EU Battery Regulation (EU) 2023/1542 – Complete Guide for Manufacturers

Introduction

The European battery industry is undergoing its most significant regulatory transformation in decades. With the adoption of Regulation (EU) 2023/1542 concerning batteries and waste batteries, the European Union has introduced a comprehensive legal framework that fundamentally changes how batteries are designed, manufactured, marketed, used, collected, recycled, and managed throughout their entire life cycle.

Unlike the previous Battery Directive 2006/66/EC, which required implementation into national legislation by each Member State, the new Battery Regulation is directly applicable across the European Union. This creates a harmonized regulatory framework intended to reduce legal fragmentation, strengthen market surveillance, improve sustainability, and support the European Green Deal and Circular Economy Action Plan.

The regulation is not simply another product compliance requirement. Instead, it introduces a life-cycle approach that addresses every stage of a battery’s existence—from raw material sourcing and manufacturing to product performance, carbon footprint, safety, repairability, recycling, and end-of-life management. It also establishes new responsibilities for manufacturers, importers, distributors, authorized representatives, and other economic operators placing batteries or battery-powered products on the European market.

For many manufacturers, compliance with the Battery Regulation extends far beyond battery chemistry or transportation requirements. Companies must now consider topics such as:

Battery categorization
CE conformity assessment
Technical documentation
Product performance and durability
Carbon footprint declarations
Minimum recycled content
Digital Battery Passports
Labelling and QR code requirements
Removability and replaceability
Due diligence obligations
Extended Producer Responsibility (EPR)
Collection and recycling targets
Supply chain transparency

Many of these obligations are introduced gradually over several years, requiring manufacturers to prepare well before the applicable deadlines become mandatory. Failure to comply may ultimately prevent batteries—or products containing batteries—from being legally placed on the EU market.

Why This Guide Matters

The Battery Regulation affects far more companies than traditional battery manufacturers.

If your company develops, imports or sells products containing rechargeable or non-rechargeable batteries, the regulation may apply to your business.

Examples include:

Consumer electronics
Wireless devices
IoT products
Medical devices
Industrial equipment
Portable tools
Test and measurement equipment
Energy storage systems
E-bikes and e-scooters
Electric vehicles
Backup power systems
Home automation products
Robotics
Smart home devices

Even companies that purchase complete battery packs from suppliers remain responsible for ensuring that the products they place on the European market comply with the applicable legal requirements.

From Product Safety to Product Sustainability

Historically, battery legislation focused primarily on restricting hazardous substances and improving waste collection.

Regulation (EU) 2023/1542 significantly expands this approach.

The new framework combines traditional product compliance requirements with broader sustainability objectives by introducing rules covering:

Traditional Focus	New EU Battery Regulation
Product safety	Product safety and sustainability
Waste collection	Full battery life-cycle management
Recycling	Recycled content requirements
Chemical restrictions	Carbon footprint declarations
National implementation	Harmonized EU regulation
Limited traceability	Digital Battery Passport
Waste management	Supply chain due diligence
End-of-life obligations	Circular economy throughout the entire life cycle

This shift reflects the European Union’s objective of creating a more sustainable battery value chain while reducing dependence on critical raw materials and increasing transparency throughout global supply chains. These objectives are closely aligned with the European Green Deal and the EU Circular Economy Action Plan.

A Regulation with Gradual Implementation

Although the Regulation entered into force in August 2023 and generally became applicable on 18 February 2024, many of its requirements are introduced in phases over several years.

Some obligations already apply today, while others will become mandatory between 2025 and 2036 through staged implementation and delegated acts published by the European Commission.

Examples include:

Requirement	Initial Application
General application of the Regulation	18 February 2024
CE conformity assessment for batteries	18 August 2024
Extended Producer Responsibility (EPR) provisions	18 August 2025
Carbon footprint requirements	From 2025/2026 depending on battery type
Digital Battery Passport	From 2027 for applicable battery categories
Removability and replaceability requirements	18 February 2027
Performance and durability requirements	Phased implementation from 2027 onwards
Mandatory recycled content thresholds	From 2031

Several of these obligations depend on battery category and may only become applicable after the publication of implementing or delegated acts by the European Commission. Manufacturers should therefore monitor future regulatory developments in addition to the Regulation itself.

What This Guide Covers

This guide provides a practical overview of Regulation (EU) 2023/1542 and explains the most important compliance requirements for manufacturers, importers and other economic operators.

Topics covered include:

Scope of the Regulation
Battery categories
Products affected
Manufacturer responsibilities
CE marking requirements
Conformity assessment procedures
Performance and durability requirements
Carbon footprint declarations
Battery Passport requirements
Labelling obligations
Recycled content requirements
Due diligence obligations
Extended Producer Responsibility (EPR)
Collection and recycling targets
Applicable timelines
Relationship with other EU product legislation
Frequently asked questions

Rather than reproducing the legal text article by article, this guide explains the Regulation from a practical perspective, helping manufacturers understand how the various requirements fit together and what they mean for placing batteries and battery-powered products on the European market.

Chapter 2 – What is the EU Battery Regulation (EU) 2023/1542)?

The EU Battery Regulation (EU) 2023/1542 is the European Union’s comprehensive legal framework governing batteries throughout their entire life cycle. It establishes harmonized rules for the design, production, placing on the market, use, collection, recycling and end-of-life management of batteries sold within the European Union.

The Regulation was adopted by the European Parliament and the Council of the European Union on 12 July 2023, published in the Official Journal of the European Union on 28 July 2023, entered into force on 17 August 2023, and became generally applicable on 18 February 2024.

Unlike its predecessor, the new Regulation introduces legally binding sustainability, safety and performance requirements that apply directly across all EU Member States without requiring national implementation.

From Directive to Regulation

For many years, batteries placed on the European market were regulated under Directive 2006/66/EC, commonly referred to as the EU Battery Directive.

Although the Directive established important requirements regarding hazardous substances, battery collection and recycling, each Member State was responsible for implementing the Directive into its own national legislation. As a result, manufacturers frequently faced different administrative procedures, registration systems and enforcement practices across Europe.

To eliminate these inconsistencies, the European Union replaced the Directive with a Regulation.

Unlike a Directive, an EU Regulation applies directly in every Member State. This creates a harmonized legal framework and reduces differences between national implementation rules.

Battery Directive (2006/66/EC)	Battery Regulation (EU) 2023/1542
Required national implementation	Directly applicable in all EU Member States
Focused mainly on waste management	Covers the complete battery life cycle
Limited sustainability requirements	Comprehensive sustainability framework
No carbon footprint requirements	Mandatory carbon footprint obligations
No Battery Passport	Digital Battery Passport introduced
Limited product information requirements	Extensive labelling and digital information requirements
Different national administrative procedures	Harmonized legal framework

The transition from a Directive to a Regulation represents one of the most significant legislative changes affecting the European battery industry in recent years.

Objectives of the Regulation

The Battery Regulation supports several strategic objectives of the European Union.

Its primary purpose is not only to improve battery safety but also to create a sustainable and competitive European battery value chain.

The Regulation aims to:

improve the sustainability of batteries throughout their entire life cycle;
reduce the environmental impact associated with battery production and disposal;
promote the efficient use of critical raw materials;
strengthen the circular economy by increasing recycling and material recovery;
improve transparency throughout the battery supply chain;
establish harmonized requirements across the European Union;
encourage the development of higher-performing and longer-lasting batteries;
increase consumer confidence through improved product information;
reduce greenhouse gas emissions associated with battery production;
support the European Union’s climate neutrality objectives.

These objectives are closely aligned with the European Green Deal, the Circular Economy Action Plan, the Critical Raw Materials Strategy, and the EU’s long-term objective of achieving climate neutrality by 2050.

A Life-Cycle Approach

One of the most significant changes introduced by Regulation (EU) 2023/1542 is its life-cycle approach.

Rather than regulating only the placing of batteries on the market or their disposal, the Regulation establishes requirements covering every stage of a battery’s existence.

These stages include:

Raw material sourcing
Battery design and manufacturing
Product performance and durability
Safety requirements
Carbon footprint
Recycled content
CE conformity assessment
Labelling and product information
Digital Battery Passport
Distribution and placing on the market
Repairability and replaceability
Collection of waste batteries
Recycling and material recovery
Reuse and repurposing

This comprehensive approach reflects the European Union’s intention to reduce environmental impacts while increasing resource efficiency and supporting a circular economy.

Scope of the Regulation

The Battery Regulation applies to batteries placed on the European Union market, regardless of where they are manufactured.

This means that manufacturers located outside the European Union must also comply with the Regulation when exporting batteries or battery-powered products into the EU.

The Regulation applies to batteries supplied as individual products as well as batteries incorporated into electrical and electronic equipment, vehicles and industrial systems.

It affects manufacturers, importers, distributors, authorised representatives, fulfilment service providers and other economic operators involved in placing batteries on the market.

What Does the Regulation Introduce?

Compared with previous legislation, Regulation (EU) 2023/1542 introduces numerous entirely new obligations.

Some of the most significant include:

CE Marking for Batteries

Many batteries now require a formal conformity assessment before being placed on the market and must bear the CE marking.

Carbon Footprint Declaration

Certain battery categories must include verified information regarding their carbon footprint.

Mandatory Recycled Content

Specific battery categories must contain minimum percentages of recycled cobalt, lithium, nickel and lead according to the implementation schedule established by the Regulation.

Digital Battery Passport

Large industrial batteries, electric vehicle batteries and other applicable battery categories will require a digital Battery Passport accessible through a QR code.

Performance and Durability Requirements

Manufacturers must demonstrate that applicable batteries satisfy defined performance and durability criteria.

Due Diligence Obligations

Large economic operators must establish supply chain due diligence systems addressing environmental and human rights risks associated with raw material sourcing.

Enhanced Labelling Requirements

Battery labels will include significantly more information than under previous legislation, including digital access to technical information through QR codes.

Removability and Replaceability

Certain batteries must be designed so they can be removed and replaced by end users or qualified professionals, depending on the battery category and application.

Gradual Implementation

Not all requirements become applicable simultaneously.

Instead, the Regulation introduces a phased implementation schedule extending over more than a decade.

Several provisions already apply today, while others depend on delegated acts or implementing acts adopted by the European Commission.

Manufacturers should therefore view compliance as an ongoing process rather than a single certification activity.

Early planning is particularly important for products with long development cycles, as future requirements may apply before products currently under development are placed on the market.

Why the Regulation Matters

The Battery Regulation is expected to reshape the global battery industry.

Companies supplying products to the European market must now consider not only traditional product safety requirements but also environmental performance, sustainability, transparency and circularity.

For manufacturers, compliance is no longer limited to testing and documentation. It increasingly requires coordination between engineering, regulatory affairs, procurement, sustainability teams, suppliers and quality management.

As additional delegated acts and harmonised standards become available, the regulatory framework will continue to evolve, making continuous monitoring an essential part of product compliance.

Chapter 3 – Which Batteries Are Covered by the EU Battery Regulation?

One of the first steps in determining compliance with Regulation (EU) 2023/1542 is identifying the correct battery category.

The Battery Regulation introduces a harmonized classification system based on the intended application of a battery rather than solely on its chemical composition or construction. Each battery category is subject to specific regulatory requirements, implementation timelines and obligations.

Understanding these categories is essential because requirements such as CE marking, carbon footprint declarations, recycled content, Battery Passports and performance criteria may apply differently depending on the battery type.

Battery Categories

Regulation (EU) 2023/1542 defines five main battery categories.

