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The Future of
Transportation
EU Battery Regulation
The Future of Transportation - EU Battery Regulation

Contents
01 03 What is the EU Battery Regulation 2023/1542?

02 04-05 What types of batteries are covered?

03 06-07 Whom does the EU Battery Regulation 2023/1542 affect?

04 08-09 What are the requirements in detail?

05 10-11 TÜV SÜD’s EU Battery Regulation Services

TÜV SÜD Expert

Niranjan Sudhakar
Senior Battery Test Engineer at TÜV SÜD
Niranjan, as part of his master’s degree in chemical
engineering, pursued solid state sodium-ion battery
materials research in Prof. Linda Nazar’s Group at the
University of Waterloo. After a stint with lithium-ion cell
electrolyte research at Tesla’s Cell Engineering Team,
Niranjan has been with TÜV SÜD since 2018 with a
focus on cell-level performance, electromechanical
abuse testing and validation. Niranjan also serves as a
voting member in SAE and SCC Battery Safety
Standards Committees to accelerate sustainable
transport with no compromise on safety.

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 The Future of Transportation - EU Battery Regulation

What is the EU Battery

Regulation 2023/1542?
The EU has adopted a new regulation on batteries and waste batteries (Regulation 2023/1542) that will
replace the existing Battery Directive (2006/66/EC) and introduce new requirements for the sustainability,
safety, labeling and information for all batteries.

In contrast to a European directive, a European regulation is a legal act which, when it enters into force,
applies automatically and uniformly in all EU countries without the need for transposition into national
law. This new legislation will be implemented in phases, starting February 18, 2024.

The regulation covers the entire life cycle of batteries to ensure they have a low carbon footprint, use
less harmful substances, rely less on raw materials from outside the EU, and can be collected, reused,
and recycled primarily within Europe. This will support the transition to a circular economy, increase the
security of supply for raw materials and energy, and enhance the EU’s strategic autonomy.

New rules will impact the design, production, and waste management of batteries manufactured or sold
in the EU. This will extend producer responsibility and require due diligence of supply chains to assess
social and environmental risks.

The new battery regulation introduces key changes to the existing Battery Directive, including:

Article 1 Amended battery categories: portable, industrial, automotive, electric vehicle (EV), LMT

Article 3 Definitions, e.g., producer: economic operator, portable batteries (< 5 kg and neither
industrial nor automotive/EVs)

Article 6 Hazardous substances

Article 7 Carbon footprint

Article 9/10 Performance and durability

Article 11 Design for removability and replaceability

Article 12 Safety testing (only for SBESS)

Article 14 Second life — access to battery management system (BMS) info, waste
classification impact.
Chapter VII Due Diligence

Article 59/61 Higher collection target for portable batteries and maintenance of no-loss
collection mechanisms for industrial, automotive and EV

Article 71 Recycling efficiencies and recovery rates (Annex Xll)

Article Information and labeling: Battery Passport, labeling (chemistry, lifetime,

74/14/77 charging capacity, collection, hazardous substances (HS), safety risks),
electronic database, second life data sets

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The Future of Transportation - EU Battery Regulation

What types of batteries are covered?

Article 1: Article 38, 41: Preamble 11:

The Regulation applies to all Battery models that do not comply Batteries placed in stock in the EU
categories of batteries. It shall apply with the Regulation may no longer before the date of application of
to batteries that are incorporated be made available on the market relevant requirements of the EU
into or added to products or that are and corrective actions shall be taken Battery Regulation do not have to
designed to be incorporated into or to bring the battery model into meet those requirements.
added to products. conformity.

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 The Future of Transportation - EU Battery Regulation

Battery type Battery definition and use cases Battery weight

Electric vehicle Provide electric power for the traction to hybrid or electric vehicles > 25kg
(EV) battery • of categories L (Regulation (EU) No 168/2013) or (category L)
• of categories M, N or O (Regulation (EU) 2018/858)

Light means of Provide electric power for traction of wheeled vehicles that can be powered by the ≤ 25kg
transport (LMT) electric motor or by a combination of electric and human power like e-bikes and
battery e-scooters (including vehicles of category L (Regulation (EU) No 168/2013) if <25kg)

Industrial • Designed specifically for industrial uses or > 5kg

battery • Intended for industrial uses after being subject to preparing for (if no other
repurpose or repurposing, or category
• Any battery above 5 kg that is not an LMT, EV or SLI battery applies)

