Why this regulation?
For many years in Europe, battery regulations were governed by Directive 2006/66/EC, which focused primarily on collection and recycling in order to limit environmental impact. However, this text left a wide margin of interpretation to the Member States, leading to very uneven implementation from one country to the next. This directive, which has now been overtaken by developments in the market and in technology, has been officially repealed on 18 August 2025.
To replace this fragmented framework and harmonise legislation, the European Union adopted the regulation (EU) 2023/1542, published on 28 July 2023 applicable since 18 February 2024. This regulation, which forms part of the Green Pact for Europe, sets out a comprehensive approach to energy efficiency.. The diagram below illustrates how the different stages of the life cycle are covered by the articles of the regulations.
This regulation now applies to all Member States and covers all batteries placed on the European market, divided into five categories:
- Batteries for electric vehicles (EVs)
- Batteries for light means of transport (LMT) - such as electric bikes
- Batteries industrial - used in industrial environments or large factories
- Batteries SLI (vehicle starting, lighting and ignition)
- Batteries laptops (less than 5 kg used in electronic appliances, for example)
Today, regulation (EU) 2023/1542 constitutes the only regulatory framework governing batteries in the EU. Some of these obligations will apply progressively until 2036.
It introduces detailed requirements in terms of sustainability, performance, labelling, traceability and due diligence. Lithium batteries play a key role, due to their growing importance in electric mobility and electronic devices, as well as their content of critical raw materials.
What is the calendar of implementation?
The articles of the regulation set different deadlines for different categories of battery. The figures below show the main initial deadlines for electric vehicles (EV) and industrial batteries. However, several of these deadlines have been delayed. The final version of the carbon footprint (CF) methodology for electric vehicle batteries announced for early 2024, for example, has still not been published.
The remainder of this article examines in greater detail the state of progress in the implementation of the main requirements.
Calculation of the carbon footprint
Regulation (EU) 2023/1542 requires manufacturers to calculate and declare the carbon footprint generated throughout the life of the battery. Defined in Articles 7 and 8, this requirement is a key measure for reducing greenhouse gas emissions throughout the value chain and enhancing the environmental transparency of the sector.
The carbon footprint will follow a harmonised methodology drawn up by the European Commission, including in particular :
- independent verification requirements
- the mandatory scope of analysis (complete «cradle-to-grave» LCA),
- the data to be supplied (inventory, electricity mix, location of processes),
- and the breakdown of emissions by life cycle stage.
How far have we got with the methodology?
The Draft Delegated Act (DDA) on EVs was published on 30 April 2024, and the consultation period ended on 28 May 2024. There has been no update since then. Its entry into force is already delayed by one and a half years.
Entry into force: 18 February 2025 or 12 months after the publication of the Delegated Act (DA)
On 11 April 2025, the JRC published a report to prepare the future DA for industrial batteries. This report is based on the EV methodology. Some harmonisations are on hold of the publication of the final version of the EV DA.
Entry into force : 18 February 2026 or 18 months after publication of the delegated act for industrial batteries and 18 August 2030 or 18 months after publication of the delegated act for batteries for stationary energy storage (BESS).
Recently, for LMT batteries, the JRC published its first technical report on the 23/06/2025 on the basis of the methodology applicable to industrial batteries. It is also awaiting the final version of the EV AD for harmonisation.
Entry into force : 18 August 2028 or 18 months after publication of the delegated act.
Recycling efficiency and material recovery
On 21 March 2025, the European Commission published a delegated act specifying how to calculate and verify the efficiency rates of recycling for several categories of batteries: lead, lithium, nickel-cadmium and other end-of-life batteries.
This text clearly describes the flows and losses to be taken into account when calculating efficiency and how operators must demonstrate their compliance. For the recovery rates of key materials such as cobalt or lithium, the calculation method is detailed along with the forms of materials to be recognised (metal, salt, compound), and how to avoid double counting when several steps are involved in the recovery process.