Battery Category	Typical Applications
Portable Batteries	Consumer electronics, wireless devices, toys, cameras, flashlights, remote controls
Starting, Lighting and Ignition (SLI) Batteries	Cars, motorcycles, commercial vehicles
Light Means of Transport (LMT) Batteries	E-bikes, e-scooters, electric skateboards and similar vehicles
Electric Vehicle (EV) Batteries	Hybrid and electric passenger vehicles, buses and trucks
Industrial Batteries	Industrial equipment, UPS systems, energy storage systems (ESS), machinery, robotics and professional equipment

Each category has its own definitions and regulatory obligations.

Portable Batteries

Portable batteries are the most common battery category and are used in a wide variety of consumer and professional products.

A battery is generally considered portable if it:

is sealed;
weighs 5 kg or less;
is not specifically designed for industrial use;
is not an EV battery, an LMT battery or an SLI battery.

Examples include:

Smartphones
Tablets
Laptops
Wireless headphones
Bluetooth speakers
Remote controls
Cameras
Toys
Smoke detectors
IoT devices
Wearables
Medical devices
Portable measuring equipment

Many products placed on the market today fall into this category.

Starting, Lighting and Ignition (SLI) Batteries

SLI batteries are designed primarily to provide electrical energy for:

Starting an engine
Vehicle lighting
Ignition systems

Typical examples include:

Passenger vehicles
Motorcycles
Trucks
Agricultural machinery
Construction equipment

Although these batteries are generally associated with lead-acid technology, the Regulation applies regardless of battery chemistry.

Light Means of Transport (LMT) Batteries

The Regulation introduces a completely new battery category for Light Means of Transport (LMT).

These batteries are specifically designed for electrically powered light vehicles that are not classified as electric vehicles under automotive legislation.

Examples include:

E-bikes
E-scooters
Electric skateboards
Self-balancing scooters
Electric hoverboards
Certain electric cargo bikes

LMT batteries are subject to several requirements that differ from portable batteries, particularly regarding performance, durability, carbon footprint and the Battery Passport.

Electric Vehicle (EV) Batteries

Electric Vehicle batteries are traction batteries designed to provide propulsion energy for electric and hybrid vehicles.

Examples include:

Passenger electric vehicles
Electric vans
Electric buses
Electric trucks
Plug-in hybrid vehicles

These batteries are among the most heavily regulated under the Battery Regulation due to their size, environmental impact and strategic importance.

Requirements include:

Carbon footprint declaration
Performance information
State of Health (SoH) information
Battery Management System (BMS) data
Digital Battery Passport
Recycled content requirements

Industrial Batteries

Industrial batteries cover a broad range of applications.

They include batteries specifically designed for industrial use as well as batteries exceeding 5 kg, provided they are not classified as EV, LMT or SLI batteries.

Typical examples include:

Battery Energy Storage Systems (BESS)
UPS systems
Telecommunications backup batteries
Industrial robots
Manufacturing equipment
Forklifts
Medical equipment
Renewable energy storage
Solar storage systems
Professional machinery

Industrial batteries play a key role in the European energy transition and therefore receive particular attention within the Regulation.

General-Purpose Portable Batteries

Within the portable battery category, the Regulation also identifies General-Purpose Portable Batteries.

These include commonly used consumer battery formats such as:

AA
AAA
AAAA
C
D
9V (PP3)
Button cells
3R12 batteries
A23 batteries

These batteries will be subject to minimum performance and durability requirements introduced through delegated legislation.

Battery Chemistry Does Not Determine the Category

One common misconception is that battery categories are based on battery chemistry.

This is not the case.

The Regulation classifies batteries primarily according to their intended application.

For example:

Battery Chemistry	Possible Categories
Lithium-ion	Portable, LMT, EV or Industrial
Lithium Iron Phosphate (LiFePO₄)	Portable, Industrial or Energy Storage
Nickel Metal Hydride (NiMH)	Portable or Industrial
Lead-acid	SLI or Industrial
Nickel Cadmium (NiCd)	Industrial or Portable (limited applications)

The same chemistry may therefore fall under different regulatory requirements depending on how and where the battery is used.

Batteries Integrated into Products

The Regulation does not only apply to batteries sold separately.

It also applies to batteries incorporated into products before they are placed on the European market.

Examples include:

Smartphones
Laptops
Wireless sensors
Smart home products
Medical equipment
Power tools
Test instruments
Drones
Robots
Home appliances
Industrial machinery

Manufacturers placing these products on the market must ensure that the batteries integrated into their products comply with the applicable requirements of the Regulation.

Why Battery Classification Matters

Correct battery classification is one of the most important steps in determining compliance.

The battery category influences numerous regulatory obligations, including:

Applicable conformity assessment procedures
CE marking requirements
Performance and durability requirements
Carbon footprint declarations
Recycled content obligations
Battery Passport requirements
Labelling obligations
QR code requirements
Collection and recycling obligations
Extended Producer Responsibility (EPR)

An incorrect classification can result in applying the wrong compliance requirements, potentially leading to regulatory non-compliance and delays in placing products on the market.

Key Takeaways

The EU Battery Regulation establishes five primary battery categories, each with its own technical requirements, compliance obligations and implementation timeline.

Manufacturers should identify the correct battery category at the earliest stage of product development, as it forms the basis for determining which regulatory requirements apply throughout the product’s life cycle.

Chapter 4 – Which Products Are Covered by the EU Battery Regulation?

The EU Battery Regulation applies to far more than standalone batteries. In practice, it affects almost every manufacturer placing battery-powered products on the European market.

Whether a battery is supplied separately, integrated into equipment or permanently installed inside a product, the Regulation may apply if the product is placed on the EU market.

Many manufacturers mistakenly assume that battery compliance is the responsibility of the battery supplier. While battery manufacturers have primary obligations, companies placing battery-powered products on the market also have responsibilities under the Regulation and must ensure that the batteries incorporated into their products comply with the applicable legal requirements.

Products Covered by the Regulation

The Regulation applies to products containing both rechargeable and non-rechargeable batteries.

Examples include:

Consumer Electronics

Smartphones
Tablets
Laptops
Smartwatches
Fitness trackers
Wireless headphones
Bluetooth speakers
Digital cameras
Portable gaming consoles
E-book readers

Wireless and IoT Devices

Wi-Fi devices
Bluetooth products
Smart home systems
Wireless sensors
Smart locks
Smart thermostats
Alarm systems
Asset tracking devices
GPS trackers
Remote controls

Medical Devices

Portable diagnostic equipment
Patient monitoring devices
Infusion pumps
Hearing aids
Portable ultrasound equipment
Medical wearables
Defibrillators
Portable oxygen equipment

Medical devices may also need to comply with additional legislation such as the Medical Device Regulation (MDR).

Industrial Equipment

Industrial controllers
Measuring instruments
Data loggers
Test equipment
Industrial robots
Portable industrial tools
PLC systems
Communication equipment
Industrial sensors

Power Tools

Cordless drills
Angle grinders
Screwdrivers
Circular saws
Hedge trimmers
Lawn equipment
Construction tools

Battery Energy Storage Systems (BESS)

Large stationary battery systems are one of the most important product groups affected by the Regulation.

Typical applications include:

Residential energy storage
Commercial battery storage
Grid-scale storage
Solar energy storage
Wind energy storage
UPS systems
Backup power installations

Many of these systems fall under the Industrial Battery category.

Light Electric Vehicles

Products using LMT batteries include:

E-bikes
E-scooters
Electric skateboards
Hoverboards
Personal mobility devices

These products are subject to specific performance, durability and Battery Passport requirements.

Electric Vehicles

The Regulation also applies to batteries used in:

Passenger cars
Hybrid vehicles
Electric buses
Electric trucks
Delivery vehicles
Commercial fleets

These batteries are among the most regulated under the legislation.

Products Not Covered

The Regulation focuses on batteries and products containing batteries.

Products without batteries are generally outside its scope.

Examples include:

Wired keyboards
Wired computer mice
Passive electrical components
Standard electrical cables
Mechanical equipment without batteries

However, if a battery-powered version of the same product is placed on the market, the Regulation may become applicable.

Removable and Integrated Batteries

The Regulation applies regardless of whether the battery is:

supplied separately;
removable by the user;
replaceable by a service technician;
permanently integrated into the product.

The method of integration does not determine whether the Regulation applies.

However, it may affect specific requirements, particularly regarding removability, replaceability and repairability.

OEM and Private Label Products

Many companies place products on the market that were designed and manufactured by another company.

Typical examples include:

Private label products
OEM products
White-label products
Contract manufacturing

Even if the battery or complete product is manufactured by a third party, the company placing the product on the EU market may still have legal responsibilities under the Regulation.

Importers and manufacturers should therefore verify that:

the correct battery category has been identified;
all applicable conformity assessment procedures have been completed;
required technical documentation is available;
labelling requirements have been fulfilled;
the battery complies with applicable performance and sustainability requirements.

Products Subject to Multiple Regulations

The Battery Regulation does not replace other European product legislation.

Instead, it complements existing legal frameworks.

Depending on the product, additional legislation may apply, including:

Product	Other Applicable EU Legislation
Wireless products	Radio Equipment Directive (RED)
Electrical equipment	Low Voltage Directive (LVD)
Electronic products	EMC Directive
Machinery	Machinery Regulation
Medical devices	Medical Device Regulation (MDR)
Consumer products	General Product Safety Regulation (GPSR)
Electrical and electronic equipment	RoHS Directive
Chemical substances	REACH Regulation
Packaging	Packaging and Packaging Waste Regulation (PPWR)

Manufacturers must therefore consider the Battery Regulation as one element of the overall product compliance framework rather than as a standalone requirement.

Who Should Pay Attention?

The Regulation is particularly relevant for:

Battery manufacturers
Product manufacturers
Brand owners
Importers
Authorized representatives
Distributors
Online retailers
Fulfilment service providers
Compliance managers
Regulatory Affairs professionals
Product developers
Quality managers
Sustainability teams

Even companies that do not manufacture batteries themselves may have significant legal obligations when placing battery-powered products on the European market.

Key Takeaways

The EU Battery Regulation applies to a broad range of products containing batteries, from small consumer electronics to large industrial energy storage systems and electric vehicles.

Manufacturers should identify early whether their products fall within the scope of the Regulation and determine which battery category applies. This forms the basis for identifying all subsequent compliance obligations, including CE marking, technical documentation, sustainability requirements and end-of-life responsibilities.

Chapter 5 – Timeline and Implementation Schedule of the EU Battery Regulation

One of the most important aspects of Regulation (EU) 2023/1542 is that its requirements are not introduced simultaneously. Instead, the European Union has established a phased implementation schedule extending over more than a decade.

While the Regulation entered into force in 2023 and became generally applicable in 2024, many technical requirements depend on delegated acts, implementing acts and future implementation deadlines. This gives manufacturers time to adapt products, supply chains and compliance processes before new obligations become mandatory.

Understanding the implementation timeline is therefore essential for effective compliance planning.

Key Dates at a Glance

The following timeline summarizes the most important milestones introduced by the Regulation.

Date	Milestone
28 July 2023	Regulation (EU) 2023/1542 published in the Official Journal of the European Union
17 August 2023	Regulation enters into force
18 February 2024	Regulation becomes generally applicable throughout the EU
18 August 2024	CE conformity assessment requirements become applicable for batteries
18 August 2025	Extended Producer Responsibility (EPR) obligations begin to apply
18 February 2026	Carbon footprint declaration requirements begin for certain industrial batteries
18 August 2026	General battery information and capacity marking requirements become applicable
18 February 2027	Removability and replaceability requirements become applicable
18 February 2027	QR code requirements for many batteries become applicable
18 August 2027	Minimum performance requirements for certain industrial batteries
18 August 2028	Performance requirements for portable batteries and LMT batteries
18 August 2028	Recycled content declaration requirements
2031–2036	Mandatory recycled content thresholds introduced in several stages

Because several obligations depend on additional implementing legislation, manufacturers should regularly monitor updates published by the European Commission.