Stationary battery Industrial batteries with internal storage that are specifically designed to
energy storage store from and deliver electric energy to the grid or store for and deliver
systems electric energy to end-users

SLI (starter, • Designed to supply electric power for starter, lighting or ignition -
lighting or • May also be used for auxiliary or backup purposes in vehicles, other
ignition) battery means of transport or machinery

Portable • A battery which is encapsulated ≤ 5kg

battery • Not designed specifically for industrial uses
• Neither an electric vehicle battery, nor a light means of transport
battery, nor an SLI battery

Portable • Rechargeable and non-rechargeable portable batteries -

battery of specifically produced to be interoperable
general use • Common formats: 4,5 Volts (3R12), button cell, D, C, AA, AAA, AAAA,
A23, 9 Volts (PP3)
• Providing traction to wheeled vehicles considered as toys
(within Toy Safety Directive 2009/48/EC)

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The Future of Transportation - EU Battery Regulation

Whom does the EU Battery

Regulation 2023/1542 affect?
The new rules will apply to all manufacturers, producers,
importers and distributors of every type of battery which is
placed within the EU market; i.e. industrial, automotive,
electric vehicle and portable, independent of their origin.

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 The Future of Transportation - EU Battery Regulation

Producer Economic operator

Includes: Includes:

• Manufacturer • Manufacturer
• Reseller • Representative
• Importer • Importer
• Distributor • Distributor
• Other natural / legal person • Service providers

Who supply, directly distribute or resell a Who is subject to the requirements of the EU
battery, including those incorporated in Battery Regulation in relation to the making
appliances (i.e.; vehicles) on a commercial available or the placing of batteries on the market
basis within the European market. or the putting of batteries into service including
preparation for re-use, preparation for
repurposing, repurposing, or remanufacturing.

What does it cover?

Design requirements End of life

• Restriction of substances • Extended responsibility obligations for

• Carbon footprint producers/producer responsibility
• Recycled content organizations (PROs)
• Performance and durability • Collection of waste from portable and light
• Removability and replaceability means of transport (LMT) batteries
• Safety – Only for stationary battery energy • Recycling efficiency targets
storage systems (SBESS) • Material recovery targets
• Shipment of waste batteries outside the EU
• Reporting obligations

Information and traceability Due diligence

• Due diligence policy
• Labeling and CE marking • Management system
• Information via QR code • Risk management plan
• Digital battery passport • Third-party verification
• Disclosure of information

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The Future of Transportation - EU Battery Regulation

What are the

requirements
in detail?
Sustainability and safety requirements
• Carbon Footprint and Recycled Content: The regulation includes
provisions for calculating the carbon footprint of batteries and setting
recycled content targets for various elements (cobalt, lead, lithium, nickel).
These requirements will start to apply from August 18, 2024, with
delegated acts and implementation acts specifying methodologies for
calculation.
• Removability and Replaceability: The regulation mandates that portable
batteries should be easily removable and replaceable by end-users, while
LMT, EV, and industrial batteries should be easily removable and
replaceable by independent professionals. This requirement will be
enforced from February 18, 2027.
• Recycling and Material Recovery Targets: The regulation sets recycling
efficiency targets and material recovery targets for specific elements in
recycling and treatment facilities for batteries. These targets will apply
from December 31, 2027.
• Product safety for battery & stationary battery storage systems: Safety
testing requirements are introduced for Stationary Battery Energy Storage
Systems (SBESS).

Labeling, marking and information requirements

• Labeling and marking: The regulation introduces new battery categories,

including portable, industrial, automotive, electric vehicle (EV), and light
means of transport (LMT) batteries. Each category has specific
requirements and regulations.
• Information and labeling: Requirements for information and labeling
include a battery passport, specific labeling (chemistry, lifetime, charging
capacity, collection, hazardous substances, safety risks), electronic
databases, and second life data sets. These requirements aim to enhance
information and traceability.
• Digital battery passport: From February 18, 2027, LMT, EV, and industrial
batteries with a capacity greater than 2 kWh must be electronically
registered with a battery passport carrying an identification QR code and
CE marking. This passport will include information specific to the batteries
and their sustainability requirements, providing data on battery handling
instructions and state of health to recycling operators and repurposing
efforts.

