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New EU Batteries Regulation

CCS inside · Blog

From 18 August 2024, importers of batteries into the European Union will be subject to far-reaching obligations. The new EU regulations are intended to make the entire life cycle of a battery sustainable.

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 Para. 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.

3 – Sales bans and obligations to cooperate

According to Art. 41 Para. 2 sentence 2, an importer may not place the battery on the market if he has reason to believe that the battery does not comply with the legal manufacturing or labeling requirements. In this case, the importer is obliged to inform the producer and the market surveillance authorities and to provide precise information on non-compliance.

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 Para. 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 Para. 8).

How can CCS-Express support its customers with regard to the EU Battery Regulation?

CCS-Express supports importers of batteries in complying with the obligations set out in Article 41. We would be happy to advise you on this in a personal meeting!

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

info@ccs-express.de