Deciphering the EU’s “New Battery Law” – Implications and Measures

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Introduction: On June 14, 2023, the European Parliament approved a comprehensive amendment to the EU Battery and Accumulator Directive, which addresses the design, production, and waste management of all types of batteries sold within the EU. This agreement replaces Directive 2006/66/EC, known as the “New Battery Law.” On July 10, 2023, the European Council officially adopted the regulation, which was published on its official website. The regulation will come into effect 20 days after its publication. While Directive 2006/66/EC focused on battery environmental protection and waste management, the new Battery Law establishes rules regarding the sustainability, performance, safety, collection, recycling, and second-life of batteries, as well as providing information to end-users and economic operators.

Key Measures:

  1. Restrictions on Mercury, Cadmium, and Lead:
    • The regulation imposes restrictions on the use of mercury, cadmium, and lead in batteries.
  2. Mandatory Carbon Footprint Declaration and Labeling:
    • Rechargeable industrial batteries, light mobility transport (LMT) batteries with a capacity greater than 2kWh, and electric vehicle batteries will require mandatory carbon footprint declarations and labeling.
    • Enforcement begins 18 months after the regulation comes into effect.
  3. Minimum Levels of Recycled Content in New Batteries:
    • Five years after the regulation’s enforcement, new batteries must contain specified minimum levels of recycled materials such as zinc, lead, or nickel, which should be documented.
  4. Minimum Recycling Percentages:
    • Eight years after the regulation’s enforcement, minimum recycling percentages for batteries come into effect: 16% for zinc, 85% for lead, 6% for cadmium, and 6% for nickel.
    • Thirteen years after enforcement, these percentages increase: 26% for zinc, 85% for lead, 12% for cadmium, and 15% for nickel.
  5. Documentation of Electrochemical Performance and Durability Parameters:
    • Industrial batteries with a capacity greater than 2kWh, LMT batteries, and electric vehicle batteries will require documentation of electrochemical performance and durability parameters.
    • Enforcement begins 12 months after the regulation comes into effect.
  6. Design Requirements for Portable Batteries:
    • Portable batteries must be designed to allow consumers to easily disassemble and replace batteries without specialized tools, unless the product provides such tools or solvents.
  7. Safety Assessment Testing for Fixed Battery Energy Storage Systems (Industrial Batteries):
    • Fixed battery energy storage systems categorized under industrial batteries will undergo safety assessment testing.
    • Enforcement begins 12 months after the regulation comes into effect.
  8. Digital Battery Passport for LMT Batteries, Industrial Batteries Above 2kWh, and Electric Vehicle Batteries:
    • These batteries will require a digital battery passport accessible via QR code.
    • Enforcement begins 42 months after the regulation comes into effect, along with due diligence policies for all economic operators. Small and medium-sized enterprises with net annual turnover below €40 million are exempt.
  9. CE Marking:
    • Each battery or corresponding packaging must bear the CE marking, followed by the identification number of the notifying body.
  10. Battery Health Management and Expected Lifetime Information:
    • Information on battery health, including remaining capacity, cycle count, self-discharge rate, SOC status, and other parameters, will be provided.
    • Enforcement begins 12 months after the regulation comes into effect.

Conclusion: The “New Battery Law” from the EU represents a significant overhaul of regulations governing batteries. It addresses environmental concerns, performance, sustainability, and recycling, impacting various aspects of the battery industry. While Directive 2006/66/EC will be repealed two years after the “New Battery Law” takes effect, businesses should take prompt actions to prepare for future product exports and ensure compliance with the new regulations.