The European Parliament adopted by 587 votes to 9, with 20 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission proposal as follows:

Objective and scope

This Regulation lays down requirements on sustainability, safety, labelling, marking and information to allow the placing on the market or putting into service of batteries within the Union. Its objectives are to contribute to the efficient functioning of the internal market, while preventing and reducing the adverse impacts of batteries on the environment, and to protect the environment and human health by preventing and reducing the adverse impacts of the generation and management of waste batteries.

The Regulation applies to all categories of batteries , namely portable batteries, starting, lighting and ignition batteries (SLI batteries), light means of transport batteries (LMT batteries), electric vehicle batteries and industrial batteries. It will cover the entire battery life cycle, from design to end-of-life.

Carbon footprint statement and label

For electric vehicle batteries, rechargeable industrial batteries with a capacity greater than 2 kWh and LMT batteries, a carbon footprint declaration will be drawn up for each battery model per manufacturing plant.

The carbon footprint statement will apply from (i) 18 months after the date of entry into force of the regulation in the case of electric vehicle batteries; (ii) 30 months after the date of entry into force in the case of industrial rechargeable batteries; (iii) 60 months after the date of entry into force in the case of LMT batteries; (iv) 80 months after the date of entry into force in the case of industrial rechargeable batteries with external storage.

A visible, clearly legible and indelible label will be affixed to electric vehicle batteries, industrial rechargeable batteries with a capacity greater than 2 kWh and MT batteries. The label will indicate the carbon footprint performance class of the battery as well as the carbon footprint performance class to which the relevant battery model of a manufacturing unit corresponds.

Recycled content of industrial batteries, electric vehicle batteries, LMT batteries and SLI batteries

Minimum levels of recycled content from manufacturing and consumer waste for use in new batteries: eight years after the entry into force of the regulation - 16% for cobalt, 85% for lead, 6% for lithium and 6% for nickel; 13 years after the entry into force: 26% for cobalt, 85% for lead, 12% for lithium and 15% for nickel.

Battery passport

From 42 months after the date of entry into force of the regulation, LMT batteries, industrial batteries with a capacity greater than 2 kWh and electrical vehicle batteries will have a digital battery passport . This battery passport will contain information relating to the battery model and information specific to the battery in question, including information resulting from the use of this battery.

From the same date, all batteries will have to be marked with a QR code giving access, for LMT batteries with a capacity greater than 2 kWh and electric vehicle batteries, to the battery passport.

Removability and replaceability of portable batteries and LMT batteries

Any natural or legal person that places on the market products incorporating portable batteries shall ensure that those batteries are readily removable and replaceable by the end-user at any time during the lifetime of the product. That obligation will only apply to entire batteries and not to individual cells or other parts included in such batteries.

A portable battery will be considered readily removable by the end-user where it can be removed from a product with the use of commercially available tools, without requiring the use of specialised tools, unless provided free of charge with the product, proprietary tools, thermal energy, or solvents to disassemble the product.

Any natural or legal person that places on the market products incorporating portable batteries will ensure that those products are accompanied with instructions and safety information on the use, removal and replacement of the batteries. Those instructions and that safety information will be made available permanently online, on a publicly available website, in an easily understandable way for end-users.

Collection of waste portable batteries

Producers of portable batteries shall ensure that all waste portable batteries, regardless of their nature, chemical composition, condition, brand or origin, are collected separately within the territory of a Member State where they make portable batteries available on the market for the first time. To this end, they will have to set up a take-back and collection system for waste portable batteries.

The waste collection targets are set at 45% by 2023, 63% by 2027 and 73% by 2030 for portable batteries; and 51% by 2028 and 61% by 2031 for LMT batteries.

Recycling and materials recovery performance targets

By 31 December 2025 at the latest, recycling must achieve at least the following recycling efficiency targets: (i) recycling of at least 75% of the average weight of lead-acid batteries; (ii) recycling of at least 65% of the average weight of lithium-based batteries; (iii) recycling of at least 80% of the average weight of nickel-cadmium batteries; (iv) recycling of at least 50% of the average weight of other waste batteries.

