DRAFT_New EU Batteries Regulation
CCS inside · Blog
Batteries are a key technology on the road to climate neutrality and an indispensable energy storage device for many applications. According to estimates by the EU Commission, global demand for batteries will increase 14-fold by 2030. The European Union could account for 17% of this demand. The new Battery Regulation was adopted by the European Parliament and the EU Council in 2023 and will enter into force on August 18, 2024. The regulation aims to address the environmental impact of the strong growth in demand for batteries and take a step towards a more circular economy.
Objectives of the EU Batteries Regulation 2023/1542
The new EU regulations aim to make the entire life cycle of a battery sustainable. This applies to material procurement, collection, recycling and reuse. All battery types are affected by the regulation.
The aim is to reduce the negative environmental impact of batteries and to ensure a safe and sustainable value chain for all batteries. The prescribed measures are intended to improve the environmental performance of batteries and all actors involved in the life cycle. In addition, the negative impact of the management of waste batteries on human health and the environment is to be reduced.
The obligations set out in the regulation apply not only to producers of batteries and their suppliers, but also to authorized representatives, importers, distributors and fulfillment service providers.
Obligations of importers from 18 August 2024
According to Art. 3 (1), an "importer" is a natural or legal person established in the Union who places a battery on the market from a third country.
1. Control obligations
According to Art. 41 Para. 2, importers of batteries must ensure before placing them on the market that
- the producer has drawn up the EU declaration of conformity and carried out the relevant conformity assessment procedure
- the battery bears the required CE marking
- the battery is accompanied by clear instructions and safety information in the language of the Member State in which it is sold
- the battery bears the required producer marking
- the battery bears a model identifier and a batch, serial or product number
2. Labeling requirements
In addition to the producer's label, the importer's data must also be affixed to the battery in accordance with Art. 41 Para. 3. The following information must be provided:
- Trade name or trade mark
- postal address
- Internet and e-mail address
If the information cannot be affixed directly to the battery, it must be provided in a document accompanying the battery. The information must be easily understandable and in the language of the Member State in which the battery is placed on the market.
5. Inspection, spot checks & recalls
If importers have reason to believe that the battery they have placed on the market does not comply with the above requirements, they must either take the appropriate measures to bring the battery into conformity. Or they must recall the battery and withdraw it from the market (Art. 41 Para. 6).
Importers are also required under Article 41(5) to carry out random checks on batteries placed on the market, to investigate complaints and to keep distributors informed of any recalls.
4. Storage obligations
Importers are obliged to ensure that the storage or transportation conditions do not affect the conformity of the battery as long as the battery is under their responsibility (Art. 41 para. 4).
5. Inspection, spot checks & recalls
If importers have reason to believe that the battery they have placed on the market does not comply with the above requirements, they must either take the appropriate measures to bring the battery into conformity. Or they must recall the battery and withdraw it from the market (Art. 41 Para. 6).
Importers are also required under Article 41(5) to carry out random checks on batteries placed on the market, to investigate complaints and to keep distributors informed of any recalls.
6. Documentation obligation
Importers must keep the EU declaration of conformity for the national authorities for ten years in accordance with Art. 41 Para. 7.
7. Duty to cooperate
If requested by a national surveillance authority, importers must provide all available information and documentation to demonstrate the conformity of the battery in electronic form and, if necessary, on paper (Art. 41 (8)).
What is CBAM?
The Carbon Border Adjustment Mechanism, CBAM, is a new regulation designed to help achieve the European Union's climate protection targets. The mechanism is intended to prevent industries with high CO2 emissions from relocating their production to non-EU countries where lower climate protection standards apply. The aim is to reduce global greenhouse gas emissions and create a level playing field.
How does CBAM work?
If products with high CO2 emissions are produced outside the EU, EU importers must buy CBAM certificates to compensate for the price difference. In the case of production in the EU, manufacturers must already purchase ETS certificates corresponding to the level of emissions generated.
Who is affected by CBAM?
CBAM affects EU importers of products whose production causes high CO2 emissions. These include, for example:
- iron and steel
- cement
- fertilizers
- aluminum
- hydrogen
- electricity
The CBAM Regulation will also cover certain upstream and downstream products. There are exemptions for imports from:
- Iceland
- Liechtenstein
- Norway
- Switzerland
When does CBAM take effect?
CBAM will be implemented in several phases.
- The transition phase started on October 1, 2023. During the transition phase, importers of the affected goods must fulfill reporting obligations, but it is not yet necessary to purchase CBAM certificates.
- From January 1, 2025, every importer or their representative must submit an application for approval as a CBAM applicant before importing CBAM goods.
- The pricing phase will begin on January 1, 2026. CBAM certificates must then also be purchased when importing CBAM goods into the EU.
What impact does CBAM have on importers?
In the final phase from January 1, 2026, EU importers of CBAM goods or their representatives will be required to register with national authorities and purchase CBAM allowances. The price of CBAM allowances will be calculated weekly based on the average auction price for EU ETS allowances, expressed in €/tonne of CO2 emitted.
Every year, EU importers must declare the emissions contained in their imported products and surrender the corresponding number of allowances. If the importer can prove that a CO2 levy has already been paid during the production of the goods, the corresponding amount can be deducted.
How can CCS-Express support its customers with CBAM?
As an indirect representative for EU imports, we take care of the registration of CBAM goods, the processing of CBAM certificate purchases and all reporting obligations.
The responsible authorities have yet to provide more detailed information on implementation in Germany.
Would you like to prepare for the introduction of the EU Battery Regulation? We would be happy to advise you.
CCS-Express GmbH (MUC)
Lilienthalstrasse 8
D-85399 Hallbergmoos
Germany