Regulation (EU) 2023/1542 is the new EU-wide legal framework governing the placing on the market, use, take-back, and disposal of batteries. It fully replaces the previous Directive 2006/66/EC and, for the first time, establishes a comprehensive set of rules covering the entire life cycle of batteries — from raw material sourcing to production and recycling.

❓ Since when is the new Regulation (EU) 2023/1542 applicable?

The Regulation entered into force on 18 August 2023.
However, many of its requirements are phased in over time, depending on the specific topic and battery category. Some obligations, such as those regarding carbon footprint, recycled content, and the battery passport, will only apply between mid-2025 and 2030.

➡️ An overview of key deadlines can be found in Section 9, "Deadlines & Transitional Provisions."

❓ Which batteries are covered by the Regulation (EU) 2023/1542?

The Regulation applies to all categories of batteries that are placed on the EU market or put into service, whether:

sold separately,
integrated into a device or vehicle,
imported from non-EU countries.

This includes:

Portable batteries (including primary and rechargeable batteries),
Industrial batteries (e.g., energy storage, backup power),
Automotive batteries (starter batteries for combustion vehicles),
Electric vehicle batteries (for EV propulsion),
Light Means of Transport (LMT) batteries (e.g., for e-bikes, e-scooters).

❓ Who must comply with the Regulation (EU) 2023/1542 ?

The Regulation applies to all economic operators placing batteries on the EU market, particularly:

Manufacturers (production, conformity, labelling),
Importers (responsibilities for products from third countries),
Distributors (including retailers and online sellers),
Recyclers (handling of waste batteries).

It also affects service providers involved in second-life use or re-manufacturing of batteries.

❓ What are the main changes compared to the previous Directive?

Key innovations of the Regulation include:

Introduction of new battery categories (e.g., LMT batteries, EV batteries),
Mandatory carbon footprint declarations for certain batteries,
Obligatory minimum recycled content for cobalt, lithium, nickel, and lead,
Introduction of a digital battery passport (via QR code),
Removability requirements for portable batteries,
Strengthened take-back and recycling obligations.

The Regulation modernizes and expands the framework compared to Directive 2006/66/EC to support the EU’s Green Deal objectives and the transition to a circular economy.

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2. New Battery Categories

❓ What battery categories are defined by the new EU Regulation?

The Regulation introduces five main categories of batteries:

Portable batteries – used in household and consumer devices (e.g., remote controls, toys, small appliances).
Industrial batteries – for industrial or commercial use (e.g., backup power, solar storage, machinery).
Automotive batteries – traditional starter batteries for combustion engine vehicles.
Electric vehicle (EV) batteries – specifically designed to power electric vehicles.
Light Means of Transport (LMT) batteries – used in devices such as e-bikes, e-scooters, hoverboards, etc.

The key novelty is the explicit distinction between EV batteries and LMT batteries, which were previously grouped under industrial batteries.

❓ What is an LMT battery?

LMT stands for Light Means of Transport. These are batteries used to power lightweight electric vehicles, such as:

E-bikes and pedelecs
E-scooters and hoverboards
Electric cargo bikes or tricycles
Self-balancing personal transporters

LMT batteries are subject to specific obligations, including carbon footprint declarations and digital battery passports.

❓ How are batteries classified if they serve multiple purposes?

Classification is based on the primary intended use of the battery. For example:

A battery that can be used in both portable and industrial applications is categorized according to how it is placed on the market.
Additionally, any battery weighing more than 5 kg that cannot be clearly assigned to another category is automatically considered an industrial battery.

❓ What applies to batteries in toys or small electric vehicles?

If an electric vehicle qualifies as a toy under the Toy Safety Directive (2009/48/EC), its battery is not considered an LMT battery, but rather a portable battery.

❓ How are home energy storage and PV system batteries classified?

Batteries used in stationary energy storage systems (e.g. connected to solar panels) are classified as industrial batteries, even if they are installed in residential homes.

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3. Sustainability and Environmental Requirements

❓ What are the carbon footprint requirements for batteries?

For certain battery types, a carbon footprint declaration is mandatory before placing the product on the market. This applies to:

Industrial batteries >2 kWh
Light Means of Transport (LMT) batteries
Electric vehicle (EV) batteries

Manufacturers must calculate and disclose the total carbon footprint based on a harmonized methodology. In a second step, binding carbon footprint thresholds will be introduced (expected from 2027 onwards).