Minimum levels of materials recovered from waste batteries must be reused: 50% for lithium by 2027 and 80% by 2031; and 90% by 2027 and 95% by 2031 for cobalt, copper, lead and nickel.

Due diligence

The Regulation imposes obligations relating to battery due diligence on economic operators who place batteries on the market or put them into service. It also lays down requirements for the award of green public contracts for the procurement of batteries or products in which batteries are incorporated. It also lays down minimum requirements for extended producer responsibility.

The European Parliament adopted by 584 votes to 67, with 40 abstentions, amendments to the to the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020.

The matter was referred back to the competent committee for inter-institutional negotiations.

The main amendments adopted in plenary concern the following points:

Subject matter and scope

The Regulation establishes requirements on environmental, economic and social sustainability , safety, labelling and information to allow the placing on the market or putting into service of batteries. It should lay down measures to protect the environment and human health by preventing and reducing the generation of waste batteries and the adverse impacts of the generation and management of such batteries, as well as by reducing the overall impacts of resource use and by improving the efficiency of such use.

The Regulation should apply to all batteries, namely portable batteries, light means of transport batteries (such as e-bikes and e-scooters), automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It should also apply to batteries incorporated in or added to other products.

Carbon footprint

Members backed proposed rules on a carbon footprint declaration and labelling , a maximum value for the life cycle carbon footprint, and minimum levels of cobalt, lead, lithium and nickel recovered from waste for reuse in new batteries.

Batteries for electric vehicles, batteries for light transport and industrial batteries should be visibly, legibly and indelibly labelled with the carbon footprint of the battery and the carbon footprint performance class to which each battery belongs. The carbon footprint performance class requirements would apply from 1 July 2025.

Removability and replaceability of portable batteries and batteries for light weight means of transport

By 1 January 2024 at the latest, portable batteries incorporated in appliances and batteries for light means of transport should be designed in such a manner that they can be readily and safely removed by qualified independent operators and replaced with basic and commonly available tools and without causing damage to the appliance or the batteries.

Clear and detailed instructions for removal and replacement should be provided by the relevant economic operator at the time of purchase of the appliance and, should be made available permanently online in an easily understandable way for end users, including consumers, on its website for the expected lifetime of the product.

Automotive batteries, industrial batteries and electric vehicle batteries shall be readily removable and replaceable, if the battery has a shorter lifetime than the appliance or vehicle it is used in, by qualified independent operators, which shall be able to discharge the battery safely and without prior disassembly of the battery pack.

Common chargers

By 1 January 2024, the Commission should assess how best to introduce harmonised standards for a common charger, to be applicable no later than 1 January 2026, for a variety of rechargeable batteries.

Labelling of batteries

Members proposed that:

- from 1 January 2027 , portable batteries, light means of transport batteries and automotive batteries should be marked with a label containing information on their nominal energy capacity and marked with a label containing information on their minimum average duration when used in specific applications and the expected lifetime in terms of number of cycles and calendar years;

- from 1 January 2023 , non-rechargeable portable batteries of general use should be marked with a label indicating ‘non-rechargeable’;

- from 1 July 2023 , batteries should be labelled with a symbol indicating a harmonised colour code based on the battery type and its chemical composition.

Obligation for economic operators to conduct value chain due diligence

Members believe that responsibility for respecting human rights, social rights, human health and the environment should apply to all manufacturing activities and other business relationships of an economic operator along the value chain.

Due diligence requirements for the battery value chain should be established to address the social and environmental risks inherent in the extraction, processing and trade of certain raw materials, chemicals and secondary raw materials for battery manufacturing, the treatment of battery waste, the manufacturing process itself and all other associated business relationships.

Waste management

Members called for more stringent collection targets for portable batteries (45% by 31 December 2023; 70% by 31 December 2025; 80 % by 31 December 2030). They also introduced minimum collection rates for batteries for light means of transport (75% by 2025 and 85% by 2030). All waste automotive, industrial and electric vehicle batteries must be collected.

