In its work programme for 2020, the Commission announced its intention to revise the EU Batteries Directive, with the aim to better factor in circularity, improve sustainability and keep pace with technological developments.

On 10 December 2020, the Commission presented a proposal for a regulation concerning batteries and waste batteries, repealing the existing Directive 2006/66/EC. The proposal has three objectives: strengthening the functioning of the internal market (including products, processes, waste batteries and recyclates), by ensuring a level playing field through a common set of rules; promoting a circular economy; and reducing environmental and social impacts throughout all stages of the battery life cycle.

The proposed Regulation would establish mandatory requirements for all batteries placed on the EU market (i.e. portable batteries, automotive batteries, electric vehicle batteries and industrial batteries). Those requirements relate to sustainability and safety (including restrictions on the use of hazardous substances, in particular mercury and cadmium; carbon footprint rules; mandatory recycled content targets for cobalt, lead, lithium and nickel; performance and durability parameters; removability and replaceability of portable batteries; safety of stationary battery energy storage systems) as well as to labelling and information. The proposal further includes requirements for the end-of-life management of batteries. It sets for instance new collection targets for waste portable batteries (65 % in 2025 and 70 % in 2030), and establishes requirements to facilitate the repurposing of industrial and electric-vehicle batteries as stationary energy storage batteries. It also defines obligations of economic operators linked to product requirements and due diligence schemes; and foresees the set up of an electronic exchange system for battery information, with the creation of a 'Battery Passport'. The proposal also contains provisions on mandatory green public procurement, on conformity assessment, notification of conformity assessment bodies, market surveillance and economic instruments.

In Parliament, following the Conference of Presidents' decision of 29 April 2021, the committee responsible is the Committee on the Environment, Public Health and Food Safety (ENVI) (rapporteur: Simona Bonafè, S&D, Italy). The Committees on the Internal Market and Consumer Protection (IMCO) and on Industry, Research and Energy (ITRE) are associated Committees under rule 57 of the Rules of Procedure. ENVI Committee members held an exchange of views with the Commission on the proposed regulation on 15 June 2021. The ENVI Committee considered its rapporteur's draft report on 11 October 2021. 

The ENVI Committee adopted its report on 10 February 2022, raising the level of ambition of the Commission proposal. The report includes batteries for light means of transport (LMT), such as e-bikes and e-scooters, into the scope of the proposed regulation. It strengthens the proposed due diligence requirements, which should apply to any economic operator placing batteries on the EU market and cover the entire battery value chain. It requires that by 2024, portable batteries in appliances and LMT batteries be designed for easy and safe removal and replacement with basic and commonly available tools. The report sets higher collection targets for waste portable batteries; introduces minimum collection rates for LMT batteries; and raises the material recovery target for lithium. On 10 March 2022, Parliament's plenary adopted the report with 584 votes in favour, 67 against and 40 abstentions.

The Council adopted a general approach on the proposal at the Environment Council on 17 March 2022.

Interinstitutional negotiations started with a first trilogue on 20 April 2022. Two further trilogues took place on 30 June and 11 October 2022. Ms Bonafè, who left the European Parliament, was replaced with Mr Achille Variati on 14 November 2022.

The last trilogue on 9 December 2022 concluded with a provisional agreement. It was agreed that the regulation's scope will include batteries for light means of transport. Sustainability requirements will be introduced gradually from 2024, while provisions on extended producer responsibility will start applying in mid-2025. Minimum collection targets for waste portable batteries will be set at 63% by the end of 2027 and 73% by the end of 2030. Specific collection targets will be introduced for waste light means of transport batteries (51% by the end of 2028 and 61% by the end of 2031). The material recovery target for lithium will be set at 50% by the end of 2027, raising to 80% by the end of 2031. Three and a half years after the regulation's entry into force, portable batteries incorporated in appliances will have to be designed to be readily removable and replaceable by the end-user, while light means of transport batteries should be replaceable by an independent professional. The Commission will be required to assess, by the end of 2027, the feasibility and potential benefits of setting up deposit return systems for batteries, in particular for portable batteries of general use. The regulation establishes a general regulatory framework, which implies that certain technical aspects will require the adoption of secondary legislation (delegated and implementing acts) for it to be fully operational.

The provisional agreement was endorsed by Parliament's plenary on 14 June 2023, and by the Council on 10 July 2023. The final act was signed by the co-legislators on 12 July. It was published on 28 July in the EU Official Journal, and entered into force 20 days later, on 17 August.

The regulation will apply from 18 February 2024, except for some provisions. In particular, the regulation's chapter concerning the management of waste batteries will apply from 18 August 2025.

References

• Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC
• EP legislative observatory, Procedure file on Batteries and waste batteries, 2020/0353(COD)
• Regulation of the European Parliament and the Council concerning batteries and waste batteries - Provisional agreement resulting from interinstitutional negotiations
• European Commission, 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, COM(2020)798
• Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators
• Council, Proposal for a Regulation concerning batteries and waste batteries, progress report, ST 9052/1/21 REV 1
  
• Council, Proposal for a Regulation concerning batteries and waste batteries, progress report, ST 14568/21
  
• Council, General approach on the proposal for a regulation on batteries and waste batteries, ST 7103/1/22
• European Economic and Social Committee, Opinion, Sustainability requirements for batteries in the EU, CCMI/178

Further reading:

• European Parliament, EPRS, New EU regulatory framework for batteries: Setting sustainability requirements, Briefing, June 2023
• European Parliament, EPRS, Updating the EU regulatory framework for batteries, Initial Appraisal of a European Commission impact assessment, May 2021
• European Parliament, EPRS, Batteries Directive, Implementation Appraisal, October 2020

Author: Vivienne Halleux, Members' Research Service, legislative-train@europarl.europa.eu

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