Finally, it is important to note that the regulatory targets themselves do not change, as Regulation (EU) 2023/1542 already sets the minimum values for recycling and recovery efficiency. The tables below summarise these values.
The delegated act of 21 March 2025 therefore only provides the technical implementation rules: a way to harmonise calculations, improve traceability and ensure consistent verification across all Member States.
Due Diligence
Battery manufacturers must now publish their due diligence practices. The objective: to reduce environmental impacts related to production, use and waste management
What are the obligations?
- Ensuring responsible sourcing of essential raw materials
- Identify and reduce environmental, social and human rights risks
- Pay particular attention to high-risk extraction areas
For when?
The initial compliance deadline of 18 August 2025 has been postponed to 18 August 2027 by the European Commission on 21 May 2025.
This postponement is mainly due to the postponement of the publication of guidelines, initially scheduled for February 2025, but postponed to July 2026. Also, the authorities need more time to designate and implement third-party notified bodies responsible for verification.
Notified bodies
Under European legislation, a notified body is an independent and accredited entity designated by a Member State and responsible for carrying out conformity assessments. Its role is to verify that products comply with the essential requirements set out in EU directives or regulations.
What should be checked in accordance with (EU) regulation 2023/1542?
- Conformity assessment and CE marking (Article 17)
- Carbon footprint (Article 7) and recycled content (Article 8)
- Due Diligence (Articles 48-52)
Role of the auditors :
- Guaranteeing impartial certification certifying that the batteries comply with European standards for durability, safety and performance.
- Ensure legal certainty and traceability, as manufacturers must rely on accredited notified bodies to support their conformity declarations.
- Managing the integrity of the supply chain through the use of verified due diligence.
- Supporting consistent application across the EU through the coordination and public transparency.
It should be noted that notified bodies can only be designated following a official procedure conducted by the national authorities of EU Member States. However, the delay in the publication of carbon footprint methodologies is currently preventing the authorities from launching this designation procedure and therefore from appointing the corresponding notified bodies.
Safety
Regulation (EU) 2023/1542 also introduces targeted measures to enhance battery safety and reduce risks to human health and the environment, with a strong focus on limitation of use of hazardous substances.
With regard to substances of concern, the regulation sets strict thresholds for certain heavy metals contained in batteries:
- Mercure (Hg): maximum of 0.0005% per mass
- Cadmium (Cd): maximum of 0.002% per mass
- Lead (Pb): in portable batteries, limited to 0.01 % by mass from 18 August 2024.
Finally, by 2027, the European Commission must present an evaluation report to the European Parliament and the Council to determine whether these restrictions should be extended to other substances that pose health risks or could complicate recycling and the production of high-quality secondary raw materials
Labelling
Since 18 August 2024, all batteries placed on the European market must bear the CE marking, guaranteeing their compliance with safety, health and environmental requirements.
The European Commission was expected to specify the detailed labelling rules before August 2025, a draft implementing act was published in December 2025 with a feedback period ending in late January 2026. The application of the new obligations, planned between 2026 and 2027, will therefore be delayed. The information that must appear on the label includes in particular:
- Capacity
- Service life
- Essential performance
- Chemical composition
- Carbon footprint
- Recycled content
- Disposal and recycling instructions
- Manufacturer identification.
From February 2027, this data will also have to be accessible via a digital product passport (DPP), accessible via a QR code, once the technical framework will be finalised.
Extended Producer Responsibility
From 18 August 2025, all Member States will be required to oblige battery manufacturers, including those incorporated into electronic equipment, to register in an extended producer responsibility (EPR) scheme. Each country must publish the national legislation governing this obligation; France adopted a decree in December 2024.
Under the EPR framework, manufacturers are required to finance, organise and ensure the collection of waste batteries, as well as their treatment and recycling.
This scheme ensures that producers take responsibility for the environmental impacts of their batteries across their entire life cycle, in line with the sustainability objectives of the European Batteries Regulation.
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