The European Commission published the new Union Battery Regulation in the Official Journal of the EU on July 28, 2023. It replaces the old Battery Directive 2006/66/EC from September 6, 2006, and entered into force on August 17, 2023. After a six-month period, it became directly applicable in all EU member states on February 18, 2024. Since August 18, 2024, the first important new obligations have been in effect. The EU Battery Regulation is a cornerstone of the European Green Deal and aims to improve the circular economy, resource use and efficiency, and the life cycle of batteries regarding climate neutrality and environmental protection.
Last revision: December 3, 2025 ~CH
Keywords: EU, EU Commission, EU Parliament, European Council, Batteries, Battery Directive, Battery Regulation, Portable Batteries, Industrial Batteries, Traction Batteries, Starter Batteries, Automotive Batteries, Vehicle Batteries, Electric Vehicle Batteries, CE Conformity, Carbon Footprint, Recycled Content, Battery Passport, Sustainability, Circular Economy, Battery Law, BattG3, European Green Deal
Current Status:
The Battery Regulation (BattV) was published in the Official Journal of the EU on July 28, 2023. It entered into force after a 20-day waiting period on August 17, 2023. On February 18, 2024, it gained direct effect in all EU member states, without requiring further national legislation. Since August 18, 2024, the new obligations of the EU BattV have been gradually coming into force. The old Battery Directive 2006/66/EC and the 27 national battery laws based on it were repealed on August 18, 2025. EU member states are currently adopting new laws, which will primarily function as “landing platforms” for the Battery Regulation, possibly supplemented by local specifics, for example regarding the national battery register (e.g., in Germany, the Battery Law Implementation Act, BattDG).
Important Note on Dates in this Article:
The transition periods in the BattV are given either as fixed dates for obligations of the regulation itself or as the date of effectiveness of the respective delegated legal acts. Theoretically, the latter date could fall after the fixed deadline for the respective requirement. However, in this article, we always refer to the fixed dates defined in the articles of the regulation.
Background
Origins of the Battery Regulation
In April 2019, the Commission published an evaluation of the Battery Directive 2006/66/EC. This showed that harmonization in Europe is better achieved through a regulation than a directive, as different measures for waste collection and treatment in individual states had led to an inconsistent legal framework. A regulation does not need to be transposed into national laws first but applies directly in each member state.
On December 10, 2020, the European Commission adopted the proposal for a revision of the Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020. Subsequently, the revised draft was published on March 14, 2022, after several meetings of the “Environment” group, and was discussed on December 9, 2022, in the 4th Trilogue between the Commission, Parliament, and the Council of the EU.
The goal and purpose of this new regulation are to revise the management of battery waste and to take measures to protect the environment and human health by preventing or reducing the adverse effects of waste generation and management. Furthermore, it aims to reduce the impacts of resource use and improve the resource efficiency of raw materials. Through these measures, the circular economy is to become more circular and climate-neutral, a toxic-free environment is to be created, and the long-term competitiveness as well as the strategic autonomy of the Union are to be improved. Additionally, greenhouse gas emissions are to be reduced.
Transition from Directive to Regulation
The Battery Directive is not being replaced abruptly by the new Battery Regulation; instead, both rules apply in parallel during a transition period. Since the Battery Directive is implemented in the form of 27 national “Battery Acts,” those also remain temporarily in force. The majority of the provisions of the Directive will cease to apply on August 18, 2025. On that day, all national legislations are also to be replaced by pure implementation rules for the Battery Regulation. For the various articles in the Battery Directive and the Regulation, a correspondence table exists in Annex XV of the BattV.
However, some provisions of the Battery Directive will remain active beyond the August 2025 deadline:
- The rules on the removability and replaceability of batteries in electrical and electronic equipment will only follow the BattV after February 18, 2027.
- The new requirements for national recycling efficiencies apply only from January 1, 2026.
- The reporting of countries to the European Commission must comply with the requirements of the Battery Regulation only from July 1, 2027.
- The indication of capacity on batteries will only follow the provisions of the BattV after August 18, 2026.
Since the new Battery Regulation has been fundamentally applicable and directly effective in all EU member states since February 18, 2024, and the existing Battery Directive and national laws are not repealed until August 18, 2025, all regulatory frameworks must be considered equally during this transition period. Since requirements for certain rules were sometimes designed differently in the Directive and national laws than in the new Regulation, there are partial uncertainties regarding which legal rules take precedence in case of doubt. Unfortunately, this question is not addressed in the legal texts or respective political background information (e.g., comments on draft bills, recitals of the Regulation), so the concrete handling remains partially unclear and ambiguous until the “orderly transition” in August 2025.
Examples:
- According to Article 13(5) BattV, since the beginning of applicability (February 2024), only the chemical symbols for Cadmium (Cd) and Lead (Pb), but not for Mercury (Hg), must be marked on batteries. However, according to the Battery Directive/laws, this remains mandatory until August 2025.
- The hazard symbols should continue to be placed below the symbol for “separate collection” (crossed-out wheeled bin). According to the BattV, this symbol must be affixed to batteries only from August 2025, but according to the Directive/laws, it is also required until then.
- According to Annex I BattV, the lead content in portable batteries may no longer exceed 0.01% by weight of the battery since August 18, 2024, which is effectively a ban on lead-based portable batteries. The Directive and its laws do not foresee such a limit.
