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Navigating the New EU Batteries Regulation: A Roadmap for Manufacturers

Aug 23, 2024

In August 2023, the new Batteries Regulation for the EU entered into force in all member states. Covering the whole life cycle of batteries, the regulation is complex, and its implementation poses a challenge for the manufacturers concerned, especially as certain articles require a third-party verification by a notified body. Since DEKRA will become a notified body in the future, it will be able to help manufacturers to understand and navigate the regulation.

Batteries are key to the decarbonization process and the EU's shift towards climate neutrality by 2050 which corresponds to an economy with net-zero greenhouse gas emissions. The demand for batteries will grow in the context of mobility, transportation, logistics, and industrial solutions, as well as in energy grid and storage applications. Also consumer electronics, recreational products and home appliances will increasingly utilize batteries. In this context, the new Batteries and Waste Batteries Regulation (EU) 2023/1542 is of major importance. The new regulation is replacing the batteries directive of 2006 (2006/66/EC) and completes legislation, particularly in terms of waste management. The batteries regulation is already in force, though some requirements will get into force in the coming years. The new rules aim to make batteries sustainable throughout their entire life cycle, from the sourcing of materials to their collection, recycling, and repurposing. They will drive the growth of a competitive and sustainable battery industry that will play a crucial role in Europe's transition to clean energy and fuel independence. Battery manufacturers that are informed about the new rules and have a clear idea of the articles affecting them, can navigate the necessary processes and certifications leaner and more cost-efficient.

All around the life cycle

The new regulation covers all battery types and applications, whether it’s portable or industrial batteries, electric vehicle (EV) batteries, light means of transport (LMT) batteries or starting, lighting and ignition (SLI) batteries.
It will ensure that in the future, batteries will have a low carbon footprint, use minimal harmful substances, need less raw materials from non-EU countries, and that they are collected, reused and recycled to a high degree in Europe. The regulation focusses on five topic fields:
  • 1. Sustainability and safety in terms of carbon footprint, restrictions on hazardous substances (mercury, cadmium and lead) and targets for recycled materials content.
  • 2. Supply chain management including due diligence requirements.
  • 3. The new regulation introduces requirements for labelling and publicly available information. An individual digital battery passport will be required for all light means of transport batteries, industrial batteries above 2 kWh, and EV batteries placed on the market or put into service. This shall enhance transparency along the supply and value chains for all stakeholders and aid the exchange of information regarding each battery sample. The passport includes information on the battery model, the specific battery and its use. All batteries must have labels and QR codes detailing their capacity, performance, durability and chemical composition, as well as show the "separate collection" symbol. This passport will start on February 18, 2027, and it’s the battery manufacturers responsibility to arrange the battery passport. Furthermore, manufacturers have to check, whether their labeling is fulfilling the product passport requirements. In the future, they need to be "CE" marked to demonstrate conformity with health, safety and environmental protection standards applicable in the EU.
  • 4. The articles regarding the battery second life are specifically relevant for repairers, remanufacturers and second-life operators.
  • 5. Concerning recycling and the end-of-life management, the new EU Battery Regulation aims to ensure that batteries are subject to separate, high-quality recycling and therefore imposes obligations for end users.

No certification without a notified body

So far, so comprehensible. For many requirements, battery manufacturers can select whether to self-declare or alternatively undergo verification by a so-called notified body. However, the requirements for carbon footprint (Art. 7), recycling (Art. 8) and due diligence processes (Art. 48-51) must undergo third-party verification (as of 2025 for EVs with all other applications following in 2026 and 2028) by notified bodies. These mandatory third party audit and verification activities combine organizational and product related requirements such as:
  • Regulation interpretation, workshop, seminar
  • Battery safety, performance, durability testing and certification
  • Battery removability and replaceability evaluation
  • Battery labelling and marking evaluation
  • Battery passport compliance evaluation
  • Battery manufacturing process inspections and audits
  • Substances restriction testing and evaluation
  • EMC, connectivity, mechanical, chemical, cybersecurity
  • Battery state of health evaluation (during operational phase)
But what exactly is a notified body? Notified bodies are organizations approved by their EU member state to evaluate the conformity of specific products. DEKRA already has great experience as a notified body for many EU directives. In order to help companies navigate these complex regulatory challenges and to provide verification and assessment services related to all mandatory requirements to fulfill all obligations of the EU Batteries Regulation, DEKRA is planning to become a notified body in the batteries field as soon as the notification authorities have established their processes and requirements.
Battery manufacturers and traders benefit already today from DEKRA’s expert know-how, extensive global network of battery testing labs, battery experts and regulatory specialists. Among others, DEKRA provides battery testing during R&D or manufacturing phases, Life Cycle Assessment (LCA) verification, or the Supply Chain Risk Management (2nd party audits).

The countdown is on

The new EU Battery Regulation is now in force. The approval processes of the notified bodies are currently still ongoing. From 2025, things will get serious for the battery manufacturers concerned when the implementation phase for the new regulations begins. By 2025, verification by a third party will be required, and in 2027, a unique battery passport will be introduced. By 2028, the regulation will implement a carbon footprint threshold and require reporting on critical mineral sourcing. Lithium-based batteries must achieve minimum recycling efficiency of 70 per cent by 2030. And by 2031, the regulation will set minimum recycled content share targets of 85 per cent for lead, 16 per cent for cobalt, and 6 per cent for both lithium and nickel. DEKRA advises everyone affected by the new EU Batteries Regulation not to waste time.
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