EU Battery Regulation 2023/1542: dates, passport, carbon

Hugues Orgitello updated 7 Oct 2026 23 min read

From 18 February 2027 a portable battery built into a product must be removable and replaceable by the end user, and every battery placed on the EU market must carry a QR code: Regulation (EU) 2023/1542 reaches product design directly. Published in the Official Journal on 28 July 2023 and in force since 17 August 2023, it replaced Directive 2006/66/EC with a directly applicable regulation covering the whole life of a battery, from substance limits and carbon footprint to collection and recycling. This guide works from the consolidated text of 13 August 2026, which carries three amendments. It separates the dates that are fixed in the text from the dates that only start running once the Commission adopts a delegated or implementing act, which is where most published timelines go wrong.

TL;DR: Five categories (portable, LMT, EV, industrial, SLI) defined by weight and purpose, not by kWh; the 2 kWh figure is the threshold above which industrial batteries get the carbon footprint, recycled content, performance and passport duties. Fixed dates: separate collection symbol from 18 August 2025; QR code on every battery, battery passport (LMT, EV, industrial above 2 kWh) and user-removable portable batteries (Article 11) from 18 February 2027; minimum recycled content from 18 August 2031. Conditional dates: the carbon footprint declaration and the new Annex VI labels apply from a calendar date or a period after a Commission act, whichever is later, and as of 7 October 2026 the Publications Office records list neither the carbon footprint methodology act nor the labelling act. Due diligence moved to 18 August 2027 (Regulation (EU) 2025/1561). Annex I substance limits were rewritten on 13 August 2026 to cover batteries in cars and vans.

What changed in 2025 and 2026

The regulation keeps moving. Every entry below comes from the Official Journal or the consolidated text.

Date	Act	What it does
10 January 2025	Commission guidelines C/2025/214	Interprets Article 11: tool categories (via EN 45554), wet-environment and medical derogations, and the rule that the phone and tablet ecodesign Regulation (EU) 2023/1670 prevails for those products
21 March 2025	Delegated Regulation (EU) 2025/606	Methodology for calculating and verifying recycling efficiency and material recovery rates (Article 71)
30 July 2025	Regulation (EU) 2025/1561	Due diligence obligations of Article 48(1) postponed from 18 August 2025 to 18 August 2027; Commission guidelines deadline moved to 26 July 2026
18 August 2025	Article 96 and Article 13(4)	Chapter VIII (extended producer responsibility, collection, treatment) applies; separate collection symbol mandatory on all batteries; deadline for Member States to set penalties (Article 93)
13 November 2025	Implementing Regulation (EU) 2025/2289	Reporting formats, assessment methods and operational conditions for the collection and treatment of waste batteries
10 April 2026	Corrigendum to 2023/1542	Third corrigendum (after 17 April 2024 and 8 October 2025); among other points it adds the Article 13(4) and (5) markings to the public passport data of Annex XIII
13 August 2026	Regulation (EU) 2026/1738 (End-of-Life Vehicles), Article 53	Annex I replaced: new cadmium, lead and hexavalent chromium limits for batteries incorporated in M1 and N1 vehicles
16 September 2026	Implementing Decision (EU) 2026/2048	First harmonised standard cited under the regulation: EN 18060:2025, performance and durability of EV modules and batteries

Scope: all batteries, with three carve-outs

Article 1(3) covers every battery "regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose", including batteries incorporated into or added to products. Two rules settle edge cases. A battery that could fit more than one category is treated, for Chapter II, as belonging to the category with the strictest requirements. Cells or modules sold for end use without further assembly count as batteries, under the requirements of the most similar category (Article 1(4)).

The exclusions are narrow. Article 1(5) removes batteries incorporated in, or designed for, equipment connected with the protection of essential security interests, arms, munitions and war material (products not intended specifically for military purposes stay in scope) and equipment designed to be sent into space. Article 1(6), added by corrigendum, takes equipment designed for the safety of nuclear installations out of Chapters III and IX only (labelling and passport). There is no general exclusion for "extreme conditions" equipment.