2023 – Publication of the Regulation

The Regulation was formally adopted in July 2023 and published in the Official Journal of the European Union on 28 July 2023.

From this date onward, manufacturers were able to review the final legal text and begin preparing for the upcoming changes.

Although most obligations were not yet applicable, many companies started reviewing product portfolios, supplier information and technical documentation to prepare for future requirements.

2024 – The Regulation Becomes Applicable

The Regulation became generally applicable on 18 February 2024.

This date marks the beginning of the new regulatory framework across the European Union.

Several important obligations also entered into force during 2024, including:

new battery categories;
new economic operator responsibilities;
CE conformity assessment requirements;
CE marking for applicable batteries;
safety requirements for stationary battery energy storage systems;
battery management system (BMS) information requirements;
documentation relating to battery performance and durability.

For many manufacturers, 2024 represents the beginning of the transition from the previous Battery Directive to the new Regulation.

2025 – Extended Producer Responsibility

Beginning in 2025, the Regulation introduces several important environmental obligations.

Among the most significant are:

Extended Producer Responsibility (EPR);
new waste battery management requirements;
manufacturer registration requirements;
collection obligations;
recycling responsibilities.

Manufacturers placing batteries on the European market must ensure that appropriate systems are in place for collection and end-of-life management.

Certain due diligence obligations were originally expected earlier but have since been postponed.

2026 – Carbon Footprint and Product Information

During 2026, additional sustainability requirements become applicable.

These include:

carbon footprint declarations for applicable battery categories;
additional product information requirements;
capacity markings;
expanded battery identification information.

Manufacturers should ensure that supply chain data is available to support these declarations.

2027 – Design Requirements Become Mandatory

The year 2027 introduces some of the most significant technical changes.

These include:

Removability and Replaceability

Many portable batteries must be removable and replaceable by end users.

Certain LMT batteries must be replaceable by qualified professionals.

QR Codes

Many batteries must provide digital access to regulatory information using QR codes.

Depending on the battery category, this information may include:

technical documentation;
Declaration of Conformity;
battery identification;
recycling information;
Battery Passport.

Performance and Durability

Minimum performance requirements begin to apply for several battery categories.

Manufacturers must demonstrate compliance using harmonized methods and supporting documentation.

2028 – Sustainability Requirements Continue

Several important sustainability measures are introduced during 2028.

These include:

minimum performance requirements for general-purpose portable batteries;
performance requirements for LMT batteries;
recycled content declarations for applicable battery categories.

By this stage, manufacturers are expected to have established mature compliance systems covering technical documentation, sustainability reporting and supply chain management.

2031–2036 – Mandatory Recycled Content

The final phase of implementation focuses on recycled materials.

Beginning in 2031, manufacturers must ensure that batteries contain minimum percentages of recovered materials, including:

cobalt;
lithium;
nickel;
lead.

Higher recycled content targets become applicable from 2036.

These requirements are intended to strengthen Europe’s circular economy and reduce dependence on primary raw materials.

Delegated and Implementing Acts

Not every technical requirement is fully defined within Regulation (EU) 2023/1542 itself.

The European Commission is empowered to adopt delegated acts and implementing acts that further specify:

testing methods;
carbon footprint calculations;
Battery Passport data;
performance criteria;
durability requirements;
recycled content methodologies;
reporting procedures.

Manufacturers should therefore treat compliance as an evolving process rather than a fixed set of requirements.

Planning for Compliance

Because many products have development cycles lasting several years, manufacturers should consider future obligations well before they become mandatory.

Waiting until an implementation date is reached may require costly redesigns, additional testing or changes to supply chains.

An effective compliance strategy should therefore include:

early battery classification;
regulatory monitoring;
supplier engagement;
technical documentation planning;
sustainability data collection;
lifecycle management;
periodic compliance reviews.

Proactive planning helps reduce compliance risks and supports uninterrupted market access throughout the European Union.

Key Takeaways

The EU Battery Regulation follows a phased implementation approach, with new obligations becoming applicable between 2024 and 2036.

Manufacturers should not view compliance as a one-time activity but as an ongoing process requiring continuous monitoring of regulatory developments, delegated acts and future implementation deadlines.

Chapter 6 – CE Marking and Conformity Assessment under the EU Battery Regulation

One of the most significant changes introduced by Regulation (EU) 2023/1542 is the requirement for many batteries to undergo a formal conformity assessment before being placed on the European market. As a result, batteries are no longer regulated solely from an environmental perspective but are also subject to product conformity requirements similar to those already established under other European product legislation.

For manufacturers, this means that compliance is no longer limited to meeting technical requirements. They must also demonstrate conformity, prepare technical documentation, issue an EU Declaration of Conformity and affix the CE marking where required.

What Does the CE Marking Mean?

The CE marking indicates that a battery complies with all applicable requirements of Regulation (EU) 2023/1542 and that the manufacturer has completed the appropriate conformity assessment procedure.

By affixing the CE marking, the manufacturer declares that the battery satisfies all applicable legal requirements before it is placed on the European market.

The CE marking therefore represents a legal declaration of conformity rather than a quality label or certification mark.

Since When Is CE Marking Required?

The CE marking requirements became applicable on 18 August 2024.

From this date onwards, batteries covered by the Regulation may only be placed on the European market if they comply with the applicable conformity assessment requirements and bear the CE marking where required.

Which Batteries Require CE Marking?

The Battery Regulation introduces CE marking requirements for batteries covered by its scope.

This includes, among others:

Portable batteries
Starting, Lighting and Ignition (SLI) batteries
Light Means of Transport (LMT) batteries
Industrial batteries
Electric Vehicle (EV) batteries

Manufacturers should determine the applicable conformity assessment procedure based on the battery category and the specific requirements applicable to the battery.

Who Is Responsible?

The primary responsibility always lies with the manufacturer.

The manufacturer must ensure that:

the battery complies with the applicable requirements of the Regulation;
the conformity assessment has been completed;
technical documentation has been prepared;
the EU Declaration of Conformity has been issued;
the CE marking has been correctly affixed.

If the manufacturer is located outside the European Union, importers also have specific responsibilities before placing batteries on the EU market.

The Conformity Assessment Process

The conformity assessment demonstrates that the battery satisfies the applicable requirements of the Regulation.

Although the exact procedure depends on the applicable provisions, the overall process generally consists of the following steps.

Step 1 – Determine the Battery Category

Identify whether the battery is:

Portable
SLI
LMT
Industrial
EV

This determines which requirements apply.

Step 2 – Identify Applicable Requirements

Determine which provisions apply to the battery.

Depending on the battery category, these may include:

safety requirements;
performance requirements;
durability requirements;
carbon footprint obligations;
recycled content requirements;
Battery Passport obligations;
labelling requirements.

Step 3 – Perform the Conformity Assessment

The manufacturer must verify compliance using the conformity assessment procedure specified by the Regulation.

This may involve:

internal design verification;
production controls;
testing;
quality management procedures;
involvement of a Notified Body where required.

Step 4 – Prepare Technical Documentation

Technical documentation demonstrates how conformity has been achieved.

It should include all information necessary for market surveillance authorities to assess compliance.

Step 5 – Issue the EU Declaration of Conformity

Once conformity has been demonstrated, the manufacturer prepares and signs the EU Declaration of Conformity.

This document confirms that the battery complies with all applicable legal requirements.

Step 6 – Affix the CE Marking

After completing the conformity assessment, the CE marking may be affixed to the battery.

Where the size or nature of the battery makes this impossible, the CE marking may instead appear on the packaging or accompanying documentation, where permitted by the Regulation.

Technical Documentation

Manufacturers are required to prepare technical documentation before placing batteries on the market.

Although the required content depends on the battery category, technical documentation typically includes:

product description;
battery identification;
design information;
drawings;
specifications;
risk assessment;
applicable standards;
test reports;
performance information;
durability information;
safety information;
conformity assessment documentation;
copies of product labels;
EU Declaration of Conformity.

Technical documentation must be sufficiently detailed to allow authorities to verify compliance.

EU Declaration of Conformity

The EU Declaration of Conformity (DoC) is a legally binding document issued by the manufacturer.

It confirms that the battery complies with Regulation (EU) 2023/1542 and any other applicable European legislation.

A Declaration of Conformity generally contains:

manufacturer information;
product identification;
applicable legislation;
applied standards (where applicable);
conformity assessment procedure;
signature of the responsible person.

Manufacturers must keep the Declaration of Conformity available for market surveillance authorities.

Harmonised Standards

The Battery Regulation allows manufacturers to demonstrate conformity by applying harmonised European standards published in the Official Journal of the European Union.

Compliance with applicable harmonised standards creates a presumption of conformity with the corresponding legal requirements.

Where harmonised standards are not yet available, manufacturers may need to use other technical specifications or demonstrate compliance using alternative methods accepted under the Regulation.

Role of Notified Bodies

Certain conformity assessment procedures require the involvement of a Notified Body.

A Notified Body is an independent organization designated by an EU Member State to assess conformity with specific legislative requirements.

Where required, the Notified Body may assess:

quality management systems;
technical documentation;
performance data;
carbon footprint information;
recycled content documentation.

Not every battery requires the involvement of a Notified Body. The applicable conformity assessment module determines whether third-party assessment is necessary.

Market Surveillance

After batteries are placed on the market, national market surveillance authorities may request documentation demonstrating compliance.

Manufacturers should therefore ensure that all required documentation remains complete, accurate and readily available.

Authorities may request:

technical documentation;
EU Declaration of Conformity;
test reports;
risk assessments;
product identification records;
traceability information.

Failure to provide this documentation may result in enforcement actions, product recalls or restrictions on placing products on the market.

Relationship with Other CE Legislation

Many battery-powered products are subject to multiple European regulations simultaneously.

For example:

Product	Additional CE Legislation
Wireless device	Radio Equipment Directive (RED)
Electrical equipment	Low Voltage Directive (LVD)
Electronic equipment	EMC Directive
Medical device	Medical Device Regulation (MDR)
Machinery	Machinery Regulation

Manufacturers must ensure compliance with all applicable legislation, not only the Battery Regulation.

For battery-powered products, the CE marking therefore represents conformity with the complete set of applicable European legislation.

Common Mistakes

Manufacturers frequently encounter the following issues during conformity assessment:

Assuming battery suppliers are solely responsible for compliance.
Preparing incomplete technical documentation.
Incorrectly identifying the battery category.
Applying inappropriate standards.
Missing sustainability-related documentation.
Forgetting to update the EU Declaration of Conformity following design changes.
Assuming that transport testing (such as UN 38.3) alone demonstrates compliance with the Battery Regulation.

Avoiding these common mistakes can significantly reduce regulatory risks and facilitate market access.

Key Takeaways

The introduction of CE marking represents one of the most significant changes brought by Regulation (EU) 2023/1542.

Manufacturers are now required to demonstrate conformity through a structured conformity assessment process, prepare comprehensive technical documentation, issue an EU Declaration of Conformity and apply the CE marking where required.

The conformity assessment should be viewed as an integral part of product development rather than a final step before placing batteries on the market.

Chapter 7 – Battery Performance and Durability Requirements

One of the most important innovations introduced by Regulation (EU) 2023/1542 is the establishment of minimum performance and durability requirements for certain battery categories.

