By Abhishek Shetty | Thu Dec 15 2022 | 2 min read

Table of Contents

The European Union's new Battery Regulation (EU) 2023/1542, which officially replaced the outdated Battery Directive 2006/66/EC, sets a unified legal framework for the sustainability, safety, and circularity of batteries across the EU. The regulation entered into force on August 17, 2023, and introduces binding requirements on carbon footprint, recycled content, supply chain due diligence, and the battery passport.

What's New Compared to the Battery Directive?

This regulation is no longer a directive, it is directly applicable across all EU Member States without needing national transposition. It covers all battery types—portable, industrial, automotive, LMT (Light Means of Transport), and EV (Electric Vehicle) batteries—and introduces specific rules for each based on their classification and use.

Key changes include:

  • CE marking is now mandatory for most batteries.
  • Due diligence obligations for critical raw materials.
  • Carbon footprint disclosures and thresholds.
  • Digital battery passports for traceability and transparency.
  • Recycled content and material recovery mandates with set targets.
  • Design requirements for replaceability, removability, and durability.

CE Marking and Conformity Requirements

All batteries placed on the EU market must undergo a conformity assessment procedure and bear the CE marking to indicate compliance. The assessment route depends on battery type:

  • Portable and small industrial batteries (<2 kWh): Can self-declare via internal production control.
  • EV batteries, LMT batteries, and large industrial batteries: Require notified body involvement.

The CE mark must be visible, legible, and indelible, along with the declaration of conformity, which must be kept for 10 years .

Battery Passport: Digital Traceability Starts 2027

From February 18, 2027, battery passports will be mandatory for:

  • EV batteries
  • LMT batteries
  • Industrial batteries >2 kWh

The passport must be:

  • Electronic and machine-readable
  • Linked via QR code
  • Include information such as manufacturer ID, material composition, carbon footprint data, and recycled content .

The passport will also link to the European Battery Passport Platform, ensuring traceability and compliance monitoring across the product lifecycle.

Recycled Content and Recovery Targets

The regulation sets minimum recycled content requirements for cobalt, lead, lithium, and nickel in batteries:

  • By 2030:
    • 12% cobalt
    • 85% lead
    • 4% lithium
    • 4% nickel
  • By 2035:
    • 20% cobalt
    • 85% lead
    • 10% lithium
    • 12% nickel

Additionally, by December 31, 2027, recovery targets in recycling facilities must meet:

  • 90% for cobalt
  • 95% for lead
  • 70% for lithium
  • 90% for copper and nickel .

Supply Chain Due Diligence (Article 48)

Originally scheduled for 18 August 2025, the application date for supply chain due diligence obligations was formally postponed to 18 August 2027 through Regulation (EU) 2025/1561, adopted in July 2025 under the EU's Omnibus IV simplification package. The postponement was granted to allow Member States additional time to designate and accredit notified bodies and to align with the anticipated timing of Commission guidance on related frameworks, including the Corporate Sustainability Due Diligence Directive. The Commission's deadline to publish official due diligence guidance is set for 26 July 2026.

They must:

  • Establish a due diligence policy
  • Implement a risk management system
  • Use third-party verification and reporting
  • Publicly report on risks and mitigation steps

These steps align with the OECD Due Diligence Guidance and are mandatory for companies with annual turnover >€40 million .

Key EU Battery Regulation (EU) 2023/1542 Deadlines & Timeline

Key EU Battery Regulation (EU) 2023 1542 Deadlines & Timeline.PNG

Why EU Battery Regulation Matters

  • Global Impact: Non-EU manufacturers must comply if selling into the EU.
  • Product Design Pressure: Replaceability, safety, and recycled content now influence market access.
  • Compliance Complexity: Managing supply chain data, declarations, and battery passports requires dedicated infrastructure.
  • Enforcement Risk: Non-compliance may lead to withdrawal from the EU market or administrative fines.

