EU Battery Regulation 2023/1542: passport, carbon footprint, removable battery
Guide · Battery Regulation
Published in the Official Journal on 28 July 2023 and entered into force on 17 August of the same year, Regulation (EU) 2023/1542 sets out, for the first time, a unified European framework covering the entire life cycle of batteries placed on the Union market, from design through end of life. It progressively replaces Directive 2006/66/EC, whose substance-and-collection approach was no longer sufficient to govern the rise of electric mobility and stationary storage. This guide presents the five battery categories, the carbon footprint, recycled content and digital passport obligations, the 2024-2028 application schedule, and the practical consequences for product designers, including the removable-battery rule and its interaction with USB-C.
Why Directive 2006/66/EC was replaced
Section titled “Why Directive 2006/66/EC was replaced”The 2006 Batteries and Accumulators Directive addressed a technological context that is now outdated. It mostly targeted alkaline cells, lead-acid batteries and early consumer lithium-ion accumulators. Three factors led the Commission to propose a replacement regulation.
The first factor is the rise of electric vehicles and stationary storage systems built on large-format lithium-ion batteries. These products, almost nonexistent in 2006, now form the fastest-growing market segment and concentrate most environmental and strategic concerns (critical raw materials, supply dependency). The 2006 directive offered no dedicated tools for that segment.
The second factor is single-market fragmentation. A directive, by design, leaves Member States room for transposition. Collection schemes, labelling and marking diverged noticeably across countries. A directly applicable regulation removes that dispersion.
The third factor is the move to a full life-cycle approach. The 2006 directive focused on end of life (collection, recycling, substance restrictions). Regulation 2023/1542 integrates manufacturing carbon footprint, recycled content embedded by design, in-service performance and durability, and traceability via a digital passport. It is a paradigm shift aligned with the European Green Deal and the Circular Economy Action Plan.
The regulation joins the CE marking family: the battery becomes a harmonised product under the New Legislative Framework. For consistency with other CE regimes, see the CE marking guide and the detailed CE procedure.
Scope: all batteries placed on the Union market
Section titled “Scope: all batteries placed on the Union market”Article 1 sets out a deliberately broad scope. The regulation covers every battery, whatever its shape, volume, weight, chemistry or intended use, as soon as it is made available on the Union market. It applies equally to batteries sold separately and to batteries incorporated into a finished product, including permanently embedded ones.
Three narrow exclusions are provided: batteries for national security and defence equipment, batteries for space applications, and batteries for equipment specifically designed for operation in extreme conditions beyond normal civilian use. All other devices, from the IoT sensor to the megawatt-hour storage rack, fall within scope.
The five battery categories (Article 3)
Section titled “The five battery categories (Article 3)”The regulation structures the market into five categories. The taxonomy drives the applicable obligations, capacity thresholds, technical entry-into-force dates and conformity assessment route.
| Category | Definition (synthesis) | Examples |
|---|---|---|
| Portable | Sealed, under 5 kg, non-industrial use, not EV, not LMT | Coin cell, smartphone battery, wireless earbud, consumer power tool |
| LMT (Light Means of Transport) | Battery powering wheeled vehicles without full road-vehicle homologation | E-bike, e-scooter, light electric moped |
| EV (Electric Vehicle) | Traction battery of category M, N, L homologated vehicles | Electric car, electric van, homologated motorcycle |
| Industrial | Capacity above 2 kWh, or below if intended use is industrial | Stationary storage, datacentre UPS, forklift battery, outdoor telecom |
| SLI (Starting, Lighting, Ignition) | Starting and powering accessories of combustion-engine vehicles | 12 V lead-acid battery, heavy-duty truck accessory battery |
The boundary between categories is not always sharp. A 1.8 kWh battery installed in a telecom shelter falls in the industrial category despite its capacity being below the threshold, because the intended use is industrial. Conversely, a 3 kWh pack sold for domestic solar storage shifts into the industrial category by capacity, regardless of the installation context. The classification must be documented in the technical file.
Cross-cutting obligations
Section titled “Cross-cutting obligations”Beyond category-specific requirements, the regulation imposes several obligations on every battery placed on the market.
