The European Commission is proposing a radical and wide-ranging overhaul of the roughly 15 years’ old existing batteries and waste batteries laws in the Union.

For those who have not yet found the time to read the nearly 127-page draft regulation and annexures put out for public consultation in December 2020, here is a summary of some of the key proposals at a glance:

		Battery type
Proposed new measure[1]	Date[2]	Portable[3]	Rechargeable industrial	Electric vehicle	Automotive
Substance restrictions
New restrictions for mercury (0.1%) and cadmium (0.01%) in EV batteries		x	x	√	x
Carbon footprint
Independently verified, battery “carbon footprint” declaration	1-1-24	x	√	√	x
Public “carbon footprint” performance classification	1-1-26	x	√	√	x
Compliance with maximum life-cycle “carbon footprint” values	1-7-27	x	√	√	x
Recycled content
Recycled content declaration for cobalt, lead, lithium and nickel (CLLN) as active materials	1-1-27	x	√	√	√
Minimum recycled CLLN content requirements[4]	1-1-30	x	√	√	√
Increased minimum recycled CLLN content[5]	1-1-35	x	√	√	√
Performance & durability
Meet minimum performance & durability parameters[6]	1-1-27	√	x	x	x
Possible start of phase out of non-re-chargeable portable batteries	Early 2030s	√	x	x	x
Declare performance & durability values	1-1-23	x	√	√	x
Meet minimum performance & durability parameters[7]	1-1-26	x	√	x	x
Removability & replaceability
Removability & replaceability (by end-users or independent operators) of batteries incorporated in appliances[8]	1-1-22	√	x	x	x
Labelling & other information requirements
Wheelie bin symbol & Cd and/or Pb symbol where Cd/Pb limits exceeded	1-7-23	√	√	√	√
Identification & contents[9] labels	1-1-27	√	√	√	√
Capacity labelling	1-1-27	√	x	x	√
Minimum average duration labelling	1-1-27	√	x	x	x
QR Codes	1-1-23 to 1-1-27[10]	√	√	√	√
Disclosure of extensive producer/battery information[11] to public Electronic information exchange	1-1-26	x	√	√	x
Battery passports	1-1-26	x	√	√	x
Battery health & lifetime information
Mandatory accessible “battery management system” incorporated into design	1-1-22	x	√	√	x
Supply chain due diligence
Supply chain due diligence procedures mandatory for entity placing battery on market (and required to be verified and policy and findings published)	1-1-23	x	√	√	x
Extended producer responsibility
Expanded definition of “Producer”[12]	1-1-22	√	√	√	√
EPR scheme costs modulated according to rechargeability and recycled content	1-1-23	√	√	√	√
Publication of producer EPR costs paid	1-1-23	√	√	√	√
Increased waste portable battery collection targets	By end 2023 (45%)/ 2025 (65%)/ 2030 (70%)	√	x	x	x

Interested parties will wish to follow and contribute to the negotiation process as these proposals (and, in due course, relevant delegated acts introducing much of the key additional detail) work their way through the EU legislative process over the coming 12 months or so. Whilst many of these requirements apply primarily to battery manufacturers, EU-established importers and distributors must ensure they are familiar with all requirements and their dates of application to avoid responsibility for placing on the market non-compliant batteries.

As currently drafted, prior to negotiation, the proposal envisages that the new regulation will apply from 1-1-22.  Provisions that are expressed to apply immediately without phase in have been assigned that date in the table above.  However, any slippage in the entry into force date following negotiation of the draft proposal with the EU Parliament and Council will likely cause these and other dates to slip commensurately.

This high-level summary does not purport to capture every element of this detailed proposal, and those listed above are in some cases subject to limitations, exceptions and qualifications in the full text.

If you would like further information about any aspect of this important proposal, please contact any one of the authors.

 

[1] Based on Commission’s 10 December 2020 draft

[2] Estimated, based on consultation draft.

[3] Defined as any sealed battery weighing less than 5 kg that is not an industrial, EV or automotive battery (includes AA, AAA, PP3 etc.).

[4] 12% cobalt, 85% lead, 4% lithium, 4% nickel

[5] 20% cobalt, 85% lead, 10% lithium, 12% nickel

[6] Requirements (still to be specified) will cover minimum capacity, charge, duration, shelf-life, recharging endurance and resistance to leakage.

[7] Requirements (still to be specified) will cover minimum capacity, power, resistance, energy efficiency and life-time.

[8] Essentially, any equipment within scope of the WEEE directive

[9] Including hazardous substances other than CLLN, and critical raw materials

[10] Precise QR code contents phased in by type and content over 4 year period

[11] Covering identification, composition, carbon footprint, recycled content, performance & durability etc.

[12] To align more closely with existing new legislative framework product laws