Historically, European battery legislation focused primarily on environmental protection and waste management. The new Regulation expands this approach by requiring batteries to meet defined performance criteria throughout their intended service life.

The objective is to improve product quality, increase battery lifetime, reduce premature replacement and support the transition towards a circular economy.

Why Performance Requirements Matter

Battery performance directly affects the usability, reliability and environmental impact of a product.

Poor battery performance often leads to:

Reduced operating time
Frequent charging
Premature battery replacement
Increased electronic waste
Higher consumption of raw materials
Greater environmental impact

By introducing harmonized performance requirements, the European Union aims to ensure that batteries placed on the market provide an appropriate level of quality throughout their expected lifetime.

Which Batteries Are Affected?

Performance and durability requirements do not apply equally to every battery category.

Depending on the battery type, manufacturers may be required to demonstrate compliance with specific technical requirements.

The primary battery categories affected include:

Portable batteries
General-purpose portable batteries
Batteries for Light Means of Transport (LMT)
Rechargeable industrial batteries
Electric vehicle batteries

The exact requirements differ depending on the intended application and battery category.

Performance Requirements

Battery performance describes the ability of a battery to deliver the expected electrical energy under specified operating conditions.

Depending on the battery category, manufacturers may need to demonstrate characteristics such as:

Rated capacity
Available energy
Energy efficiency
Internal resistance
Charge acceptance
Charge retention
Cycle life
Calendar life
Power capability
Operating temperature performance

These parameters allow users to compare batteries objectively and help ensure that products perform as expected during normal use.

Durability Requirements

Durability refers to the battery’s ability to maintain its performance over time.

The Regulation aims to discourage products that experience rapid performance degradation shortly after entering service.

Depending on the battery category, durability may be evaluated using criteria such as:

Capacity retention
Number of charge/discharge cycles
Remaining usable capacity
Calendar ageing
Mechanical integrity
Thermal stability

Manufacturers may need to demonstrate compliance through testing and technical documentation.

Capacity Retention

Rechargeable batteries gradually lose capacity throughout their lifetime.

Capacity retention indicates how much of the original capacity remains after a specified period of use or a defined number of charge cycles.

For example:

New Battery	After Service Life
100% Capacity	Minimum required retained capacity according to applicable requirements

The exact thresholds depend on the battery category and future implementing legislation.

Cycle Life

Cycle life is one of the most important indicators of battery durability.

A charging cycle generally consists of:

Charging the battery.
Discharging the battery.
Repeating the process.

Manufacturers may be required to demonstrate that batteries continue to satisfy minimum performance criteria after a specified number of charging cycles.

Longer cycle life generally results in:

Lower operating costs
Less electronic waste
Reduced raw material consumption
Improved sustainability

State of Health (SoH)

For certain battery categories, particularly electric vehicle batteries, information regarding the State of Health (SoH) becomes increasingly important.

State of Health describes the current condition of a battery compared with its original performance.

Typical indicators include:

Remaining capacity
Internal resistance
Remaining useful life
Performance degradation

This information helps determine whether a battery remains suitable for its intended application or may be appropriate for second-life use.

Battery Management Systems (BMS)

Rechargeable batteries increasingly rely on Battery Management Systems (BMS) to monitor battery condition.

A BMS may supervise:

Cell voltage
Current
Temperature
State of Charge (SoC)
State of Health (SoH)
Charging history
Fault conditions

For certain battery categories, BMS information plays an important role in demonstrating compliance with performance requirements.

Testing Performance

Manufacturers must demonstrate compliance using appropriate testing procedures.

Depending on the battery category, testing may include:

Capacity measurements
Energy measurements
Charge/discharge cycling
Temperature testing
Mechanical testing
Electrical safety testing
Abuse testing
Durability testing

Testing methods are expected to be further defined through harmonised European standards and implementing legislation.

Role of Harmonised Standards

The European Commission is expected to publish harmonised standards supporting the performance and durability requirements of the Regulation.

These standards will establish common testing procedures and acceptance criteria.

Applying harmonised standards provides manufacturers with a presumption of conformity regarding the corresponding legal requirements.

Until such standards become available, manufacturers may need to rely on internationally recognised technical standards and appropriate engineering methods.

Product Design Considerations

Meeting the new performance requirements begins long before compliance testing.

Manufacturers should consider:

Cell selection
Thermal management
Charging algorithms
Battery protection
Mechanical design
Environmental operating conditions
Battery balancing
Software updates
Battery replacement strategy

Early consideration of these factors can significantly improve long-term battery performance.

Documentation Requirements

Manufacturers should maintain documentation demonstrating how performance requirements have been satisfied.

Depending on the battery category, documentation may include:

Performance test reports
Durability test reports
Capacity measurements
Cycle life data
Test procedures
Technical specifications
BMS information
Risk assessments

These documents may become part of the technical documentation required under the Battery Regulation.

Benefits for Manufacturers and Consumers

Although the new requirements increase compliance obligations, they also offer several long-term benefits.

For manufacturers:

Improved product quality
Better market confidence
Reduced warranty claims
Harmonised European requirements
Greater competitiveness

For consumers:

Longer battery lifetime
More reliable products
Better product transparency
Lower replacement costs
Reduced environmental impact

Key Takeaways

The EU Battery Regulation introduces minimum performance and durability requirements for several battery categories to improve battery quality, reliability and sustainability.

Manufacturers should integrate performance testing, durability verification and technical documentation into the product development process from an early stage to ensure compliance with current and future regulatory requirements.

Chapter 8 – Carbon Footprint Requirements under the EU Battery Regulation

One of the most innovative aspects of Regulation (EU) 2023/1542 is the introduction of carbon footprint requirements for certain battery categories. For the first time, manufacturers must evaluate and disclose the greenhouse gas emissions associated with the production of specific batteries.

The objective is to improve transparency, encourage low-carbon manufacturing, and reduce the environmental impact of batteries placed on the European market. By making the carbon footprint visible and comparable, the European Union aims to promote more sustainable battery technologies and support its long-term climate neutrality goals.

Unlike traditional product requirements, the carbon footprint does not relate to battery safety or performance. Instead, it considers the environmental impact generated throughout the battery’s life cycle.

What Is a Carbon Footprint?

A carbon footprint represents the total amount of greenhouse gas (GHG) emissions associated with a product throughout its life cycle.

For batteries, this includes emissions generated during:

Raw material extraction
Processing of raw materials
Cell manufacturing
Battery assembly
Transportation
Distribution
Recycling processes
End-of-life treatment where applicable

These emissions are generally expressed as kilograms of carbon dioxide equivalent (kg CO₂-eq).

The calculation considers not only carbon dioxide (CO₂), but also other greenhouse gases such as methane (CH₄) and nitrous oxide (N₂O), converted into a common CO₂ equivalent value.

Why Introduce Carbon Footprint Requirements?

Battery production requires significant amounts of energy and raw materials.

The extraction and processing of materials such as lithium, cobalt, nickel and graphite can generate considerable greenhouse gas emissions.

By requiring manufacturers to calculate and declare the carbon footprint of certain batteries, the European Union seeks to:

increase transparency throughout the supply chain;
encourage manufacturers to reduce emissions;
promote cleaner manufacturing technologies;
improve comparability between battery manufacturers;
support sustainable procurement decisions;
reduce the overall environmental impact of battery production.

The carbon footprint therefore becomes an additional factor when evaluating the sustainability of a battery.

Which Batteries Are Affected?

The carbon footprint requirements do not apply to every battery category.

Initially, they primarily apply to:

Electric Vehicle (EV) batteries;
Rechargeable industrial batteries with a capacity greater than 2 kWh;
Batteries for Light Means of Transport (LMT).

The European Commission may extend or further define these requirements through delegated legislation in the future.

Carbon Footprint Declaration

Manufacturers of applicable batteries must prepare a Carbon Footprint Declaration before placing the battery on the market.

This declaration documents the greenhouse gas emissions associated with the battery and must follow the methodology established by the European Commission.

The declaration typically includes:

Battery manufacturer
Battery model identification
Manufacturing location
Battery category
Total carbon footprint value
Applicable calculation methodology
Supporting technical information

The declaration must be based on reliable, verifiable and documented data.

Carbon Footprint Performance Classes

The Regulation also provides for the introduction of carbon footprint performance classes.

These classes will categorize batteries according to their environmental performance.

Although the exact classification criteria will be established through implementing legislation, the objective is to allow easier comparison between batteries with different carbon footprints.

This approach encourages manufacturers to continuously reduce emissions throughout their production processes.

Maximum Carbon Footprint Thresholds

In addition to declaration requirements, the Regulation provides for the future introduction of maximum carbon footprint thresholds.

Once these limits become applicable, batteries exceeding the specified threshold may no longer be placed on the European market.

The thresholds will be established by the European Commission based on technical and scientific assessments.

Life Cycle Assessment (LCA)

The carbon footprint calculation is based on a Life Cycle Assessment (LCA).

An LCA evaluates the environmental impact of a product across its entire life cycle rather than considering only the manufacturing process.

Typical life cycle stages include:

Raw material extraction
Raw material processing
Cell production
Battery manufacturing
Packaging
Transportation
Distribution
Use phase (where applicable)
Recycling
End-of-life treatment

The methodology aims to provide a consistent and comparable assessment across manufacturers.

Data Collection

Calculating the carbon footprint requires information from multiple suppliers throughout the battery supply chain.

Manufacturers may need to collect data relating to:

Energy consumption
Electricity sources
Material composition
Transportation distances
Manufacturing processes
Recycling processes
Waste treatment
Supplier emissions

Because supply chains often involve numerous international suppliers, collecting accurate data can be one of the most challenging aspects of compliance.

Verification

The carbon footprint declaration must be supported by appropriate technical evidence.

Manufacturers should maintain documentation demonstrating:

Data sources
Calculation methods
Assumptions
Verification procedures
Supporting records

Authorities may request this documentation during market surveillance activities.

Relationship with Sustainability Requirements

The carbon footprint requirements are closely linked to several other sustainability provisions introduced by the Regulation.

These include:

Recycled content requirements
Battery Passport
Due diligence obligations
Supply chain transparency
Circular economy objectives

Together, these measures aim to reduce the environmental impact of batteries while improving traceability throughout the supply chain.

Challenges for Manufacturers

Implementing carbon footprint requirements presents several practical challenges.

Common difficulties include:

Obtaining reliable supplier data
Managing complex international supply chains
Applying standardized calculation methodologies
Maintaining consistent documentation
Adapting to future delegated acts
Integrating sustainability data into existing quality systems

Early engagement with suppliers is therefore essential for successful implementation.

Benefits of Carbon Footprint Transparency

Although calculating the carbon footprint increases regulatory obligations, it also provides several benefits.

For manufacturers:

Better understanding of production emissions
Identification of improvement opportunities
Increased competitiveness
Improved sustainability reporting
Better preparation for future environmental regulations

For customers:

Greater transparency
Improved comparability
Better-informed purchasing decisions
Increased confidence in sustainable products

Key Takeaways

The introduction of carbon footprint requirements represents one of the most significant sustainability measures within Regulation (EU) 2023/1542.

Manufacturers of applicable battery categories must calculate, document and declare the greenhouse gas emissions associated with their batteries using standardized methodologies established by the European Commission.

Over time, these requirements will encourage lower-emission battery production, improve supply chain transparency and support the European Union’s transition towards a more sustainable and circular battery industry.

Chapter 9 – Recycled Content Requirements under the EU Battery Regulation

One of the central objectives of Regulation (EU) 2023/1542 is to promote a circular economy by increasing the use of secondary raw materials in battery manufacturing. To achieve this, the Regulation introduces mandatory requirements for the use of recycled materials in certain battery categories.