Carbon footprint
Section titled “Carbon footprint”Article 7 introduces a carbon footprint declaration per battery model, expressed in kg CO₂ equivalent per kWh of total energy delivered over expected lifetime. The methodology builds on the Product Environmental Footprint (PEF) developed by the JRC. The regulation foresees three successive steps:
- Declaration: publication of a verified carbon footprint value per model.
- Performance class: assignment of a letter A to E by footprint tranche, set by implementing acts.
- Maximum threshold: ban on placing on the market batteries exceeding a cap, set by a later implementing act.
The declaration is required from 18 February 2025 for EV batteries, from 18 February 2026 for industrial batteries above 2 kWh, and from 18 August 2028 for LMT batteries. The implementing acts defining the performance class and the maximum threshold follow on a horizon initially set at 18 months after each declaration step.
Recycled content
Section titled “Recycled content”Article 8 introduces a recycled content declaration requirement for four critical materials: cobalt, lead, lithium and nickel. The declaration becomes required from 18 August 2028 for industrial batteries above 2 kWh, EV batteries and SLI batteries. From 18 August 2031, minimum recycled content thresholds apply (indicative targets: 16 % cobalt, 85 % lead, 6 % lithium, 6 % nickel), with a phased increase through 2036. Final values will be set by implementing act based on a feasibility study.
The mechanism mirrors the CMRT (Conflict Minerals Reporting Template) framework applied to conflict minerals: it requires documented traceability throughout the supply chain, from the miner to the pack assembler. For a European manufacturer, this means a contractual setup with cell and active material suppliers, and a data management system that does not exist by default.
Performance and durability
Section titled “Performance and durability”Article 10 and Annex IV impose minimum performance and durability requirements for stationary industrial and EV batteries. Targets include usable capacity, capacity fade over time (reference cycles), round-trip energy efficiency, self-discharge, and ability to sustain fast charge and discharge. The test methodology is detailed in Annex IV and in harmonised standards under development. EV declaration requirements have applied since August 2024, and minimum thresholds will follow by implementing act.
Removable and replaceable battery (Article 11)
Section titled “Removable and replaceable battery (Article 11)”This is probably the most visible provision for the general public. From 18 February 2027, portable batteries integrated into a product must be designed so that they can be removed and replaced by the end user, using basic commercially available tools, without damaging the product.
Operative criteria are set out in the regulation and forthcoming delegated acts: availability of replacement batteries during the expected useful life, replacement instructions, reasonable pricing, and a design that does not require destructive disassembly. Three narrow derogations are provided: products specifically designed to operate primarily in a wet environment, products where continuity of power supply is critical and end-user replacement cannot be performed safely, and certain professional equipment.
Article 11 stacks on top of the USB-C directive (Directive (EU) 2022/2380): a smartphone sold on the EU market from 2027 must combine a USB-C port and a user-removable battery. See the dedicated news on the USB-C universal deadline. For manufacturers, this is a mechanical product redesign to be planned at the design stage, not a last-minute cosmetic tweak.
Battery passport
Section titled “Battery passport”Article 77 and Annex XIII introduce a digital battery passport, publicly accessible via a QR code physically affixed to the battery. The passport contains:
- A unique battery identifier (UID) and model identifier.
- Technical characteristics: chemistry, nominal capacity, voltage, mass, dimensions.
- Carbon footprint and performance class.
- Declared recycled content for Co, Pb, Li, Ni.
- Performance and durability parameters.
- Origin of critical raw materials (due diligence, Article 49).
- Identity of the responsible economic operator and placement history.
The passport becomes mandatory on 18 February 2027 for EV batteries, LMT batteries and industrial batteries above 2 kWh. The economic operator placing the battery on the market is responsible for populating and maintaining the passport throughout its useful life. The technical specification of the identifier scheme and the central registry is being developed within Commission and CEN-CENELEC working groups.
Collection and end of life
Section titled “Collection and end of life”The regulation carries over and tightens the collection targets of Directive 2006/66/EC. For portable batteries, the collection rate target rises to 63 % in 2027 and 73 % in 2030. For LMT batteries, a dedicated target is introduced: 51 % in 2028 and 61 % in 2031. Industrial, EV and SLI batteries are subject to a take-back obligation by producers without a quantitative threshold, with the supply chain responsible for ensuring treatment. Material-level recycling efficiencies (Pb, Co, Li, Ni) are also increased and phased through 2031.
