The EU Battery Regulation, Regulation (EU) 2023/1542, lets a battery be sold in the EU only if it meets rules on substances, performance, labelling and conformity, and makes its producer register and pay for collection in each country.
For most sellers that means a CE-marked battery with the right marks, plus a producer registration in every country where it is sold. Below is what each requirement asks, which batteries it covers, the six steps to meet it and when each duty starts.
The new battery label is often dated 18 August 2026. The law starts it 18 months after the Commission's label rules, and in October 2026 those were still a draft.
Where your company is based decides who carries the manufacturer's duties.
Is your company established in the EU?
Pick your answer below for the right guidance.
The Battery Regulation in seven facts
Below are the seven facts that frame every requirement on this page.
| Topic | In short |
|---|---|
| The law | Regulation (EU) 2023/1542 on batteries and waste batteries |
| Type | A regulation, so it applies as written in every EU country |
| Applies since | 18 February 2024, with duties phased in up to 2036 |
| Batteries | All five categories, including batteries built into products |
| Who | Manufacturers, importers, distributors, fulfilment providers and producers |
| Replaced | The Batteries Directive 2006/66/EC, repealed from 18 August 2025 |
| Last changed | Annex I, replaced from 13 August 2026 by Regulation (EU) 2026/1738 |
The facts follow EUR-Lex's record of the Battery Regulation in its consolidated version of 13 August 2026. For a short definition of the law, see the glossary entry on the EU Battery Regulation.
Two conditions every battery must meet before sale
Article 5 sets two conditions. A battery may only be placed on the EU market or put into service when both are met.
- It meets the sustainability and safety rules. These are articles 6 to 10 and 12, listed below.
- It carries the right labels and information. These are the rules in chapter III, mainly the labels and marks in article 13 and the battery health data in article 14.
Anything those rules do not cover is caught by a general safety duty. The battery must not present a risk to people, property or the environment (article 5(2)).
The five product rules behind the first condition
Each rule applies to some battery categories and not others, and several start on later dates.
| Rule | What it asks, and of which batteries |
|---|---|
| Substances (art. 6) | Limits on mercury, cadmium and lead in Annex I, for all batteries |
| Carbon footprint (art. 7) | A declaration and label per model and plant, for electric vehicle, LMT and rechargeable industrial batteries over 2 kWh |
| Recycled content (art. 8) | Documentation, then minimum recycled shares, for industrial over 2 kWh, electric vehicle and SLI batteries, and later LMT |
| Performance (art. 9 and 10) | Performance and durability values, then minimums, for AA-type portable batteries and for LMT, electric vehicle and large industrial ones |
| Stationary storage (art. 12) | Safe in normal use and tested for the safety parameters in Annex V |
One more design rule sits outside article 5. From 18 February 2027, a company placing a product with a portable battery on the EU market must make the battery removable and replaceable by the user with ordinary tools, and explain how (article 11).
Which batteries and products are covered
The regulation covers every battery, whatever its shape, chemistry or use, sorted into five categories (article 1(3)). Each battery follows the rules of its category, and a battery that fits two takes the stricter one.
The weights and uses that set each category apart are written into article 3.
| Category | What sets it apart |
|---|---|
| Portable | Sealed, 5 kg or less, not for industry and not one of the three below |
| SLI | Made for starting, lighting or ignition |
| LMT | Sealed, 25 kg or less, drives a light vehicle |
| Electric vehicle | Drives a hybrid or electric car, van or truck, or a light vehicle with a battery over 25 kg |
| Industrial | Made for industry, or any other battery over 5 kg that fits none of the above |
Batteries built into a product count, so a toothbrush, a power tool or a laptop brings its seller into the law (article 1(3)).
Two kinds of battery are outside the regulation altogether. One is batteries in equipment for the protection of EU countries' essential security interests, arms, munitions and war material. The other is batteries in equipment sent into space (article 1(5)).
Who carries the duties in your case
The duties follow a company's role in the chain. The manufacturer makes the battery or sells it under its own name, the importer brings it in from outside the EU, and the distributor sells it on.
Established in the EU. If your company makes batteries, or has them made and sells them under its own brand, the manufacturer's duties are yours.
If you import batteries or battery-powered products from outside the EU, you carry the importer's duties and usually count as the producer for EPR in the country you supply.
Selling from outside the EU. The manufacturer's duties still apply to you, and an EU company must also answer for the battery.
Batteries are on the list in article 4 of the Market Surveillance Regulation, so an EU importer or authorised representative (or, failing those, a fulfilment provider) has to take that role.
If you ship straight to EU end users, you are the producer in each country you sell to and must appoint an authorised representative for EPR there (article 56(3)).
How to meet the Battery Regulation in six steps
The six steps below take a manufacturer from one battery model to a battery that may be sold in an EU country. An importer or distributor checks the result of steps 1 to 5 instead of doing them.
Step 1. Put each battery in its category
Start with the five categories, because every later rule depends on them. Two details catch sellers out.
- Weight decides. A sealed battery of 5 kg or less is usually portable, while over 5 kg it counts as industrial unless it is an SLI, LMT or electric vehicle battery.
