The European Union has made substantial amendments to its regulations concerning batteries and waste batteries, as outlined in Regulation (EU) 2023/1542. Published in the Official Journal of the European Union on July 28, 2023, this regulation modifies Directive 2008/98/EC and Regulation (EU) 2019/1020, while repealing Directive 2006/66/EC. These changes, which came into force on August 17, 2023, will have significant implications for the battery industry in the EU.

Scope and specifics of the regulation:

1. Applicability across various battery types:

The Regulation applies to all battery categories manufactured or imported and placed on the market or put into service in the EU, including:

• Portable batteries
• Starting, lighting, and ignition batteries (SLI)
• Light means of transport batteries (LMT)
• Electric vehicle batteries
• Industrial batteries

It also applies to batteries incorporated into products or added to them. Products with non-separable battery packs are also under this regulation's scope.

2. Regulations on non-separable battery packs

Products marketed as non-separable battery packs, which cannot be split up or opened by end-users, are subject to the same regulatory requirements as individual batteries.

3. Categorization and compliance

• For batteries falling under multiple categories, the category with the strictest requirements will apply.
• Batteries that can be assembled by end-users using DIY kits are also regulated under this provision.

4. Comprehensive requirements and provisions

• The regulation mandates sustainability and safety requirements, clear labeling and marking, and detailed information on battery conformity.
• It outlines conformity assessment procedures and defines the responsibilities of economic operators.

5. Informative Annexes

Annexes cover a wide range of essential guidance including:

• substance restrictions
• carbon footprint calculations
• electrochemical performance and durability parameters for portable batteries of general use
• electrochemical performance and durability requirements for LMT batteries, industrial batteries with a capacity greater than 2 kWh and electric vehicle batteries
• safety standards
• health state and expected lifetime of batteries
• recuired contents of the EU declaration of conformity
• lists of raw materials and risk categories
• calculation of collection rates for waste portable and LMT batteries
• storage, treatment and recycling requirements
• required battery passport contents
• minimum requirements for used battery shipments

Notable timelines and transitional provisions

The Regulation (EU) 2023/1542, while officially entering into force on August 17, 2023, has set a staggered timeline for the application of its various provisions to ensure a smooth transition for stakeholders. The full applicability of the regulation is scheduled for February 18, 2024, but specific clauses have different implementation timelines, as detailed below:

1. Postponed Application of Certain Articles

• Article 11 (Removability and replaceability of portable batteries and LMT batteries) will only become applicable from February 18, 2027
• Article 17 and the entirety of Chapter VI (Conformity assessment procedures) are postponed to August 18, 2024
• The implementation of conformity assessment procedures concerning the requirements in Articles 7 and 8 is deferred for 12 months following the first publication of the list mentioned in Article 30(2).
• Chapter VIII (Management of waste batteries) is delayed until August 18, 2025.

2. Continued Application of Directive 2006/66/EC:

Despite the new regulation, Directive 2006/66/EC remains effective until August 18, 2025, with specific provisions extending beyond this date:

• Article 11 (Removal of waste batteries and accumulators) continues until February 18, 2027.
• Article 12(4) and (5) (Treatment and recycling) remain in force until December 31, 2025. However, the obligation for the transmission of data to the Commission under this article is extended until June 30, 2027.
• Article 21(2) (Labeling) continues to apply until August 18, 2026.

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For a comprehensive understanding of these regulatory changes and their potential impact, you can access the full text of Regulation (EU) 2023/1542 here.

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The information has been prepared by the GMA Consult Group team.‍

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