Summary
Regulation 2023/1542 replaces Directive 2006/66/EC as the new battery regulation for the EU. It applies to all batteries. Unlike Directive 2006/66/EC, Regulation 2023/1542 mandates that all batteries placed on the market must be CE marked. The regulation aims to reduce the carbon footprint and decrease the waste associated with batteries, whilst also addressing the social concerns involving the acquisition of raw materials used in batteries.
Manufacturers of batteries must ensure that recycled materials are used in their new batteries, whilst producers must impose a take-back system to allow the separate collection and processing of waste batteries, allowing for further recycling.
From 18 February 2027, all industrial, electric vehicle (EV) and light means of transportation (LMT) batteries above 2 kWh in capacity must have a ‘battery passport’, which details specific information about the individual battery.
A due diligence policy is enforced to ensure that suppliers source raw materials from acceptable sources and do not cause damage to the environment or violate human rights.
Purpose
The Batteries Regulation 2023/1542 aims to reduce the adverse effects of batteries on the environment and tackle the social issues associated with the mining of raw materials for use in batteries. As battery use become more prevalent, especially in transport, it is important to address the entire life cycle of batteries and establish a circular economy.
Scope
Regulation 2023/1542 applies to all batteries including but not limited to:
- Portable batteries
- Starting, lighting and ignition (SLI) batteries
- Light means of transport (LMT) batteries
- Electric vehicle (EV) batteries
- Industrial batteries
Batteries incorporated into other products are also included in this legislation. If a battery appears to fall under multiple categories, the category with the strictest regulations applies.
Equipment intended to be used for military or space applications is not covered under Regulation 2023/1542.
Timescale
Regulation 2023/1542 started to apply from 18 February 2023 and will exist alongside the existing batteries directive 2006/66/EC until 18 August 2025. As of this date, directive 2006/66/EC will be repealed and all batteries must comply with the new regulation.
Specific requirements are introduced starting from 18 August 2024.
Digital passports will be made mandatory from 18 February 2027 and should include detailed information about the composition and environmental impact of the battery.
Requirements
The regulation highlights sustainability and safety requirements. For batteries with a capacity greater than 2 kWh, a certain proportion of the active material must be recovered from waste. The values given are: 16 % cobalt, 85 % lead, 6 % lithium and 6 % nickel. As with the previous directive there are limits on toxic metals. Mercury is limited to 0.0005 %, Cadmium is limited to 0.002 % and Lead is limited to 0.005 %.
A large part of the regulation covers the management of waste batteries. Producers of portable batteries should ensure that all waste portable batteries are processed separately to general waste and likewise for LMT, SLI and EV batteries. Separate collection sites should be established. The recycling processes should be efficient and be able to allow significant material recovery, mandated in Annex XII.
Portable batteries should be readily removable and replaceable by the end user at any time during the lifetime of the product using commercially available tools. LMT batteries should be readily removable and replaceable by an independent professional.
Industrial batteries with a capacity greater than 2 kWh, all LMT batteries and EV batteries will require a ‘battery passport’. The information to be included is provided in Annex XIII. This includes general details concerning the performance of the battery along with details of the battery’s composition and life cycle. This should be updated with data from its use. The battery passport should be accessible through a QR code.
General CE marking principles apply. These include the declaration of conformity, technical file, and defined roles for notified bodies and authorised representatives. Notified bodies are mandatory for certain aspects and are required to carry out third party verifications. These include ensuring operators fulfil their due diligence obligations (for economic operators with a turnover of EUR 40 million or greater), manage their carbon footprint appropriately (EV, LMT and industrial batteries >2 kWh) and deal with waste and recycled content correctly. The batteries should also be labelled appropriately, including general information on the battery, the separate collection symbol, and a QR code linking to the battery passport (if applicable). Batteries containing more than the allowed amounts of Cadmium or Lead require labelling of the chemical symbol (Cd or Pb) for the metal concerned.
The directive outlines a series of safety parameters that stationary battery energy storage systems must meet in Annex V. These involve a series of tests that ensure the batteries can deal with foreseeable misuse or non-ideal conditions, including changes in temperature, incorrect charging methods, short circuits and mechanical damage.
Due Diligence
Economic operators that place batteries on the market are required to fulfil their ‘due diligence’ obligations. This involves considering the environmental and social impacts associated with the acquisition of raw materials for use in batteries. Annex X gives a list of things to consider. These include damage to wildlife, plants and soil, pollution of water and air, along with violations of human rights in the mining process.
There is no definitive definition of due diligence, however the directive highlights actions an operator can take to ensure that they do not commit any offences. It must be ensured that suppliers are made aware of the associated social and environmental risks and that standards meet the internationally recognised norm (Annex X). Evidence of top level management overseeing the due diligence policy should be visible. Risk management measures should be incorporated into contracts with suppliers and transparency in supply chains should be established.
Due diligence requires third party verification which can be undertaken by a notified body. The appropriate documentation is required. This should include details about the supplier and the country of origin of the raw material. A report on the due diligence policy needs to be made annually.