The EU Battery Regulation (2023/1542) establishes product and waste-battery requirements across the battery lifecycle, with category-specific obligations and phased application.
Build a category-specific compliance plan
Battery categories are portable, SLI, LMT, electric-vehicle and industrial; industrial status is not defined simply by a 2 kWh minimum. Article 17 links assessment routes to the requirements being assessed, rather than a blanket portable-versus-EV rule. Article 7 carbon-footprint dates can depend on later delegated and implementing acts, so a headline date alone is insufficient. Article 11 removability and replaceability requirements apply from 18 February 2027 with scope rules and exceptions. Producer registration and extended producer responsibility depend on the legal producer role and market, not merely on who manufactured the cell. Build a requirement matrix by battery category and economic-operator role.
CE and separate phased obligations
CE marking and the battery passport have different application dates. Under Article 96(2)(c), Article 17 and Chapter VI of Regulation 2023/1542 apply from 18 August 2024, subject to the specific exception for Article 17(2). Do not postpone CE marking for portable batteries to February 2027. Other requirements have separate dates and dependencies on implementing or delegated acts; Regulation 2025/1561 postponed battery due-diligence obligations to 18 August 2027.
Passport scope and deadline
Battery Regulation 2023/1542 Article 77 requires a battery passport from 18 February 2027 for each LMT battery, each industrial battery with capacity greater than 2 kWh, and each electric-vehicle battery placed on the market or put into service. Article 13(6) links the passport through a QR code. This is distinct from phased carbon-footprint, labelling and other battery obligations; a battery exactly at 2 kWh does not meet the stated industrial threshold.
Practical checklist
- Identify the product, intended use, market and applicable legal scope.
- Record the exact legal provisions, dates and applicable standard editions, including restrictions.
- Select the permitted assessment route and document the evidence needed.
- Link risk assessment, tests, product versions and declarations in the technical documentation.
- Assign responsibility for changes, support and responses to authorities.
This checklist supports planning; the applicable legal requirements determine the final assessment.