Updates on the Battery Regulation

The EU Battery Regulation (Regulation 2023/1542) was adopted on July 10, 2023. It came into force on August 17, 2023, and aims to make the entire life cycle of batteries – from production to use and disposal – more sustainable.

At many points, the Regulation 2023/1542 requires further concretization through delegated acts and Commission implementing regulations. These are to be adopted in stages over the next few years. Furthermore, it is stipulated that the Commission issues guidelines on various aspects of Regulation 2023/1542, in order to facilitate the application. 

In the following, we provide an overview of the implementation status of selected important implementing regulations, delegated acts and guidelines*:

We recently provided information on the previously published guidelines on Art. 11 (Removability and replaceability of portable batteries and LMT batteries).

Further legislation is currently in preparation, with the Commission having already published draft proposals. The following are of particular interest:

• The draft of a Delegated Act regarding Art. 7 para. 1 subpara. 4 point a (Carbon footprint of electric vehicle batteries, rechargeable industrial batteries and LMT batteries - methodology for the calculation and verification);
• The draft of an Implementing Regulation regarding Art. 7 para. 1 subpara. 4 point b (Carbon footprint of electric vehicle batteries, rechargeable industrial batteries and LMT batteries - format for the carbon footprint declaration);
• The Draft of an Implementing Regulation „laying down harmonised specifications for the labelling requirements in Articles 7 and 13” (according to Art. 7 para. 2. subpara. 4 point b and Art. 13 para. 10). 

Legal acts concerning the following Articles are currently being prepared. Publication of the drafts is expected soon:

• Art. 7 para. 2. subpara. 4 point a (Carbon footprint of electric vehicle batteries, rechargeable industrial batteries and LMT batteries - establishing the carbon footprint performance classes);
• Art. 10 para. 5 (Performance and durability requirements for rechargeable industrial batteries, LMT batteries and electric vehicle batteries).

Many stakeholders in the battery market are also awaiting the publication of the guidelines as regards the application of the due diligence requirements laid down in Art. 49 and 50 Regulation 2023/1542 in accordance with Art. 48 para. 5 Regulation 2023/1542. The publication was actually already scheduled for February 18, 2025, but has not yet taken place. According to bodies involved in the development of these guidelines, the guidelines will not be published before the second half of 2025.

Also worth mentioning is the Commission Delegated Decision amending Decision 2000/532/EC as regards an update of the list of waste concerning battery-related waste. Such a revision of Decision 2000/532/EC was called for in recital 116 of Regulation 2023/1542 to take into account all chemical compositions of batteries, in particular codes for lithium waste batteries, as well as to enable proper sorting and reporting of these waste batteries.

* Many thanks to Clara Mouritz for her valuable help in preparing this post.