EU Batteries regulation

The Batteries Regulation applies to all categories of batteries, regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose, namely:

• portable batteries,
• starting, lighting and ignition batteries (SLI batteries),
• light means of transport batteries (LMT batteries),
• electric vehicle batteries,
• industrial batteries.

It also applies to batteries that are:

• incorporated into products,
• added to products,
• specifically designed to be incorporated into or added to products.

The scope of the Batteries Regulation has therefore been defined very broadly and is intended to cover all batteries placed on the market in the Union. 

The Batteries Regulation introduces new requirements for batteries placed on the market or put into service, including:

• sustainability and safety requirements, such as:
  • restrictions on selected substances,
  • the carbon footprint of certain batteries,
  • recycled content in certain batteries,
  • performance and durability requirements for portable batteries of general use and certain other batteries,
  • removability and replaceability of portable batteries and LMT batteries,
  • safety of stationary battery energy storage systems,
• labelling and marking requirements, as well as rules and conditions for affixing the CE marking,
• information requirements.

Compliance of batteries with the requirements of the Batteries Regulation must be demonstrated by means of an EU declaration of conformity (DoC), following a conformity assessment procedure.

The Battery Regulation establishes numerous categories of economic operators, based on their role in the supply chain, including, among others:

• manufacturers,
• importers,
• distrubutors,
• fulfilment service providers.

Under the Batteries Regulation, a “producer” constitutes a separate category; depending on the circumstances, this may include the manufacturer, importer, or distributor. Accurately identifying the role of each entity in the supply chain is therefore crucial for determining what obligations the Batteries Regulation imposes on that entity.

The Batteries Regulation distinguishes between the general obligations of economic operators (set out in Chapter VI), obligations as regards battery due diligence policies (set out in Chapter VII), and obligations regarding the management of waste batteries (set out in Chapter VIII). 

From 18 February 2027 each LMT battery, each industrial battery with a capacity greater than 2 kWh and each electric vehicle battery placed on the market or put into service will have to possess an electronic battery passport. In short, the battery passport is intended to contain information relating to the battery model and information specific to the individual battery, including resulting from the use of that battery. The battery passport will have to be accessible via an easy-to-read QR code. 

The timeline for the application of the Batteries Regulation is not uniform and consists of several key stages. Most provisions of the Regulation already apply, at least from 18 February 2024 (including the obligations of economic operators under Chapter VI—effective from 18 August 2024, and the obligations regarding the management of waste batteries—effective from 18 August 2025).

However, specific requirements and obligations (see, for example, the battery passport) will be phased in over the coming period. These include:

• requirements regarding the removability and replaceability of portable batteries and LMT batteries (Article 11)–from 18 February 2027,
• QR code labeling requirements–from 18 February 2027,
• certain obligations as regards battery due diligence policies–from 18 August 2027.

At various stages, the European Commission will also adopt numerous delegated and implementing acts to specify or supplement specific areas covered by the Batteries Regulation.

Given the phased implementation of the Batteries Regulation, compliance with its requirements is not a one-time effort aimed at ensuring regulatory compliance. Rather, it requires a series of structured steps that take into account the timeline set by the deadlines for the application of specific requirements and obligations.  

The application of the Batteries Regulation in Poland will be largely affected by the local Act on Batteries and Used Batteries, a draft of which is expected to be published shortly. The act is intended to cover matters such as:

• sanctions applicable in the event of breaches of the obligations under the Batteries Regulation,
• the introduction of a system enabling conformity assessment bodies to operate under the Batteries Regulation,
• designation of the market surveillance authority.

The new act is intended to repeal the current Act of 4 April 2009 on Batteries and Accumulators.

Compliance: Failure to comply with the Battery Regulation may result in penalties, disruptions to the supply chain, and damage to a company’s reputation.

Cost management: By complying with the requirements of extended producer responsibility (EPR), businesses can better plan for the costs associated with the management of waste batteries, which may help reduce operating costs in the long term.

Sustainable development goals and the circular economy: Implementing the Batteries Regulation helps align practices related to batteries and waste batteries with environmental objectives. This can enhance brand image and strengthen loyalty among environmentally conscious consumers.