EU battery law officially comes into effect

According to foreign media reports, after a long legislative process, the EU Batteries Regulation has been published in the Official Journal of the EU. The EU battery regulations were announced on July 28 and will take effect on the 20th day from the date of announcement. They will be implemented on February 18, 2024. The implementation date of certain obligations is August 18, 2024.

The EU Battery Regulation aims to promote the sustainability of batteries throughout their life cycle and adds to the growing body of legislation on supply chain compliance. EU battery regulations apply to all types of batteries, including batteries for industrial applications and electric vehicles, with requirements covering recycling, labeling and due diligence.

The EU Battery Regulation replaces the current EU Battery Directive (2006/66/EC). It has three main priorities: strengthening the internal market through the development of standardized rules for battery products, processes, waste batteries and recycling; promoting the circular economy; and reducing the environmental and social impact of batteries throughout their life cycle, with a focus on the supply chain.

The EU Battery Regulation imposes requirements on economic operators that sell batteries on the EU market or put them into service. The regulation applies to all types of batteries used within the EU, including batteries imported from non-EU countries. This includes batteries used in electric vehicles, light vehicles, industrial applications, end-of-life portable batteries, and SLI batteries. An economic operator is a battery manufacturer, authorized representative, importer, distributor, fulfillment service provider or other person or entity involved in the manufacture, preparation, distribution or disposal of batteries.

In addition to the obligations that apply to all economic operators, Chapter 6 of the EU Battery Regulation also imposes certain obligations on manufacturers, importers and distributors. It is worth noting that the EU battery regulations also extend producer responsibility, requiring producers to bear the costs of collecting, processing and recycling all collected batteries. Producers are also responsible for conducting surveys of mixed collections of municipal waste, reporting on batteries and spent batteries, and providing information to end users and waste operators. EU battery regulations also include provisions on green public procurement of batteries.

Image source: Tesla

EU battery regulations align with the European Green Deal and aim to promote the recycling of batteries throughout their life cycle. The EU Battery Regulation sets collection targets for portable waste batteries and waste batteries for light vehicles, with a mid-term target of 2027 and final targets of 2030 and 2031. EU battery regulations also require the recovery of lithium from used batteries and set minimum recycled content of lithium, cobalt, lead and nickel in new batteries. By 2027, portable batteries used in appliances should be removable and replaceable by end users.

The EU Battery Regulation also introduces harmonized rules on safety, sustainability and labeling requirements. The regulations also restrict the use of hazardous substances such as mercury and cadmium and require disclosure of the carbon footprint of batteries. Labels need to provide information about components, battery life and recyclable content. In addition, labels are required to provide a digital product passport and a QR code that can be linked to battery composition information.

From August 2025, economic operators placing batteries on the market will need to comply with due diligence requirements, similar to other supply chain legislation. This includes verifying the origin of raw materials used in batteries, establishing internal responsibilities, and third-party verification of battery due diligence policies. Non-compliance by economic operators could result in restrictions or bans on battery supply from the market and Member State-specific sanctions.

EU battery regulations will have an impact on companies across a variety of sectors, particularly those involved in aerospace, automotive, electronics and energy storage. The EU Battery Regulation is an important legislative text related to the energy transition and reflects the growing importance of batteries in this context.

In the coming years, the EU will also introduce secondary legislative acts providing further clarification and rules on a variety of topics.