Until now, manufacturers have primarily focused on sourcing virgin raw materials. The new Regulation encourages the recovery and reuse of valuable materials obtained from waste batteries, reducing dependence on primary resources while lowering the environmental impact of battery production.

What Is Recycled Content?

Recycled content refers to the proportion of materials recovered from post-consumer or post-industrial waste and reintroduced into the production of new batteries.

Rather than extracting new raw materials from mining operations, manufacturers are encouraged—and eventually required—to use recovered materials that have already completed at least one product life cycle.

The Regulation focuses on critical raw materials that are essential for modern battery production and are considered strategically important for the European Union.

Objectives of the Recycled Content Requirements

The recycled content requirements pursue several strategic objectives.

These include:

reducing dependence on primary raw materials;
strengthening the European circular economy;
increasing the recovery of valuable materials from waste batteries;
reducing greenhouse gas emissions associated with mining;
improving resource efficiency;
encouraging investment in battery recycling technologies;
supporting a sustainable European battery value chain.

These measures are closely linked to the European Green Deal, the Circular Economy Action Plan and the Critical Raw Materials Strategy.

Which Batteries Are Affected?

The recycled content requirements initially apply to:

Electric Vehicle (EV) batteries;
Rechargeable industrial batteries with a capacity greater than 2 kWh;
Batteries for Light Means of Transport (LMT), where applicable under future implementing legislation.

Portable consumer batteries are currently not subject to mandatory recycled content requirements.

Which Materials Are Covered?

The Regulation currently establishes recycled content requirements for four critical materials:

Cobalt (Co)
Lithium (Li)
Nickel (Ni)
Lead (Pb)

These materials represent a significant proportion of the environmental impact associated with battery production and are considered essential for Europe’s long-term supply security.

Recycled Content Declaration

Before mandatory minimum thresholds become applicable, manufacturers must provide a Recycled Content Declaration.

This declaration specifies the proportion of recovered materials contained within the battery.

The declaration typically includes:

Battery identification;
Battery category;
Manufacturer information;
Percentage of recycled cobalt;
Percentage of recycled lithium;
Percentage of recycled nickel;
Percentage of recycled lead;
Methodology used for calculation.

The declaration must be supported by verifiable technical documentation.

Minimum Recycled Content Targets

The Regulation introduces mandatory recycled content targets in two implementation phases.

From 2031

Minimum recycled content must include at least:

Material	Minimum Recycled Content
Cobalt	16%
Lead	85%
Lithium	6%
Nickel	6%

From 2036

The minimum thresholds increase further.

Material	Minimum Recycled Content
Cobalt	26%
Lead	85%
Lithium	12%
Nickel	15%

These percentages apply only to the relevant battery categories specified by the Regulation.

How Is Recycled Content Calculated?

Manufacturers must calculate recycled content using methodologies established by the European Commission.

The calculation considers:

origin of recovered materials;
processing methods;
refining operations;
material purity;
traceability;
allocation rules for recycled materials.

Only recycled materials meeting the regulatory definition may be included in the calculation.

Verification Requirements

Manufacturers must be able to demonstrate that recycled content claims are accurate.

Supporting documentation may include:

supplier declarations;
certificates of recycled material origin;
material balance calculations;
audit reports;
traceability documentation;
quality control records.

Authorities may request this information during market surveillance activities.

Supply Chain Traceability

Reliable traceability is essential for demonstrating recycled content.

Manufacturers should establish procedures that allow recovered materials to be traced throughout the supply chain.

Typical traceability information includes:

material supplier;
recycling facility;
recovered material type;
batch identification;
processing history;
delivery records.

Supply chain transparency becomes increasingly important as recycled content requirements become mandatory.

Relationship with the Battery Passport

The recycled content declaration is closely connected to the future Digital Battery Passport.

The Battery Passport is expected to contain information relating to:

recycled material content;
material composition;
sustainability information;
battery identification;
carbon footprint;
manufacturer information.

Together, these measures improve transparency throughout the battery life cycle.

Challenges for Manufacturers

Meeting recycled content requirements may require significant changes throughout the supply chain.

Common challenges include:

limited availability of recycled materials;
fluctuating raw material markets;
supplier verification;
maintaining traceability;
documenting recycled content;
adapting procurement strategies;
ensuring consistent material quality.

Manufacturers should begin engaging suppliers well before mandatory thresholds become applicable.

Benefits of Increased Recycled Content

Using recovered materials provides several environmental and economic benefits.

These include:

reduced dependence on mining;
lower greenhouse gas emissions;
reduced energy consumption;
conservation of natural resources;
increased material security;
support for European recycling industries;
reduced environmental impact of battery production.

For manufacturers, increased use of recycled materials may also contribute to broader corporate sustainability objectives.

Key Takeaways

The recycled content requirements introduced by Regulation (EU) 2023/1542 represent a major step towards a circular European battery economy.

Manufacturers of applicable battery categories will be required to declare and, eventually, meet mandatory minimum percentages of recycled cobalt, lithium, nickel and lead.

Establishing reliable supply chains, maintaining traceability and preparing robust documentation will be essential for demonstrating compliance as these requirements are gradually introduced.

Chapter 10 – Digital Battery Passport Requirements

One of the most innovative elements introduced by Regulation (EU) 2023/1542 is the Digital Battery Passport. It is designed to improve transparency, traceability and sustainability throughout the entire battery life cycle by making relevant battery information digitally accessible.

The Battery Passport enables manufacturers, importers, distributors, repairers, recyclers, market surveillance authorities and end users to access standardized information about a battery using a QR code or other digital data carrier.

The objective is to improve the availability of reliable battery information while supporting repair, reuse, repurposing and recycling.

What Is the Digital Battery Passport?

The Digital Battery Passport is an electronic record containing technical, environmental and regulatory information relating to a specific battery.

Rather than relying solely on printed labels or technical documentation, manufacturers will provide a digital dataset that remains linked to the battery throughout its entire life cycle.

Each Battery Passport is associated with an individual battery or battery model and can be accessed electronically.

Objectives of the Battery Passport

The Battery Passport supports several objectives established by the Regulation.

These include:

Improving battery traceability
Increasing transparency throughout the supply chain
Supporting market surveillance
Facilitating repair and maintenance
Promoting second-life applications
Improving recycling efficiency
Supporting the circular economy
Providing reliable sustainability information

The Battery Passport therefore becomes an important tool for both regulatory compliance and environmental sustainability.

Which Batteries Require a Battery Passport?

Initially, the Battery Passport applies to:

Electric Vehicle (EV) batteries
Rechargeable industrial batteries with a capacity greater than 2 kWh
Batteries for Light Means of Transport (LMT), where applicable under future implementing legislation

Portable consumer batteries are generally not subject to Battery Passport requirements.

When Does the Requirement Apply?

The Battery Passport becomes mandatory from 18 February 2027 for the applicable battery categories.

Manufacturers placing batteries covered by these requirements on the European market must ensure that the required information is available digitally before the battery is placed on the market.

How Does the Battery Passport Work?

Each applicable battery must carry a QR code or another machine-readable data carrier.

Scanning the QR code provides access to digital information stored in the Battery Passport.

The information is expected to remain available throughout the battery’s service life and may be updated where permitted by the Regulation.

This allows different stakeholders to access relevant information without requiring paper documentation.

Information Contained in the Battery Passport

The exact content will be specified by implementing legislation adopted by the European Commission.

Depending on the battery category, the Battery Passport may include:

General Information

Manufacturer
Battery model
Unique battery identifier
Manufacturing date
Manufacturing location
Battery category

Technical Information

Battery chemistry
Rated capacity
Nominal voltage
Energy content
Weight
Dimensions
Battery Management System (BMS) information
Performance characteristics

Sustainability Information

Carbon footprint declaration
Carbon footprint performance class
Recycled content
Material composition
Critical raw materials
Supply chain information

Compliance Information

CE marking
EU Declaration of Conformity
Applicable legislation
Conformity assessment information
Technical documentation references

End-of-Life Information

Safe removal instructions
Recycling information
Collection requirements
Recovery recommendations
Second-life suitability (where applicable)

Who Uses the Battery Passport?

The Battery Passport is intended for multiple stakeholders throughout the battery life cycle.

Manufacturers

Manufacturers use the Battery Passport to demonstrate compliance and provide mandatory product information.

Importers and Distributors

Economic operators can verify that batteries satisfy applicable regulatory requirements before placing them on the market.

Market Surveillance Authorities

Authorities may access technical and regulatory information during compliance inspections.

Repairers

Repair organisations may obtain information regarding battery replacement, servicing and maintenance.

Recyclers

Recycling facilities can identify battery chemistry and material composition to improve recycling efficiency and worker safety.

End Users

Consumers may access selected information regarding battery characteristics, sustainability and proper disposal.

Benefits of the Battery Passport

The Battery Passport offers several advantages throughout the battery life cycle.

For manufacturers:

Improved regulatory compliance
Simplified information management
Better product traceability
Enhanced sustainability reporting
Increased customer confidence

For regulators:

Faster market surveillance
Easier verification of compliance
Improved traceability

For recyclers:

Better material identification
Improved recycling efficiency
Higher recovery rates

For consumers:

Increased transparency
Better sustainability information
Easier access to product data

Relationship with Other Requirements

The Battery Passport is closely linked to several other provisions of Regulation (EU) 2023/1542.

Information contained within the Battery Passport may support:

Carbon footprint declarations
Recycled content declarations
CE conformity assessment
Technical documentation
Due diligence obligations
Supply chain traceability
Battery identification

Rather than replacing existing documentation, the Battery Passport provides a centralized digital access point for information already required under the Regulation.

Challenges for Manufacturers

Implementing the Battery Passport requires more than simply generating a QR code.

Manufacturers must establish systems capable of collecting, maintaining and updating large amounts of product data.

Key challenges include:

Data collection across the supply chain
Data quality and consistency
Digital infrastructure
Cybersecurity
Long-term data availability
Integration with existing product lifecycle management (PLM) systems
Compliance with future implementing acts

Companies should begin preparing their digital data management systems well before the mandatory implementation date.

Future Development

The Battery Passport is expected to become one of the most important digital product information systems introduced by the European Union.

It is also closely aligned with broader European initiatives such as the Digital Product Passport (DPP) under the Ecodesign for Sustainable Products Regulation (ESPR).

As digital product information becomes increasingly important across different industries, the Battery Passport may serve as a model for future digital compliance systems.

Key Takeaways

The Digital Battery Passport introduces a new level of transparency and traceability for batteries placed on the European market.

Manufacturers of applicable battery categories must provide standardized digital information covering technical characteristics, sustainability, compliance and end-of-life management.

By improving access to reliable battery information, the Battery Passport supports regulatory compliance, facilitates recycling and repair, and contributes to a more sustainable and circular European battery economy.

Chapter 11 – Labelling and Information Requirements under the EU Battery Regulation

Regulation (EU) 2023/1542 significantly expands the labelling and information requirements for batteries placed on the European market. While previous legislation primarily required basic identification and the crossed-out wheeled bin symbol, the new Regulation introduces a comprehensive information system combining physical markings with digital information.

The objective is to improve transparency throughout the battery life cycle, provide consumers with better product information, facilitate market surveillance and support collection, repair and recycling.

Manufacturers must therefore ensure that batteries are correctly labelled before they are placed on the market and that the required information remains legible throughout the intended lifetime of the battery.

