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

I. Introduction: From Directive to Regulation

Previously, the European Battery Directive¹ has mainly focussed on the recovery phase of batteries. However, the European Green Deal puts batteries at the centre of efforts to achieve climate neutrality and the sustainable use of resources. In view of the growing importance and demand for batteries as an energy source for various sectors, a standardised legal framework is required along their entire life cycle. However, with the limited scope of regulation and differing implementation by the Member States, the Battery Directive was reaching its limits in creating a sustainable battery value chain. Standardised requirements are needed - from procurement to production and recycling - that cover ethical raw material sourcing, security of supply, sustainable battery production, reducing negative environmental impacts and improving resource efficiency. The Regulation (EU) 2023/1542² now sets out harmonised requirements to improve the resource use, circular economy, sustainability and safety of batteries.

In order to ensure that batteries meet the specified standards and guarantee a high level of environmental protection, mandatory conformity assessment procedures are now prescribed. This obligation lies with the battery producer, who has the best insight into the product design and manufacturing process. However, other economic operators along the supply chain must also ensure that only compliant batteries are placed on the market. The key obligations and innovations are presented in the following and the associated challenges for economic operators are highlighted.
 

II. Obligations and innovations of the Regulation

The BattVO introduced and continues to introduce significant innovations compared to the Battery Directive, which cover all phases of the life cycle. Some of the regulations have already been in force since 18 February 2024, while the innovations in particular will be implemented gradually until 2027 and beyond. The following new or significantly extended requirements must be met when placing batteries on the market in future, although the structure and deadlines may differ depending on the type of battery and are subject to frequent adjustments and changes::

• Mandatory indication of the carbon footprint, minimum recycled content for active materials and requirements for performance, durability and safety in the context of sustainability and safety standards (Art. 6-10, 12)
• Significantly expanded labelling requirements, information on the ageing status and service life in the battery management system and additional information (Art. 13, 14), which will be provided in future via a QR code and digital battery passport (Art. 77, 78)
• Introduction of conformity assessment, CE marking and issuance of the EU declaration of conformity for batteries (Art. 17-20)
• Determination of due diligence obligations for economic operators with an annual net turnover of at least EUR 40 million (Art. 47-53)
• Determination of due diligence obligations for economic operators with an annual net turnover of at least EUR 40 million (Art. 47-53). EUR (Art. 47-53)
• Extending the requirements for end-of-life management, in particular with regard to collection, treatment and arrangements for reuse, repurposing and remanufacturing (Art. 54-76)

Determining the scope of obligations for companies depends largely on their own role in the value chain. A significant innovation is the introduction of the producer according to Art. 3 No. 33, who is responsible for compliance and fulfilment of sustainability and safety standards as well as labelling and information requirements. ‘Manufacturer’ means any natural or legal person who manufactures a battery or has a battery designed or manufactured, and markets that battery under its own name or trademark or puts it into service for its own purposes.’

Producers, importers or distributors can also be producers in accordance with Art. 3 No. 47, who are primarily responsible for the management of waste batteries. ‘Producer’ means any manufacturer, importer or distributor or other natural or legal person that, irrespective of the selling technique used, markets batteries in the Member State concerned.

It is important to note that the concept of producer does not exist in other legislation that may also be relevant for companies. The different terminology can lead to confusion and, under certain circumstances, to companies not fulfilling all their obligations. Under Directive 2011/65/EU³ (RoHS), for example, there is only the term manufacturer, which includes the producer according to the Battery Regulation. Companies must therefore familiarise themselves in detail with the definitions of economic operators and clearly differentiate their role in the value chain in order to record all their obligations and comply with them in full.
 

III. CE conformity challenges

A staggered approach to implementation deadlines is intended to make the implementation process easier for economic operators and authorities, but also contributes to greater complexity and a lack of transparency. Many deadlines are dependent on delegated acts to be adopted, the implementation of which is already experiencing delays and in some cases extended deadlines already apply.

UPDATE: Extension of deadline for due diligence obligations

A proposal by the Commission (2025/0129 (COD)) to amend the Battery Regulation is currently under public consultation until 30 July 2025, which would give economic operators more time to comply with the due diligence obligations set out in the Battery Regulation. Currently scheduled to start on 18 August 2025, the relevant obligations relating to the adaptation of corporate strategy and management systems, the establishment of risk management measures and the associated obligations for independent verification and disclosure will not take effect until 18 August 2027.

