EU New Battery Regulation (EU) 2023/1542 — Battery Product Export to EU Compliance Guide
The EU New Battery Regulation (EU) 2023/1542 officially took effect on February 18, 2024, replacing the former Battery Directive 2006/66/EC. The upgrade from "Directive" to "Regulation" means it applies directly across all member states without requiring transposition into national law, imposing higher and more comprehensive compliance requirements on all battery products exported to the EU.
Core Changes in the New Battery Regulation
Compared to the old directive, the new regulation extends the scope of control from "placing on the market" to the entire battery life cycle, covering the full chain from raw material procurement and manufacturing through to recycling and reuse.
Carbon Footprint Declaration and Grading
The new regulation requires that EV batteries, industrial batteries (above 2 kWh), and light means of transport (LMT) batteries must establish carbon footprint declarations. Carbon footprint calculations must cover four stages: raw material acquisition, production and processing, distribution, and end-of-life disposal. The EU will also introduce carbon footprint maximum limits and a performance grading system in the future.
Recycled Content Requirements
From 2031, the regulation will require batteries to indicate the minimum recycled content percentage for cobalt, lead, lithium, and nickel. Companies must establish complete material traceability systems to ensure reliable and compliant sourcing.
Battery Passport
LMT batteries and industrial batteries must be equipped with a Battery Passport, providing digital information such as basic battery data, performance parameters, carbon footprint data, and recycled content percentages via QR codes. This becomes mandatory from February 18, 2027.
Battery Hazardous Substance Restrictions and Safety Requirements
| Restricted Substance | Limit Requirement | Applicable Battery Types |
|---|---|---|
| Mercury (Hg) | ≤ 0.0005% | All batteries |
| Cadmium (Cd) | ≤ 0.002% | Portable batteries |
| Lead (Pb) | ≤ 0.01% | Portable batteries |
Supply Chain Due Diligence
The new regulation introduces "economic operator" due diligence obligations, requiring companies to establish upstream supply chain management and risk identification systems to prevent human rights and environmental risks in the supply chain.
Implementation Timeline
| Implementation Phase | Timeline | Key Requirements |
|---|---|---|
| Phase 1 | 2024.2.18 | Regulation takes effect, hazardous substance restrictions apply |
| Phase 2 | 2025.2.18 | Battery due diligence policy implementation |
| Phase 3 | 2025.8.18 | Battery waste collection targets implemented |
| Phase 4 | 2026.2.18 | Carbon footprint declaration (partial batteries) |
| Phase 5 | 2027.2.18 | Battery passport mandatory enforcement |
Impact on Power Bank / Electronics Sellers
Power banks (portable batteries), while temporarily not mandatory for carbon footprint and battery passport, still must comply with hazardous substance restrictions, labeling requirements, removable design specifications, and producer registration obligations. Electronic products exported to the EU containing built-in batteries are similarly subject to this regulation.
FAQ
Q: Does the new battery regulation apply to all batteries exported to the EU?
A: Yes, regardless of product origin, as long as sold in the EU market. However, compliance obligations vary by battery type — portable batteries have fewer obligations, while traction batteries face the strictest requirements.
Q: Do power banks need a battery passport?
A: Currently, portable batteries (including power banks) are not required to have a battery passport, but must still comply with hazardous substance restrictions, labeling standards, and producer registration requirements. Staying updated on regulatory changes is recommended.
Q: Who is responsible for carbon footprint declarations?
A: The battery manufacturer or importer is responsible. An accredited third-party organization must be commissioned for carbon footprint calculation and verification. GreenArk provides end-to-end services including carbon footprint calculation, regulatory interpretation, and compliance solution design for export enterprises.
Q: What are the consequences of failing to fulfill due diligence obligations?
A: EU member states may take enforcement measures including market bans and fines. Maximum fines can reach 4% of the operator's annual turnover. Companies must take this seriously.
GreenArk (Shenzhen) Certification Co., Ltd. specializes in battery product export compliance services, providing one-stop solutions including new battery regulation interpretation, carbon footprint calculation, and battery passport filing for cross-border e-commerce and manufacturers, helping products smoothly enter the EU market.
GreenArk (Shenzhen) Certification Co., Ltd.
www.greenark-sz.com
