Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries

Key facts

Scope and who must comply

The regulation covers all batteries placed on the market or put into service in the EU, regardless of shape, volume, weight, design, material composition, chemistry, use or purpose. It defines five categories:

• Portable batteries: sealed batteries under 5 kg, not designed for industrial use and not EV, LMT or SLI batteries (the typical consumer battery).
• SLI batteries: batteries designed for starter, lighting or ignition in vehicles.
• LMT batteries: batteries for light means of transport such as e-bikes and e-scooters (under 25 kg).
• Electric vehicle (EV) batteries: batteries for traction in hybrid and electric road vehicles.
• Industrial batteries: batteries designed for industrial uses, including those used for energy storage.

Obligations fall on manufacturers, authorised representatives, importers, distributors, fulfilment service providers and producers (the extended producer responsibility concept, which for distance sellers can mean the non-EU seller itself where no EU-based producer exists). Businesses that incorporate batteries into appliances, vehicles or equipment are also affected: the battery inside the product must comply, and removability rules constrain product design.

Key obligations and timeline

The regulation applies in stages. Headline dates businesses must plan around:

Sustainability requirements. The regulation restricts mercury (0.0005% by weight), cadmium (0.002%) and lead (0.01%, applying from 18 August 2024) in batteries. It introduces carbon footprint declarations and performance classes for EV, rechargeable industrial and LMT batteries, followed by maximum carbon thresholds set through delegated acts. Minimum recycled content targets for cobalt, lead, lithium and nickel in industrial, EV, LMT and SLI batteries apply from 2031 and tighten in 2036.

Removability and replaceability. From 18 February 2027, portable batteries incorporated in appliances must be readily removable and replaceable by the end user with commercially available tools, without requiring proprietary tools (unless provided free of charge), thermal energy or solvents. This has major design implications for consumer electronics.

Due diligence. From 18 August 2025, economic operators placing batteries on the market must have battery due diligence policies addressing social and environmental risks in the sourcing of cobalt, natural graphite, lithium and nickel, aligned with international instruments and verified by a notified body.

Labelling and information. Batteries must carry labels with general information (manufacturer details, battery category, manufacturing place and date, weight, capacity, chemistry), and from 18 February 2027 a QR code giving access to the battery passport. Separate collection marking (crossed-out wheeled bin) continues for waste battery streams.

The battery passport

From 18 February 2027, LMT batteries, industrial batteries above 2 kWh and EV batteries must have an electronic battery passport: a digital record linked to the individual battery via the QR code, containing information on the battery's characteristics, carbon footprint, materials and supply chain. The passport system is the precursor to the broader digital product passport framework under the Ecodesign for Sustainable Products Regulation, and businesses should design data systems now so the required information is available when the duty bites.

Conformity process

The regulation uses NLF-style conformity assessment:

1. The manufacturer assesses the battery against the applicable sustainability, safety, labelling and information requirements.
2. Harmonised standards published in the Official Journal give presumption of conformity.
3. Conformity assessment follows the modules in Annex VIII: internal production control (Module A) based on the technical documentation, or EU-type examination (Module B) plus conformity to type (Module C), or full quality assurance (Module H1), depending on the requirements concerned. Due diligence policies are verified by a notified body.
4. The manufacturer draws up the EU Declaration of Conformity, affixes the CE marking and keeps technical documentation for 10 years.

Safety requirements

Alongside sustainability, the regulation sets safety requirements for stationary battery energy storage systems, LMT and EV batteries: they must be designed and manufactured to minimise safety risks, with protection against overheating, thermal runaway, mechanical damage and short circuits. Safety testing follows harmonised standards and the manufacturer's risk assessment. For businesses integrating batteries into products, this means battery safety documentation must be available as part of the host product's own conformity file, and any battery management system behaviour relevant to safety should be covered by the technical documentation.

Extended producer responsibility and waste batteries

Producers of batteries must register in each member state where they first make batteries available (Article 55), including distance sellers, who must appoint an authorised representative for EPR where they have no establishment in the member state. Producers must finance and organise the separate collection, treatment and recycling of waste batteries, meeting binding collection targets (63% of portable batteries by end 2027, 73% by end 2030; LMT targets of 51% by 2028 and 61% by 2031). Treatment must use best available techniques and meet minimum recycling efficiencies and material recovery levels set in the regulation.

Enforcement and penalties

• Member states must lay down penalties that are effective, proportionate and dissuasive.
• Market surveillance authorities can order corrective measures, withdrawal and recall of non-compliant batteries.
• EPR enforcement is national: selling batteries in a member state without producer registration can lead to sales bans and fines.
• Due diligence verification by notified bodies adds a third-party check on supply chain claims.

Staying current

1. Track delegated acts on carbon footprint methodology, performance classes and maximum thresholds; these determine the real stringency of the sustainability duties.
2. Prepare battery passport data systems well before February 2027; the data collection burden is significant.
3. Review product design against the 2027 removability rules now, since redesign cycles are long.
4. Confirm EPR registration in every member state of sale, including via authorised representatives for distance sales.
5. Treat the regulation as a data regulation as much as a product regulation: carbon, recycled content, due diligence and passport duties all depend on supply chain data you should start collecting now.

Frequently asked questions

Does the regulation apply to the battery inside my product, or only to standalone batteries? Both. Batteries incorporated into appliances, equipment or vehicles must comply, and the removability rules directly constrain how you design the host product.

I sell battery-containing products online to EU customers from outside the EU. Do I need EPR registration? Yes. Distance sellers are treated as producers and must register in each member state where they make batteries available, appointing an authorised representative for EPR purposes where they have no local establishment.

What is the battery passport, in practical terms? An electronic record for each LMT, large industrial or EV battery, accessible by scanning the QR code on the battery from 18 February 2027. It carries data on characteristics, carbon footprint, materials and supply chain. Businesses need data systems capable of generating and maintaining it.

Do I need a notified body? It depends on the requirement. Sustainability and safety requirements use Modules A, B+C or H1; due diligence policies must be verified by a notified body. Check Annex VIII against each applicable requirement.

Are there substance bans? The regulation restricts mercury, cadmium and lead content. Broader chemical restrictions continue to apply through REACH and product-specific law.

Sources

• Regulation (EU) 2023/1542 concerning batteries and waste batteries (official text): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R1542
• European Commission: batteries (policy and implementation): https://environment.ec.europa.eu/topics/waste-and-recycling/batteries_en