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Battery Regulation

Battery passport (2027-02), carbon footprint declaration phased in; due diligence obligations postponed to 2027-08-18 by 2025/1561

Reference
Regulation (EU) 2023/1542
Key date
2027-02-18
Applies to
Placing batteries on the EU market
01

Who the regulation applies to

This regulation applies to:

Amended by Regulation (EU) 2025/1561 (2025-07-18); the application date of the battery due diligence obligation (Article 48(1)) is deferred to 2027-08-18; the battery passport continues to apply from 2027-02-18.

The following provisions define its scope:

Article 1 — Subject matter and scope

1. This Regulation lays down requirements on sustainability, safety, labelling, marking and information to allow the placing on the market or putting into service of batteries within the Union. It also lays down minimum requirements for extended producer responsibility, the collection and treatment of waste batteries and for reporting. 2. This Regulation imposes battery due diligence obligations on economic operators placing batteries on the market or putting them into service. It also lays down requirements for green public procurement when procuring batteries or products into which batteries are incorporated. 3. This Regulation applies to all categories of batteries, namely portable batteries, starting, lighting and ignition batteries (SLI batteries), light means of transport batteries (LMT batteries), electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose. It shall also apply to batteries that are incorporated into or added to products or that are specifically designed to be incorporated into or added to products. For the purposes of Chapter II, where batteries placed on the market can be considered to fall under more than one category, they shall be deemed to fall under the category to which the strictest requirements apply. 4. In cases where battery cells or battery modules are made available on the market for end use, without any further incorporation or assembly into larger battery packs or batteries, they shall be considered to have been placed on the market as batteries for the purposes of this Regulation, and the requirements for the most similar battery category shall apply. In cases where it can be considered that such battery cells or battery modules fall under more than one battery category, they shall be deemed to fall under the category to which the strictest requirements apply. 5. This Regulation does not apply to batteries that are incorporated into or that are specifically designed to be incorporated into: (a) equipment connected with the protection of Member States’ essential security interests, arms, munitions and war material, with the exclusion of products that are not intended for specifically military purposes; and (b) equipment designed to be sent into space. 6. Chapters III and VIII of this Regulation do not apply to equipment specifically designed for the safety of nuclear installations, as defined in Article 3 of Council Directive 2009/71/Euratom (42).

02

What the regulation requires

Duty Trigger Evidence Timing
Carbon footprint declaration
Calculate and declare the carbon footprint under the delegated act methodology; verification is required and green certificate offsetting is restricted.
Placing batteries on the EU market (by category and timetable) Carbon footprint declaration, verification report EV 2025-02-18 / industrial >2 kWh 2026-02-18 / LMT 2028-08-18
Battery passport and QR marking
Provide composition, carbon footprint, recycled content and other data via a unique identifier and QR code.
Batteries placed on the EU market Battery passport data, QR marking 2027-02-18
Disclose recycled content
Disclose the recycled share of cobalt, lead, lithium, nickel and others, increasing in stages.
Batteries placed on the EU market Recycled content documents, verification report From 2031-08-18 (second stage 2036-08-18)
Supply chain due diligence
Carry out due diligence for cobalt, natural graphite, lithium and nickel in accordance with OECD guidance.
Battery producers with annual turnover above €40 million Due diligence policy and report 2027-08-18 (deferred by 2025/1561)
03

Key provisions

Article 5(1) — Requirements for placing on the market

Batteries shall only be placed on the market or put into service if they meet the following requirements: (a) the sustainability and safety requirements laid down in Articles 6 to 10 and 12; and (b) the labelling and information requirements laid down in Chapter III.

Article 7(1) — Carbon footprint declaration

For electric vehicle batteries, rechargeable industrial batteries with a capacity greater than 2 kWh and LMT batteries a carbon footprint declaration shall be drawn up for each battery model per manufacturing plant ... the carbon footprint of the battery, calculated as kg of carbon dioxide equivalent per one kWh of the total energy provided by the battery over its expected service life.

Article 8(2) — Recycled content (from 18 August 2031)

From 18 August 2031 ... the technical documentation referred to in Annex VIII shall demonstrate that those batteries contain, in active materials, the following minimum percentage share of, respectively, cobalt, lithium or nickel that has been recovered from battery manufacturing waste or post-consumer waste, and the minimum percentage share of lead that is present in the battery and that has been recovered from waste: (a) 16 % cobalt; (b) 85 % lead; (c) 6 % lithium; (d) 6 % nickel.

Article 8(3) — Recycled content (from 18 August 2036)

From 18 August 2036 ... the technical documentation ... shall demonstrate that those batteries contain, in the active materials, the following minimum percentage share ...: (a) 26 % cobalt; (b) 85 % lead; (c) 12 % lithium; (d) 15 % nickel.

Article 13(6) — QR code

From 18 February 2027, all batteries shall be marked with a QR code as described in Part C of Annex VI.

Article 17(2) — Conformity assessment procedures

Conformity assessment of batteries with requirements laid down in Articles 7 and 8 shall be carried out in accordance with one of the following procedures: (a) 'Module D1 – Quality assurance of the production process' ... for batteries manufactured in series; or (b) 'Module G – Conformity based on unit verification' ... for batteries not manufactured in series.

Article 47 — Scope of the due diligence chapter

This Chapter does not apply to economic operators that had a net turnover of less than EUR 40 million in the financial year preceding the last financial year, and that are not part of a group ... which, on a consolidated basis, exceeds the limit of EUR 40 million.

Article 48(1) — Battery due diligence policies

From 18 August 2025, economic operators that place batteries on the market or put them into service shall fulfil the due diligence obligations laid down in paragraphs 2 and 3 of this Article, and in Articles 49, 50 and 52 and shall, to that end, set up and implement battery due diligence policies.

Article 77(1) — Battery passport

From 18 February 2027 each LMT battery, each industrial battery with a capacity greater than 2 kWh and each electric vehicle battery placed on the market or put into service shall have an electronic record ('battery passport').

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Industry dossiers covering this regulation

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Related regulations

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Official text