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Regulation Procedure 2023/1542/COD will formally take effect on February 18, 2024 — officially replacing the Battery Directive of 2006 and amending Directive of 2008 and Regulation 2019/1012. While the original intention of this legislation was to establish a circular battery market by enforcing sustainable procurement and disposal practices, the final version has evolved to encompass a much broader scope.

In addition to circularity requirements, the regulation also introduces specific rules governing various types of batteries, including electric vehicle batteries, energy storage systems, and e-bike batteries. Furthermore, it imposes stricter production parameters for manufacturers looking to sell batteries within the EU market.

An Overview of Regulation (EU) Procedure 2023/1542/COD

  • The new legislation imposes supply chain due diligence on all battery manufacturers, producers, importers, and distributors operating within the EU market. It also establishes requirements for economic operators that put batteries into service within the EU.
  • The new regulation applies to all batteries sold in the EU — including portable batteries, ready-to-use battery modules, industrial batteries, electric vehicle batteries, and “starting, lighting, and ignition” (SLI) batteries, as well as “light means of transport” batteries that are found in e-bikes, e-mopeds, and e-scooters.
  • It also pertains to batteries that are designed to be incorporated into products, such as electronic tablets, or added to products for operation, such as power tools.
  • The new legislation defines detailed requirements related to sustainability, safety, labelling, and marking. It also identifies minimum requirements for extended producer responsibility and addresses the collection, treatment, and reporting of waste batteries.

Marking Requirements

Under the new regulation, all batteries — whether used in a product or supplied separately — need to obtain the CE mark.

To obtain the CE mark, battery manufacturers must conduct a CE conformity assessment specific to the new battery regulation. This assessment will be based on how the battery will be used and this will be in addition to any other applicable CE marking directives. For portable and industrial batteries with a capacity of less than 2 kWh, this process involves a self-certification. For all other batteries, a notified body — such as CSA Group — must be involved.

The rules surrounding the CE conformity assessment and CE markings will generally come into effect on August 18, 2024. Initially, the CE marking requirements will focus primarily on health and safety information. In 2026, these markings will also need to include information on the battery’s carbon footprint and recycled content.

Labelling Requirements

The regulation introduces new labelling requirements for batteries sold within the EU, including:

Carbon Footprint Declaration: All EV batteries, LMT batteries, and rechargeable industrial batteries with a capacity of more than 2 kWh must have a “clearly legible and indelible” carbon footprint declaration and label. This declaration should indicate the levels of recycled cobalt, lead, lithium, and nickel used in the battery production.

CE Mark: When including the CE mark on batteries included in a device, the mark should be affixed directly on the device in a clearly visible and legible manner. This represents a change in some parts of the EU and Germany, where manufacturers were previously required to affix the CE mark to the battery itself, rather than the overall device.

The labelling and information requirements will apply on August 18, 2026.

QR Code Linked to Battery Passport: Every industrial battery (with a capacity of more than 2 kWh), EV battery, and LMT battery must include a QR code that links to its electronic battery passport. This passport is designed to enhance transparency along the supply and value chains by including general information about the battery, such as the manufacturer’s name and geographical location, as well as the battery’s data sheet.

The battery passport QR Code will come into effect on February 18, 2027.

Documentation Requirements

Under the new regulation, every industrial battery with a capacity of more than 2kWh, EV battery, and LMT battery will require a battery passport. The passport is an electronic ledger designed to improve transparency within the supply and value chains associated with each battery.

The ledger, which anyone can access via the afore-mentioned QR code affixed to the battery, must include information covering six crucial areas:

General Product and Manufacturer Information

  • Manufacturer name and identifiers
  • Battery category
  • Geographic location of the battery manufacturing plant
  • Date of manufacture (month and year)
  • Weight
  • Capacity
  • Battery status

Carbon Footprint

  • Declared carbon footprint
  • Share of battery’s carbon footprint at different life cycle stages
  • Carbon footprint performance class
  • Web link to public carbon footprint study
  • Administrative information about the manufacturer
  • Details about the geographic location of the battery manufacturing facility
  • Information about the battery model for which the declaration applies

Supply Chain Due Diligence

  • A due diligence report that provides documentation on three main elements:
    • Annual report on due diligence policies
    • A risk management plan for the economic operator’s management system
    • Third-party verification of battery due diligence policies

Materials and Composition

  • Details about the battery’s chemistry
  • Identification of hazardous substances present in the battery (excluding mercury, cadmium, or lead)
  • A list of critical raw materials found in the battery exceeding a concentration of more than 0.1% weight by weight

Circularity and Resource Efficiency

  • Information about dismantling procedures
  • Part numbers for components
  • Sources for replacement spares
  • Safety measures
  • Usable extinguishing agent

Performance and Durability

  • Manufacturers must disclose approximately 40 separate data attributes in this section, with certain attributes being mandatory for specific battery categories
  • Data is categorized into static (pre-use) and dynamic (in-use) attributes, covering aspects of performance and durability

Testing Requirements

To ensure a battery meets the regulation’s new safety parameters, it must pass a series of tests, including:

  • Thermal shock and cycling
  • External short circuit protection
  • Overcharge protection
  • Over-temperature protection
  • Thermal propagation protection
  • Resistance to mechanical damage by external forces
  • Internal short circuit
  • Thermal abuse
  • Fire test
  • Emission of gases

CSA Group Testing Services

If you are a battery manufacturer currently serving the EU market or planning to do so in the future — it is crucial to have a strong understanding of the new requirements and be prepared to meet them in a timely manner.

While the new regulation officially comes into effect on February 18, 2024, the initial transition from the existing battery directive will involve minimal changes. However, be aware that new obligations and requirements will be progressively introduced in the months and years ahead.

As you navigate this evolving regulatory landscape, you can rely on CSA Group to meet your testing needs. We can conduct a wide range of tests required under the new EU Battery Regulation, including conformity assessments, battery safety tests, and others. To learn more, contact us.