Objectives of the Labelling Requirements

The new labelling requirements pursue several objectives:

Improve product identification
Support market surveillance
Provide clear information to users
Facilitate proper collection and recycling
Improve battery traceability
Increase transparency regarding sustainability
Enable digital access to product information

The Regulation combines traditional physical markings with digital product information to create a more comprehensive information system.

General Labelling Requirements

Batteries covered by the Regulation must bear specific information that enables their identification and supports safe use throughout their service life.

Depending on the battery category, required information may include:

Manufacturer name
Registered trade name or trademark
Postal address of the manufacturer
Product identification
Battery model or type designation
Manufacturing information
Battery category
Capacity information
CE marking (where applicable)
Required safety symbols
QR code

The information must be clearly visible, legible and indelible.

Manufacturer Identification

Manufacturers must ensure that batteries can be clearly traced back to the responsible economic operator.

The battery or, where this is not possible, the packaging or accompanying documentation must include:

Manufacturer’s name
Registered trade name or trademark
Postal address where the manufacturer can be contacted

This information enables authorities and customers to identify the responsible manufacturer quickly.

Product Identification

Every battery must be uniquely identifiable.

Depending on the product, this may include:

Product name
Model number
Type designation
Batch number
Serial number
Production code

Unique identification is essential for traceability, recalls and market surveillance.

Capacity Marking

The Regulation introduces harmonised requirements for capacity marking.

Depending on the battery category, manufacturers may be required to indicate:

Rated capacity (Ah)
Energy content (Wh)
Other performance characteristics

Standardised capacity information allows consumers to compare products more easily.

CE Marking

Where required, the CE marking must be affixed in accordance with the Regulation.

The CE marking indicates that the battery complies with all applicable European legislation.

It must:

be visible;
remain legible;
be permanently affixed where possible;
comply with the official CE marking requirements.

If the battery is too small, the CE marking may be placed on the packaging or accompanying documentation where permitted.

Separate Collection Symbol

One of the best-known battery markings remains the crossed-out wheeled bin symbol.

This symbol indicates that batteries must not be disposed of with household waste.

Instead, they must be collected separately for recycling and proper treatment.

The symbol supports the European Union’s objectives for waste battery collection and resource recovery.

Chemical Symbols

Where applicable, batteries containing specified concentrations of hazardous substances must include the appropriate chemical symbol.

Examples include:

Pb (Lead)
Cd (Cadmium)
Hg (Mercury)

These markings provide additional information regarding battery composition and disposal requirements.

QR Code

One of the most significant new requirements is the introduction of the QR code.

Depending on the battery category, the QR code may provide access to:

Battery Passport
Product identification
Technical information
Sustainability information
Recycling instructions
CE Declaration of Conformity
Carbon footprint information
Recycled content information

The QR code creates a direct link between the physical battery and its digital information.

Language Requirements

Information intended for users must be provided in a language that can be easily understood within the Member State where the battery is placed on the market.

Manufacturers should therefore ensure that:

safety information;
instructions;
warnings;
disposal information

are available in the appropriate national language(s).

Durability of the Markings

The Regulation requires markings to remain legible throughout the expected lifetime of the battery.

Manufacturers should therefore ensure that labels:

resist abrasion;
remain readable under normal operating conditions;
withstand environmental influences;
cannot easily be removed.

Poor-quality labels may result in non-compliance.

Digital Information

The Regulation increasingly combines physical markings with digital information.

Rather than placing excessive amounts of information directly on the battery, manufacturers may provide certain information electronically through:

QR codes;
the Digital Battery Passport;
online technical documentation;
digital product information systems.

This approach improves access to information while reducing label complexity.

Responsibilities of Manufacturers

Manufacturers are responsible for ensuring that batteries are correctly labelled before they are placed on the market.

This includes verifying that:

all mandatory information is present;
markings are accurate;
labels remain durable;
digital information is available where required;
QR codes function correctly;
translations are correct.

Failure to comply with labelling requirements may lead to market surveillance actions or restrictions on placing products on the market.

Common Labelling Mistakes

Typical compliance issues include:

Missing manufacturer information
Incorrect battery identification
Missing CE marking
Missing QR code
Incorrect capacity information
Labels that become unreadable during normal use
Missing translated safety information
Incorrect use of symbols

These issues can often be avoided by reviewing labelling requirements during product development rather than immediately before production.

Benefits of Improved Labelling

Although the new requirements increase documentation efforts, they provide several advantages.

For manufacturers:

Better traceability
Easier market surveillance
Improved product identification
Enhanced customer confidence

For consumers:

Clearer product information
Easier comparison of batteries
Better recycling guidance
Increased transparency

For recyclers:

Faster battery identification
Improved sorting
Better material recovery

Key Takeaways

The EU Battery Regulation introduces significantly more comprehensive labelling and information requirements than previous legislation.

Manufacturers must ensure that batteries are correctly identified, appropriately marked and accompanied by both physical and digital information throughout their life cycle.

The combination of traditional labels, CE marking, QR codes and the Digital Battery Passport represents a major step towards greater transparency, traceability and sustainability within the European battery industry.

Chapter 12 – Removability and Replaceability Requirements under the EU Battery Regulation

One of the most visible changes introduced by Regulation (EU) 2023/1542 concerns the removability and replaceability of batteries. The Regulation aims to ensure that batteries can be removed and replaced more easily, extending product lifetimes, supporting repairs and reducing electronic waste.

For many years, manufacturers increasingly designed products with permanently integrated batteries. While this often allowed for slimmer designs and improved water resistance, it also made repairs more difficult and frequently resulted in entire products being discarded when only the battery had reached the end of its service life.

The new Regulation seeks to reverse this trend by introducing design requirements that make batteries more accessible for replacement and maintenance.

Objectives of the New Requirements

The removability and replaceability requirements support several important objectives.

These include:

Extending product lifetime
Reducing electronic waste
Promoting repairability
Supporting the circular economy
Increasing reuse of products
Reducing unnecessary battery disposal
Improving recycling efficiency
Reducing environmental impact

These requirements are closely aligned with the European Union’s broader Right to Repair initiative and Ecodesign policies.

When Do the Requirements Apply?

The requirements concerning removability and replaceability generally become applicable from 18 February 2027.

Manufacturers placing applicable products on the European market after this date must ensure compliance with the design requirements established by the Regulation.

Which Products Are Affected?

The requirements primarily apply to products containing:

Portable batteries
Batteries for Light Means of Transport (LMT)

Different rules apply depending on the battery category.

Industrial batteries and electric vehicle batteries are generally subject to different provisions due to their size, complexity and safety considerations.

Removable Batteries

A battery is considered removable when it can be taken out of a product without causing damage to either the battery or the product.

The battery should be removable using commercially available tools or, where specified by the Regulation, without the use of tools.

The objective is to ensure that removal can be performed safely without requiring destructive methods.

Replaceable Batteries

A replaceable battery is one that can be exchanged with another compatible battery while maintaining the intended performance and safety of the product.

Replacement should not require irreversible modification of the product.

The product should continue to operate correctly after battery replacement.

Requirements for Portable Batteries

For many portable electronic products, manufacturers must design products so that end users can remove and replace the battery themselves.

This generally means that:

the battery must be accessible;
replacement should not permanently damage the product;
commonly available tools may be used where permitted;
instructions must be provided where necessary.

The intention is to allow consumers to replace worn batteries rather than replacing the entire product.

Requirements for LMT Batteries

For batteries used in Light Means of Transport, the Regulation adopts a different approach.

Because these batteries are larger and involve higher voltages, replacement may be performed by independent professionals rather than end users.

Manufacturers must therefore ensure that qualified repairers have access to:

replacement procedures;
repair information;
required tools;
spare batteries;
safety instructions.

This supports independent repair while maintaining product safety.

Products Exempt from the Requirements

Certain products may be exempt where removability would compromise essential characteristics.

Possible examples include products where removable batteries would significantly affect:

Safety
Medical functionality
Water resistance (under specific justified conditions)
Structural integrity
Data integrity

However, exemptions are interpreted narrowly and manufacturers must justify why removable batteries are technically impossible or would compromise essential product functions.

Design Considerations

Manufacturers should consider removability during the earliest stages of product development.

Important design aspects include:

Battery location
Fastening methods
Connectors
Mechanical accessibility
Housing design
Waterproof sealing
Electrical isolation
User safety

Products designed from the outset for battery replacement generally require fewer modifications later in the compliance process.

Instructions for Battery Replacement

Where battery replacement is intended, manufacturers must provide appropriate instructions.

These may include:

Safe removal procedures
Installation instructions
Safety warnings
Required tools
Disposal information
Battery specifications

Instructions should be clear enough to allow safe replacement without creating unnecessary safety risks.

Availability of Spare Batteries

The Regulation supports longer product lifetimes by encouraging the availability of replacement batteries.

Depending on the product category and applicable legislation, manufacturers may need to ensure that replacement batteries remain available for an appropriate period after the product has been placed on the market.

This complements broader European initiatives promoting repairability and product longevity.

Relationship with Other EU Legislation

The removability requirements are closely connected with several other European initiatives.

These include:

Ecodesign for Sustainable Products Regulation (ESPR)
Right to Repair Directive
Waste Electrical and Electronic Equipment (WEEE) Directive
Circular Economy Action Plan

Together, these measures seek to improve the durability, repairability and sustainability of products placed on the European market.

Challenges for Manufacturers

Designing removable batteries can require significant engineering changes.

Common challenges include:

Maintaining water and dust resistance
Ensuring mechanical strength
Preserving electrical safety
Preventing incorrect battery installation
Managing increased production costs
Updating product designs
Revising manufacturing processes

Manufacturers should evaluate these requirements early during product development to minimize redesign costs.

Benefits of Removable Batteries

Although compliance may require product redesign, removable batteries provide several long-term benefits.

For manufacturers:

Improved product sustainability
Better compliance with future regulations
Increased customer confidence
Support for repair services
Reduced environmental impact

For consumers:

Longer product lifetime
Lower repair costs
Easier battery replacement
Reduced electronic waste
Improved product value

For the environment:

Increased reuse of products
Improved battery collection
Better recycling rates
Reduced resource consumption

Key Takeaways

The removability and replaceability requirements introduced by Regulation (EU) 2023/1542 represent a major shift in product design philosophy.

Manufacturers must increasingly design products that allow batteries to be replaced safely and efficiently, supporting longer product lifetimes, easier repairs and a more circular economy.

By integrating these requirements into product development from an early stage, manufacturers can reduce future compliance risks while contributing to more sustainable products and reduced electronic waste.

Chapter 13 – Due Diligence Requirements and Supply Chain Responsibilities

One of the most far-reaching innovations introduced by Regulation (EU) 2023/1542 is the establishment of mandatory due diligence obligations for certain economic operators. While previous battery legislation primarily focused on product characteristics, the new Regulation also addresses the environmental and social impacts associated with the extraction, processing and trade of raw materials used in batteries.

The objective is to ensure that batteries placed on the European market are produced using responsible sourcing practices that respect human rights, protect the environment and promote transparency throughout the supply chain.

Due diligence therefore extends compliance beyond the finished product and requires companies to assess risks throughout the entire battery value chain.

What Is Due Diligence?

Due diligence refers to a systematic process for identifying, preventing, mitigating and addressing risks within a company’s supply chain.

Under the Battery Regulation, this process focuses primarily on risks associated with the sourcing, processing and trading of raw materials used in battery manufacturing.

Rather than responding only after problems occur, companies are expected to establish ongoing management systems that proactively identify and reduce risks.

