After a prolonged legislative process, the EU Batteries Regulation has been published in the Official Journal of the EU. The EU Batteries Regulation was announced on July 28th and will take effect on the 20th day from its publication date, with its implementation set for February 18, 2024. Some obligations are scheduled for enactment on August 18, 2024.
The EU Batteries Regulation aims to promote the sustainability of batteries throughout their lifecycle and adds new content to the growing body of legislation concerning supply chain compliance. It applies to all types of batteries, including those for industrial applications and electric vehicles, covering recycling, labeling, and due diligence requirements.
The EU Batteries Regulation replaces the current EU Battery Directive (2006/66/EC). It prioritizes: reinforcing the internal market through standardized rules for battery products, processes, waste batteries, and recyclables; advancing the circular economy; and mitigating the environmental and societal impacts of batteries, with a focus on the supply chain.
The regulation imposes requirements on economic operators who sell or put batteries into use in the EU market. It applies to all batteries utilized within the EU, including those imported from non-EU countries. This encompasses batteries for electric vehicles, light-duty transport, industrial applications, discarded portable batteries, and SLI batteries. Economic operators are defined as manufacturers, authorized representatives, importers, distributors, compliance scheme providers, or any individual or entity involved in manufacturing, preparing, distributing, or disposing of batteries.
In addition to obligations applicable to all economic operators, Chapter Six of the EU Batteries Regulation details specific duties for manufacturers, importers, and distributors. Notably, the regulation expands producer responsibilities, mandating producers cover costs for collecting, treating, and recycling all accumulated batteries. Producers are also accountable for surveying mixed urban waste, reporting on batteries and waste batteries, and providing information to end-users and waste handlers. Provisions regarding green public procurement for batteries are also included.
Aligned with the European Green Deal, the EU Batteries Regulation aims to foster circularity throughout battery lifecycles. It sets collection targets for portable waste batteries and waste batteries from light-duty transport, with intermediate goals for 2027 and final objectives for 2030 and 2031. The regulation also prescribes lithium recovery from waste batteries and sets minimum recovery levels for lithium, cobalt, lead, and nickel in new batteries. By 2027, portable batteries used in electronics should be easily removable and replaceable by end-users.
The regulation introduces harmonized rules on safety, sustainability, and labeling. It restricts the use of harmful substances like mercury and cadmium and mandates disclosure of a battery's carbon footprint. Labels must furnish information on components, battery lifespan, and recyclable elements. Additionally, labels should include a digital product passport and a QR code linked to battery component data.
Starting August 2025, economic operators introducing batteries to the market must adhere to due diligence requirements, similar to other supply chain legislation. This encompasses verifying the origin of battery raw materials, establishing internal responsibilities, and third-party verification of battery due diligence policies. Non-compliant economic operators may face market restrictions or bans and specific sanctions from member states.
The EU Batteries Regulation will impact businesses across various sectors, especially those in aerospace, automotive, electronics, and energy storage. It is a crucial legislative text related to the energy transition, underscoring the increasing importance of batteries in this context.
In the coming years, the EU will roll out secondary legislation to provide further clarifications and rules on various topics.
