As batteries play an increasingly vital role in modern society, their significance in the EU’s transition to climate neutrality and a circular economy continues to grow. Global battery demand is projected to be 14 times higher by 2030, with the EU accounting for 17% of this demand. To address this rapid growth and establish sustainable standards for the EU battery market, the EU Batteries Regulation (2023/1542) has been introduced.
What is the EU Batteries Regulation (EU) 2023/1542?
Entered into force on August 17, 2023, the EU Batteries Regulation establishes comprehensive guidelines for the lifecycle management of batteries within the EU. The regulation aims to enhance sustainability, safety, and circularity in the battery industry in alignment with the European Green Deal's objectives.
The EU's battery regulation sets strict rules governing the sale and distribution of batteries and accumulators, ensuring that only compliant products meeting safety and environmental standards can be placed on the market. Additionally, the battery regulation also prohibits the sale of batteries and accumulators containing hazardous substances, reinforcing environmental protection and consumer safety.
Is the EU Batteries Regulation replacing the EU Batteries Directive?
Yes, the EU Batteries Directive will be replaced by the EU Batteries Regulation. The directive, which entered into force on September 6, 2006, originally established guidelines governing the marketing of batteries and accumulators. This included a specific prohibition on selling batteries containing hazardous substances. It also defined requirements for the collection, treatment, recycling, and disposal of waste batteries and accumulators. This directive will be repealed in 2025 by the new EU Batteries Regulation.
What are the objectives of the EU Batteries Regulation?
The regulation aims to ensure sustainability across the entire battery lifecycle, from material sourcing to collection, recycling, and repurposing. In the current energy landscape, these new rules encourage the growth of a competitive and sustainable battery industry, supporting Europe's transition to clean energy while reducing dependence on fuel imports.
The scope of the EU Batteries Regulation
The EU's battery regulation classifies batteries based on design and use to better reflect market developments. It introduces new categories such as:
- Electric vehicle (EV) batteries
- Light means of transport (LMT) batteries for e-bikes and e-scooters
It maintains the category of industrial batteries for broader applications, including repurposed batteries. Batteries exceeding 5 kg that do not fit other categories are also classified as industrial batteries. Additionally, the regulation addresses battery lifecycle management, specifying that reused batteries are not reintroduced to the market, whereas repurposed, remanufactured, or imported used batteries must comply with the regulation before being placed on the market.
- Product conformity
- Liability requirements
- Consumer protections
Examples of batteries covered under the regulation include:
- Portable batteries
- Starting, lighting, and ignition (SLI) batteries
- Light means of transport (LMT) batteries
- Electric vehicle (EV) batteries
- Industrial batteries
What are the reporting requirements for the EU Batteries Regulation?
The EU Batteries Regulation outlines specific reporting requirements to ensure compliance and facilitate monitoring. Operators are required to identify, address, and prevent adverse impacts associated with the extraction, processing, and trading of raw materials used in batteries. This includes conducting risk assessments, implementing risk management strategies, and maintaining transparency throughout the supply chain.
The EU’s battery regulation also mandates regular reporting and public disclosure of due diligence measures, ensuring accountability and fostering consumer trust. Producers are required to report on the collection, treatment, and recycling processes of waste batteries, ensuring transparency in end-of-life management. Reports must be submitted to the European Commission and relevant national authorities.
Enforcement and Penalties
Enforcement of the EU Batteries Regulation is primarily the responsibility of individual Member States. Each Member State is required to designate competent authorities to oversee the application and enforcement of the regulation within their jurisdiction.
Authorities are tasked with conducting market surveillance to ensure that batteries placed on the market comply with the established requirements. In cases of non-compliance, the regulation mandates that Member States implement effective, proportionate, and dissuasive penalties. There are no specific penalties outlined by the regulation.
Implementation Deadlines
Since 2024, the European Commission has been updating the EU Batteries Regulation to reflect developments and ensure proper implementation. Below are the key deadlines for this process.
- December 31, 2027: Portable batteries incorporated into appliances must be designed for easy removability and replaceability by the end user.
- January 1, 2030: Industrial and electric vehicle batteries with internal storage and a capacity above 2 kWh must include a carbon footprint declaration.
- July 1, 2027: Economic operators placing batteries on the market must implement due diligence policies.
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