A delay was already apparent at the beginning of the year when the relevant guidelines, which the Commission had originally planned to publish by 18 February 2025, failed to materialise. According to the draft, these will now also be granted a longer period of time – we can expect guidelines for their application to be published on 26 July 2026. Finally, the extension of the deadline also takes into account the fact that the notified bodies for independent review have not yet been established – they are to be given more lead time. Ultimately, however, economic operators are also likely to welcome the additional two years. In the current period of geopolitical upheaval and economic uncertainty, this will provide more leeway to actually assess supply chains adequately and adjust them if necessary.

One of the central obligations of the Battery Regulation is the implementation of conformity assessment procedures for batteries, which are carried out or initiated by producers and which in turn must be checked by other economic operators along the supply chain. This requires not only precise knowledge of the legal requirements, but also considerable resources and investment in the corresponding process and infrastructure for implementation. All economic operators face the challenge of ensuring that all batteries that they place on the market or put into operation - including those that are installed in devices - comply with the specified requirements.

Conformity assessment procedures, the affixing of CE markings and the issuing of the EU Declaration of Conformity must be implemented or at least commissioned by the producers. Small and medium-sized companies in particular will face major challenges in providing resources for the design and implementation of these processes. Importers and distributors of batteries must ensure that the batteries meet the conformity requirements and that the producers have fulfilled their obligations before placing them on the market or making them available on the market. To this end, it will be necessary to take measures such as a thorough review of the documentation and verification of the correct labelling of the batteries and to incorporate these into the existing procurement processes. Particularly in the case of producers based outside the EU, importers in the Union should have detailed knowledge of the requirements for conformity assessment procedures and other regulations in order to ensure that all requirements are actually addressed. All requirements must also be met for batteries installed in devices/components that may even originate from other producers and suppliers. This requires increased coordination, the revision of supply contracts and the development of knowledge, which in turn means additional costs for the companies involved.

Conformity assessment procedures, the affixing of CE markings and the issuing of EU declarations of conformity must be implemented by the manufacturers in a procedural manner or at least commissioned. Small and medium-sized enterprises in particular face challenges in providing the resources to design and implement these processes. Importers and distributors of batteries must ensure that the batteries comply with the conformity requirements and that the producers have fulfilled their obligations before placing them on the market. In practice, this means a thorough review of the documentation and verification of the correct labelling of the batteries – ideally already during their inclusion in the existing procurement processes. In particular, importers in the EU should be fully aware of the requirements for conformity assessment procedures and other regulations, especially in the case of producers based outside the EU, in order to ensure that all requirements have actually been addressed. All requirements must also be met for batteries built into devices/components that may even come from other producers and suppliers. This may require increased coordination, the revision of supply contracts and the development of knowledge.

All relevant documents, including EU declarations of conformity and technical files, must be kept for a period of ten years and made available upon request by the authorities. This requires effective document management and storage as well as extended contractual agreements in case required documents such as the EU Declaration of Conformity are not handed over by the producer or supplier.

The implementation of conformity assessment procedures for batteries thus represents a key challenge not only for the producer, but also for importers and distributors, both in terms of resources associated with procedural implementation and precise compliance with the legal requirements that must be coordinated and checked.
 

IV. Conclusion & Outlook

The Battery Regulation represents a significant step towards regulating the battery market that should not be underestimated. While some areas are harmonised, others, such as end-of-life management, are still left quite ‘open’ to the member states. The large number of innovations and obligations, both for established and new players, makes it clear that their implementation can by no means be achieved in passing. Numerous questions regarding practical implementation and feasibility are still open and may require readjustments. The linking of specifications with other product-specific regulations, such as the requirements for batteries installed in appliances, is particularly challenging.

Successful implementation of the new battery regulations will be crucial to achieving the goals of the European Green Deal and ensuring the sustainable use of batteries along the entire value chain. The comprehensive compliance regulations should lead to increased control and potentially greater safety of batteries, which seems appropriate given the growing importance and demand for batteries.

Download the regulation

You can open and download the full text of the Battery Regulation (EU) 2023/1542 via the following link: