The EU Battery Regulation is in force and sets standards for sustainability and CO2 emissions
It entered into force twenty days following its publication on 18th August 2023 and starts to apply six months after that, albeit with some significant provisions having a deferred entry into force of between twelve months and twelve years. The Regulation constitutes an overhaul of the batteries regime applicable in the EU, with the existing Batteries Directive (2006/66/EC) being repealed for the most part and replaced by the Regulation. The ramifications for all economic operators dealing with batteries at any stage of the supply chain are significant, as the Regulation introduces many new requirements while imposing stricter duties, including due diligence, on various actors in the batteries supply chain.
The overhaul of the EU’s regulatory regime on batteries is an important part of the European Green Deal and is a key prong of the EU Commission’s 2020 Circular Economy Action Plan. Both communications emphasized the importance of creating a safe, circular, and sustainable battery value chain for the achievement of the EU’s climate neutrality by 2050 ambitions, not only because circularity is seen as a prerequisite for climate neutrality, but also due to batteries’ role in boosting electromobility in the EU.
The Regulation applies to all types of batteries, including not just portable batteries in consumer devices, but also industrial batteries; batteries used in electric vehicles; batteries designed to supply electric power for starting, lighting, or ignition; batteries used for light means of transport (e.g., e-scooters and e-bikes); as well as to battery energy storage systems; battery modules and battery packs. The only excluded types of batteries are those used in military equipment and batteries in equipment designed to be sent into space.
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