EU Battery Regulation

The new EU Battery Regulation 2023/1542 entered into force on 17 August 2023 and covers the whole lifecycle of batteries from production to reuse and recycling. While the Battery Regulation is already in force, further legal documents will be published in the coming years specifying certain aspects of the implementation (see timeline below). Among the new requirements, for example, is the Battery Passport that goes with every new LMT, industrial (> 2 kWh), and EV battery and contains material pathways, product specifications and lifetime data.

General overview page of the European Commission

The European standardisation organisations CEN and CENELEC are currently drafting EN standards addressing performance, durability, safety, and sustainability for batteries, mandated by Standardisation request M/579 from 2021 (the 2021 version was based on a draft Regulation – an amendment is under preparation). Some of the standards will be harmonised meaning that applying these standards enable a presumption of conformity with the addressed parts/articles of the Regulation.

The (expected) implementation timeline [1, 2, 3, 4, 5]:

  • July 2023: Publication in the Official Journal of the European Union [Regulation in all EU languages]
  • August 2023: Official enforcement of the Battery Regulation
  • February 2024: Mandatory enforcement of the Battery Regulation
    • Carbon Footprint methodology released [Batteries for electric vehicles – carbon footprint methodology]
    • REACH-regulation compliance according to (Annex XVII, Article 4(2), point (a), of the End-of-life vehicles Directive and Battery Regulation Annex I)
    • Batteries containing more than 0,004 % lead shall be marked with the chemical symbol “Pb”, and batteries containing more than 0,002 % cadmium shall be marked with “Cd”.
  • August 2024: Mandatory enforcement of safety requirements for stationary battery energy storage systems // performance and durability information requirements [Technical report] for rechargeable industrial batteries with a capacity greater than 2 kWh, LMT batteries and electric vehicle batteries // conformity assessment procedures // economic operator obligations
    • The manufacturer must affix the CE marking to each battery.
    • The manufacturer must draw up an EU declaration of conformity for each battery model.
    • The manufacturer must draw up certain technical documentation.
    • The manufacturer shall operate an approved quality system for the production, inspection and testing of the finished product and shall be subject to surveillance. This applies only to some types of batteries.
    • The manufacturer must ensure the battery has clear, understandable, legible instructions and safety information.
    • The manufacturer shall indicate on the battery his name, registered trade name or registered trade mark, postal address with a single point of contact and, if possible, his website and e-mail address.
    • The manufacturer must ensure that batteries bear the model identifier and a batch or serial number, product number or other identifier.
  • February 2025: Mandatory enforcement of carbon footprint requirements for electric vehicle batteries
    • Carbon footprint declaration with third party verification required
  • August 2025: Mandatory enforcement of supply chain due diligence / Mandatory enforcement of waste battery management
  • December 2025: Minimum recycling efficiency of 65% for lithium-based batteries required
  • February 2026: Mandatory enforcement of carbon footprint information requirements for rechargeable industrial batteries
  • August 2026: Classification into carbon footprint performance classes required
  • February 2027: Mandatory enforcement of battery passports for rechargeable industrial batteries larger than 2kWh and electric vehicle batteries [European Battery Pass Consortium] // Removability and replaceability of portable batteries and LMT batteries [Technical report]
    • Battery Passport with carbon footprint, responsible sourcing, battery composition, recycled content, state of health performance, durability – marked with a QR code
  • August 2027: Minimum requirements for performance and durability of rechargeable industrial batteries with a capacity greater than 2 kWh
  • December 2027: Minimum levels of materials recovery: lithium 50%, nickel 90%, cobalt 90% and copper 90%
  • February 2028: Prove life cycle carbon footprint is below maximum thresholds
  • August 2028:Minimum requirements of performance and durability for LMT batteries // Mandatory enforcement of requirements for recycled materials in rechargeable industrial batteries with a capacity greater than 2 kWh, except those with exclusively external storage, electric vehicle batteries and SLI batteries // conformity assessment procedures // economic operator obligations.
    • Declare share of recycled content for lithium, nickel, cobalt and lead
  • December 2030: Minimum recycling efficiency of 70% for lithium based batteries required
  • August 2031: Minimum levels of recycled content: lithium 6%, nickel 6%, cobalt 16% and lead 85%
  • December 2031: Minimum levels of materials recovery: lithium 80%, nickel 95%, cobalt 95% and copper 95%
  • August 2036: Minimum levels of recycled content: lithium 12%, nickel 15%, cobalt 26% and lead 85%

References

  1. EU New Battery Regulation (EU) 2023/1542, TÜV Rheinland
  2. The Circulor Battery Hub, Circulor
  3. New EU Batteries Regulation: what it means for manufacturers, RAMBOLL
  4. New EU Batteries Regulation – How Should Companies using Batteries Prepare in 2024?, CELLTECH
  5. Battery Monitor 2023, Roland Berger & RWTH Aachen University