The five battery categories (Article 3)

Category	Definition in Article 3(1)	Examples
Portable (point 9)	Sealed, weighs 5 kg or less, not designed specifically for industrial use, and not an EV, LMT or SLI battery	Coin cell, phone battery, earbud cell, consumer power-tool pack
LMT (point 11)	Sealed, weighs 25 kg or less, designed to power the traction of wheeled vehicles driven by an electric motor alone or with human power, including type-approved category L vehicles, and not an EV battery	E-bike, e-scooter, light moped battery
EV (point 14)	Designed for traction in hybrid or electric vehicles of category L when it weighs more than 25 kg, or of categories M, N or O	Car, van, truck, trailer traction battery; heavy motorcycle pack
Industrial (point 13)	Designed specifically for industrial uses, intended for industrial use after repurposing, or any other battery above 5 kg that is not EV, LMT or SLI	Stationary storage, UPS, forklift battery, a domestic home storage pack above 5 kg
SLI (point 12)	Designed to supply power for starting, lighting or ignition, which can also serve auxiliary or backup purposes in vehicles, other means of transport or machinery	12 V car starter battery

The 2 kWh figure does not appear in any definition. It appears in the obligations: Articles 7, 8, 10, 13(6) and 77 apply to "industrial batteries with a capacity greater than 2 kWh". A 1.5 kWh industrial battery is still industrial; it simply escapes those duties. Several articles also carve out industrial batteries "with exclusively external storage" or give them later dates.

Fixed dates and conditional dates, article by article

Most battery timelines print one date per obligation. The text often prints a date and a trigger, and applies "whichever is the latest". The table shows the condition and where it stood on 7 October 2026.

Article	Obligation	Batteries	Date in the text	Status on 7 October 2026
Annex I, Art. 6	Mercury, cadmium, lead limits	See substance table below	Lead (portable) from 18 August 2024; vehicle limits from 13 August 2026	Applies
10(1)	Document with Annex IV Part A performance and durability values	Industrial above 2 kWh, LMT, EV	18 August 2024	Applies
12	Safety of stationary battery energy storage systems, Annex V parameters in the technical documentation	Stationary BESS	18 August 2024	Applies
14	State of health and expected lifetime data in the BMS, read-only access	Stationary BESS, LMT, EV	18 August 2024	Applies
13(4)	Separate collection symbol	All	18 August 2025	Applies
7(1)	Carbon footprint declaration	EV	18 February 2025 or 12 months after the methodology delegated act and the format implementing act	Not yet triggered: no methodology act in the OJ
7(1)	Carbon footprint declaration	Rechargeable industrial above 2 kWh (not external storage)	18 February 2026 or 18 months after those acts	Not yet triggered
13(1) to (3)	Annex VI Part A label, capacity label, "non-rechargeable" and minimum average duration	All / rechargeable portable, LMT, SLI / non-rechargeable portable	18 August 2026 or 18 months after the Article 13(10) implementing act	Not yet triggered: no labelling implementing act in the OJ
7(2)	Carbon footprint performance class and label	EV	18 August 2026 or 18 months after the class delegated act	Not yet triggered
11	Removable and replaceable portable batteries; LMT replaceable by independent professionals	Products incorporating them	18 February 2027	Fixed
13(6)	QR code	All	18 February 2027	Fixed
77	Battery passport	LMT, industrial above 2 kWh, EV	18 February 2027	Fixed
10(2)	Minimum performance and durability values	Rechargeable industrial above 2 kWh	18 August 2027 or 18 months after the delegated act	Conditional
48(1)	Due diligence policies, notified body verification	Operators above EUR 40 million turnover	18 August 2027 (was 18 August 2025)	Fixed by Regulation (EU) 2025/1561
7(3)	Maximum carbon footprint threshold	EV	18 February 2028 or 18 months after the delegated act	Conditional
8(1)	Recycled content documentation (Co, Li, Ni in active materials; Pb)	Industrial above 2 kWh, EV, SLI	18 August 2028 or 24 months after the methodology delegated act	Conditional
9	Minimum performance for portable batteries of general use (not button cells)	AA, AAA, 9 V and other listed formats	18 August 2028 or 24 months after the delegated act	Conditional
7(1), 10(3)	Carbon footprint declaration; minimum performance	LMT	18 August 2028 or 18 months after the acts	Conditional
8(2)	Minimum recycled content: 16 % Co, 85 % Pb, 6 % Li, 6 % Ni	Industrial above 2 kWh, EV, SLI	18 August 2031	Fixed
8(1)	Recycled content documentation	LMT	18 August 2033	Fixed
8(3)	Minimum recycled content: 26 % Co, 85 % Pb, 12 % Li, 15 % Ni	Industrial above 2 kWh, EV, LMT, SLI	18 August 2036	Fixed

"Not yet triggered" is the reading of the text, not a guess about the Commission timetable. A search of the EU Publications Office records for acts whose title cites Regulation (EU) 2023/1542 returned, besides the amendments and corrigenda, only Delegated Regulation (EU) 2025/606, Implementing Regulation (EU) 2025/2289 and Implementing Decision (EU) 2026/2048. Neither the carbon footprint methodology act nor the Article 13(10) labelling act is among them. When each is adopted, the clock starts from its entry into force.

For positioning these dates against other regimes (RED, CRA, ESPR), see the certification timeline guide.

Carbon footprint (Article 7, Annex II)

The declaration is drawn up per battery model per manufacturing plant. Article 7(1) lists its minimum content: manufacturer, battery model, geographic location of the plant, the carbon footprint in kg CO₂ equivalent per kWh of total energy provided over the expected service life, the footprint split by life cycle stage, the identification number of the EU declaration of conformity, and a web link to a public version of the supporting study. Annex II requires the methodology to follow the Product Environmental Footprint (PEF) approach, using the single "climate change" impact category.

The article builds in three steps, each with its own delegated act: the declaration (paragraph 1), a performance class with a label (paragraph 2, classes reviewed every three years), and a maximum life cycle threshold (paragraph 3) that may force a reclassification. The regulation does not fix the number of classes or their letters; the delegated act will.

Two later tracks exist for rechargeable industrial batteries with external storage: declaration from 18 August 2030, class from 18 February 2032, threshold from 18 August 2033, each also "or 18 months after" the relevant act. By 31 December 2030 the Commission must assess extending Article 7 to portable batteries. Paragraphs 1 to 3 do not apply to a battery that was already on the market before being prepared for reuse, repurposed or remanufactured.

Recycled content (Article 8)

From 18 August 2028, or 24 months after the methodology delegated act (due by 18 August 2026), industrial batteries above 2 kWh (not exclusively external storage), EV batteries and SLI batteries containing cobalt, lead, lithium or nickel in active materials must be accompanied by documentation of the share recovered from manufacturing or post-consumer waste, per model, per year and per plant. LMT batteries follow from 18 August 2033.

Material	From 18 August 2031	From 18 August 2036
Cobalt	16 %	26 %
Lead	85 %	85 %
Lithium	6 %	12 %
Nickel	6 %	15 %
Batteries covered	Industrial above 2 kWh, EV, SLI	Industrial above 2 kWh, EV, LMT, SLI

By 31 December 2028 the Commission must assess whether these targets should be revised, and may amend them by delegated act by 18 August 2029. The figures above are the legal targets, not "indicative" ones.

Performance, durability, safety and battery management (Articles 9, 10, 12, 14)

• Article 9: portable batteries of general use (formats such as AA, AAA, AAAA, C, D, 9 V, 4.5 V, A23, excluding button cells) must meet the Annex III minimum values once the delegated act exists, from 18 August 2028 at the earliest.
• Article 10(1): since 18 August 2024, rechargeable industrial batteries above 2 kWh, LMT and EV batteries come with a document giving the Annex IV Part A electrochemical performance and durability values (rated capacity, power and internal resistance with their fade, round trip efficiency where applicable, expected lifetime in cycles); the technical documentation explains how they were measured. Minimum values are set by delegated act for industrial (paragraph 2) and LMT (paragraph 3) batteries only. EV batteries have no minimum-value paragraph in Article 10.
• Article 12: stationary battery energy storage systems must be safe in normal operation; since 18 August 2024 the technical documentation must show they were tested against the Annex V safety parameters (thermal shock and cycling, external short circuit, overcharge, over-discharge, over-temperature, thermal propagation, mechanical damage, internal short circuit, thermal abuse, fire test, gas emission) where the hazard exists.
• Article 14: since 18 August 2024, the BMS of stationary storage systems, LMT and EV batteries holds the Annex VII state of health and expected lifetime parameters (for EV batteries, state of certified energy), with read-only access for whoever legally bought the battery and a software reset function for repurposing.

The first harmonised standard, EN 18060:2025 (performance and durability of EV modules and batteries for road vehicles), was cited in the OJ on 16 September 2026 by Decision (EU) 2026/2048. Conformity with it gives presumption of conformity under Article 15 for the requirements it covers.

Labelling, marking and the QR code (Article 13, Annex VI)

Marking	Who	From
Separate collection symbol (crossed-out wheeled bin), at least 3 % of the largest side (1.5 % of the surface for cylindrical cells), maximum 5 × 5 cm; on the packaging at 1 × 1 cm if it would be smaller than 0.47 × 0.47 cm	All batteries	18 August 2025
Cd or Pb symbol beneath the bin symbol, at least a quarter of its size	Batteries above 0.002 % cadmium or 0.004 % lead	Applies (no deferred date)
General label, Annex VI Part A: manufacturer, category and identification, place and date (month, year) of manufacture, weight, capacity, chemistry, hazardous substances other than Hg, Cd, Pb, usable extinguishing agent, critical raw materials above 0.1 % w/w	All batteries	18 August 2026 or 18 months after the implementing act
Capacity label	Rechargeable portable, LMT, SLI	Same condition
Minimum average duration and "non-rechargeable" label	Non-rechargeable portable	Same condition
QR code giving access to the passport (LMT, EV, industrial above 2 kWh) or to the label data, declaration of conformity, due diligence report and waste information (other batteries)	All batteries	18 February 2027

Labels and the QR code are printed or engraved visibly, legibly and indelibly on the battery; where size or nature makes that impossible, they go on the packaging and accompanying documents (Article 13(7)). The implementing act on harmonised label specifications was due by 18 August 2025 (Article 13(10)); until it enters into force and 18 months pass, the Part A label is not enforceable, while the collection symbol already is.

Removable and replaceable batteries (Article 11)

From 18 February 2027, anyone placing on the market a product that incorporates a portable battery must make it "readily removable and replaceable by the end-user at any time during the lifetime of the product". The text is precise:

• Tools: removal with commercially available tools, without specialised tools (unless supplied free of charge with the product), proprietary tools, thermal energy or solvents. The Commission guidelines map this onto EN 45554: "commercially available tools" covers basic tools, no tools and commercially available tools; proprietary tools are excluded.
• Whole battery: the obligation covers the entire battery, not individual cells.
• Information: instructions and safety information on removal and replacement accompany the product and stay permanently online.
• Spare parts: batteries remain available for at least five years after the last unit of the equipment model is placed on the market, at a reasonable and non-discriminatory price (paragraph 7).
• Software: must not be used to impede replacement with a compatible battery (paragraph 8).
• LMT: the battery and its individual cells must be replaceable by an independent professional (paragraph 5).

Derogations, all narrower than usually reported. Paragraph 2 allows replacement by independent professionals only for (a) appliances designed to operate primarily in an environment regularly subject to splashing water, water streams or immersion and intended to be washable or rinseable, where needed for user and appliance safety, and (b) professional medical imaging and radiotherapy devices and IVD medical devices. Paragraph 3 lifts the obligation where continuity of power supply requires a permanent connection for safety or, for products whose main function is collecting and supplying data, for data integrity. There is no general "professional equipment" exemption.

Phones and tablets are a special case. Article 11(1) is without prejudice to stricter EEE-specific rules, and guidelines C/2025/214 state that for products covered by the ecodesign Regulation (EU) 2023/1670 (smartphones, other mobile phones, cordless phones, slate tablets), its Annex II replaceability rules prevail. Those allow replacement by "generalists" instead of laypersons when the battery and device meet stricter durability requirements. The USB-C obligation of Directive (EU) 2022/2380 runs in parallel; see the USB-C universal deadline news.

Battery passport (Article 77, Annex XIII)

From 18 February 2027, each LMT battery, each industrial battery above 2 kWh and each EV battery placed on the market or put into service has an electronic record. Key mechanics from the text:

• Access: through the QR code of Article 13(6), linked to a unique identifier attributed by the economic operator placing the battery on the market. The QR code and identifier comply with ISO/IEC 15459-1 to -6 or equivalent.
• Three tiers: public information (Annex XIII point 1: Annex VI Part A label data, material composition, carbon footprint, due diligence report information, recycled and renewable content, rated capacity, voltages, power capability, expected lifetime in cycles, round trip efficiency, internal resistance, warranty period and more); information for persons with a legitimate interest (dismantling, repair, repurposing, recycling); information for notified bodies, market surveillance authorities and the Commission.
• Responsibility: the operator placing the battery on the market keeps the data accurate, complete and up to date. After repurposing or remanufacturing a new passport is created and linked to the original; when the battery becomes waste, responsibility passes to the producer or producer responsibility organisation; the passport ceases to exist once the battery is recycled.
• Registry: Article 77(10), inserted by the ESPR, requires the unique identifier to be uploaded to the digital product passport registry of Article 13(1) of Regulation (EU) 2024/1781.
• Data format: open standards, interoperable, machine-readable, structured and searchable, without vendor lock-in (Article 77(5), essential requirements in Article 78).

The implementing act defining who has a "legitimate interest" was due by 18 August 2026 (Article 77(9)).

Collection, treatment and recycling targets (Chapter VIII, Annex XII)

Chapter VIII has applied since 18 August 2025. Producers of portable batteries (or their producer responsibility organisations) must reach collection rates of 45 % by 31 December 2023, 63 % by 31 December 2027 and 73 % by 31 December 2030 (Article 59). For LMT batteries the targets are 51 % by 31 December 2028 and 61 % by 31 December 2031 (Article 60). SLI, industrial and EV batteries carry a free take-back obligation without a percentage target (Article 61).

Annex XII target	By 31 December 2025	By 31 December 2030
Recycling efficiency, lead-acid	75 %	80 %
Recycling efficiency, lithium-based	65 %	70 %
Recycling efficiency, nickel-cadmium	80 %	(no later step)
Recycling efficiency, other	50 %	(no later step)

Material recovery	By 31 December 2027	By 31 December 2031
Cobalt, copper, lead, nickel	90 % each	95 % each
Lithium	50 %	80 %

The calculation method is set by Delegated Regulation (EU) 2025/606. Article 71(5) required a Commission assessment of these targets by 18 August 2026; the report (COM(2026) 470) is dated 11 September 2026.

Conformity assessment and CE marking (Articles 17 to 20, Annex VIII)

Requirements	Series production	Not series production	Notified body
Articles 6, 9, 10, 12, 13, 14 (substances, performance, BESS safety, labels, BMS data)	Module A (internal production control) or D1 (quality assurance of the production process)	Module A or G (unit verification)	Only if D1 or G is chosen
Articles 7 and 8 (carbon footprint, recycled content)	Module D1	Module G	Yes (NB)
Repurposed, remanufactured batteries (additional assessment)	Module A	Module A	No

Article 17 has applied since 18 August 2024, but paragraph 2 (the Articles 7 and 8 route) applies only 12 months after the Commission first publishes the list of bodies notified under the regulation (Article 30(2)). The regulation contains no module A1, B, C or H1.

The manufacturer draws up the EU declaration of conformity (Annex IX model) and affixes the CE marking on the battery, followed by the notified body number where Annex VIII requires one. Where a battery falls under several Union acts requiring a declaration (a storage system also covered by RED, the EMC Directive or the Low Voltage Directive, for instance), a single declaration lists them all (Article 18(3)). Technical documentation and the declaration are kept for 10 years. For the mechanics of modules, see the self-declaration vs notified body guide; for the CE logic common to all regimes, the CE marking guide and the CE procedure.

Annex I substance restrictions, as replaced on 13 August 2026

Article 6 applies Annex I "in addition to" REACH Annex XVII. Regulation (EU) 2026/1738 on end-of-life vehicles replaced the Annex I table from 13 August 2026, moving the vehicle battery exemptions of Directive 2000/53/EC into the Battery Regulation.

Substance	Limit by weight	Applies to
Mercury	0.0005 %	All batteries, incorporated or not
Cadmium	0.002 %	Portable batteries
Cadmium	0.01 % in homogeneous material	EV and SLI batteries in M1 and N1 vehicles (spare EV batteries for vehicles placed on the market before 31 December 2008 exempt)
Lead	0.01 %	Portable batteries from 18 August 2024; portable zinc-air button cells exempt until 18 August 2028
Lead	0.1 % in homogeneous material	Portable, EV and SLI batteries in M1 and N1 vehicles, with exemptions: vehicles type-approved before 1 January 2024 (before 1 January 2019 for high-voltage EV systems above 75 V DC), and 12 V SLI batteries and 24 V SLI batteries in special purpose vehicles (both to be reviewed in 2030)
Hexavalent chromium	0.1 % in homogeneous material	Batteries incorporated in M1 and N1 vehicles

Before 13 August 2026 cadmium and lead bound portable batteries only. Since then, EV and SLI batteries in cars and vans also have limits, even if the 12 V starter battery stays exempt. The Annex VI marking threshold is a different number: any battery above 0.002 % cadmium or 0.004 % lead must carry Cd or Pb, so a compliant portable battery can still need a Pb symbol.

Articulation with REACH, RoHS, WEEE, ecodesign and the CRA

REACH (Regulation (EC) 1907/2006) keeps applying to substances in batteries; Annex I sits on top of REACH Annex XVII. See the REACH guide.

RoHS (Directive 2011/65/EU) addresses the electrical and electronic equipment, not the battery chemistry, whose metal limits come from Annex I above.

WEEE (Directive 2012/19/EU) stays on the finished equipment; waste batteries removed from it follow Chapter VIII of the Battery Regulation. See the WEEE guide.

Ecodesign: the ESPR (Regulation (EU) 2024/1781) amended Article 77 to link the passport to its registry. Product-specific ecodesign rules can add battery requirements to the host product, as Regulation (EU) 2023/1670 does for phones and tablets.

CRA (Regulation (EU) 2024/2847) applies to products with digital elements whose intended use includes a data connection. A BMS or storage system with a network interface needs that assessment too; see the Cyber Resilience Act guide. The CRA reporting obligations apply from 11 September 2026 and the rest from 11 December 2027.

Due diligence on battery raw materials (Articles 47 to 53)

From 18 August 2027 (Regulation (EU) 2025/1561 moved the date from 18 August 2025, citing the slow designation of notified bodies), economic operators placing batteries on the market must set up battery due diligence policies covering cobalt, natural graphite, lithium, nickel and their chemical compounds needed for active materials (Annex X). The chapter does not apply to operators with a net turnover below EUR 40 million that are not part of a group exceeding that figure (Article 47). It is not limited by battery category.

The obligations: a management system with top-management responsibility and a chain of custody (Article 49), risk management consistent with OECD and other instruments listed in Annex X (Article 50), verification and periodic audit by a notified body (Articles 48(2) and 51), an annual public report (Article 52(3)), and 10 years of record keeping. The Commission guidelines deadline moved to 26 July 2026. The mechanism echoes the conflict minerals Regulation (EU) 2017/821, which it applies without prejudice to.

