EU Battery Regulation 2023/1542
Full citation: Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC.
Published in the Official Journal of the European Union on 28 July 2023 (OJ L 191). Entered into force on 18 February 2024.
This documentation is informational only and does not constitute legal advice. Consult qualified legal counsel for advice specific to your products and compliance situation.
Purpose
The EU Battery Regulation replaces Directive 2006/66/EC (the Battery Directive) and represents a comprehensive overhaul of EU battery law. Its stated objectives are to:
- Establish a sustainable, high-performance, and safe battery value chain within the EU
- Ensure batteries placed on the EU market are safe, durable, and efficient throughout their lifecycle
- Minimise the environmental and social impact of batteries at all lifecycle stages, including raw material extraction, manufacturing, use, and end of life
- Contribute to the EU's circular economy and climate objectives by promoting battery recycling and second-life use
- Improve market transparency through mandatory information provision, including the battery passport
The regulation reflects a lifecycle approach: obligations apply to economic operators across the entire supply chain, not only to manufacturers at the point of production.
Scope
The regulation applies to:
- All batteries placed on the EU market or put into service in the EU, regardless of whether they are sold as standalone products or incorporated into other products or vehicles.
- All economic operators in the battery supply chain who place batteries on the EU market: manufacturers, importers, distributors, and authorised representatives.
- All battery categories as defined in Article 3: portable, SLI (starter, lighting, and ignition), LMT (light means of transport), EV (electric vehicle), and industrial batteries.
Certain limited exemptions apply for batteries in equipment related to the protection of EU member state security interests, weapons, munitions, and war material (Article 2(2)), and for batteries in aerospace applications subject to separate Union oversight.
For a detailed breakdown of which battery types and operators fall within scope, see Regulation Scope.
Key Provisions
Digital Product Passport (Article 8 and Article 77)
Articles 8 and 77 of the Battery Regulation establish the mandatory digital product passport (DPP) for batteries. Article 8 sets the general framework — every battery within scope must have a DPP accessible via a data carrier (QR code) attached to the battery. Article 77 specifies the battery passport as distinct from the general ESPR DPP framework, recognising that batteries require category-specific data fields.
The DPP must be created before the battery is placed on the EU market and must remain accessible for the lifetime of the battery plus ten years. The data carrier (QR code) must be permanently attached to the battery, legible for the lifetime of the battery, and link directly to the DPP.
Traceable's core DPP module is built around Articles 8 and 77. Every DPP created on the platform is structured to satisfy the data requirements for the relevant battery category.
Carbon Footprint (Articles 7 and 74)
Articles 7 and 74 require carbon footprint declarations for EV and industrial batteries. The carbon footprint must be calculated in accordance with the methodology established in delegated acts under Article 7(1) and must cover the entire lifecycle of the battery (from raw material extraction through manufacture, use, and end of life).
For EV batteries, the obligation is phased:
- Carbon footprint declaration (the calculated value): mandatory from 18 February 2025
- Carbon footprint performance class (an A–E rating relative to market benchmarks): mandatory from 18 February 2026
Carbon footprint declarations must be included in the battery's DPP.
Recycled Content (Article 8 and Annex VIII)
The regulation establishes minimum recycled content targets for cobalt, nickel, lithium, and lead used in battery manufacturing. These targets apply from 2030 (first tranche) and 2035 (second tranche). The actual percentages are specified per material and per battery category.
Declarations of recycled content must be included in the DPP and, for industrial and EV batteries, must be verified by a third party.
Supply Chain Due Diligence (Article 72 and Annex X)
Article 72 requires economic operators who place industrial or EV batteries on the EU market to implement a supply chain due diligence policy covering the sourcing of cobalt, cobalt compounds, natural graphite, lithium, lithium compounds, and nickel from conflict-affected and high-risk areas.
Due diligence documentation — including the geographic origin of these materials — must be recorded in the battery DPP and made available to authorised parties.
Second-Life Provisions (Articles 14 and 15)
The regulation establishes obligations to support battery repurposing and second-life use. Economic operators must provide access to battery management system data (state of health, state of charge, remaining capacity) to facilitate assessment for second-life applications. This data must be accessible through the DPP to authorised second-life operators.
Extended Producer Responsibility (Articles 56–76)
Producers (manufacturers and importers) are required to register in the EU Battery Database operated by the European Environment Agency (EEA), contribute to collective take-back and recycling schemes, meet collection rate targets (by battery category), and fund the recycling of end-of-life batteries. Compliance with EPR obligations must be documented and is linked to the battery's DPP.
Conformity Assessment (Articles 17–26)
Batteries placed on the EU market must comply with the applicable requirements of the regulation and carry CE marking. The required conformity assessment procedure varies by battery category and the nature of the requirements being assessed (safety, performance, sustainability). For most battery categories, the manufacturer issues an EU Declaration of Conformity (DoC) and is responsible for internal production control; for certain requirements (carbon footprint performance class, recycled content verification), third-party assessment by a notified body is required.
The DoC reference and notified body identification number (where applicable) must be included in the battery DPP.
Enforcement
Enforcement of the Battery Regulation is the responsibility of national market surveillance authorities (MSAs) in each EU member state, acting under Regulation (EU) 2019/1020 on market surveillance. Each member state designates one or more MSAs responsible for batteries placed on their market.
MSAs have powers to:
- Request documentation from economic operators (including DPP data)
- Conduct market surveillance checks (including physical inspection of batteries and QR code verification)
- Order corrective actions, product recalls, or market withdrawals
- Impose penalties under national law
The regulation does not set harmonised penalties at the EU level — penalties are set by member state law. Member states are required to ensure penalties are effective, proportionate, and dissuasive.
Operators using Traceable should be aware that the DPP data stored on the platform may be accessed and reviewed by MSAs as part of market surveillance activities. All data entered into the platform must be accurate and verifiable.
How Traceable Helps
The table below maps the regulation's major obligations to specific features within the Traceable platform:
| Regulatory Obligation | Regulation Reference | Traceable Feature |
|---|---|---|
| Battery passport creation | Art. 8, Art. 77 | DPP Builder — structured data entry by battery category |
| QR code data carrier | Art. 8(4), Annex VI | Automatic QR code generation linked to each DPP |
| Carbon footprint declaration | Art. 7, Annex IV | Carbon Footprint module within DPP |
| Carbon footprint performance class | Art. 7(2), Annex IV | Performance class assignment (EV batteries) |
| Recycled content declaration | Art. 8, Annex VIII | Recycled Content module — declared and verified percentages |
| Supply chain due diligence | Art. 72, Annex X | Supply Chain module — geographic origin fields |
| State of health data | Art. 14, Annex VII | Performance & Durability module — SoH methodology |
| Declaration of Conformity | Art. 18, Art. 20 | Compliance module — DoC reference and notified body |
| EU Battery Database registration | Art. 56 | Registration ID field in DPP metadata |
| Access control (public vs restricted data) | Art. 77(3) | Role-based DPP access tiers (public, authorised, operator) |
| Data availability for lifetime + 10 years | Art. 8(5) | Traceable data retention policy |
| Extended producer responsibility | Arts. 56–76 | EPR scheme reference fields |
Further Reading in This Section
| Page | Contents |
|---|---|
| Regulation Scope | Which batteries and operators are covered |
| Enforcement Timeline | Mandatory dates by category and obligation |
| DPP Requirements | What must be in every battery DPP |
| Annex XIII — Industrial Batteries | Field-by-field reference for industrial batteries |
| DPP Field → Regulation Mapping | Traceable fields mapped to regulation articles |