Everything you need to know about the Batteries Regulation

Batteries are like mosquitos: they’re everywhere. That’s why the EU Batteries Regulation applies to more companies than many people realise, and its requirements are being introduced in stages. This makes it easy to lose track of what already applies and what’s on the way. In this post, we go through who is covered, what’s coming when and what you need to do.

The short version:

• The Batteries Regulation applies to all types of batteries, including those built into a product.

• The requirements are being phased in: some already apply, while others, such as the QR code and the battery passport, arrive in 2027.

• Responsibility is shared between manufacturers, importers and distributors, but the manufacturer bears the main responsibility.

What is the Batteries Regulation?

The Batteries Regulation (EU) 2023/1542 replaced the old Batteries Directive. Because it is a regulation, it applies directly in all EU member states without having to be transposed into national law. It has three main aims: to make batteries safer and more sustainable, to increase recycling, and to give both authorities and buyers better information about what batteries contain and where they come from.

The regulation has been in force since 18 February 2024, but many of its requirements have later application dates.

Which batteries are covered?

The regulation divides batteries into five categories:

• Portable batteries: those found in phones, tools and other handheld products.

• SLI batteries: used for starting, lighting and ignition in vehicles.

• Light means of transport (LMT) batteries: for example, e-bikes and e-scooters.

• Electric vehicle (EV) batteries: for example, car batteries.

• Industrial batteries: larger batteries used for energy storage and machinery, among other things.

The key point here is that the requirements also apply to batteries built into another product. If you make a robot, a tool or a connected device with batteries inside, you’re affected, even if you don’t think of yourself as a battery company.

Not sure which type of battery your product has? Check out this video! 

Who does what?

The roles are similar to those in other product legislation:

• The manufacturer is responsible for ensuring the battery meets the requirements, the documentation is complete and the labelling is correct. The manufacturer is also the one who affixes the CE mark. Read more in our guide: How to CE Mark Your Product.

• The importer must check that the manufacturer has done its job, and effectively becomes responsible if the manufacturer is based outside the EU.

• The distributor must make sure the battery is labelled and comes with the right documentation before it is sold.

There is also extended producer responsibility for the collection and recycling of end-of-life batteries. This means that whoever places batteries on the market is also responsible for what happens to them once they’re spent.

What are the requirements?

The regulation contains a lot of requirements, but they can be grouped into a few areas:

• Hazardous substances: restrictions on mercury, cadmium and lead, among others.

• Performance and durability: requirements for how long and how well certain batteries must perform.

• Removability and replaceability: in many cases, portable batteries must be removable and replaceable by the user. The Commission has published guidance on how the requirement should be interpreted, and it applies from 18 February 2027.

• Labelling and information: batteries must be labelled in a standardised way, with a QR code to follow later.

• Carbon footprint and recycled content: applies to certain battery types and will be introduced once the EU has determined how these should be calculated.

• Due diligence: companies placing batteries on the market must have a policy for managing supply chain risks relating to cobalt, lithium, nickel and natural graphite, among other materials.

• Waste and recycling: requirements for collection, recycling and producer responsibility.

Timeline: What applies when?

Two things are worth special attention:

The battery passport. From February 2027, the QR code on EV batteries, LMT batteries and rechargeable industrial batteries above 2 kWh must give access to a digital battery passport containing, among other things, information on carbon footprint, recycled content and durability. This requires data that many manufacturers don’t yet collect, so start in good time.

Interested? Read our post on battery passports: Everything you need to know about digital battery passports.

Due diligence. The requirements have been postponed to 18 August 2027. The postponement doesn’t change the content of the requirements, though, and those who must comply still need to prepare.

Common mistakes

• Thinking the regulation only applies to battery manufacturers. If you build batteries into your products, you’re covered too.

• Assuming that postponed dates mean you can wait. Data collection and supplier engagement take a long time.

• Forgetting about other legislation. A battery in a connected product may also be subject to CE marking rules, radio rules and cybersecurity requirements.

• Not checking with your supplier. Ask what support they can provide for documentation, labelling and battery passport data.

• Overlooking producer responsibility for collection and recycling.

Where to go from here

Start with a simple mapping exercise: which batteries are in your products, which category do they belong to, and what do your suppliers say? You can then prioritise based on the timeline above.

 

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