How Regilient Helps

With Regilient, your battery compliance operations are automated and audit-ready:

  • Built-in EU Battery Regulation workflow
  • Battery passport-ready architecture
  • Automated due diligence tracking
  • CE mark documentation control
  • Recyclability and carbon data management

The EU Battery Regulation's obligations are already live and the Battery Passport deadline is closer than most manufacturers' current data infrastructure can support. Book a Regilient demo to see how Regilient automates battery compliance from CE marking through to passport-ready supply chain data.

Topics

Extended Producer ResponsibilityEuropean Union Regulations

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EU Battery Regulation to Replace Battery Directive 2006/66/EC

What key change occurs with the introduction of EU Battery Regulation 2023/1542?
Regulation (EU) 2023/1542, adopted on 12 July 2023 and entering into force on 17 August 2023, fully replaces the Battery Directive 2006/66/EC as of 18 August 2025—providing a harmonized, lifecycle-centric legal framework instead of a national-implementation directive.
Why was the old Battery Directive replaced?
The original directive (from 2006) was limited in scope and did not anticipate widespread battery use in EVs, e-bikes, or smart devices. The new Regulation reflects technological evolution and EU strategic priorities—including circular economy, sustainability, and critical raw material independence.
What are the key new obligations under the EU Battery Regulation?
The regulation introduces six new areas of obligation not present in the old directive: CE conformity assessment mandatory for all batteries placed on the EU market Digital Battery Passport for EV, LMT, and industrial batteries above 2 kWh from February 2027 Carbon footprint reporting and batch-specific declarations from February 2025 Minimum recycled content targets for cobalt, lithium, nickel, and lead by 2030 and 2035 Supply chain due diligence for cobalt, lithium, nickel, and natural graphite under Article 48 from August 2025 Design requirements for replaceability, removability, and durability across all battery categories
What is the EU Battery Passport and when does it become mandatory?
The Battery Passport is a mandatory digital record for EV batteries, LMT batteries, and industrial batteries above 2 kWh, required from 18 February 2027. It must be electronic, machine-readable, and linked via QR code. The passport must include manufacturer identification, material composition, carbon footprint data, recycled content information, and supply chain due diligence declarations. It links to the European Battery Passport Platform for lifecycle traceability and compliance monitoring.
What are the recycled content targets under the EU Battery Regulation?
The regulation sets binding minimum recycled content requirements for four materials: Under Regulation (EU) 2023/1542, from 18 August 2031 (or 36 months after the relevant delegated act enters into force, whichever is later), batteries placed on the EU market must meet minimum recycled content thresholds: 16% cobalt , 85% lead, 6% lithium , 6% nickel . From 18 August 2036 , the targets increase to 26% cobalt , 85% lead, 12% lithium , 15% nickel . Recovery efficiency targets at recycling facilities must be met by 31 December 2027: 90% for cobalt, 95% for lead, 70% for lithium, and 90% for copper and nickel.
Which companies must comply with battery supply chain due diligence under Article 48?
Article 48 due diligence obligations apply from 18 August 2025 to manufacturers placing batteries on the EU market with annual turnover above 40 million euros. Covered minerals are cobalt, lithium, nickel, and natural graphite. Compliance requires establishing a due diligence policy, implementing a risk management system, undergoing third-party verification, and publicly reporting on risks and mitigation steps, all aligned with the OECD Due Diligence Guidance for Responsible Supply Chains.
How does Regilient support EU Battery Regulation compliance for manufacturers?
Regilient's agentic sustainability platform covers the full EU Battery Regulation compliance programme: Battery Passport-ready architecture with material composition, carbon footprint, and recycled content data management CE marking documentation control and conformity assessment workflow support Article 48 due diligence tracking for cobalt, lithium, nickel, and natural graphite across the supply chain Carbon footprint calculation and batch-specific reporting aligned to the regulation's methodology requirements Recycled content target monitoring with supplier data collection workflows Deadline and milestone tracking across the 2025 to 2035 regulatory timeline