❓ What are the rules for recycled content?

Manufacturers will need to declare — and later meet — minimum levels of recycled content for certain materials used in batteries:

Cobalt
Lithium
Nickel
Lead

Timeline:

From August 2025: Disclosure requirement only (no thresholds yet)
From August 2031: Mandatory minimum recycled content
By 2036: Higher binding targets will apply

The recycled content must be calculated using a standardized method and documented per batch.

❓ Are any substances restricted in batteries?

Yes. The Regulation restricts or prohibits the use of certain hazardous substances:

Mercury
Cadmium
Lead (with exceptions, e.g., in specific vehicle batteries)

These substance restrictions complement REACH and may be updated via delegated acts in the future.

❓ Are there requirements for battery durability?

Yes. Batteries must meet minimum performance and durability standards, especially for:

Portable batteries
LMT batteries
Industrial batteries >2 kWh
EV batteries

Durability parameters include cycle life, storage capacity retention, and performance over time. EU-wide testing and reporting standards are being developed.

❓ What are the Regulation’s overall circular economy goals?

The Regulation promotes a circular battery value chain by:

Supporting reuse and second-life applications
Encouraging design for disassembly and recyclability
Requiring resource-efficient manufacturing
Securing critical raw materials (like cobalt and lithium)

These goals are aligned with the EU Green Deal and Circular Economy Action Plan.

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4. Labelling and Information Requirements

❓ What information must be provided on batteries?

The Regulation requires batteries to be marked with specific information, either directly on the battery or, where not possible, on the packaging or accompanying documentation. Mandatory labelling includes:

Battery type and chemical system
Nominal capacity (in mAh or Ah for rechargeable batteries)
Date of manufacture
CE marking
Separate collection symbol (crossed-out wheeled bin)
Symbols for hazardous substances (e.g., Hg, Cd, Pb)

Additional information may include data on removability, performance, and safe disposal.

❓ What is a digital battery passport?

The battery passport is a new digital tool required for:

Light Means of Transport (LMT) batteries
Industrial batteries >2 kWh
Electric vehicle (EV) batteries

It provides key information on each battery’s:

Manufacturer and model
Technical specifications
Carbon footprint
Recycled content
Safety instructions
End-of-life treatment guidance

The passport must be accessible via a QR code and made available in a standardized digital format.

❓ How does the QR code system work?

Each relevant battery must carry a machine-readable QR code that links to its digital battery passport. The QR code must be:

Permanently affixed to the battery or packaging,
Compliant with ISO/IEC 18004:2015 (QR code standard),
Accessible for all users, including those with disabilities.

The QR code helps authorities, recyclers, and consumers identify key information quickly and reliably.

❓ Are there accessibility requirements?

Yes. The Regulation mandates that all product-related information (e.g., QR codes, digital passports, safety data) must be accessible to persons with disabilities, in line with Directive (EU) 2019/882 on the accessibility of products and services.

❓ What responsibilities do importers and distributors have?

Importers and distributors must ensure that:

All required labelling is present and correct,
Supporting documentation is available in the correct language(s),
The QR code links to a valid and functional battery passport.

Failure to comply may result in market bans, penalties, or the need to withdraw products from the market.

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5. Design and Removability of Batteries

❓ What does “removable battery” mean under the Regulation?

A battery is considered removable if it can be taken out of a device by the end user using commercially available tools, and without:

proprietary tools,
heating,
solvents or other chemicals.

Removability is a key requirement to ensure proper reuse, replacement, and recycling of batteries.

❓ For which batteries is removability mandatory?

The removability requirement applies to portable batteries that are integrated into appliances or consumer electronics.
These batteries must be:

easily accessible, and
replaceable by the end user without damaging the product.

➡️ The aim is to promote repairability, sustainability, and correct disposal.

❓ Are there exceptions to the removability requirement?

Yes. Exceptions are permitted in specific cases, such as:

Safety-critical applications where removability would create a hazard,
Waterproof or sealed devices (e.g., certain medical or outdoor equipment),
Professional equipment, where only trained personnel may replace the battery.

➡️ In such cases, manufacturers must document the justification for the exemption.

❓ What must manufacturers do if the battery is not removable?