Objectives of the Due Diligence Requirements

The due diligence provisions aim to:

Promote responsible sourcing of raw materials
Prevent human rights violations
Reduce environmental damage
Improve transparency throughout the battery supply chain
Encourage responsible business practices
Increase traceability of critical raw materials
Support sustainable battery production
Strengthen consumer confidence

These objectives align closely with international responsible sourcing initiatives and broader European sustainability policies.

Which Companies Are Affected?

The due diligence obligations do not apply to every company placing batteries on the market.

They primarily apply to economic operators that place batteries on the EU market and exceed specific size thresholds defined by the Regulation.

In general, smaller companies are exempt from the mandatory due diligence requirements, although they may still need to provide information requested by customers further up the supply chain.

Because corporate structures and reporting obligations can be complex, companies should carefully review whether they fall within the scope of the due diligence provisions.

Which Raw Materials Are Covered?

The Regulation focuses on raw materials commonly associated with environmental, social and governance (ESG) risks.

These typically include:

Cobalt
Lithium
Nickel
Natural graphite
Other raw materials identified through future implementing measures

These materials are often sourced through complex international supply chains involving multiple countries and suppliers.

Due Diligence Policy

Companies subject to the Regulation must establish a documented due diligence policy.

The policy should describe how the company identifies, evaluates and manages supply chain risks.

It typically includes:

Company commitments
Risk management procedures
Supplier expectations
Internal responsibilities
Continuous improvement measures
Reporting procedures

The policy should be approved by senior management and integrated into existing management systems where appropriate.

Supply Chain Risk Assessment

Companies must regularly assess risks associated with their supply chains.

Typical risks include:

Child labour
Forced labour
Unsafe working conditions
Environmental pollution
Illegal mining
Corruption
Armed conflict financing
Human rights abuses

Risk assessments should consider both the likelihood of a risk occurring and its potential severity.

Risk Management Measures

Where risks are identified, companies are expected to implement appropriate mitigation measures.

These may include:

Working with suppliers to improve practices
Additional supplier audits
Corrective action plans
Increased monitoring
Alternative sourcing strategies
Supplier training
Contractual requirements

The objective is not necessarily to terminate supplier relationships immediately, but to reduce risks through appropriate management.

Supply Chain Traceability

Traceability plays a central role in demonstrating due diligence.

Companies should be able to identify:

Raw material suppliers
Processing facilities
Smelters and refiners
Transportation routes
Material origin
Supply chain participants

The greater the transparency, the easier it becomes to identify and manage potential risks.

Third-Party Verification

The Regulation provides for verification of due diligence systems by independent third parties.

Verification may assess:

Due diligence policies
Risk assessments
Management systems
Supplier documentation
Corrective actions
Reporting procedures

Independent verification helps improve confidence in the effectiveness of due diligence systems.

Documentation Requirements

Companies subject to due diligence obligations should maintain comprehensive documentation.

Typical records include:

Due diligence policy
Risk assessments
Supplier evaluations
Audit reports
Training records
Corrective action plans
Traceability documentation
Internal reviews
Annual reports

Documentation should demonstrate that due diligence has been implemented effectively and consistently.

Public Reporting

Companies may be required to publish information describing their due diligence activities.

This may include:

Company policy
Supply chain risks identified
Risk mitigation measures
Audit activities
Performance indicators
Continuous improvement actions

Public reporting increases transparency and accountability.

Relationship with Other Sustainability Legislation

The Battery Regulation complements several other European sustainability initiatives.

These include:

Corporate Sustainability Due Diligence Directive (CSDDD)
Corporate Sustainability Reporting Directive (CSRD)
Conflict Minerals Regulation
Deforestation Regulation (EUDR)
Critical Raw Materials Act

Companies should therefore seek to integrate due diligence requirements across their broader ESG compliance programmes.

Challenges for Manufacturers

Implementing due diligence across global supply chains presents several practical challenges.

Common issues include:

Limited visibility beyond Tier 1 suppliers
Collecting reliable supplier information
Assessing suppliers in high-risk regions
Managing large supplier networks
Maintaining up-to-date documentation
Coordinating multiple sustainability reporting obligations

Developing robust supplier engagement programmes is often essential for successful implementation.

Benefits of Due Diligence

Although due diligence introduces additional compliance obligations, it also provides long-term business benefits.

These include:

Improved supply chain transparency
Better risk management
Stronger supplier relationships
Increased customer confidence
Improved ESG performance
Better preparation for future sustainability legislation
Enhanced corporate reputation

Responsible sourcing can also strengthen business resilience by identifying supply chain vulnerabilities before they become significant problems.

Key Takeaways

The due diligence requirements introduced by Regulation (EU) 2023/1542 extend battery compliance far beyond product testing and technical documentation.

Companies within the scope of the Regulation must establish structured systems for identifying, assessing and managing environmental and human rights risks throughout their battery supply chains.

By improving transparency and promoting responsible sourcing, these requirements support a more sustainable and resilient European battery industry.

Chapter 14 – Obligations of Manufacturers, Importers, Distributors and Other Economic Operators

Regulation (EU) 2023/1542 establishes clear responsibilities for every economic operator involved in placing batteries on the European market. Compliance is no longer the responsibility of manufacturers alone. Importers, distributors, authorized representatives and fulfilment service providers also have legal obligations depending on their role within the supply chain.

The objective is to ensure that every battery placed on the European market complies with the Regulation and remains traceable throughout its entire life cycle.

Each economic operator is responsible only for the obligations assigned to their specific role. However, cooperation between all parties is essential to ensure full compliance.

Economic Operators Covered by the Regulation

The Battery Regulation defines responsibilities for the following economic operators:

Manufacturers
Authorized Representatives
Importers
Distributors
Fulfilment Service Providers

Each of these actors has different legal obligations.

Manufacturer

The manufacturer bears the primary responsibility for battery compliance.

A manufacturer is any natural or legal person who manufactures a battery or has a battery designed or manufactured and markets it under their own name or trademark.

The manufacturer must ensure that every battery complies with all applicable requirements before it is placed on the market.

Manufacturer Responsibilities

Manufacturers are responsible for:

Designing compliant batteries
Performing the conformity assessment
Preparing the technical documentation
Issuing the EU Declaration of Conformity
Affixing the CE marking where required
Applying the required labels and markings
Preparing the Carbon Footprint Declaration (where applicable)
Preparing the Recycled Content Declaration (where applicable)
Providing the Digital Battery Passport (where applicable)
Ensuring compliance with performance and durability requirements
Maintaining technical documentation
Cooperating with market surveillance authorities
Taking corrective actions where necessary

The manufacturer remains responsible even if certain activities are outsourced.

Authorized Representative

Manufacturers established outside the European Union may appoint an Authorized Representative established within the EU.

The Authorized Representative acts on behalf of the manufacturer for specific regulatory tasks defined in a written mandate.

However, responsibility for product compliance remains with the manufacturer unless otherwise specified by the Regulation.

Typical Responsibilities

Depending on the mandate, an Authorized Representative may:

Keep the EU Declaration of Conformity available
Maintain technical documentation
Cooperate with authorities
Respond to requests from market surveillance authorities
Support corrective actions
Provide regulatory documentation

The Authorized Representative cannot redesign products or assume obligations that remain exclusively with the manufacturer.

Importer

An importer is any person established within the European Union who places a battery from a third country on the EU market.

Importers play a critical role because they are responsible for verifying that non-EU manufacturers have fulfilled their legal obligations before products enter the European market.

Importer Responsibilities

Before placing batteries on the market, importers should verify that:

The conformity assessment has been completed.
The CE marking has been applied where required.
Technical documentation exists.
The EU Declaration of Conformity has been prepared.
Required labels are present.
Manufacturer information is complete.
Required instructions accompany the product.
The battery complies with applicable regulatory requirements.

Importers must not place non-compliant batteries on the market.

Distributor

A distributor makes batteries available on the market after they have already been placed on the market.

Distributors are not expected to repeat the conformity assessment, but they must exercise due care.

Distributor Responsibilities

Distributors should verify that:

The required markings are present.
The CE marking is correctly applied where required.
Required documentation accompanies the product.
Instructions are available in the appropriate language(s).
There are no obvious signs of non-compliance.

Where distributors believe a battery does not comply with the Regulation, they must not supply it until corrective action has been taken.

Fulfilment Service Providers

The Regulation also assigns responsibilities to fulfilment service providers involved in warehousing, packaging, addressing or dispatching batteries.

This reflects the growing importance of e-commerce and cross-border online sales.

Depending on the circumstances, fulfilment service providers may have obligations where no other responsible economic operator is established within the European Union.

Cooperation with Market Surveillance Authorities

All economic operators must cooperate with national market surveillance authorities.

Authorities may request:

Technical documentation
EU Declaration of Conformity
Traceability information
Test reports
Product identification
Corrective action records

Economic operators must respond within the timeframes specified by the competent authorities.

Corrective Actions

If an economic operator discovers that a battery does not comply with the Regulation, appropriate corrective action must be taken without undue delay.

Possible measures include:

Bringing the battery into conformity
Suspending sales
Withdrawing the battery from the market
Organising a product recall
Informing competent authorities where required

The type of corrective action depends on the nature and severity of the non-compliance.

Traceability Requirements

Every economic operator should maintain information enabling the movement of batteries through the supply chain to be traced.

This generally includes:

Supplier identification
Customer identification
Product identification
Batch or serial numbers
Delivery records
Distribution records

Traceability supports recalls, market surveillance and corrective actions.

Documentation Retention

Manufacturers and other economic operators must retain certain regulatory documentation for specified periods after batteries have been placed on the market.

Depending on the operator’s role, documentation may include:

Technical documentation
EU Declaration of Conformity
Test reports
Carbon Footprint Declaration
Recycled Content Declaration
Supply chain records
Traceability documentation

Proper document management is an essential part of regulatory compliance.

Selling Through Online Marketplaces

The Battery Regulation also affects companies selling batteries through online marketplaces.

Products offered through online sales channels must comply with the same legal requirements as products sold through traditional distribution channels.

Manufacturers, importers and distributors should ensure that:

Required information is available online where applicable.
Product identification is accurate.
Regulatory documentation is available when required.
Non-compliant products are removed promptly if identified.

Interaction Between Economic Operators

Compliance under the Battery Regulation depends on cooperation between all parties.

For example:

Manufacturers create the technical documentation.
Importers verify compliance before placing products on the EU market.
Distributors check that products bear the required markings.
Authorized Representatives communicate with authorities on behalf of manufacturers.
Fulfilment service providers support compliance within modern supply chains.

Each participant contributes to ensuring that only compliant batteries reach the European market.

Common Compliance Mistakes

Economic operators frequently make similar mistakes, including:

Assuming compliance is solely the manufacturer’s responsibility.
Failing to verify documentation before importing products.
Selling products with incomplete labelling.
Missing traceability records.
Not responding promptly to market surveillance requests.
Keeping incomplete technical documentation.
Assuming online sales are subject to different rules.

Establishing clear internal compliance procedures can significantly reduce these risks.

Key Takeaways

Regulation (EU) 2023/1542 assigns specific responsibilities to every economic operator involved in placing batteries on the European market.

Manufacturers remain primarily responsible for product compliance, but importers, distributors, authorized representatives and fulfilment service providers also have important legal obligations.

Understanding these responsibilities and maintaining effective cooperation throughout the supply chain is essential for ensuring regulatory compliance and protecting access to the European market.

Chapter 15 – Market Surveillance, Corrective Actions and Penalties

Regulation (EU) 2023/1542 does not only establish technical requirements for batteries but also provides a framework for ensuring that these requirements are effectively enforced throughout the European Union.

National market surveillance authorities are responsible for monitoring compliance, investigating suspected non-compliance and taking appropriate enforcement measures where necessary.

