New Obligations for Entrepreneurs: EU Battery Regulation in Force Since February, with Additional Requirements Effective August 18, 2024

On August 18, 2024, new obligations of EU Battery Regulation No. 2023/1542 went into effect, which introduces significant changes for the battery market. The regulations cover the entire life cycle of batteries – from design to production to recycling.

If you’re in the battery market, these regulations could significantly affect your responsibilities. Find out how to prepare and what the new requirements are.

Who is subject to the regulation?

The new regulations cover a wide range of entities: manufacturers, cell suppliers, importers, distributors, and companies that market batteries prepared for reuse. It is worth remembering that the regulations apply to industrial batteries as well as those used in vehicles, charging stations and light transportation vehicles.

The regulations are part of the European Union’s broader sustainability strategy, which aims to reduce waste, and promote the recycling of compounds such as cobalt and nickel. The regulation applies to all batteries, regardless of whether they are sold on their own or as part of devices.

Although the regulation will be in effect as early as February 18, 2024, there will be a phase-in of its provisions.

What are the obligations of Manufacturers?

1. CE marking and declaration of conformity
   Any battery placed on the European market after August 18, 2024 must bear the CE marking, which confirms compliance with European standards. The manufacturer must also draw up an EU declaration of conformity before placing the product on the market.
2. Technical documentation
   The manufacturer is required to prepare detailed technical documentation for each battery model. This documentation must contain all the information that confirms the product’s compliance with applicable regulations.
3. Identification and markings
   Each battery must have a model identifier and a batch or serial number. In addition, the product must be marked with the manufacturer’s data, including the company name, address, and, if possible, website and email address. This requirement supports the concept of a “digital battery passport,” which will take effect in 2027.

What are the responsibilities of Importers?

1.Verification of labeling 

Importers are required to verify that each battery they intend to place on the EU market has a CE marking that complies with EU regulations.The CE marking must be verified before the battery is first made available on the EU market – this applies to both the first sale and the delivery of products to the market. This step is crucial, especially for batteries imported from outside the EU, to ensure their compliance with European standards.

2. Documentation compliance

Importers must make sure that imported batteries are covered by the relevant EU declaration of conformity and that they have full technical documentation, provided by the manufacturer.

In addition, and importantly for products imported from outside the EU – importers should pay particular attention to the linguistic clarity of the documentation, so that the language is easily understood by users in the member state where the battery will be made available.

3. Identification of the importer

Importers should also ensure that their contact information is easily accessible to both clients and inspection authorities. This is important to facilitate possible verifications and ensure transparency in the supply chain.

What are the responsibilities of Distributors?

1. Compliance checks

Distributors, like importers, are required to verify that batteries are properly labeled before they are made available to the market.This applies to any subsequent supply of batteries for distribution, whether it is a sale, a free transfer, or any other release of the product as part of a commercial activity.

2. Monitoring the circulation of batteries

Distributors are required to continuously monitor the compliance of the batteries they offer with the regulation’s provisions throughout their availability on the market.

If, during the course of distribution, a battery is found to be out of compliance with the applicable standards, distributors are required to take appropriate action, such as a product recall, to prevent further violations.

Next steps in implementation: Is your company ready for the changes?

Full implementation of the regulations is stretched out over several years, with key dates falling between 2025 and 2031. During this time, significant new requirements will be introduced, which will include, among other things, the collection and recycling of used batteries, as well as the obligation for end users to easily remove and replace batteries. This means that manufacturers will have to adapt their products to more environmentally friendly solutions.

The new EU regulations introduce comprehensive and diverse obligations for all participants in the battery market. Companies will have to adapt to the new requirements, which will have a significant impact on the design, production, and distribution of batteries in the European Union.

In the face of these challenges, our law firm offers comprehensive advice to help companies fully understand and implement the new regulations to avoid potential sanctions and ensure compliance. Write to us at [email protected] if you need support.