In those cases, manufacturers must ensure:

The battery can be removed and replaced by qualified professionals,
Instructions on how to do so are provided in the user manual,
Repair and dismantling information is available (e.g., for service technicians or recyclers).

❓ Does the removability requirement apply to smartphones or tablets?

Yes – portable batteries in consumer electronics, including smartphones, tablets, laptops, etc., must be removable by design, unless covered by specific eco-design regulations currently in development (as of April 2025).

❓ What responsibilities do importers and distributors have?

Importers and distributors must verify whether:

Removability requirements have been met,
Products are properly labelled and documented,
Necessary instructions for battery removal are provided.

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6. Placing on the Market, Conformity and CE Marking

❓ What does “placing on the market” mean under the Regulation?

“Placing on the market” refers to the first time a battery is made available within the EU – either:

by an EU-based manufacturer, or
by an importer from a non-EU country.

This applies regardless of whether the battery is sold independently or integrated in a product (e.g., in an e-bike, laptop, or power tool).

❓ What must manufacturers do before placing a battery on the EU market?

Before placing a battery on the market, manufacturers must ensure:

The battery complies with all applicable requirements of the Regulation,
A conformity assessment has been completed,
Technical documentation has been compiled,
The CE marking is affixed,
An EU Declaration of Conformity has been issued,
All required labelling and QR code are in place.

❓ What is the CE marking for batteries?

The CE marking signifies that a battery conforms to all applicable EU legal requirements. It is mandatory for:

All battery types covered by the Regulation,
Both standalone batteries and batteries integrated into products.

It must be visible, legible, and permanently affixed to the battery or, where not technically feasible, to its packaging or accompanying documents.

❓ What conformity assessment procedures apply?

The Regulation refers to standard conformity assessment modules from Decision No. 768/2008/EC, depending on battery type and risk level. These include:

Module A – Internal production control,
Module B + C – EU-type examination + conformity to type,
Module D1 – Quality assurance of the production process,
Notified body involvement – where required (e.g., for complex criteria such as carbon footprint or recycled content).

❓ Who is responsible for CE marking?

Manufacturers are directly responsible for affixing the CE marking.
Importers must ensure that non-EU products are CE-compliant before sale.
Distributors must check that the CE marking is present and valid.

➡️ Failure to comply may result in sales bans, market withdrawal, or penalties.

❓ What is the EU Declaration of Conformity?

The Declaration of Conformity is a formal document stating that a battery meets all applicable EU requirements.

It must include:

Manufacturer’s name and address,
Battery model and type,
Applicable EU legislation and standards,
Name and signature of the authorized person.

It must be available to authorities upon request and will eventually be made digitally accessible (e.g., via QR code).

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7. Take-Back, Collection and Recycling

❓ Who is responsible for taking back waste batteries?

Responsibility for take-back lies with the following economic operators:

Producers (or authorised representatives),
Importers (for products from third countries),
Distributors (including online retailers),
Operators of take-back points (e.g. recycling centres, retail outlets).

Producers must either establish individual take-back schemes or participate in collective systems. Consumers must be able to return used batteries free of charge.

❓ What are the collection targets?

The Regulation sets binding collection rate targets for portable batteries, based on the average annual quantities placed on the market:

Year Minimum Collection Rate (Portable Batteries)

2023 45 % (already in force)

2027 63 %

2030 73 %

Separate targets apply to LMT batteries:

51 % by 2028
61 % by 2031

For industrial and automotive batteries, producers must ensure that 100 % can be taken back, without specific percentage targets.

❓ Are there reporting obligations?

Yes. Producers (or authorised representatives) must submit annual reports to national authorities detailing:

Quantities of batteries placed on the market,
Amounts collected and recycled,
Recovery rates by material,
Actions taken to improve collection and recycling.

❓ What obligations apply to online sellers and marketplaces?

Online platforms and fulfilment service providers are considered distributors and must:

Provide free take-back options (e.g., return labels or drop-off points),
Ensure that only compliant batteries are offered for sale,
Assign a compliance contact person or representative, where necessary.

➡️ Their responsibilities mirror those of brick-and-mortar retailers.

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8. Reuse & Second-Life Batteries

❓ What is a “second-life” or reused battery?

