In July 2023, the European Union officially released the new Battery Regulation (EU) 2023/1542. This battery regulation is the first legal document in the form of regulations that specifically regulates the entire lifecycle of batteries. It covers various stages, including battery production, use, reuse, and recycling. The regulation also revises the EU Waste Directive 2008/98/EC and the Market Surveillance Regulation (EU) 2019/1020, while repealing the original Battery Directive 2006/66/EC. It came into effect on August 17, 2023.
The new Battery Regulation introduces a series of requirements such as the prohibition of substances, carbon footprint, sustainability and safety, labeling, due diligence, battery passport, and management of waste batteries. Simultaneously, it elaborately specifies the responsibilities and obligations of manufacturers, importers, and distributors of batteries and products containing batteries. It establishes compliance assessment procedures and market surveillance requirements.
Key Points of the Regulation
01.Applicability to Five Battery Categories:
● Portable Batteries: Those not specifically designed for industrial purposes, sealed, with a weight not exceeding 5 kg, excluding batteries for electric vehicles (EVs), large industrial batteries (LMT), or starting, lighting, and ignition batteries (SLI).
● Starting, Lighting, and Ignition Batteries (SLI Batteries): Batteries used for vehicle ignition, lighting, or starting, or auxiliary or backup batteries on vehicles, other transport, or mechanical transport equipment.
● Electric Vehicle Batteries: Batteries providing power for Class L hybrid or electric vehicles with a weight exceeding 25 kg, and batteries providing power for Class M, N, or O hybrid or electric vehicles.
● Light Means of Transport Batteries (LMT Batteries): Sealed batteries with a weight not exceeding 25 kg, providing power for wheeled vehicles, including Class L vehicles.
● Industrial Batteries: Batteries designed for industrial purposes, or batteries intended for industrial use after reuse, or other batteries with a weight exceeding 5 kg but not classified as electric vehicle batteries, LMT batteries, or SLI batteries.
02.Sustainability and Safety Requirements for Batteries
(1) Prohibition of Substances Requirements:
● Compliance with the prohibited substance requirements listed in Annex XVII of the EU REACH Regulation (EC/1907/2006).
● Compliance with the prohibited substance requirements in Article 4(2)(a) of the EU End-of-Life Vehicles Directive (2000/53/EC).
● Prohibited substance requirements in Annex I of the new Battery Regulation: Mercury—mercury content in all batteries not exceeding 0.0005%, Cadmium—cadmium content in portable batteries (excluding those for emergency and medical purposes) not exceeding 0.002%, Lead—lead content in portable batteries not exceeding 0.01%.
(2) Carbon Footprint Requirements:
Electric vehicle batteries, LMT batteries, and rechargeable industrial batteries (2 KWh and above) need to gradually implement carbon footprint requirements, with specific implementation dates as follows:
The calculation of the carbon footprint should be based on the basic elements provided in Annex II of the new Battery Regulation, in accordance with the latest version of the European Union Product Environmental Footprint (PEF) methods and Product Environmental Footprint Category Rules (PEFCR) requirements.
(3) Recycling Requirements:
Starting from August 18, 2028, for electric vehicle batteries, SLI batteries, and rechargeable industrial batteries (2 KWh and above) containing active materials such as cobalt, lead, lithium, nickel, etc., accompanying technical documents should include the percentage information and recycling information for cobalt, lithium, and nickel in the active materials, as well as the percentage information and recycling information for lead in the batteries.
Starting from August 18, 2031, the recovery rates from the active material waste of batteries from all manufacturers and models should not be lower than: cobalt 16%, lead 85%, lithium 6%, nickel 6%. Starting from August 18, 2036, these recovery rates should not be lower than: cobalt 26%, lead 85%, lithium 12%, nickel 15%.
(4) Electrochemical Performance and Durability Requirements:
Starting from August 18, 2024, electric vehicle batteries, rechargeable industrial batteries (2 KWh and above), and LMT batteries must be accompanied by technical documents containing electrochemical performance and durability parameters.
(5) Disassembly and Replaceability:
All portable batteries should adopt a design that allows for the easy disassembly of the battery without the need for special tools (such as solvents or heating) or training, enabling consumers to dismantle, extract, or replace the battery on their own. For all LMT batteries, they should be easily disassembled and replaced by professionals.
(6) Safety:
For fixed battery energy storage systems, starting from August 18, 2024, their safety during operation should be demonstrated in the accompanying technical documents.
03 .Labeling, Marking, and Information Requirements
(1) General Information:Starting from August 18, 2026, all batteries should have labels affixed with ten pieces of information, including manufacturer information, battery type, chemical composition, and other harmful substances excluding lead, cadmium, and mercury.
(2) Capacity Information:Starting from August 18, 2026, rechargeable portable batteries, LMT batteries, and SLI batteries should have labels indicating capacity information. Non-rechargeable portable batteries should also indicate the minimum average continuous discharge time and specify "Non-rechargeable."
(3) Separate Collection Symbol:Starting from August 18, 2025, all batteries should have a separate collection symbol affixed. If the cadmium content exceeds 0.002% or the lead content exceeds 0.004%, corresponding chemical element symbols (Cd or Pb) should be added below the "trash bin" symbol.
(3) QR Code:Starting from February 18, 2027, all batteries should be equipped with a QR code.
04 .Digital Battery Passport
Starting from February 18, 2027, every LMT battery, industrial battery with a capacity exceeding 2 KWh, and electric vehicle battery entering the EU market should have an electronic record (digital passport). The battery passport should include information related to the battery model and specific information about individual batteries, accessible through the provided QR code.
Digital Battery Passport Requirements:
Information uniqueness
Data accuracy (including manufacturer information, carbon emission information, recycled material information, inspection certification information, etc.)
Development based on open standards in an interactive format
Association of new passports with original passports after reuse or remanufacturing
Non-existence of the battery passport after battery recycling.
Challenges and Responses Summary
The power batteries used in electric vehicles are one of the main battery categories targeted by the new Battery Regulation. The regulation sets clear requirements for sustainability topics such as carbon footprint, battery recycling, the use of recycled materials, due diligence, and introduces the concept of a battery passport. The information disclosure required by the battery passport involves core technical data and information about the supply chain, raising issues related to data security. This poses significant challenges for both China's electric vehicle manufacturers and battery producers.
For Chinese new energy vehicle companies and power battery enterprises, it is crucial to focus on compliance requirements related to battery carbon footprint, sustainability and safety, label information, waste battery management, and battery passport. They should grasp the implementation nodes in each aspect and proactively formulate targeted measures as early as possible.
Shenzhen Max Power Company hereby notifies that customers from EU member countries, when purchasing lithium batteries from SZMP, are advised to communicate with us in advance and confirm compliance with the new EU regulation (EU) 2023/1542.
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