The deadlines for the Battery Regulation

Disclaimer: This document provides guidance and is not a legally binding interpretation and shall therefore not be relied upon as legal advice.

Battery Regulation

Battery Regulation (EU) 2023/1542 that replaces the first Battery Directive 2006/66/EC was published in July 2023. The new regulation is applicable since 18 February 2024, but there are more deadlines. Below is an overview of the deadlines by battery category and type of requirement.

Battery categories

An initial distinction can be made between portable, industrial and automotive batteries; but there are variations within these three groups. The battery regulation distinguishes (at least) between the following categories or applications, each represented by a column in the deadline tables.
If batteries can belong to more than one category, then the earliest deadline applies.

CATEGORY DESCRIPTION
Portable

(POR)

Batteries that weigh 5 kg or less (hence portable). Not (specifically) designed for industrial use, and not an EV, an LMT nor an SLI battery.
LMT Light Means of Transport (LMT) battery weighs 25 kg or less. Designed to power or support the traction (electric motor) of wheeled vehicles, including type-approved vehicles of category L, and that is not an electric vehicle (EV) battery.
SLI Starting, Lighting and Ignition (SLI) battery, the ‘regular’ automotive battery. Designed to supply electric power for starting, lighting, or ignition and that can also be used for auxiliary or backup purposes in vehicles, other means of transport or machinery.
EV Electric Vehicle (EV) battery that weighs more than 25 kg (for category L, see LMT). Designed to provide electric power for traction in vehicles of categories L, M, N or O.
ESS Stationary battery Energy Storage System (ESS), an industrial battery with internal storage that is specifically designed to store from and deliver electric energy to the grid or store for and deliver electric energy to end-users, regardless of where and by whom the battery is being used.
Industrial

(IND)

Batteries specifically designed for industrial uses, or any other battery that weighs more than 5 kg and that is neither an EV, an LMT nor an SLI battery.

IND *) applies only to industrial batteries with a capacity greater than 2 kWh.

 

State of play

For the carbon footprint (Article 7) and recycled content (article 8) requirements involvement of a Notified Body is mandatory. No Notified Bodies have been appointed yet. This may result in an extension of the deadline as it applies 12 months after the date of the first publication of the list of notified bodies.

For a presumption of conformity harmonised standards will become available. No harmonised standards have been published yet.

Delegated and implementing acts shall be made available by the European Commission at least one year before the corresponding deadline expires. The same applies to some guidelines to be provided.

Deadlines

Article 6

Hazardous substances

POR

LMT

SLI

EV

ESS

IND

Restrictions for Mercury, Cadmium, Lead. 18/2/2024

 

Article 7

Carbon footprint

POR

LMT

SLI

EV

ESS

IND *)

Carbon footprint declaration N/A 18/8/2028 N/A 18/2/2025 18/8/2030 18/2/2026
Performance classification N/A 18/2/2030 N/A 18/8/2026 18/2/2032 18/8/2027
Maximum lifecycle threshold N/A 18/8/2031 N/A 18/2/2028 18/8/2033 18/2/2029

 

Article 8

Recycled content

POR

LMT

SLI

EV

ESS

IND *)

Document recycled content of cobalt, lead, lithium or nickel N/A 18/8/2033 18/8/2028 18/8/2028 N/A 18/8/2028
Demonstrate recovery (phase I) N/A N/A 18/8/2031 18/8/2031 N/A 18/8/2031
Demonstrate recovery (phase II) N/A 18/8/2036 18/8/2036 18/8/2036 N/A 18/8/2036

 

Articles 9 and 10

Performance & Durability

POR

LMT

SLI

EV

ESS

IND *)

Documentation N/A 18/8/2024 N/A 18/8/2024 N/A 18/8/2024
Minimum criteria 18/8/2028 N/A N/A N/A 18/8/2027

By 31 December 2030 the Commission shall report about either the phase out of non-rechargeable portable batteries of general use or the setting of eco-design requirements.

Article 11

POR

LMT

SLI

EV

ESS

IND

Removability & Replaceability 18/2/2027 N/A N/A N/A N/A

 

Article 12

POR

LMT

SLI

EV

ESS

IND

Safety of stationary battery energy storage systems N/A N/A N/A N/A 18/8/2024 N/A

 

Article 13

Labelling & Marking

POR

LMT

SLI

EV

ESS

IND

General info (Annex VI-A) 18/8/2026
Capacity (rechargeable) 18/8/2026 N/A N/A N/A
Average life (non-rechargeable) 18/8/2026 N/A N/A N/A N/A N/A
Collection symbol (Annex VI-B) 18/8/2025
Chemical labelling (Cd, Pb) 18/2/2024
QR code (Annex VI-C) 18/2/2027

 

Article 14

POR

LMT

SLI

EV

ESS

IND

State of health & lifetime N/A 18/8/2024 N/A 18/8/2024 N/A

 

Article 18

POR

LMT

SLI

EV

ESS

IND

EU Declaration of Conformity 18/8/2024

 

Articles 19 and 20

POR

LMT

SLI

EV

ESS

IND

CE marking 18/8/2024

 

Article 77

POR

LMT

SLI

EV

ESS

IND *)

Digital Battery Passport N/A 18/2/2027 N/A 18/2/2027 N/A 18/2/2027

 

Chapter VII

POR

LMT

SLI

EV

ESS

IND

Due Diligence – net annual turnover above € 40 Million 18/8/2025 18/8/2027

Update July 2025: The deadline for due diligence obligations has been postponed until August 2027.

Chapter VIII

POR

LMT

SLI

EV

ESS

IND

Extended Producer Responsibility

18/8/2025

 

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