All waste batteries collected should undergo preparation for reuse, preparation for repurposing or a recycling process, except batteries containing mercury, which shall be disposed of in a manner that does not entail any negative impacts on human health or the environment;

Union-wide deposit return systems for batteries

Members proposed that the 31 December 2025, the Commission should assess the feasibility and potential benefits of establishment of Union-wide deposit return systems for batteries, in particular for portable batteries of general use.

The Committee on the Environment, Public Health and Food Safety adopted the legislative report by Simona BONAFÈ (S&D, IT) on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020.

As a reminder, the Commission presented the proposal for a regulation concerning batteries and waste batteries with the aim of strengthening the functioning of the internal market, promoting a circular economy and reducing environmental and social impacts throughout all stages of the battery life cycle. This proposal should overhaul current legislation to take into account technological developments and amended provisions in several areas, including the introduction of a new category of ‘batteries for ‘light means of transport’ (LMT)’, such as e-bikes.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Subject matter

The amended Regulation establishes requirements on environmental, economic and social sustainability , safety, labelling and information to allow the placing on the market or putting into service of batteries. It should lay down measures to protect the environment and human health by preventing and reducing the generation of waste batteries and the adverse impacts of the generation and management of such batteries, as well as by reducing the overall impacts of resource use and by improving the efficiency of such use.

Scope

Members suggested that this Regulation should apply to all batteries, namely portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It should also apply to batteries incorporated in or added to other products.

Carbon footprint and due diligence

Members stressed that compliance with the carbon footprint declaration, recycled content such as cobalt, lead, lithium and nickel from waste for reuse in new batteries, as well as human rights and battery value chain due diligence obligations should be fully ensured.

Removability and replaceability of portable batteries

The report stipulates that by 1 January 2024 portable batteries incorporated in appliances and batteries for light means of transport should be designed in such a manner that they can be readily and safely removed and replaced with basic and commonly available tools and without causing damage to the appliance or the batteries.

Clear and detailed instructions for removal and replacement should be provided by the relevant economic operator at the time of purchase of the appliance and, should be made available permanently online in an easily understandable way for end users, including consumers, on its website for the expected lifetime of the product.

Common chargers

By 1 January 2024, the Commission should assess how best to introduce harmonised standards for a common charger, to be applicable no later than 1 January 2026, for a variety of rechargeable batteries.

Labelling of batteries

Members proposed that:

- from 1 January 2027 , portable batteries, light means of transport batteries and automotive batteries should be marked with a label containing information on their nominal energy capacity and marked with a label containing information on their minimum average duration when

used in specific applications and the expected lifetime in terms of number of cycles and calendar years;

- from 1 January 2023 , non-rechargeable portable batteries of general use should be marked with a label indicating ‘ non-rechargeable ’;

- from 1 July 2023 , batteries should be labelled with a symbol indicating a harmonised colour code based on the battery type and its chemical composition .

Waste management

The report called for more stringent collection targets for portable batteries (70% by 2025, compared to the Commission’s original proposal of 65%; and 80% by 2030 instead of 70%). They also introduced minimum collection rates for batteries for light means of transport (75% by 2025 and 85% by 2030). All waste automotive, industrial and electric vehicle batteries must be collected.

All waste batteries collected should undergo preparation for reuse, preparation for repurposing or a recycling process, except batteries containing mercury, which shall be disposed of in a manner that does not entail any negative impacts on human health or the environment;

Union-wide deposit return systems for batteries

Members proposed that the 31 December 2025, the Commission should assess the feasibility and potential benefits of establishment of Union-wide deposit return systems for batteries, in particular for portable batteries of general use.

Union testing facility

Members called on the Commission to designate a Union testing facility specialised in batteries providing independent technical and scientific advice to the Commission.

National battery competence centres

Market surveillance authorities should agree with the organisations representing economic operators and research centres to set up a national battery competence centre in each Member State. These centres aim to carry out activities that have the aim of promoting compliance, identifying non-compliance, raising awareness and providing guidance and technical advice in relation to the requirements of this Regulation.

Penalties

By 1 January 2023, the Commission should develop harmonised criteria for effective, proportionate and dissuasive penalties and for compensation of damages to individuals.

