Where do the new regulations come from?
The source of the amendments is Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC on batteries and waste batteries. It is a legal act in direct force in all Member States of the European Union, which has replaced the previous Battery Directive.
Its main objectives are:
- reducing the negative impact of batteries and accumulators on the climate,
- increasing the levels of collection and recycling of used batteries and accumulators,
- reducing the demand for primary raw materials by increasing the share of secondary raw materials,
- improving security of supply by increasing transparency and control of the supply chain (ESPR — Ecodesign for Sustainable Products Regulation (Digital Product Passport),
- harmonising the rules on the functioning of the EU market.
In Poland, work is underway on a draft law defining the system of supervision and enforcement of the provisions of the regulation. At the same time, some of the implementing acts at Union level are still at the stage of preparation or consultation.
What are the new responsibilities?
The regulations introduce a comprehensive system of environmental and information requirements that covers the entire life cycle of batteries and accumulators. The most important responsibilities relate to 6 issues.
1. Declaring your carbon footprint
For rechargeable industrial batteries with a capacity of more than 2 kWh, LMT batteries and batteries for electric vehicles, manufacturers shall be obliged to:
- to carry out a product life cycle analysis (LCA),
- calculation of greenhouse gas emissions (CO₂, CH4, N2O, HCF, PFC, SF6, NF3)
- drawing up an environmental declaration and subjecting it to independent verification.
The declaration will have to include, among other things, identification data of the manufacturer, model and manufacturing plant, the result of carbon footprint calculations per unit of energy supplied by the battery, as well as a product life cycle analysis (LCA).
The above data will be made available as part of the battery digital passport.
2. Minimum content of recycled materials
In the coming years, minimum levels of the share of secondary raw materials in newly manufactured batteries, including lithium, nickel, cobalt and lead, will apply.
By 18 August 2026, the European Commission is expected to establish a detailed methodology and documentation format for the calculation and the required share of each raw material.
3. Durability and performance requirements
The batteries will have to meet certain technical parameters, such as:
- minimum number of charging cycles,
- resistance to degradation (maintenance of capacity and voltage during use and storage under specified conditions),
- capacity stability,
- resistance to leaks.
By 18 February 2026, the European Commission is to adopt a delegated act setting minimum values for electrochemical performance and durability parameters for industrial rechargeable batteries with a capacity of more than 2 kWh. The purpose of these requirements is to reduce the phenomenon of rapid wear of products.
4. Design for replacement and recycling
The new regulations introduce the principle of “design for removal”, according to which batteries in devices should be able to be replaced or dismantled without the need to destroy the entire product.
5. Digital passport of batteries and accumulators (ESPR)
Each battery and accumulator will have a QR code allowing access to information about:
- the origin of the raw materials,
- carbon footprint,
- durability (the number of charge and discharge cycles to a certain decrease in capacity),
- Possibilities of recycling.
6. Mandatory participation in the ROP system
Manufacturers and importers will be required to cooperate with producer responsibility organisations that implement the requirements related to the collection and processing of used batteries.
Our Product Carbon Footprint Assessment Services
We provide full support in calculating the carbon footprint of your product — from defining the boundaries of analysis to developing a detailed report.
Who are the new obligations and when will they apply?
The requirements will be introduced gradually and will focus primarily on producers and operators placing on the EU market, in particular:
- batteries for electric vehicles (EV),
- industrial rechargeable batteries with a capacity of more than 2 kWh,
- LMT battery for light means of transport, such as e-bikes or scooters.
Although the first obligations under the regulation came into force already in 2025, 2026 will be one of the key stages in the implementation of the new regulations.
From February 18, 2026, the requirement to draw up a carbon footprint declaration for industrial rechargeable batteries with a capacity of more than 2 kWh will come into force.
From August 18, 2026, new labelling requirements for batteries and accumulators will come into force. Labels will need to include, among other things, identification information, data on capacity, time of use and markings on the possibility of recharging. Transitional provisions resulting from Directive 2006/66/EC are currently in force, which regulate, inter alia, the basic labelling and marking requirements.
In parallel, carbon footprint classes for batteries used in electric vehicles are expected to come into force from August 2026, which will affect the comparability of products in the market. At the moment, however, no implementing acts have been published setting out the detailed criteria for the allocation of classes.
The European Commission is to adopt a number of implementing acts clarifying, among others, the calculation methodology, the verification documentation and the technical characteristics of the batteries. The exact date of their admission has not yet been determined.
Until they are published, companies must operate in conditions of partial regulatory uncertainty.
How do we help the business?
Preparation for new regulations does not have to be complicated, provided that the activities are properly planned and the support of experienced specialists is provided.
At VIVERNO we support companies in the following areas:
- analysis of obligations arising from regulations,
- preparation of the required documentation,
- calculation of the carbon footprint,
- the implementation of the digital passport of batteries and accumulators (ESPR),
- monitoring of legal changes.
This allows our clients to focus on business development while minimizing regulatory risks.