Practical impacts for product designers

1. Battery access: for portables, design for removal with commercially available tools from 18 February 2027: no adhesive that needs heat or solvents, no proprietary screws unless the tool ships free with the product. Keep spare batteries available five years after the last unit.
2. Category by weight and use: document the category in the technical file. A sealed home storage pack above 5 kg is industrial; check the 2 kWh line separately.
3. QR code on every battery: from 18 February 2027 every category needs one. Reserve space on the cell or pack, or plan packaging and documents where the battery is too small.
4. Passport data (LMT, EV, industrial above 2 kWh): assign an ISO/IEC 15459 identifier, plan the Annex XIII data and its upload to the ESPR registry.
5. Supplier data: carbon footprint per model and plant, recycled content per material and due diligence evidence all come from upstream. Build them into cell purchase contracts now, even where the date is still conditional.
6. Networked BMS: if the BMS exposes a network interface (CAN gateway, BLE, LoRa, Modbus TCP), plan CRA conformity in parallel. For storage systems and EV/LMT batteries, the BMS must also give read-only state of health access (Article 14).
7. Technical file: cover Annex IV (performance), Annex V (BESS safety), Annex VII (BMS data), and later Annex II (carbon footprint); keep it 10 years.

For the full regulatory mapping (CE, RED, EMC, RoHS, REACH, WEEE), see the CE marking scope page. The spilma glossary lists key terms (PEF, ESPR, economic operator) with their reference definitions.

Claims the texts contradict

Common claim	What the text says
"An industrial battery is one above 2 kWh." (this page said so until October 2026)	Article 3(1)(13): designed for industrial use, or any other battery above 5 kg that is not EV, LMT or SLI. 2 kWh is the threshold for Articles 7, 8, 10 and 77, not part of the definition.
"EV batteries have needed a carbon footprint declaration since 18 February 2025; industrial since 18 February 2026." (this page said so)	Article 7(1): that date or 12 (EV) or 18 (industrial) months after the methodology delegated act and the format implementing act, whichever is later. No such delegated act is in the OJ as of 7 October 2026.
"Battery labels are mandatory from 18 August 2026."	Article 13(1) to (3): 18 August 2026 or 18 months after the labelling implementing act, whichever is later. Only the separate collection symbol (since 18 August 2025), the Cd/Pb symbols and, from 18 February 2027, the QR code have fixed dates.
"LMT batteries are for vehicles without road type approval." (this page said so)	Article 3(1)(11) expressly includes type-approved category L vehicles; an L-category traction battery above 25 kg is an EV battery.
"Conformity is assessed with modules A1, D1, H1 and G." (this page said so)	Article 17: modules A, D1 and G only. Carbon footprint and recycled content need D1 or G.
"Recycled content is set out in Annex XII and the 2031 figures are indicative." (this page said so)	Recycled content is Article 8 and its percentages are binding. Annex XII sets recycling efficiency and material recovery targets for recyclers.
"Due diligence applies from 18 August 2025 and exempts portable batteries and very small firms." (this page said so)	Regulation (EU) 2025/1561 moved it to 18 August 2027. The exemption is a EUR 40 million turnover threshold (Article 47); there is no portable battery exclusion. Graphite is covered alongside cobalt, lithium and nickel.
"Cadmium and lead limits only bind portable batteries." (this page said so)	True until 12 August 2026. Since 13 August 2026 Annex I, replaced by Regulation (EU) 2026/1738, limits cadmium, lead and hexavalent chromium in batteries of M1 and N1 vehicles.
"From 2027 a smartphone must have a battery any user can swap with basic tools." (this page implied so)	Guidelines C/2025/214: for phones and tablets the ecodesign Regulation (EU) 2023/1670 prevails, which allows replacement by generalists when stricter durability requirements are met.
"Professional equipment is exempt from removability." (this page said so)	Article 11(2) and (3) list only wet-environment appliances, medical imaging, radiotherapy and IVD devices, and the continuity of power or data integrity case.
"Equipment for extreme conditions is outside scope." (this page said so)	Article 1(5) excludes only security and military equipment and space equipment; Article 1(6) takes nuclear safety equipment out of Chapters III and IX.