PURPOSE: to modernise the EU's legislative framework on batteries and battery waste.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: a shift from the use of fossil fuels in vehicles to electromobility is one of the prerequisites for reaching the climate neutrality goal in 2050. Batteries are thus an important source of energy and one of the key enablers for sustainable development, green mobility, clean energy and climate neutrality.

The current regulatory framework, with Directive 2006/66/EC on batteries, only covers the end-of-life stage of batteries. There are currently no legal provisions in the EU that cover other aspects of the production and use phases of batteries, such as electrochemical performance and durability, GHG emissions, or responsible sourcing.

According to estimates from the World Economic Forum, there is a need to scale up global battery production by a factor of 19 to accelerate the transition to a low-carbon economy.

The Commission is therefore proposing to modernise EU legislation on batteries, implementing its first initiative among the measures announced in the new action plan for the circular economy .

In addition to the Commission’s work, both the Council and the Parliament have called for action to support the transition to electro-mobility, carbon-neutral energy storage, and a sustainable battery value chain.

CONTENT: this proposal introduces gradual requirements to minimise the carbon footprint throughout the life cycle of batteries. Its objective is three-fold:

1) to strengthen the functioning of the internal market (including products, processes, battery waste and recycled materials) by ensuring a level playing field through a common set of rules;

2) to promote a circular economy; and

3) reduce environmental and social impacts throughout all the stages of the battery life cycle

Minimum sustainability requirements

In order to encourage the production and placing on the EU market of high quality and efficient batteries, the proposed Regulation establishes requirements on sustainability, safety and labelling to allow the placing on the market and putting into service of batteries, as well as requirements for the collection, treatment and recycling of waste batteries. The Regulation would apply to all types of batteries, i.e. portable batteries, automotive batteries, electric vehicle batteries and industrial batteries.

The proposal also sets out requirements to ensure the proper functioning of the market for secondary raw materials while preventing and reducing the environmental impacts of the production and use of batteries, as well as their treatment (including recycling) at the end of the battery's life.

Carbon footprint of electric vehicle batteries and rechargeable industrial batteries

The proposal provides for the following:

- as of 1 July 2024, only industrial rechargeable batteries and electric vehicle batteries for which a carbon footprint statement has been drawn up could be placed on the market;

- as of 1 January 2026, batteries should be classified into carbon footprint performance classes;

- as of 1 July 2027, batteries should comply with maximum life-cycle carbon footprint thresholds;

- as of 1 January 2030, industrial and electric-vehicle batteries with internal storage should contain the following minimum share of recovered cobalt, lead, lithium or nickel from waste of the cobalt, lead, lithium or nickel present in active materials in those batteries: 12% cobalt; 85% lead, 4% lithium and 4% nickel;

- as of 1 January 2035, the minimum share of recovered cobalt, lithium or nickel should increase to 20% cobalt, 10% lithium and 12% nickel. For lead the minimum share shall stay at 85%.

Increasing the resilience of the EU battery supply chain by closing the materials loop

To close the loop and keep recovered materials used in batteries in the European economy for as long as possible, the Commission proposes to set new requirements and targets for the recycled content and the collection, treatment and recycling of batteries at the end of their life cycle.

The proposal sets collection rates for waste portable batteries to be achieved by Member States, excluding currently waste batteries from light means of transport. The collection rates should gradually increase so to ensure that by end 2025 65% of waste portable batteries are collected and by end 2030 70% of such batteries are collected.

The proposal also contains requirements for re-purposing and remanufacturing operations to give a second life to industrial and electric vehicle batteries. Persons carrying out the repurposing or remanufacturing of batteries should ensure that the examination, performance testing, packing and shipment of batteries and their components is carried out following adequate quality control and safety instructions.

Battery passports

By 1 January 2026 at the latest, a ‘passport’ should be created for batteries, with a view to enabling economic operators to collect and re-use information and data on each battery placed on the market more efficiently and to make better informed choices in their planning activities.

Budgetary implications

The proposal requires human and financial resources for the purchase of data and services. Some of the staff requirements are expected to be met under the existing allocations of the Commission, the Joint Research Centre (JRC) and the European Chemicals Agency (ECHA).