- Built-in batteries count. Sort the battery inside each product too, not just the batteries you sell loose.
Note the capacity of rechargeable industrial batteries as well, since several rules start above 2 kWh.
Step 2. Check the substance limits
Annex I sets the limits every battery must meet (article 6). Ask your cell supplier for test results against each one.
- Mercury. At most 0.0005 % by weight in any battery.
- Cadmium. At most 0.002 % by weight in a portable battery.
- Lead. At most 0.01 % by weight in a portable battery since 18 August 2024, with zinc-air button cells exempt until 18 August 2028.
Since 13 August 2026, Annex I also holds limits for lead and cadmium in batteries built into cars and vans, added by the End-of-Life Vehicles Regulation (EU) 2026/1738.
Step 3. Build the technical documentation
Before a battery is sold, the manufacturer draws up technical documentation and runs a conformity assessment (article 38(2)).
For batteries made in series, that is internal production control or a quality-assured production process (article 17(1)). The carbon footprint and recycled content rules always need the quality-assured route or a unit check (article 17(2)).
The documentation shows the battery meets each rule that applies to its category. LMT, electric vehicle and rechargeable industrial batteries over 2 kWh have also needed a document with their performance and durability values since 18 August 2024 (article 10(1)).
Keep the file for 10 years after the battery is placed on the market (article 38(4)). An authorised representative may hold it for you, but it cannot draw it up for you (article 40(2)).
Step 4. Sign the declaration and add the CE mark
Once the assessment is done, the manufacturer signs an EU declaration of conformity stating that the battery meets articles 6 to 10, 12, 13 and 14 (article 18). By signing, the manufacturer takes responsibility for the battery.
The declaration is drawn up electronically, follows the model in Annex IX and is translated into the language each country requires. A battery covered by several EU laws gets one declaration naming all of them.
Then the CE marking goes on the battery, visibly and indelibly, before it is sold (article 20). Where the battery is too small, it goes on the packaging and the accompanying documents.
Step 5. Mark the battery and its packaging
Some marks already apply, and others are still on their way. The marks go on the battery itself, or on its packaging and documents when the battery is too small (article 13(7)).
Below is each mark, in the order it started or will start.
- Name and address. The manufacturer's name, postal address and, where available, web and email address, plus the importer's for imported batteries (articles 38(7) and 41(3)).
- Identification. A model and batch or serial number (article 38(6)).
- Collection symbol. The crossed-out wheeled bin on all batteries since 18 August 2025 (article 13(4)).
- Pb or Cd. Under the bin when a battery has over 0.004 % lead or 0.002 % cadmium (article 13(5)).
- QR code. On all batteries from 18 February 2027 (article 13(6)).
- The new label. Place and date of manufacture, weight, capacity, chemistry and more, from 18 months after the Commission's label rules come into force (article 13(1)).
The QR code also opens the battery passport, a digital record every LMT battery, electric vehicle battery and industrial battery over 2 kWh must have from 18 February 2027 (article 77).
Step 6. Register as a producer in every country
The extended producer responsibility (EPR) rules have applied since 18 August 2025 (article 96(2)). The producer of a battery must register in each EU country where it first makes the battery available, before selling there (article 55(2)).
Batteries inside appliances and vehicles count. The producer then pays for collecting and treating the waste batteries, on its own or through a producer responsibility organisation (PRO) (articles 56 and 57).
Some countries make joining a PRO mandatory (article 57(1)). Producers of portable and LMT batteries also report the amounts they sell each year (article 75), and the overview of battery EPR sets out how the rules differ by country.
A seller abroad that ships directly to end users must appoint an authorised representative for EPR in each of those countries, by written mandate (article 56(3)).
What importers and distributors must check
The companies after the manufacturer check its work and keep the battery compliant while it is with them.
- Importers sell only compliant batteries, check the declaration, CE marking and labels first, add their own name and address, and keep a copy of the declaration for 10 years (article 41).
- Distributors check the CE marking, labels and documents, and also that the producer is registered in that country (article 42(2)). They take back waste batteries for free, with no purchase needed (article 62).
- Fulfilment service providers make sure storage, packing and shipping do not damage the battery's compliance, and cooperate with the authorities (article 43).
Due diligence on battery raw materials from 2027
From 18 August 2027, a company that places batteries on the EU market must run a due diligence policy on the raw materials in them (article 48(1)). The raw materials are cobalt, natural graphite, lithium, nickel and the chemical compounds made from them (Annex X).
The duty only reaches large companies. It does not apply to a company with a net turnover under 40 million euros that is not part of a group above that limit (article 47).
A company in scope must do four things.
- Set a policy and build it into its supplier contracts (article 49).
- Trace the supply chain back to the upstream suppliers and run a grievance mechanism (article 49).
- Have the policy checked by a notified body and audited regularly (article 48(2)).
- Publish a report on the policy every year (article 52(3)).
When each Battery Regulation duty starts
The regulation has applied since 18 February 2024, but most duties start on their own date. Several move further out when the Commission is late with the rules they rely on.
These are the dates, with the duties that start on each.
- 18 February 2024. The regulation started to apply (article 96).