Application schedule
Section titled “Application schedule”Article 96 organises a staged entry into force spanning nearly a decade. The table below summarises the major milestones identified to date.
| Date | Obligation activated | Category or categories |
|---|---|---|
| 17 August 2023 | Entry into force | All |
| 18 February 2024 | General application of the regulation (transitional provisions) | All |
| 18 August 2024 | Performance and durability requirements (declaration) | EV |
| 18 February 2025 | Carbon footprint declaration | EV |
| 18 February 2026 | Carbon footprint declaration, performance class | Industrial > 2 kWh, EV |
| 18 February 2027 | Battery passport, removable and replaceable battery | EV, LMT, industrial > 2 kWh; portables (removability) |
| 18 August 2028 | Carbon footprint declaration, recycled content declaration | LMT; EV/industrial/SLI for recycled content |
| 18 August 2031 | Minimum recycled content thresholds | EV, industrial > 2 kWh, SLI |
Several milestones remain conditional on implementing or delegated acts (performance class, thresholds, harmonised test methods). The effective trajectory may be adjusted by the Commission, but the schedule architecture is set in the base text.
For positioning these dates against other regimes (RED, CRA, ESPR), see the certification timeline guide.
Conformity assessment (Annex VIII)
Section titled “Conformity assessment (Annex VIII)”Annex VIII spells out the applicable assessment modules, aligned with Decision 768/2008/EC. The table below summarises the main correspondences.
| Requirement | Admissible module(s) | Third party required |
|---|---|---|
| Performance and durability (Annex IV) | A1 (internal control + supervised tests) | Conditional (tests supervised by NB) |
| Carbon footprint (Annex II) | Third-party verification of the declaration | Yes (accredited verifier) |
| Recycled content (Annex XII) | Third-party verification | Yes |
| General requirements (Articles 6 to 9) | D1 (production quality assurance) or H1 (full quality assurance) | Yes (notified body) |
| Very-large-capacity batteries, unit production | G (unit verification) | Yes |
Several modules require a notified body designated under the regulation. National authorities notify the Commission, which consolidates the list in the NANDO database. For the mechanics of modules and the choice of assessment route, see the self-declaration vs notified body guide.
The economic operator then draws up the EU declaration of conformity and affixes the CE marking on the battery. When the battery is integrated into a product already covered by other directives (RED, EMC, Low Voltage, ESPR), the single declaration must list all applicable acts.
Articulation with REACH, RoHS, WEEE and Ecodesign
Section titled “Articulation with REACH, RoHS, WEEE and Ecodesign”The Battery Regulation sits at the crossroads of several horizontal regimes. Understanding the articulation avoids both double assessment and blind spots.
REACH (Regulation (EC) 1907/2006) continues to apply to chemical substances used in batteries (electrolytes, additives, separators). The Battery Regulation sets battery-specific thresholds for mercury (0.0005 % by weight), cadmium (0.002 %) and lead (0.01 % from 18 August 2024, with a transitional exemption for SLI batteries). These thresholds add to, rather than replace, REACH.
RoHS (Directive 2011/65/EU) applies to hazardous substances in electrical and electronic equipment, hence to the product containing the battery, but not directly to the battery chemistry itself. No operational overlap.
WEEE (Directive 2012/19/EU) remains in force for the finished product containing the battery. The battery share of collection and treatment shifts to Regulation 2023/1542: a single waste stream can fall under both regimes depending on the component. The manufacturer still owes a WEEE declaration on the equipment.
ESPR (Regulation (EU) 2024/1781, successor to the ErP directive) applies to the finished product and may impose additional durability, repairability and recycled content requirements on the system as a whole. When a product contains a battery, the two regimes coexist: the Battery Regulation governs the battery, ESPR governs the host product.
CRA (Regulation (EU) 2024/2847) applies to the digital functions of a BMS (Battery Management System) when these grant the product network connectivity. An industrial battery with Modbus, CAN, OPC UA or MQTT connectivity therefore also falls within the CRA scope. See the Cyber Resilience Act guide for the detailed cybersecurity obligations.
