The European Parliament and the Council adopted on July 12th, 2023 the new Regulation (EU) 2023/1542 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC.

This Regulation is binding in its entirety and directly applicable in all EU Member States. It entered into force on August 17th, 2023 and already applies from February 18th, 2024.

The present Battery Directive 2006/66/EC will be repealed on August 18th, 2025 with a few exceptions.

The requirements of new Battery Regulation (EU) 2023/1542 has series significant changes comparing with Battery Directive 2006/66/EC, including:

New classifications to all batteries based on the purpose of use.

Newly added rule of CE marking and its conformity assessment procedure.

Adaption to laws related to new legislative framework, for example, obligations of economic operators and market surveillance activities.

Strengthen policies and requirements on sustainability and environmental protection, for example, restriction of substances and performance and durability of batteries, carbon footprint and recycled content, labeling information on lifecycle and health, QR code and digital passport, due diligence on supply chain and removability and replaceability of batteries in end product etc.

This new Regulation applies not only to batteries, but also applies to batteries that are incorporated into or added to products or that are specifically designed to be incorporated into or added to products.

Market surveillance activities of new Regulation will be started from February 18th of 2024. Member States shall lay down the rules on penalties applicable to infringements of this Regulation by August 18th, 2025.

It’s highly recommended that customers of batteries and end-products incorporating batteries take actions as early as possible to adapt the design and production requirements of products to the new Regulation so that customers could avoid the risks that products may get stuck in customs etc. due to non-conformity with the new Regulation from February 2024 and not application the CE marking rule etc. from August 2024.

Battery Types

Portable batteries (including portable batteries for general use)
sealed
weight ≤ 5 kg
not designed specifically for industrial use and
neither an electric vehicle battery, an LMT battery, nor an SLI battery
Example: laptop or power tool battery pack, 4,5 Volt (3R12), button cell, D, C, AA, AAA, AAAA, A23, 9 Volt (PP3)

SLI batteries (starting, lighting and ignition batteries)
specifically designed to supply electric power for starting, lighting, or ignition
can also be used for auxiliary or backup purposes
in vehicles, other means of transport or machinery
Example: Car starter batteries

LMT batteries (light means of transport batteries)
sealed
weight ≤ 25 kg
specifically designed to provide electric power for the traction of wheeled vehicles that can be powered by an electric motor alone or by a combination of motor and human power, including type-approved vehicles of category L within the meaning of Regulation (EU) No 168/2013
not an electric vehicle battery
Example: battery in E-Bikes, E-Scooter

EV batteries (electric vehicle batteries)
specifically designed to provide electric power for traction in hybrid or electric vehicles of category L as provided for in Regulation (EU) No 168/2013, that weighs > 25 kg, or
specifically designed to provide electric power for traction in hybrid or electric vehicles of categories M, N or O as provided for in Regulation (EU) 2018/858
Example: hybrid vehicles, electric vehicles batteries

Industrial batteries (including stationary battery energy storage systems)
specifically designed for industrial uses
intended for industrial uses after having been subject to preparation for repurposing or repurposing, or
any other battery that weighs more than 5 kg and that is neither an electric vehicle battery, an LMT battery, nor an SLI battery
Example: battery in energy storage system in private or domestic areas, UPS

CE Marking Conformity

Sustainability, safety, labelling and information requirement.

Article 6 Restrictions on substances

Article 7 Carbon footprint (EV batteries, rechargeable industrial batteries >2kWh, and LMT batteries)

Article 8 Recycled content (industrial batteries>2kWh, EV batteries, LMT batteries and SLI batteries)

Article 9 Performance and durability requirements (portable batteries of general use)

Article 10 Performance and durability requirements (rechargeable industrial batteries>2kWh, LMT batteries and EV batteries)

Article 12 Safety of stationary battery energy storage systems

Article 13 Labelling and marking of batteries (including Article 77,78 Battery passport)

Article 14 Information on the state of health and expected lifetime of batteries (stationary battery energy storage systems, LMT batteries and EV batteries)

Conformity assessment procedures

Module A or D1 or G for Articles 6, 9, 10, 12, 13 and 14

Module D1 or G for Article 7,8

Remark

Conformity assessment modules

Module A – Internal production control

Module D1 – Quality assurance of the production process (for batteries manufactured in series)

Module G – Conformity based on unit verification (for batteries not manufactured in series)

*EU Notified body shall be involved in module D1 and G.

Technical documentation (for all modules)

Adequate analysis and assessment of the risks

a general description of the battery and its intended use;

the conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;

the descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;

a specimen of the label (Article 13);

a list of the harmonised standards, common specifications; (Articles 9, 10, 12, 13, 14, 78)

other relevant technical specifications used for measurement or calculation purposes (Articles 6 to 10 and Articles 12, 13 and 14)

results of design calculations made and the examinations carried out, and the technical or documentary evidence used;

test reports.

a study supporting the carbon footprint values and class referred to in Article 7 (module D1 or G only)

a study supporting the recycled content share referred to in Article 8 (module D1 and G only)

Manufacturing

Ensure the batteries comply with the technical documentation during manufacturing process and monitoring (Module A or G)

Operate a quality system for production, final product inspection and testing of the batteries and be subject to surveillance by Notified Body (Module D1)

Quality system audit by Notified Body (Module D1)

Assess the quality system to ensure the compliance to applicable requirements in Article 6~10, 12~14

Review technical documentation

Carry out necessary examination, calculations, measurements and tests

Check the reliability of data used for the calculation of the recycled content share and carbon footprint values and class as well as relevant calculation methodology

Unit verification by Notified Body (Module G)
Carry out appropriate examinations, calculations, measurements and tests to ensure the compliance to applicable requirements in Article 6~10, 12~14

EU declaration of conformity (for all modules)

Affixing the CE marking (for all modules)

Obligations of Economic Operators (Excerpt)

Common Obligation

Compliant with Articles 6~10,12~14

Technical documentation

EU declaration of conformity

1, CE marking

Model number, label as article 13

Contact address of manufacturer and importer

Take corrective actions for non-compliance product, including withdraw or recall

Inform MSA of risk of non-compliance and corrective actions

Respond request, provide info. and document to MSA, and cooperate with MSA

2, Due Diligence Policy

The obligations of an economic operator (EU manufacturer or importer with turnover > EUR 40 million) in relation to its

management system

risk management

disclosure of information

third-party verifications and surveillance by notified bodies

For the purpose of identifying, preventing and addressing actual and potential social and environmental risks linked to the sourcing, processing and trading of the raw materials and secondary raw materials required for battery manufacturing, including by suppliers in the chain and their subsidiaries or subcontractors.

3, Management of waste batteries

Register as producer in Member States

Take extended producer responsibility and pay cost

Ensure information on prevention and management of waste batteries

Producers establish battery take-back, collection system and attain relevant collection target