- 18 August 2024. The lead limit for portable batteries, the performance document for LMT, electric vehicle and large industrial batteries and the battery health data started to apply (articles 6, 10 and 14).
- 18 August 2025. EPR, producer registration and the collection symbol started to apply, and the old Batteries Directive was repealed (articles 13, 95 and 96).
- 18 February 2027. The QR code, the battery passport and replaceable portable batteries will start to apply (articles 11, 13 and 77).
- 18 August 2027. Due diligence will start for companies above 40 million euros in turnover (article 48).
- 18 August 2028 at the earliest. Recycled content documentation and minimum performance for general-use portable batteries will follow, later if the Commission's rules arrive late (articles 8 and 9).
- 18 August 2031 and 2036. The minimum recycled shares will apply, rising from 16 % cobalt, 85 % lead, 6 % lithium and 6 % nickel to 26 %, 85 %, 12 % and 15 % (article 8).
The new label and the carbon footprint rules depend on Commission acts. Each starts on its date in the law or a set number of months after the Commission's rules take effect, whichever is later, and the label rules were still a draft in October 2026 (articles 7 and 13).
What changed in 2025 and 2026
The Battery Regulation has been changed twice in ways that matter to sellers since it was adopted in 2023. Both are in the current consolidated text.
- Due diligence was postponed. Regulation (EU) 2025/1561 moved the start from 18 August 2025 to 18 August 2027, and the Commission's guidance deadline to 26 July 2026.
- Annex I was replaced. The End-of-Life Vehicles Regulation (EU) 2026/1738 rewrote the substance limits from 13 August 2026, adding limits for batteries in cars and vans.
Two further changes are only proposals. In December 2025 the Commission proposed suspending the rule on authorised representatives for EPR, for batteries and packaging alike, and a separate set of simplifications to the Battery Regulation.
Neither is law yet. The European Parliament's file on the suspension showed a committee vote on 5 October 2026, and until a final text is adopted, article 56(3) applies as written.
Fines and enforcement for batteries
The regulation sets no fine of its own. Each EU country lays down its own penalties, which must be effective, proportionate and dissuasive, and they were due by 18 August 2025 (article 93).
National market surveillance authorities check batteries on the market. When a battery does not comply, they can require the company to fix it, withdraw it or recall it across the EU (article 79).
The registration rule has a second check built in. Distributors must not sell a battery until they have checked that its producer is registered in that country (article 42(2)), so a missing registration can stop sales before any authority acts.
Where Repax fits next to the Battery Regulation
The product rules are the manufacturer's work. The EPR part is a separate track, with a registration in each country, collection paid on your own or through a PRO, regular reports and, for sellers abroad, an authorised representative, as the guide to EPR registration in Europe explains.
The same products usually carry packaging, and often electronics, with their own EPR duties in the same countries. Our comparison of Battery Regulation compliance software shows which tools cover which part.
Do you also need EPR registrations in the EU? Repax Comply runs your EPR registrations market by market, with an authorised representative where one is required. Explore ComplyRepax does not test batteries, draw up technical documentation, sign declarations of conformity or run a due diligence policy. Those stay with the manufacturer.
Frequently asked questions about the EU Battery Regulation
Below are the eight questions sellers ask most often about the EU Battery Regulation.
What is the EU Battery Regulation?
It is Regulation (EU) 2023/1542, the EU law on batteries and waste batteries. It sets rules for substances, performance, labelling and conformity before a battery is sold, and makes producers register and pay for collecting waste batteries in each EU country.
When does the new battery label become mandatory?
Not on a fixed date. Article 13 starts the label 18 months after the Commission's label rules come into force, or on 18 August 2026 if that is later. In October 2026 those rules were still a draft, so the label is not required yet.
Does the Battery Regulation apply to products with a built-in battery?
Yes. It covers batteries built into or supplied with products, such as phones, power tools and e-bikes. The company that first supplies those products in a country registers there as a battery producer, and portable batteries must be user-replaceable from February 2027.
Does the Battery Regulation apply to companies outside the EU?
Yes, whenever their batteries are sold in the EU. The manufacturer's duties apply wherever it is based, an EU company must answer for the battery, and a seller shipping straight to EU end users needs an authorised representative for EPR in each country.
Which batteries need a battery passport?
From 18 February 2027, every LMT battery, electric vehicle battery and industrial battery over 2 kWh needs a battery passport. It is a digital record reached through the QR code, kept up to date by the company placing the battery on the market.
Has the EU Battery Regulation been delayed?
One part has. Regulation (EU) 2025/1561 moved due diligence from August 2025 to 18 August 2027. The new label also starts later than 18 August 2026, because the Commission's label rules it depends on were still a draft in October 2026.
Does the Battery Regulation apply to small companies?
Mostly, yes. The product, labelling and EPR rules apply to every company, whatever its size. Only due diligence has a threshold: it leaves out companies with a net turnover under 40 million euros that are not part of a larger group.
What changes for batteries in February 2027?
Three duties start on 18 February 2027. Every battery needs a QR code, LMT, electric vehicle and large industrial batteries need a battery passport, and products with portable batteries must let the user remove and replace them with ordinary tools.
