What changed, Regulation (EU) 2023/1542

− ### art_1
− Article 1
− 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 …
− 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,…
− 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 …
− 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).
− ### art_2
− Article 2
− ### art_3
− Article 3
− 1. For the purposes of this Regulation, the following definitions apply:
− | (1) | ‘battery’ means any device delivering electrical energy generated by direct conversion of chemical energy, having internal or external storage, and consisting of one or more non-rechargeable or rechargeable battery cells, modules or of packs of them, and includes a battery that has been subj…
− | --- | --- |
− | (2) | ‘battery pack’ means any set of battery cells or modules that are connected together or encapsulated within an outer casing, to form a complete unit which is not meant to be split up or opened by the end-user; |
− | --- | --- |
− | (3) | ‘battery module’ means any set of battery cells that are connected together or encapsulated within an outer casing to protect the cells against external impact, and which is meant to be used either alone or in combination with other modules; |
− | --- | --- |
− | (4) | ‘battery cell’ means the basic functional unit in a battery, composed of electrodes, electrolyte, container, terminals and, if applicable, separators, and containing the active materials the reaction of which generates electrical energy; |
− | --- | --- |
− | (5) | ‘active material’ means a material which reacts chemically to produce electric energy when the battery cell discharges or to store electric energy when the battery is being charged; |
− | --- | --- |
− | (6) | ‘non-rechargeable battery’ means a battery that is not designed to be electrically recharged; |
− | --- | --- |
− | (7) | ‘rechargeable battery’ means a battery that is designed to be electrically recharged; |
+ ## CHAPTER I — General provisions
+ ### 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 treatm…
+ **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, des…
+ **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 …
+ **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 ar…
+ **6.** Chapters III and IX 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 (1).
+ ### Article 2 — Objectives
+ ### Article 3 — Definitions
+ **1.** For the purposes of this Regulation, the following definitions apply:(1) ‘battery’ means any device delivering electrical energy generated by direct conversion of chemical energy, having internal or external storage, and consisting of one or more non-rechargeable or rechargeable battery cells…
+ **2.** In addition to the definitions referred to in paragraph 1, the following definitions apply:(a) ‘waste’, ‘waste holder’, ‘waste management’, ‘prevention’, ‘collection’, ‘separate collection’, ‘extended producer responsibility scheme’, ‘re-use’ and ‘recycling’, laid down in Article 3 of Directi…
+ ### Article 4 — Free movement
+ **1.** Member States shall not, for reasons relating to the sustainability, safety, labelling and information requirements for batteries covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of batteries that comply with this Regulati…
+ **2.** At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of batteries which do not comply with this Regulation, provided that a visible sign clearly indicates that those batteries do not comply with this Regulation and that they cannot be made…
+ ### Article 5 — Sustainability, safety, labelling and information requirements for batteries
+ **1.** 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.
+ **2.** For any aspects not covered by Chapters II and III, batteries placed on the market or put into service pursuant to paragraph 1 shall not present a risk to human health, to the safety of persons, to property or to the environment.
+ ## CHAPTER II — Sustainability and safety requirements
+ ### Article 6 — Restrictions on substances
+ **1.** In addition to the restrictions set out in Annex XVII to Regulation (EC) No 1907/2006 and in Article 4(2), point (a), of Directive 2000/53/EC, batteries shall not contain substances for which Annex I to this Regulation contains a restriction unless the conditions of that restriction are compl…
+ **2.** In the event of an unacceptable risk to human health or the environment, arising from the use of a substance in the manufacture of batteries or from the presence of a substance in the batteries when they are placed on the market, or arising during their subsequent life cycle stages, including…
+ **3.** Restrictions adopted pursuant to paragraph 2 of this Article shall not apply to the use of a substance in scientific research and development as defined in Article 3, point (23), of Regulation (EC) No 1907/2006, carried out in relation to batteries.
+ **4.** Where a restriction adopted pursuant to paragraph 2 of this Article does not apply to product and process orientated research and development, as defined in Article 3, point (22), of Regulation (EC) No 1907/2006, that exemption, as well as the maximum quantity of the substance exempted, shall…
+ **5.** By 31 December 2027, the Commission, assisted by the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’), shall prepare a report on substances of concern, namely substances having an adverse effect on human health or the environment or hampering recycling for sa…
+ ### Article 7 — Carbon footprint of electric vehicle batteries, rechargeable industrial batteries and LMT batteries
+ **1.** 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, in accordance with the implementing act referred to in the fourth subparagrap…
+ (a) 18 February 2025 or 12 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for electric vehicle batteries;
+ (b) 18 February 2026 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for rechargeable industrial batteries except those with exclusively external s…
+ (c) 18 August 2028 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for LMT batteries;