Due diligence on critical raw materials
Section titled “Due diligence on critical raw materials”Article 49 introduces, for economic operators placing batteries on the market (excluding very small enterprises and portable batteries), a due diligence obligation on the upstream supply chain of four materials: cobalt, lithium, nickel and natural graphite. The operator must map upstream suppliers, assess social and environmental risks, publish an annual report and have the policy verified by a third party.
The mechanism follows the spirit of the conflict minerals rules (Regulation (EU) 2017/821) and of the extractive sector due diligence framework. For a European manufacturer with no prior upstream obligation, this is a substantial organisational programme, to be anticipated well before the carbon footprint schedule kicks in.
Practical impacts for product designers
Section titled “Practical impacts for product designers”For an engineering office designing a product that contains a battery today, Regulation 2023/1542 changes several structural parameters. The list below covers the main impacts identified.
- Battery access mechanics: for portables, rethink the architecture to allow user removal with basic tools (clips, standard screws, screwed cover). Structural adhesives and cell-side welds become problematic.
- Cell supplier selection: integrate carbon footprint and recycled content data into the requirements specification. Low-cost Asian cells without PEF documentation become a regulatory risk over time.
- Networked BMS: if the BMS exposes a network interface (CAN-FD with gateway, BLE, LoRa, Modbus IP), plan for CRA conformity in parallel.
- Identifier and QR code: integrate a persistent unique identifier and a durable, visible QR code on the battery from the design stage. For batteries embedded in sealed products, plan passport accessibility.
- Technical file: structure documentation to cover the relevant annexes (II carbon footprint, IV performance, XII recycled content, XIII passport). Test reports must be retained for ten years.
- Labelling: the crossed-out wheeled bin symbol, the chemistry identifier, the capacity and the mass must appear on the battery, complemented over time by the carbon performance class.
- Sourcing: integrate due diligence into cell sourcing. Suppliers must provide attestations and third-party reports.
For the full regulatory mapping (CE, RED, EMC, RoHS, REACH, WEEE), see the CE marking scope page. The spilma glossary lists key terms (battery passport, LMT, EV, PEF, BMS) with their reference definitions.
Watch-out points
Section titled “Watch-out points”| Risk | Consequence | Action |
|---|---|---|
| Underestimating the removability rule | Refusal to place portables on the market in 2027 | Redesign mechanical architecture from 2025-2026 |
| Postponing the battery passport | Technical file not ready at market entry | Start PEF data collection with cell supplier in 2026 |
| Neglecting due diligence | Article 96 sanctions and reputational exposure | Launch cobalt/lithium supplier mapping from 2026 |
| Confusing PEF thresholds and recycled content | Mis-timed roadmap | Separate 2025-2026 (declarations) from 2031 (recycled content thresholds) |
| Forgetting CRA on networked BMS | Cybersecurity non-conformity | Include BMS in CRA scope if any network interface |
| Treating the battery as out of CE scope | Missing marking, possible withdrawal | Affix CE marking on the battery itself |
Sanctions are set by each Member State (Article 93), but the regulation requires that they be effective, proportionate and dissuasive. Early national transpositions provide for substantial administrative fines, as well as market withdrawal and recall measures aimed at end users. Market surveillance relies on Regulation (EU) 2019/1020.
Sources & references
- Regulation (EU) 2023/1542 on batteries and waste batteries , EUR-Lex eur-lex.europa.eu/eli/reg/2023/1542/oj
- European Commission, batteries and accumulators page , European Commission environment.ec.europa.eu/topics/waste-and-recycling/batteries-and-accumulators_en
- Directive 2006/66/EC on batteries and accumulators (repealed) , EUR-Lex eur-lex.europa.eu/eli/dir/2006/66/oj
- JRC, Product Environmental Footprint methodology , Joint Research Centre eplca.jrc.ec.europa.eu/permalink/PEF_method.pdf
- Global Battery Alliance, battery passport resources , Global Battery Alliance www.globalbattery.org/
- Regulation (EU) 2019/1020 on market surveillance , EUR-Lex eur-lex.europa.eu/eli/reg/2019/1020/oj