See also

• Environmental compliance: what it asks of a product
• Lithium battery shipping: IATA DGR, IMDG, ADR, DOT
• IEC 62133 and UN 38.3: Li-ion battery safety and transport
• WEEE 2012/19/EU: European e-waste management framework
• REACH 1907/2006: chemical substances and SVHC
• Solar PV modules: IEC 61730 safety and IEC 61215 performance
• ESPR (EU) 2024/1781: Sustainable Products Reg
• ErP / Ecodesign 2009/125/EC: product energy efficiency
• Energy Star: the US voluntary energy-efficiency program
• EU Ecolabel, PEF and LCA for electronic products

A 30-minute audit with AESTECHNO engineers.

AESTECHNO is the electronics design house that edits spilma. We help product teams scope their certification effort and avoid the common mistakes.

Book a free audit

Watch-out points

Risk	Consequence	Action
Glued or proprietary-screw battery in a portable product	Product not compliant with Article 11 from 18 February 2027	Redesign the battery access now; check the derogations line by line
No QR code on small batteries	Non-conformity from 18 February 2027 for every category	Plan the code on the battery, or on packaging and documents where size prevents it
Reading conditional dates as fixed	Effort spent too early, or a real deadline missed	Track the delegated and implementing acts; the clock starts at their entry into force
Treating 2 kWh as the industrial definition	Wrong category, wrong obligations	Classify by weight and intended use first
Missing the August 2026 Annex I change	Vehicle batteries above the new Cd, Pb or Cr(VI) limits	Check homogeneous-material content for M1 and N1 applications
Forgetting the CRA on a networked BMS	Cybersecurity non-conformity	Include the BMS in the CRA analysis if it has a data connection

Article 93 required Member States to lay down penalty rules by 18 August 2025; they must be effective, proportionate and dissuasive. Market surveillance relies on Regulation (EU) 2019/1020, which the Battery Regulation amended.

Working on Battery Regulation scoping for a product containing a lithium-ion or lead-acid cell for a real product? AESTECHNO can audit your design and certification plan. Get in touch

Sources & references

1. Regulation (EU) 2023/1542 on batteries and waste batteries (original OJ text), EUR-Lex eur-lex.europa.eu/eli/reg/2023/1542/oj
2. Regulation (EU) 2023/1542, consolidated version of 13 August 2026, EUR-Lex eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R1542-20260813
3. Regulation (EU) 2025/1561 postponing battery due diligence obligations to 18 August 2027, EUR-Lex eur-lex.europa.eu/eli/reg/2025/1561/oj
4. Regulation (EU) 2026/1738 on end-of-life vehicles (Annex XII replaces Annex I of 2023/1542), EUR-Lex eur-lex.europa.eu/eli/reg/2026/1738/oj
5. Commission guidelines on removability and replaceability of portable and LMT batteries (C/2025/214), EUR-Lex eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52025XC00214
6. Implementing Decision (EU) 2026/2048 citing EN 18060:2025, the first harmonised standard under 2023/1542, EUR-Lex eur-lex.europa.eu/eli/dec_impl/2026/2048/oj
7. Delegated Regulation (EU) 2025/606 on the recycling efficiency and material recovery methodology, EUR-Lex eur-lex.europa.eu/eli/reg_del/2025/606/oj
8. European Commission, batteries and accumulators page, European Commission environment.ec.europa.eu/topics/waste-and-recycling/batteries_en
9. Directive 2006/66/EC on batteries and accumulators (repealed), EUR-Lex eur-lex.europa.eu/eli/dir/2006/66/oj
10. JRC, Product Environmental Footprint methodology, Joint Research Centre eplca.jrc.ec.europa.eu/permalink/PEF_method.pdf
11. Regulation (EU) 2019/1020 on market surveillance, EUR-Lex eur-lex.europa.eu/eli/reg/2019/1020/oj