Batteries and Waste Batteries Regulation

Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC

1. Issued by / date / date of implementation

European Parliament, Council 12.07.2023 / Last update 28.07.2023 / Entered into force 17.08.2023

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2. Type of legislation

Binding regulation applicable in all Member States.

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3. General purpose

To minimise the environmental and social impacts caused by the increasing use of batteries the Batteries Regulation of the European Union regulates the sourcing, manufacturing, placing on the market, use and recycling of batteries in a single regulatory act. In line with the European Green Deal it thus takes a full life-cycle approach (circular economy) and aims to ensure

a low carbon footprint
minimal use of harmful substances
less raw materials usage from non-EU countries
performance of collection, reuse and recycling to a high degree within Europe

Article 6 of the regulation defines a framework for the restriction of hazardous substances in batteries. The restriction covers:

use of substances in the manufacture of batteries
presence of substances in batteries upon placing on the market
substance release during subsequent life cycle stages including repurposing and waste stage

The Regulation replaces the former Batteries Directive (Directive 2006/66/EC). It continues to restrict the use of mercury and cadmium in batteries and introduces a restriction for lead in portable batteries. By 31 December 2027, the Commission will present a report to the European Parliament and Council for the identification of further battery-associated substances posing an unacceptable risk to human health or the environment. Also, restriction proposals can be prepared by any European member state.

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4. Substitution relevant paragraphs

1. This Regulation lays down requirements on sustainability, safety, labelling, marking and information to allow the placing on the market or putting into service of batteries within the Union. It also lays down minimum requirements for extended producer responsibility, the collection and treatment of waste batteries and for reporting.

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3. This Regulation applies to all categories of batteries, namely portable batteries, starting, lighting and ignition batteries (SLI batteries), light means of transport batteries (LMT batteries), electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose. It shall also apply to batteries that are incorporated into or added to products or that are specifically designed to be incorporated into or added to products. […]

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Article 6

Restrictions on substances

1. In addition to the restrictions set out in Annex XVII to Regulation (EC) No 1907/2006 [REACH Regulation] and in Article 4(2), point (a), of Directive 2000/53/EC [on end-of life vehicles], batteries shall not contain substances for which Annex I to this Regulation contains a restriction unless the conditions of that restriction are complied with.

2. In the event of an unacceptable risk to human health or the environment, arising from the use of a substance in the manufacture of batteries or from the presence of a substance in the batteries when they are placed on the market, or arising during their subsequent life cycle stages, including during repurposing or the treatment of waste batteries, that is not adequately controlled and needs to be addressed on a Union-wide basis, the Commission shall adopt a delegated act in accordance with Article 89 to amend the restrictions in Annex I […].

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5. By 31 December 2027, the Commission, assisted by the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’), shall prepare a report on substances of concern, namely substances having an adverse effect on human health or the environment or hampering recycling for safe and high quality secondary raw materials, present in batteries or used in their manufacture. The Commission shall submit that report to the European Parliament and to the Council detailing its findings and shall consider the appropriate follow-up measures including the adoption of delegated acts as referred to in paragraph 2 of this Article.

Article 86

Restriction procedure for substances

1. If the Commission considers that the use of a substance in the manufacture of batteries, or the presence of a substance in the batteries when they are placed on the market, or during their subsequent life cycle stages, including during repurposing or treatment of waste batteries, poses a risk to human health or the environment that is not adequately controlled and needs to be addressed on a Union-wide basis, it shall request the Agency to prepare a restriction dossier which conforms to the requirements of Annex XV to Regulation (EC) No 1907/2006. The restriction dossier shall include a socioeconomic assessment, including an analysis of alternatives.

2. Within 12 months of the receipt of the request from the Commission referred to in paragraph 1 of this Article and if the restriction dossier prepared by the Agency pursuant to that paragraph demonstrates that action is necessary on a Union-wide basis, in addition to any measures already in place, the Agency shall suggest restrictions in order to initiate the process described in paragraphs 4 to 9 of this Article and Articles 87 and 88.

3. If a Member State considers that the use of a substance in the manufacture of batteries, or the presence of a substance in the batteries when they are placed on the market, or during their subsequent life cycle stages, including during repurposing or treatment of waste batteries, poses a risk to human health or the environment that is not adequately controlled and needs to be addressed on a Union-wide basis, it shall notify the Agency that it proposes to prepare a restriction dossier. The Member State shall prepare a restriction dossier. The restriction dossier shall include a socioeconomic assessment, including an analysis of alternatives. If the restriction dossier demonstrates that action on a Union-wide basis is necessary, in addition to any measures already in place, the Member State shall submit it to the Agency in the format set out in Annex XV to Regulation (EC) No 1907/2006, in order to initiate the process de-scribed in paragraphs 4 to 9 of this Article, and Articles 87 and 88.

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6. The Agency shall maintain a list of substances for which a restriction dossier under this Article is planned by or in progress in either the Agency or a Member State.

7. The Committee for Risk Assessment […] and the Committee for Socioeconomic Analysis […] shall check whether the restriction dossier submitted conforms to the requirements of Annex XV to that Regulation. […]

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9. The Agency shall make publicly available on its website the restriction dossier, including the restrictions suggested pursuant to paragraphs 2 and 3 without delay, clearly indicating its date of publication. The Agency shall invite all stakeholders concerned to submit individually or jointly, within four months of the date of publication:

(a) comments on the restriction dossier and the suggested restrictions;

(b) a socioeconomic analysis of the suggested restrictions, including an analysis of alternatives, or information which can contribute to such an analysis, examining the advantages and drawbacks of the suggested restrictions. Such analysis shall conform to the requirements of Annex XVI to Regulation (EC) No 1907/2006.

ANNEX I

RESTRICTION ON SUBSTANCES

Mercury and its compounds:

Batteries, whether or not incorporated into appliances, light means of transport or other vehicles, shall not contain more than 0,0005 % of mercury (expressed as mercury metal) by weight.

Cadmium and its compounds:

Portable batteries, whether or not incorporated into appliances, light means of transport or other vehicles, shall not contain more than 0,002 % of cadmium (expressed as cadmium metal) by weight.

Lead and its compounds:

1. From 18 August 2024, portable batteries, whether or not incorporated into appliances, shall not contain more than 0,01 % of lead (expressed as lead metal) by weight.

2. The restriction set out in point 1 shall not apply to portable zinc-air button cells until 18 August 2028.

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5. Assessment of relevance for substitution

The regulation aims to ensure that batteries placed on the EU market are sustainable and circular throughout their whole life cycle. A reduction of hazardous substances in new batteries should be achieved by setting restrictions for certain substances of concern, thus generating a potential need for substitution of the respective substances. Special relevance applies to the reduction of mercury, cadmium and lead, which are part of the Annex I restriction. By mandatory collection obligations (Article 59) of used batteries, generated hazardous substances are to be returned to the life cycle as far as possible. At the same time, labeling of products should inform the end user about hazardous substances and recycling requirements. Recycling of used batteries in end products should be facilitated.

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