A second-life battery is a previously used battery that:

Has been removed from its original application (e.g. an electric vehicle),
Is repurposed or reconditioned for a new application (e.g. stationary energy storage),
May undergo technical modification (e.g. replacing cells or modules).

These batteries are commonly used in battery repurposing and energy storage projects.

❓ Is a second-life battery considered “newly placed on the market”?

Yes. Once a used battery is:

Reconditioned,
Repurposed, or
Prepared for reuse,

and then reintroduced into the EU market — even free of charge — it is treated as newly placed on the market and must fully comply with the Regulation.

That includes:

Conformity assessment,
CE marking,
Updated labelling and QR code,
Potential carbon footprint and recycled content declarations.

❓ What is the difference between reuse and reconditioning?

Reuse refers to the sale or transfer of a used battery without technical alteration (e.g. selling a second-hand power bank).
Reconditioning involves modifying the battery’s components or structure (e.g. opening the casing, replacing cells).

➡️ Important: Only batteries that remain intact and unaltered are not subject to new placement requirements.

❓ What requirements apply to reconditioned batteries?

Reconditioned batteries must:

Deliver at least 90 % of their original capacity,
Be marked as “reconditioned” or “repurposed”,
Undergo a new conformity assessment,
Include updated CE marking and documentation,
Be subject to product liability rules just like new batteries.

➡️ These requirements ensure safety, performance, and transparency.

❓ What applies when second-life batteries are sold to consumers?

If sold to end users, additional consumer protection laws apply, especially:

The Sale of Goods Directive (EU) 2019/771,
Full product liability for the seller, even if they did not manufacture the battery.

➡️ All relevant technical and safety information must be clearly disclosed – ideally via QR code or product label.

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9. Deadlines and Transitional Provisions

❓ Since when is the Regulation (EU) 2023/1542 in force?

The Regulation entered into force on 18 August 2023 and is directly applicable in all EU Member States.
It replaces Directive 2006/66/EC and introduces a range of obligations that take effect progressively over time.

Overview: Key Dates and Implementation Timelines

Requirement

CE marking & conformity assessment

QR code & digital battery passport

Carbon footprint declaration

Carbon footprint limits (expected)

Recycled content – disclosure phase

Recycled content – minimum targets

Portable battery collection targets

LMT battery collection targets

Recycling efficiency targets

Removability obligation

Applicable From

18. August 2024

18. February 2027

18. February 2025

From 2027–2029 (TBC)

18. August 2025

18. August 2031

45 % (2023)

63 % (2027)

73 % (2030)

51 % (2028)

61 % (2031)

From 2025 onward

18. February 2027

Details

Required for all batteries placed on the market from this date onward

Applies to LMT, EV, and industrial batteries >2 kWh

Disclosure phase for EV, LMT and industrial batteries >2 kWh

To be introduced via delegated acts based on technical assessments

For cobalt, lithium, nickel, and leadi

Mandatory thresholds introduced

Collection targets by Member State

New targets specifically for LMT batteries

Per material (e.g. 80 % lithium by 2031)

Applies to portable batteries in products

(with exceptions in Article 11)

❓ What about batteries already placed on the market before the deadlines?

Batteries that were legally placed on the EU market before the relevant cut-off date (e.g. before 18 August 2024 for CE marking) may continue to be sold and distributed, even if they don’t fully meet the new requirements.

➡️ This avoids unnecessary product waste and disruption.

❓ Are there transitional rules for existing collection schemes?

Yes. Existing national take-back and collection schemes may continue operating during a transition period. However, they must be fully aligned with the new Regulation by 2027, particularly in terms of reporting, accessibility, and collection rates.

❓ Can manufacturers voluntarily comply earlier?

Yes – manufacturers can choose to implement the new requirements proactively, such as:

Adding CE marking ahead of schedule,
Providing QR codes and battery passports early,
Documenting carbon footprint and recycled content voluntarily.

➡️ Early compliance can serve as a competitive advantage and support public procurement, ecolabels, and sustainability commitments.

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10. Enforcement, Market Surveillance and Sanctions

❓ Who is responsible for enforcing the Regulation?

National authorities in each EU Member State are responsible for enforcement. In Germany, this includes:

The Foundation EAR (for registration and monitoring),
The Federal Environment Agency (UBA) (e.g., for information obligations),
Customs authorities (for imports from third countries).