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 The Future of Transportation - EU Battery Regulation

Conformity assessment procedures for CE marking

• Manufacturers will be required to affix the CE marking to batteries before

placing them on the market or putting them into service, starting from August
18, 2024. This means that all batteries, regardless of whether they are used
in a product or supplied separately, need to be CE marked according to this
regulation. The CE marking indicates compliance with EU safety, health, and
environmental protection requirements. Notified bodies may be involved in
granting the CE marking for certain types of batteries. The CE conformity
assessment and CE marking requirements will start to apply on 18 August
2024.

Other obligations of producers and economic operators

• Extended producer responsibility: Extended producer responsibility for

batteries and registration obligations already exists in the current battery
directive. This means that companies that first make batteries available on
the market in a member state are responsible for the end-of-life collection
and treatment of the batteries in that member state. In the new regulation,
the EU introduces new updated targets for collection rates and recycling
efficiencies. The extended producer responsibility and registration
requirements in the new regulation will apply from 18 August 2025.
• Reporting Obligations: Reporting obligations are introduced, and there are
specific deadlines for implementing various aspects of the regulation, with
certain requirements coming into effect in different phases from 2024 to
2028.

Due diligence policy requirements

• Due Diligence: Producers and producer responsibility organizations must

adopt and communicate a due diligence policy for batteries. They are also
required to establish management systems to support due diligence
policies, identify and assess risks in the supply chain, and design strategies
to address identified risks. Third-party verification by a notified body is
necessary. The due diligence obligation comes into effect from August 18,
2025.

Management of waste batteries

• Shipment of Waste Batteries: The regulation addresses the shipment of

waste batteries outside the EU.

The applicability of these provisions varies depending on the battery type, and
the regulation seeks to promote transparency, sustainability, and responsibility
throughout the battery supply chain. Manufacturers, importers, and other
stakeholders will need to comply with these new requirements and deadlines,
with some aspects requiring third-party verification and delegated acts to
specify methodologies and calculations.

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The Future of Transportation - EU Battery Regulation

TÜV SÜD’s EU Battery

Regulation Services
As your trusted partner in electrical testing and
compliance, TÜV SÜD are here to support you with
understanding the new EU battery regulation
requirements and seamlessly implementing these
changes throughout your organization.

STEP 1: STEP 2:
Gain understanding Preparation/Assessment

1. Get an introduction to the legislation by your trusted 1. Clarify your interpretation of the EU Battery Regulation
partner TÜV SÜD with our expert team. Discuss all the details regarding
2. Clarify on questions that arise during the introduction the following initial assessment to check your individual
with our experts EU Battery
3. Interpret the regulations requirements from your point 2. Regulation readiness status
of view 3. Execute the initial assessment with our expert team

STEP 3: STEP 4:
Planning/Implementation Declaration/Certification

1. Create a detailed roadmap with review loops and 1. Reach your goal of regulatory compliance on time in
milestones to become EU Battery Regulation ready in terms of self-declarations or notified body assessed
collaboration with our experts requirements
2. Benefit from our modular service offerings to fit 2. Stay up-to-date on upcoming secondary legislation
perfectly your needs to become EU Battery Regulation 3. Benefit from effort reduced continuous re-compliance
ready checks
3. Our support on your journey to success could include
for instance the following services:
• QS verification
• CFP verification
• DD verification
• Recycling rate verification
• Performance, durability testing and verification
• Safety testing and verification

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 The Future of Transportation - EU Battery Regulation

Technical Advisory Services Testing Services

EU Battery Regulation training CE marking readiness check / Safety of batteries & battery
CE marking stationary storage systems (Art.
• General introduction to the EU 12 & Annex V)
Battery Regulation • Supporting our customers on their
• Customized training with way to CE marking readiness • Check of hazard analysis
application-specific deep dive and • Initial audit to determine the • Testing of identified hazard
technical advisory on status quo scenarios
requirements interpretation • Recurring review loops to • Review of manufacturer`s
• Q&A on individual application- eliminate existing deviations or mitigation instructions
specific questions omissions
• Final check to validate CE marking Battery performance and
readiness status durability (Art. 10 & Annex IV)
• Notified body CE marking
assessment • Test plan review
• Performance and durability
Readiness check testing

• Initial audit to determine the UN38.3 transportation testing on

status quo re-used / repurposed /
• Recurring reviews to eliminate remanufactured batteries
existing deviations or omissions
step by step
• Final check requirements to
validate Due Diligence policy
readiness status
• Notified body Due Diligence policy
assessment

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EU Battery Regulation Services

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