Manufacturers and other economic operators should therefore view compliance as an ongoing obligation rather than a one-time activity completed before placing a battery on the market.

Why Is Market Surveillance Important?

The purpose of market surveillance is to ensure that only compliant batteries are placed and remain on the European market.

Effective market surveillance helps to:

Protect consumers
Ensure fair competition
Prevent unsafe or non-compliant batteries from being sold
Support environmental objectives
Improve confidence in CE-marked products
Ensure equal enforcement across Member States

Without effective enforcement, responsible manufacturers would face unfair competition from companies that fail to comply with the Regulation.

Who Performs Market Surveillance?

Market surveillance is carried out by the competent authorities designated by each EU Member State.

Although responsibilities vary between countries, authorities generally monitor:

Manufacturers
Importers
Distributors
Authorized Representatives
Fulfilment Service Providers
Online marketplaces

Authorities cooperate through European market surveillance networks and exchange information regarding non-compliant products.

Powers of Market Surveillance Authorities

Authorities have broad powers to verify compliance.

Depending on national legislation, they may:

Request technical documentation
Request the EU Declaration of Conformity
Inspect batteries
Carry out laboratory testing
Visit manufacturing or storage facilities
Request samples
Verify traceability information
Examine Battery Passports
Review Carbon Footprint Declarations
Review Recycled Content Declarations

Economic operators are generally required to cooperate with these investigations.

Documentation That May Be Requested

Authorities may request documentation demonstrating compliance with the Regulation.

Typical examples include:

Technical documentation
EU Declaration of Conformity
Test reports
Risk assessments
Carbon Footprint Declaration
Recycled Content Declaration
Battery Passport information
Supplier documentation
Traceability records
Labelling information

Companies should ensure that documentation can be provided without unnecessary delay.

Product Testing

Market surveillance authorities may independently test batteries already placed on the market.

Testing may verify:

Safety
Performance
Durability
Capacity
Labelling
CE marking
Chemical restrictions
Documentation accuracy

Authorities may also compare product performance with manufacturer claims.

Non-Compliance

A battery may be considered non-compliant for many different reasons.

Examples include:

Missing CE marking
Incomplete technical documentation
Incorrect labelling
Missing Battery Passport
Missing Carbon Footprint Declaration
Failure to meet performance requirements
Failure to meet sustainability requirements
Missing traceability information
Incorrect Declaration of Conformity

Not every case of non-compliance necessarily presents a safety risk, but every violation may require corrective action.

Corrective Actions

When non-compliance is identified, economic operators must take appropriate corrective action without undue delay.

Possible measures include:

Correcting documentation
Updating labels
Completing missing information
Bringing products into conformity
Suspending sales
Withdrawing products from distributors
Organising product recalls
Informing customers
Cooperating with authorities

The required action depends on the seriousness of the non-compliance.

Product Withdrawal

A product withdrawal removes a non-compliant battery from the supply chain before it reaches the end user.

Typical situations include:

Batteries still held by distributors
Products in warehouses
Unsold retail stock

Withdrawals help prevent further distribution of non-compliant products.

Product Recall

A recall applies when batteries have already reached customers.

Manufacturers may be required to:

Inform customers
Recover affected batteries
Repair products
Replace batteries
Refund customers
Provide disposal instructions

Recalls are generally reserved for more serious cases of non-compliance or safety concerns.

Rapid Alert Systems

Where necessary, authorities may notify other Member States through European rapid information exchange systems.

This enables non-compliant batteries identified in one country to be monitored across the European Union.

Such cooperation helps prevent unsafe or non-compliant products from continuing to circulate within the internal market.

Penalties

Each Member State establishes its own penalties for violations of the Regulation.

Although the exact sanctions differ between countries, they may include:

Administrative fines
Orders to correct non-compliance
Sales prohibitions
Product withdrawals
Product recalls
Seizure of products
Other enforcement measures permitted under national law

Penalties are expected to be effective, proportionate and dissuasive.

Preventing Compliance Problems

Manufacturers can significantly reduce regulatory risks by implementing effective compliance systems.

Recommended practices include:

Maintaining complete technical documentation
Monitoring regulatory changes
Reviewing product labelling
Conducting internal compliance audits
Training employees
Monitoring suppliers
Maintaining traceability records
Reviewing conformity assessments regularly

Early identification of potential issues is generally less costly than responding to enforcement actions.

Continuous Compliance

Compliance does not end once a battery is placed on the market.

Manufacturers should continue to:

Monitor regulatory developments
Evaluate product changes
Update technical documentation
Review supplier information
Monitor customer complaints
Cooperate with authorities
Implement corrective actions where necessary

Continuous compliance is becoming increasingly important as sustainability requirements continue to evolve.

Benefits of Effective Compliance

Strong compliance systems benefit both companies and customers.

For manufacturers:

Reduced regulatory risk
Faster market access
Improved reputation
Fewer product recalls
Better customer confidence
Stronger supply chain management

For authorities:

Easier market surveillance
Improved product traceability
Faster investigations

For consumers:

Safer products
Greater transparency
Better environmental protection
Increased confidence in compliant products

Key Takeaways

Market surveillance is an essential part of the EU Battery Regulation and ensures that batteries placed on the European market continue to comply with applicable legal requirements.

Manufacturers and other economic operators should maintain complete documentation, cooperate with authorities and establish effective compliance systems capable of identifying and correcting problems throughout the product lifecycle.

A proactive approach to compliance not only reduces regulatory risks but also strengthens customer confidence and supports long-term access to the European market.

Chapter 16 – Frequently Asked Questions (FAQ) about the EU Battery Regulation

The EU Battery Regulation (EU) 2023/1542 introduces numerous new obligations for manufacturers, importers, distributors and other economic operators. Since many of these requirements will be implemented gradually over several years, companies often have practical questions regarding their application.

The following FAQ addresses some of the most common questions about the Regulation. It provides general guidance but should not replace a detailed legal or technical assessment for specific products.

1. When does the EU Battery Regulation apply?

Regulation (EU) 2023/1542 entered into force on 17 August 2023 and generally became applicable from 18 February 2024.

However, many requirements are introduced gradually over several years. Examples include:

CE conformity assessment
Carbon Footprint Declaration
Battery Passport
Recycled content requirements
Removability requirements
Due diligence obligations

Manufacturers should therefore review the implementation timeline carefully.

2. Does the Regulation replace the old Battery Directive?

Yes.

Regulation (EU) 2023/1542 replaces Directive 2006/66/EC.

Unlike a Directive, an EU Regulation applies directly in all Member States without requiring national transposition, although national legislation may still establish enforcement procedures and penalties.

3. Which batteries are covered?

The Regulation applies to almost every battery placed on the European market, including:

Portable batteries
Starter batteries (SLI)
Batteries for Light Means of Transport (LMT)
Industrial batteries
Electric Vehicle (EV) batteries

Certain obligations apply only to specific battery categories.

4. Are button cells covered?

Yes.

Button cells are considered portable batteries and are therefore generally covered by the Regulation.

However, some requirements differ because of their size and intended applications.

5. Does every battery require CE marking?

No.

Only batteries for which the Regulation requires a conformity assessment must bear the CE marking.

Manufacturers should verify whether CE marking applies to their particular battery category.

6. Does the Battery Regulation replace other CE legislation?

No.

The Battery Regulation complements other applicable EU legislation.

Depending on the product, manufacturers may also need to comply with:

Radio Equipment Directive (RED)
Low Voltage Directive (LVD)
EMC Directive
Machinery Regulation
Medical Device Regulation (MDR)
RoHS Directive
REACH Regulation

Many battery-powered products are subject to several pieces of legislation simultaneously.

7. Does the Regulation apply to products containing batteries?

Yes.

Products containing batteries remain subject to the Battery Regulation regarding the battery itself.

At the same time, the complete product may also need to comply with additional legislation applicable to the finished product.

8. Is the Battery Passport required for every battery?

No.

The Battery Passport initially applies mainly to:

Electric Vehicle batteries
Rechargeable industrial batteries above 2 kWh

Additional battery categories may be added in the future.

9. Is a QR code required?

For battery categories requiring a Digital Battery Passport, a QR code (or another machine-readable data carrier) is generally required.

The QR code provides access to digital product information.

10. Are manufacturers outside the EU affected?

Yes.

Non-EU manufacturers may continue to sell batteries within the European Union.

However, products placed on the EU market must comply with the Battery Regulation, and other economic operators—such as importers or authorized representatives—must fulfil their respective legal obligations.

11. Who is responsible for compliance?

Responsibility depends on the economic operator.

Manufacturers remain primarily responsible for product compliance.

However, importers, distributors, authorized representatives and fulfilment service providers also have legal obligations.

12. What documentation must manufacturers prepare?

Depending on the battery category, manufacturers may need:

Technical Documentation
EU Declaration of Conformity
Carbon Footprint Declaration
Recycled Content Declaration
Battery Passport
Test Reports
Risk Assessments
Supplier Documentation
Traceability Records

Documentation requirements vary depending on the applicable provisions.

13. Is laboratory testing always required?

Not necessarily.

Testing requirements depend on:

Battery category
Applicable harmonised standards
Conformity assessment procedure
Product characteristics

Manufacturers should determine the applicable testing requirements during product development.

14. How long must documentation be retained?

The Regulation specifies documentation retention obligations for various economic operators.

Manufacturers should maintain technical documentation and related compliance records for the legally required retention period after placing the battery on the market.

15. What happens if a battery is non-compliant?

Authorities may require:

Corrective actions
Additional documentation
Product withdrawal
Product recall
Sales restrictions
Administrative penalties under national law

The specific measures depend on the nature of the non-compliance.

16. Are recycled content requirements already mandatory?

Manufacturers must first provide recycled content declarations for applicable battery categories.

Mandatory minimum recycled content percentages apply according to the implementation dates established by the Regulation.

17. What is the difference between Carbon Footprint and Recycled Content?

These are two separate sustainability requirements.

The Carbon Footprint measures greenhouse gas emissions generated throughout the battery’s life cycle.

Recycled Content measures the proportion of recovered raw materials used to manufacture the battery.

Both contribute to improving the sustainability of batteries but assess different aspects.

18. Do small companies have to comply?

Yes.

The Battery Regulation applies regardless of company size.

However, certain obligations—such as mandatory due diligence—apply only to companies meeting specific criteria defined in the Regulation.

19. Does the Regulation apply to batteries sold online?

Yes.

The same legal requirements apply regardless of whether batteries are sold:

Through distributors
Directly by manufacturers
Via online marketplaces
Through e-commerce platforms

Online sales do not exempt companies from compliance obligations.

20. Where can companies find the latest regulatory information?

Manufacturers should monitor updates published by:

The European Commission
National market surveillance authorities
European standardization organizations (CEN, CENELEC)
Official harmonised standards
Official guidance documents

Because implementing acts and harmonised standards continue to evolve, companies should review regulatory developments regularly.

Final Thoughts

The EU Battery Regulation represents one of the most significant changes to battery legislation in recent decades. Its requirements extend well beyond traditional product safety and now include sustainability, circular economy principles, supply chain transparency and digital product information.

Manufacturers that begin preparing early—by integrating compliance into product development, supply chain management and quality systems—will be better positioned to meet both current obligations and future regulatory developments.

End of Guide

This concludes the comprehensive guide to Regulation (EU) 2023/1542. While many implementing acts, delegated acts and harmonised standards are still being developed, the Regulation already provides a clear framework for the future of battery compliance in the European Union.

Companies should continue monitoring regulatory updates to ensure that their products remain compliant as additional technical requirements and guidance become available.