification: Determine whether products belong to portable, LMT, industrial or EV batteries, and define compliance timelines. ② Prioritize EPR registration: Already effective since Aug 2025, platforms are continuously enforcing compliance; non-completion will directly lead to product delisting. ③ Build carbon footprint capability in advance: Especially for enterprises exporting energy storage power stations and electric vehicles, establish carbon footprint calculation systems as early as possible. ④ Monitor CE certification updates: The new regulation may trigger updates to some CE harmonized standards; regularly check the validity of existing certificates.

Disclaimer: This content is AI-assisted for reference only, not legally binding certification advice. All implementation shall comply with the latest official EU regulatory specifications.