EU: How to implement the EU Battery Regulation

 

In July 2023, the EU approved a new battery regulation, Regulation 2023/1542, to establish harmonized legislation for battery sustainability and safety.

Regulation 2023/1542 introduces substantial changes and requirements to improve the sustainability and safety of batteries and battery-operated products.

Among the key requirements of the Battery Regulation are:

 

Battery Categories: The regulation introduces new categories for batteries, including portable, industrial, automotive, electric vehicle (EV), and light means of transport (LMT) batteries, each with specific requirements and regulations.

CE Marking: Manufacturers must affix the CE marking to batteries before they can be marketed or put into service. This marking signifies compliance with EU safety, health, and environmental protection standards. For certain types of batteries, notified bodies may be involved in granting the CE marking.

Battery Passport: LMT, EV, and industrial batteries with a capacity greater than 2 kWh must be electronically registered with a battery passport, which includes a QR code and CE marking. This passport will contain information about the batteries’ sustainability requirements, handling instructions, and state of health for recycling and repurposing purposes.

Carbon Footprint and Recycled Content: The regulation mandates calculating the carbon footprint of batteries and sets recycled content targets for elements like cobalt, lead, lithium, and nickel.

Removability and Replaceability: Portable batteries must be easily removable and replaceable by end-users, while LMT, EV, and industrial batteries should be removable and replaceable by independent professionals.

Safety Testing (SBESS): New safety testing requirements are introduced for stationary battery energy storage systems (SBESS).

Due Diligence: Producers and producer responsibility organizations (PROs) must implement and communicate a due diligence policy for batteries, establish management systems to support these policies, assess risks in the supply chain, and develop strategies to mitigate these risks. Third-party verification by a notified body is required.

Recycling and Material Recovery Targets: The regulation sets efficiency and material recovery targets for specific elements in recycling and treatment facilities.

Information and Labeling: The regulation includes requirements for a battery passport, specific labeling (chemistry, lifetime, charging capacity, collection, hazardous substances, safety risks), electronic databases, and second life data sets to enhance information and traceability.

Shipment of Waste Batteries: The regulation addresses the shipment of waste batteries outside the EU.

Reporting Obligations: The regulation introduces reporting obligations with phased deadlines.

 

EU Battery Regulation requirements applicable in 2024

 

Some of the above requirements are coming into force on the 18 August 2024.  These are:

• rechargeable industrial batteries with a capacity greater than 2 kWh, LMT batteries and electric vehicle batteries shall be accompanied by a document containing values for the electrochemical performance and durability parameters:

1. Rated capacity (in Ah) and capacity fade (in %).
2. Power (in W) and power fade (in %).
3. Internal resistance (in Ω) and internal resistance increase (in %).
4. Where applicable, energy round trip efficiency and its fade (in %).
5. The expected life-time of the battery under the reference conditions for which it has been designed, in terms of cycles, except for non-cycle applications, and calendar years.

Batteries sold in the Union market should be durable and high-performing. Therefore, it is essential to establish performance and durability standards for general-use portable batteries as well as for rechargeable industrial batteries, LMT batteries, and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment has developed in-vehicle durability requirements. These requirements will be implemented in the Union through a future regulation on the type-approval of motor vehicles and engines, including systems, components, and separate technical units for such vehicles, concerning their emissions and battery durability, known as the ‘Euro 7 Regulation’.

 

• Read only access to information on the state of health and expected lifetime of batteries:

For electric vehicle batteries:

state of certified energy (SOCE).

For stationary battery energy storage systems and LMT batteries:

1. the remaining capacity;
2. where possible, the remaining power capability;
3. where possible, the remaining round trip efficiency;
4. the evolution of self-discharging rates;
5. where possible, the ohmic resistance.

Read-only access to the data for the parameters set out above shall be provided, respecting the intellectual property rights of the battery manufacturer, on a non-discriminatory basis to the natural or legal person who has legally purchased the battery, including independent operators or waste management operators, or any third party acting on their behalf at any time, for the purpose of:

1. making the battery available to independent aggregators or market participants through energy storage;
2. evaluating the residual value or remaining lifetime of the battery and capability for further use, based on the estimation of the state of health of the battery;
3. facilitating the preparation for re-use, preparation for repurposing, repurposing or remanufacturing of the battery.

 

Technical specifications developed by the informal UNECE Working Group on Electric Vehicles and the Environment regarding data access in electric vehicles should serve as a benchmark for the state of health and expected lifespan of electric vehicle batteries. These requirements should complement Union law on vehicle type-approval, which is the appropriate legal framework for addressing smart charging functions such as vehicle-to-grid, vehicle-to-load, vehicle-to-vehicle, vehicle-to-powerbank, and vehicle-to-building charging.

 

• portable batteries, whether or not incorporated into appliances, shall not contain more than 0,01 % of lead (expressed as lead metal) by weight.
• CE conformity assessment and marking with the CE symbol

 

To find out more about how to implement these requirements of the EU Battery Regulation , please do not hesitate to contact the Institute for Global Automotive Regulatory Research Directly.