EU Batteries Regulation 2023
The European Union (EU) adopted a new Batteries Regulation in 2023 aimed at reducing the environmental impacts of batteries throughout their lifecycle. This new regulation replaces the 2006 EU Batteries Directive and presents key considerations for U.S. exporters entering or expanding in the EU market.
Full Lifecycle Approach to Batteries
The EU Batteries Regulation is the first to adopt a full life-cycle approach, consolidating sourcing, manufacturing, usage, and recycling requirements into a single legislative framework. U.S. companies exporting batteries to the EU should be aware that this law harmonizes standards across all Member States, creating a more predictable regulatory environment. Compliance with these unified rules will be crucial for market entry and ongoing business in the region.
Cross-Member State Consistency
To ensure regulatory alignment, Member States are encouraged to share implementation practices with one another. U.S. exporters should expect uniform application of the regulation across all EU countries, minimizing potential discrepancies in local enforcement. For instance, harmonized waste management rules are designed to offer consistent levels of environmental and human health protection across the EU.
Scope of the Regulation
The regulation applies to a wide range of batteries, including portable, electric vehicle (EV), industrial, light means of transport (LMT), and starting, lighting, and ignition (SLI) batteries. U.S. exporters in these categories should ensure their products meet the applicable requirements to gain market access.
Sustainability Priorities
Sustainability is a critical focus of the new regulation. U.S. companies must ensure their batteries are sourced, manufactured, and recycled in line with EU environmental priorities. The regulation highlights the importance of batteries as an enabler of sustainable development and climate neutrality, urging exporters to minimize environmental impacts at every stage of production and disposal.
Hazardous Substances and Material Recovery
The use of hazardous substances such as mercury, cadmium, and lead, is tightly controlled under the regulation. U.S. exporters must reduce the presence of these substances in their products. The regulation promotes the recovery of valuable raw materials, such as cobalt, lithium, and nickel, from waste batteries, and mandates a minimum level of recycled content in batteries, which may require U.S. companies to adapt their supply chains accordingly.
Carbon Footprint Requirements
Batteries sold in the EU must be accompanied by a carbon footprint declaration, with the European Commission setting out a maximum life cycle carbon footprint threshold. U.S. manufacturers should focus on reducing the carbon intensity of their battery production processes to align with EU sustainability goals.
Design and Performance Standards
By 2027, the European Commission will introduce minimum electrochemical performance and durability standards. U.S. exporters will need to ensure that their products are designed to meet these performance criteria, with a focus on optimizing battery safety, longevity, and environmental impact.
Due Diligence and Audits
U.S. exporters will be required to implement due diligence policies for their battery operations, which must be verified by a notified body. Ongoing audits will ensure compliance with the regulation. Collaborating with EU-recognized due diligence schemes is strongly advised to demonstrate adherence to sustainability and safety standards.
Labeling and Battery Passport Requirements
Starting in 2026, all batteries sold in the EU must carry a label providing key information, including manufacture date, weight, and chemical composition. Furthermore, by 2025, all batteries must bear the symbol indicating separate collection to ensure proper recycling. U.S. exporters will also need to prepare for the introduction of a “battery passport,” a digital tool designed to enhance transparency along the supply chain. While some sensitive commercial information will remain confidential, the passport will make it easier for stakeholders to access relevant data on individual batteries.
Helpful Links:
https://eur-lex.europa.eu/eli/reg/2023/1542/oj
https://environment.ec.europa.eu/topics/waste-and-recycling/batteries_en
https://environment.ec.europa.eu/news/new-law-more-sustainable-circular-and-safe-batteries-enters-force-2023-08-17_en
For more information, please contact:
Jim Curtis – Commercial Officer and Standards Attaché – jim.curtis@trade.gov