Sustainability rules for batteries and waste batteries

SUMMARY OF:

Regulation (EU) 2023/1542 concerning batteries and waste batteries

WHAT IS THE AIM OF THE REGULATION?

It aims to ensure that, in the future, batteries have a low carbon footprint, use minimal harmful substances, need fewer raw materials from non-European Union (EU) countries and are collected, reused and recycled to a high degree within the EU.
The regulation is part of the EU’s shift to a circular economy, an important aspect of the European Green Deal (see summary), and will increase security of supply for raw materials and energy, along with enhancing the EU’s strategic autonomy and competitiveness.

KEY POINTS

Scope

The regulation applies to all batteries, including all:

portable batteries;
electric vehicle (EV) batteries;
industrial batteries;
starting, lighting and ignition batteries (used mostly for vehicles and machinery); and
batteries for light means of transport (LMT) such as electric bikes, e-mopeds and e-scooters.

Targets

It sets out rules covering the entire life cycle of batteries. These include:

waste collection targets for producers of portable batteries – 63% by the end of 2027 and 73% by the end of 2030;
waste collection objectives for LMT batteries – 51% by the end of 2028 and 61% by the end of 2031;
targets for lithium recovery from waste batteries – 50% by the end of 2027 and 80% by the end of 2031 – which can be amended to take into account market and technological developments and the availability of lithium;
targets for the recovery of cobalt, copper, lead and nickel – 90% by the end of 2027 and 95% by the end of 2031;
minimum levels of recycled content for industrial batteries, starting, lighting and ignition batteries and EV batteries – 16% for cobalt, 85% for lead, 6% for lithium and 6% for nickel from 18 August 2031;
recycling efficiency targets – 80% for nickel-cadmium batteries, 75% for lead-acid batteries, 65% for lithium-based batteries and 50% for other waste batteries, by the end of 2025; for lead-acid batteries and lithium-based batteries, additional higher targets are set from the end of 2030;
a requirement that portable batteries incorporated into appliances should be removable and replaceable by the end user by 2027;
a requirement that LMT batteries will need to be replaceable by an independent professional.

Safety, sustainability and labelling

Companies must identify, prevent and address social and environmental risks linked to the sourcing, processing and trading of raw materials such as lithium, cobalt, nickel and natural graphite contained in their batteries.
The regulation includes performance, durability and safety criteria which cover restrictions on hazardous substances like mercury, cadmium and lead, and mandatory information on the carbon footprint of batteries.
Information and labelling covering matters such as battery components and recycled content will be required in the form of a QR code and, for LMT, industrial and EV batteries, a ‘battery passport’. Labelling requirements will apply from 2026 and the QR code from 2027.

The regulation amends Directive 2008/98/EC on waste management (see summary) and Regulation (EU) 2019/1020 on market surveillance and compliance of products (see summary). It repeals Directive 2006/66/EC on the disposal of spent batteries (see summary) from 30 June 2027.

FROM WHEN DOES THE REGULATION APPLY?

The regulation has applied since18 February 2024 with the exception of certain specified rules.

BACKGROUND

For further information, see:

Batteries (European Commission).

MAIN DOCUMENT

Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, pp. 1–117).

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