On July 28, 2023, the European Union issued a new version of the battery regulation (EU) 2023/1542, and repealed the 2006/66/EC directive. The new regulation will take effect on August 17, 2023. The new regulation amends Directives 2008/98/EC and (EU) 22019/1020, and replaces and repeals the original battery directive 2006/66/EC. The new battery law intends to no longer use the previous "Directive" control form, but to change to "Regulation", so as to achieve coordination and consistency within the EU, avoid regulatory framework conflicts caused by inconsistent waste collection and recycling measures formulated by member states, and reduce the time and legal uncertainty caused by the conversion of directives, ensuring that all member states can fulfill their obligations in the same way at the same time. The new regulation implements more comprehensive supervision of the entire battery industry chain, standardizes the entire life cycle of batteries from production to reuse and recycling, and ensures their safety, sustainability and competitiveness, which has a great impact on battery-related companies. The important contents of the regulations are as follows:

1. Clarified the types of batteries subject to control

The new battery regulations apply to all categories of batteries, including 5 types of batteries:

Portable battery: a battery that is not specially designed for industrial use, is sealed and weighs no more than 5kg, and is not an electric vehicle battery, LMT battery or SLI battery.

LMT battery (light means of transport battery): a battery that is sealed and weighs no more than 25kg and provides power for wheeled vehicles (including L-type).

SLI battery (starting, lighting and ignition battery): a battery used for vehicle ignition, lighting or starting, or an auxiliary or backup battery on a vehicle, other transport or mechanical transport equipment.

Industrial battery: a battery designed for industrial use, or a battery intended for industrial use after reuse, or other batteries weighing more than 5kg but not an electric vehicle battery, LMT battery or SLI battery.

Electric Vehicle Battery (EV Battery): A battery that provides power for Class L hybrid or pure electric vehicles and weighs more than 25kg, or a battery that provides power for Class M, N, or O hybrid or pure electric vehicles.

2. Detailed requirements for each stage of the battery life cycle

Mainly include:

1. Sustainability and safety:

Including hazardous substance restrictions, carbon footprint, recycled material recycling, performance and durability, battery removability and replaceability, and energy storage battery safety;

2. Label, mark and other information requirements;

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

(2) Capacity information: From August 18, 2026, rechargeable portable batteries, LMT batteries and SLI batteries should be affixed with labels indicating capacity information, and non-rechargeable portable batteries should also be marked with the minimum average continuous discharge time and marked "non-rechargeable";

(3) Separate collection symbol: From August 18, 2025, all batteries should be affixed with a separate collection symbol as shown below. Batteries with a cadmium content exceeding 0.002% or a lead content exceeding 0.004% should add the corresponding chemical element symbol under the "trash can logo": Cd or Pb;

(4) QR code: All batteries should be accompanied by a QR code. From February 18, 2027, all batteries should be marked with a QR code. The QR code should contrast strongly with the background color and its size should be easy to read with commonly used QR code readers (such as readers integrated in handheld communication devices). Ensure that the information is complete, up-to-date and accurate. For different types of batteries, the QR code contains different information, as follows:

a) For LMT batteries, industrial batteries with a capacity greater than 2kWh and electric vehicle batteries, a battery passport should be provided;

b) For other batteries, it should contain general information, battery classification collection marks, relevant chemical symbols for heavy metal content, declaration of conformity, due diligence report and information on the prevention and management of waste batteries;

c) For SLI batteries, it should contain the content of cobalt, lead, lithium or nickel contained in the active materials in the battery that is recovered from waste.

(5) CE mark and EU declaration of conformity: Batteries should be affixed with the CE mark and a EU declaration of conformity should be drafted before they are put on the market.

3. Updated hazardous substance limits

The new regulations state that in addition to meeting the hazardous substance requirements specified in Annex 17 of (EC) No 1907/2006 and ELV Directive 2000/53/EC, the content of three restricted substances (mercury, cadmium and lead) in batteries shall not exceed the following limits (by weight):

(1) Mercury (Hg) ≤ 5 ppm (regardless of whether the battery is installed in an appliance, light transport vehicle or other vehicle);

(2) Cadmium (Cd) ≤ 20 ppm (regardless of whether the portable battery is installed in an appliance, light transport vehicle or other vehicle);

(3) Lead (Pd) ≤ 100 ppm (regardless of whether the portable battery is installed in an appliance).

4. Carbon footprint requirements

Electric vehicle batteries, LMT batteries and rechargeable industrial batteries (above 2KWh) need to gradually implement carbon footprint requirements, and the specific implementation dates are as follows:

The calculation of the carbon footprint should be based on the basic elements provided in Annex II of the new battery regulation, in accordance with the requirements of the latest version of the EU Product Environmental Footprint (PEF) method and the Product Environmental Footprint Category Rules (PEFCRS). The new regulations also specify requirements for active material recycling components, electrochemical performance and durability, removability and replaceability, battery consistency, etc.

5. Digital battery passport

From February 18, 2027, each LMT battery, industrial battery with a capacity of more than 2KWh, and electric vehicle battery put on the EU market should have an electronic record (electronic passport), which should contain information related to the battery model and specific information of a single battery, and should be accessible through the provided QR code.

Digital battery passport requirements: information uniqueness, data accuracy (including battery manufacturer information, carbon emission information, recycled material information, inspection and certification information, etc.), development based on open standards in an interactive format, the association between the new passport and the original passport after reuse or remanufacturing, and the battery passport should no longer exist after the battery is recycled.

From the Battery Directive 2006/66/EC to the current Regulation (EU) 2023/1542, the new battery regulations have put forward clear requirements for sustainable development issues such as carbon footprint, battery recycling, use of recycled materials, and due diligence. At the same time, the concept of battery passport proposed in the bill also involves information data security issues such as core technical data and supply chain system, which will bring corresponding challenges to battery manufacturers.