Overview of the Key Points of the New Battery Regulation
New Roles
Effective 2024, the regulation defines several new economic operator roles: Producer, Importer, Authorised Representative (for product compliance), Authorised Representative (for extended producer responsibility, EPR), Economic Operator, and Independent Economic Operator. These roles carry specific obligations for placing batteries on the market.
New Battery Categories
Effective 2024, the regulation expands the existing three battery categories (Portable, Automotive, Industrial) to five, adding two new ones:
- Light Means of Transport (LMT) Batteries: For the traction of wheeled vehicles like e-bikes and e-scooters (sealed, ≤ 25kg).
- Electric Vehicle (EV) Batteries: For the propulsion of road vehicles (classes M, N, O, and heavy L >25kg).
- Sub-categories are also introduced, such as “Portable Batteries of General Use” (common consumer sizes like AA, AAA).
Carbon Footprint Declaration and Requirements
For rechargeable industrial batteries (with internal storage >2 kWh), EV batteries, and LMT batteries, a mandatory carbon footprint declaration, performance class labeling, and later maximum thresholds will be phased in between 2025 and 2032, depending on the battery type.
Minimum Performance and Durability Requirements
- For Portable Batteries of General Use, minimum values for durability and electrochemical performance will apply from August 18, 2028.
- For rechargeable industrial batteries (>2 kWh), EV batteries, and LMT batteries, technical documentation with performance values is required from August 18, 2024. Minimum performance thresholds will apply from August 18, 2027, for industrial batteries and from August 18, 2028, for LMT batteries.
Minimum Recycled Content
For industrial, EV, LMT, and starter batteries containing cobalt, lead, lithium, or nickel:
- Declaration obligation: From August 18, 2028 (for Industrial/EV/Starter) and from August 18, 2033 (for LMT).
- Minimum recycled content thresholds (in active materials):
- From August 18, 2031: 16% Cobalt, 85% Lead, 6% Lithium, 6% Nickel.
- From August 18, 2036: 26% Cobalt, 85% Lead, 12% Lithium, 15% Nickel.
Collection Targets
- For waste portable batteries: 45% by end of 2023, 63% by end of 2027, 73% by end of 2030.
- · For waste LMT batteries: 51% by end of 2028, 61% by end of 2031.
Removability and Replaceability
- Portable batteries in appliances must be removable and replaceable by end-users by February 18, 2027 (with specific exceptions).
- LMT batteries must be removable and replaceable by independent professionals during the product’s lifetime from February 18, 2027. Spare parts must be available for at least 5 years.
Labeling Obligations
A comprehensive set of mandatory labels must be on batteries, their packaging, or in accompanying documents, including:
- Crossed-out wheeled bin symbol.
- Producer/importer information, battery category, weight, capacity, chemistry, hazardous substances, critical raw materials (Co, Graphite, Li, Ni).
- A QR code providing access to more information, the battery passport (for large batteries), or the declaration of conformity.
- Specific deadlines for these labels are staged from February 2024 to February 2027.
CE Marking & Conformity Assessment
All batteries placed on the EU market must undergo a conformity assessment procedure and bear the CE marking from August 18, 2024. The procedure is adapted to include assessment of performance, durability, carbon footprint, and recycled content.
Safety of Stationary Battery Energy Storage Systems (SBESS)
From August 18, 2024, technical documentation for SBESS must include proof of successful safety testing against parameters like thermal shock, overcharge protection, and fire safety, as specified in Annex V.
Battery Management System (BMS) Information
For EV batteries, LMT batteries, and SBESS, information on state of health and expected lifetime must be accessible via the BMS from August 18, 2024.
Due Diligence Obligations for Large Economic Operators
Economic operators with a net turnover of ≥ €40 million per year who place batteries on the market must establish a due diligence policy to address social and environmental risks in their supply chain (covering raw materials like Co, Li, Ni, natural graphite). This includes establishing a management system, implementing a risk management plan, and disclosing information. These obligations apply from August 18, 2027.
Extended Producer Responsibility (EPR)
Producers (first placers of batteries on a national market) bear EPR obligations, including financing the collection, treatment, and recycling of waste batteries. They must register in national producer registers and can fulfil obligations individually or through a Producer Responsibility Organization (PRO). EPR obligations apply from August 18, 2025.
Waste Battery Management
New rules for the collection, treatment, recycling, and reporting of waste batteries for various actors (producers, distributors, waste operators) apply from August 18, 2025. This includes obligations for collection points, treatment standards, and detailed reporting to authorities.
Digital Battery Passport
Each LMT battery, industrial battery (>2 kWh), and EV battery placed on the market must have a unique digital battery passport from February 18, 2027. It will contain extensive information about the battery model and individual unit (e.g., composition, carbon footprint, performance, recycled content) and be accessible via a QR code.
Topics Not Included in the Final EU BattV
- Deposit System for All Batteries: The regulation did not introduce a mandatory EU-wide deposit system. The Commission will assess the feasibility and potential benefits by December 31, 2027, and may propose legislation later.
- Ban on Non-Rechargeable Portable Batteries of General Use: The regulation did not ban them. The Commission will review the case for phasing them out by December 31, 2030.