At the EU level, enforcement is supported by:

The European Commission (via implementing acts),
The European Chemicals Agency (ECHA) (for technical assistance and harmonisation).

❓ What obligations apply during market surveillance?

Manufacturers, importers, and distributors must:

Provide technical documentation (e.g., conformity declaration, QR code info) upon request,
Cooperate with authorities during inspections,
Ensure that non-compliant products are corrected, withdrawn, or recalled.

Market surveillance authorities may also check the functionality of digital battery passports and QR codes.

❓ What are the consequences of non-compliance?

Depending on the severity of the breach, consequences may include:

Fines and sanctions (defined nationally),
Prohibition from selling non-compliant batteries,
Mandatory corrective actions (e.g., retroactive CE conformity),
Product recalls from end users,
Suspension of listings on online platforms (e.g., Amazon, eBay),
Liability for damages under product safety legislation.

➡️ Preventive action and documented compliance are strongly recommended.

❓ What responsibilities do online sellers and platforms have?

Online sellers and marketplaces are considered distributors under the Regulation. They are obligated to:

Verify compliance of all battery-related products listed,
Ensure that QR codes and battery passports are available when required,
Act swiftly to remove or block non-compliant products,
Cooperate with authorities and provide contact information.

Additional obligations apply under the Market Surveillance Regulation (EU) 2019/1020.

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FAQ on EU Regulation 2023/1542 on batteries and waste batteries

1. General Information about the Regulation

❓ What is Regulation (EU) 2023/1542?

❓ Since when is the new Regulation (EU) 2023/1542 applicable?

❓ Which batteries are covered by the Regulation (EU) 2023/1542?

❓ Who must comply with the Regulation (EU) 2023/1542 ?

❓ What are the main changes compared to the previous Directive?

2. New Battery Categories

❓ What battery categories are defined by the new EU Regulation?

❓ What is an LMT battery?

❓ How are batteries classified if they serve multiple purposes?

❓ What applies to batteries in toys or small electric vehicles?

❓ How are home energy storage and PV system batteries classified?

3. Sustainability and Environmental Requirements

❓ What are the carbon footprint requirements for batteries?

❓ What are the rules for recycled content?

❓ Are any substances restricted in batteries?

❓ Are there requirements for battery durability?

❓ What are the Regulation’s overall circular economy goals?

4. Labelling and Information Requirements

❓ What information must be provided on batteries?

❓ What is a digital battery passport?

❓ How does the QR code system work?

❓ Are there accessibility requirements?

❓ What responsibilities do importers and distributors have?

5. Design and Removability of Batteries

❓ What does “removable battery” mean under the Regulation?

❓ For which batteries is removability mandatory?

❓ Are there exceptions to the removability requirement?

❓ What must manufacturers do if the battery is not removable?

❓ Does the removability requirement apply to smartphones or tablets?

❓ What responsibilities do importers and distributors have?

6. Placing on the Market, Conformity and CE Marking

❓ What does “placing on the market” mean under the Regulation?

❓ What must manufacturers do before placing a battery on the EU market?

❓ What is the CE marking for batteries?

❓ What conformity assessment procedures apply?

❓ Who is responsible for CE marking?

❓ What is the EU Declaration of Conformity?

7. Take-Back, Collection and Recycling

❓ Who is responsible for taking back waste batteries?

❓ What are the collection targets?

❓ Are there reporting obligations?

❓ What obligations apply to online sellers and marketplaces?

8. Reuse & Second-Life Batteries

❓ What is a “second-life” or reused battery?

❓ Is a second-life battery considered “newly placed on the market”?

❓ What is the difference between reuse and reconditioning?

❓ What requirements apply to reconditioned batteries?

❓ What applies when second-life batteries are sold to consumers?

9. Deadlines and Transitional Provisions

❓ Since when is the Regulation (EU) 2023/1542 in force?

Overview: Key Dates and Implementation Timelines

❓ What about batteries already placed on the market before the deadlines?

❓ Are there transitional rules for existing collection schemes?

❓ Can manufacturers voluntarily comply earlier?

10. Enforcement, Market Surveillance and Sanctions

❓ Who is responsible for enforcing the Regulation?

❓ What obligations apply during market surveillance?

❓ What are the consequences of non-compliance?

❓ What responsibilities do online sellers and platforms have?

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