EU Battery Regulation: New Agreement Since 2023

On June 14, 2023, the long-anticipated EU Battery Regulation was approved. It was published as the new Battery Regulation in the Official Journal of the European Union on July 28, 2023, and came into force 20 days later on August 17, 2023.

The European Battery Regulation significantly impacts manufacturers, importers, exporters, and retailers in the battery industry, who are still adapting to the changes. The new EU Battery Regulation replaces the previous European Battery Directive 2006/66/EC and the German Battery Act (BattG).

The European Parliament provides an overview of the impacts of the 2023 EU Battery Regulation on the battery industry in its press room. In this article, we summarize the most important changes for manufacturers, importers, exporters, and retailers and offer our expertise to help you implement the EU Battery Regulation.

The new 2023 EU Battery Regulation requires all batteries to be labeled so consumers can access information on capacity, performance, lifespan, and chemical composition. This labeling will be done through labels and QR codes. Additionally, large companies will be subject to a general due diligence obligation. There are also other obligations for companies placing batteries on the EU market. Deutsche Recycling GmbH offers advice on the cost-effective and legally compliant implementation of the 2023 EU Battery Regulation.

What Changes Does the New Battery Regulation Bring?

The new EU Battery Regulation aims to support the EU’s “Green Deal” action plan in the long term. Therefore, the new EU BattVO regulations include specific requirements for battery design, development, and disposal, with the goal of covering the entire lifecycle.

In addition to conventional portable batteries, the previously applicable Battery Directive included two other battery types. The new EU Battery Regulation adds two more types, bringing the total to five. Depending on the battery type, manufacturers, importers, exporters, and retailers now have different new obligations to fulfill.

The new EU Battery Regulation applies uniformly across all member states. Implementation has a six-month deadline starting February 18, 2024, though most provisions have longer transition periods extending into 2030.

At Deutsche Recycling GmbH, we are happy to assist with any questions regarding the Battery Act or the new EU Battery Regulation. With our comprehensive solutions and full-service offerings, we ensure you are compliant and meet all required obligations. Together, we can develop a concept that ensures your product responsibility is safely implemented, create a customized take-back system, and fully address environmental compliance.

EU Battery Regulation: Specific Obligations by Battery Type

The new Battery Regulation aims to make it easier to replace old portable batteries. According to the 2023 EU Battery Regulation, conventional portable batteries must be designed by 3.5 years after the regulation takes effect so that consumers can independently remove and replace them. Examples of conventional portable batteries include those used in household and small electronic devices, such as AA and AAA batteries.

Other battery types are also affected by the EU Battery Regulation. For instance, all LMT batteries, EV batteries, and rechargeable industrial batteries with an energy capacity over 2 kilowatt-hours (kWh) must be equipped with a digital battery passport. This passport must include information on the battery’s carbon footprint, which will be mandatory starting in 2027.

EU Battery Regulation: General and Type-Independent Obligations

In addition to the specific obligations for certain battery types, the 2023 EU Battery Regulation also introduces new general obligations for all battery types.

All batteries must carry labels and QR codes as part of the digital product passport, providing information on capacity, performance, lifespan, and chemical composition.

Additionally, batteries must be marked with a symbol indicating the requirement for separate disposal. The EU Battery Regulation also requires marking with the CE symbol.

The EU Battery Regulation introduces a due diligence obligation for the battery industry, which applies to all companies trading batteries in the EU market, except for small and medium-sized enterprises (SMEs).

This due diligence obligation, referred to as the “due diligence policy” in the draft EU Battery Regulation, must align with international standards. Companies are required to consider the impact of sourcing, processing, and trading raw materials on people and the environment in their business practices.

You must implement a strategy to address this. Supply chains are particularly affected by the due diligence obligation. Additionally, you should consider that specific safety tests are required. We specialize in environmental compliance and can assist you with advice and administrative support.

EU Battery Regulation: Increased Collection Targets and New Minimum Recycled Content Requirements

The new EU Battery Regulation includes an increase in collection targets. For light vehicle batteries (LMT batteries), collection targets are set at 51% by 2028 and 61% by 2031. For portable batteries, collection targets are defined as follows:

One factor encouraging the achievement of collection targets is the take-back obligation for manufacturers and retailers, which in Germany is stipulated by § 9 of the Battery Act (BattG). The take-back obligation requires any company selling batteries to also accept returns.

In Germany, the 2023 collection target for batteries was exceeded early because retailers fulfilled their battery take-back obligations, and consumers took advantage of the opportunity to dispose of batteries at retailers.

Under the BattG, any company placing batteries on the market must register with the Stiftung Elektro-Altgeräte Register (EAR) to document, among other things, the quantity of batteries placed on the market. The take-back of used batteries is also recorded by the EAR foundation. With our EAR service, you can receive professional support if needed.

In addition to the increase in collection targets, the 2023 EU Battery Regulation introduces new requirements for minimum recycled content. These regulations are designed to promote recycling and will become relevant by the end of 2027. The new EU Battery Regulation mandates that new batteries must consist of the following proportions of recycled materials, depending on the chemical system: 16% cobalt, 85% lead, 6% lithium, and/or 6% nickel. In this context, we recommend reading our informative article: “5 Ways to Improve Battery Recycling.” The new Battery Regulation also requires revised reporting obligations to enhance transparency and improve traceability.

What Does the New EU Battery Regulation Mean for Companies in the Battery Industry?

The new EU Battery Regulation affects all manufacturers, exporters, importers, and retailers that place batteries on the EU market. For companies, the EU Battery Regulation necessitates redesigning business processes for battery production and recycling. The focus is on implementing digital processes, optimizing supply chains, and introducing modern recycling technologies.

Although the general due diligence obligation does not apply to SMEs, they are still affected by the extensive changes. Many business processes will need to be adapted to meet the new requirements of the EU Battery Regulation. Non-compliance can result in fines, and companies may have their products removed from the market.

Companies in the battery industry are strongly advised to seek support from environmental compliance specialists. Our experts at Deutsche Recycling GmbH are ready to assist. Our team is well-versed in the legal landscape and offers companies a full-service package to meet the requirements of the 2023 EU Battery Regulation and associated legal obligations.

Contact us, let us handle the bureaucratic burden, and gain confidence in aligning your business practices with the EU Battery Regulation and national battery laws!