EU Battery Regulation (EU) 2023/1542

I. Background of the Regulation

In July 2023, the European Union officially issued the new Battery Regulation (EU) 2023/1542. This is the first legal document in the form of a regulation that regulates the entire life cycle of batteries, covering all stages of battery production, use, reuse, and recycling. The regulation also amends the EU Waste Directive 2008/98/EC and the Market Surveillance Regulation (EU) 2019/1020, and repeals the previous Battery Directive 2006/66/EC. It entered into force on 17 August 2023.

The new Battery Regulation sets out a series of requirements, including prohibited substances, carbon footprint, sustainability and safety, labeling and marking, due diligence, battery passports, and waste battery management. It also details the responsibilities and obligations of manufacturers, importers, and distributors of batteries and battery-containing products, and establishes conformity assessment procedures and market surveillance requirements.

II. Main Content of the Regulation

1. Applicable to 5 categories of batteries
   • Portable batteries: Batteries that are not specifically designed for industrial use, are sealed, weigh no more than 5 kg, and do not fall under the categories of electric vehicle batteries, LMT batteries, or SLI batteries.
   • Starting, Lighting, Ignition batteries (SLI batteries): Batteries used for vehicle ignition, lighting, or starting, or auxiliary or backup batteries in vehicles, other transport, or mechanical transport equipment.
   • Electric vehicle batteries: Batteries that power L-category hybrid or pure electric vehicles and weigh more than 25 kg, as well as batteries that power M, N, or O-category hybrid or pure electric vehicles.
   • Light Means of Transport batteries (LMT batteries): Sealed batteries weighing no more than 25 kg that power wheeled vehicles (including L-category).
   • Industrial batteries: Batteries designed for industrial use, or batteries intended for industrial use after reuse, or other batteries weighing more than 5 kg that are not electric vehicle batteries, LMT batteries, or SLI batteries.

The regulation does not apply to the following batteries:
① Equipment related to the protection of Member States' essential security interests, weapons, ammunition, and war materials, including products specifically for military purposes;
② Equipment designed to be sent into space;
③ Equipment specifically designed for the safety of nuclear facilities.

2. Sustainability and safety requirements for batteries

(1) Requirements for prohibited substances:

• Comply with the requirements for prohibited substances listed in Annex XVII to the EU REACH Regulation (EC/1907/2006);
• Comply with the requirements for prohibited substances in Article 4(2)(a) of the EU End-of-Life Vehicle Directive (2000/53/EC);
• Requirements for prohibited substances in Annex I to the new Battery Regulation: Mercury – the mercury content in all batteries shall not exceed 0.0005%; Cadmium – the cadmium content in portable batteries (except those for emergency and medical use) shall not exceed 0.002%; Lead – the lead content in portable batteries shall not exceed 0.01%.

(2) Carbon footprint requirements:
Electric vehicle batteries, LMT batteries, and rechargeable industrial batteries (above 2 kWh) are subject to progressive implementation of carbon footprint requirements, with specific implementation dates as follows:

The calculation of carbon footprint shall be based on the basic elements provided in Annex II to the new Battery Regulation and shall comply with the latest version of the EU Product Environmental Footprint (PEF) methodology and Product Environmental Footprint Category Rules (PEFCRS).

(3) Recycling requirements:
From 18 August 2028 onwards, for electric vehicle batteries, SLI batteries, and rechargeable industrial batteries (above 2 kWh) containing active materials such as cobalt, lead, lithium, and nickel, the accompanying technical documentation shall include information on the percentage of cobalt, lithium, and nickel in the active materials, as well as recycling information, and information on the percentage of lead in the batteries and its recycling.

From 18 August 2031 onwards, the recycling rates of cobalt, lead, lithium, and nickel from the active material waste of each battery model produced by each manufacturer shall not be less than: 16% for cobalt, 85% for lead, 6% for lithium, and 6% for nickel. From 18 August 2036 onwards, the rates shall not be less than: 26% for cobalt, 85% for lead, 12% for lithium, and 15% for nickel.

(4) Requirements for electrochemical performance and durability:
From 18 August 2024 onwards, electric vehicle batteries, rechargeable industrial batteries (above 2 kWh), and LMT batteries shall be accompanied by technical documentation containing parameters of electrochemical performance and durability.

(5) Removability and replaceability:
All portable batteries shall adopt a detachable design, allowing consumers to remove, take out, or replace the battery by themselves without the need for special tools (such as solvents, heating) or training. All LMT batteries shall be easily removable and replaceable by professionals.

(6) Safety:
For stationary battery energy storage systems, from 18 August 2024 onwards, the accompanying technical documentation shall demonstrate their safety during operation.

3. Labeling, marking, and information requirements

(1) General information: From 18 August 2026 onwards, all batteries shall be affixed with a label containing 10 items of information, including manufacturer information, battery type, chemical composition, hazardous substances other than lead, cadmium, and mercury, and critical raw materials.

(2) Capacity information: From 18 August 2026 onwards, rechargeable portable batteries, LMT batteries, and SLI batteries shall be labeled with capacity information. Non-rechargeable portable batteries shall also indicate the minimum average continuous discharge time and be marked as "non-rechargeable".

(3) Separate collection symbol: From 18 August 2025 onwards, all batteries shall be affixed with a separate collection symbol. For batteries with a cadmium content exceeding 0.002% or a lead content exceeding 0.004%, the corresponding chemical element symbols (Cd or Pb) shall be added under the "waste bin symbol".

(4) QR code: From 18 February 2027 onwards, all batteries shall be accompanied by a QR code.

4. Digital battery passport
   From 18 February 2027 onwards, each LMT battery, industrial battery with a capacity exceeding 2 kWh, and electric vehicle battery placed on the EU market shall have an electronic record (electronic passport). This battery passport shall contain information related to the battery model and specific information of the individual battery, and shall be accessible via the provided QR code.

Requirements for the digital battery passport: Uniqueness of information; accuracy of data (including battery manufacturer information, carbon emission information, recycled material information, inspection and certification information, etc.); development based on open standards in an interoperable format; linkage between the new passport and the original passport after reuse or remanufacturing; and the battery passport shall cease to exist after the battery is recycled.

III. Summary of Challenges and Responses

The new Battery Regulation sets clear requirements for sustainable development issues such as carbon footprint, battery recycling, use of recycled materials, and due diligence. Meanwhile, the concept of the battery passport proposed in the regulation involves information and data security issues related to core technical data and supply chain systems, which will pose significant challenges to China's vehicle manufacturers and battery producers.

If you have needs related to the EU Battery Regulation (EU) 2023/1542, please feel free to consult Guangdong ESTL Technology Co., Ltd.!