EU Batteries Regulation Passes Final Vote

On 10 July 2023, the European Council voted to approve the Batteries Regulation text. This is the final legislative hurdle for the Batteries Regulation, which will now be translated, signed and published in the Official Journal of the European Union (OJEU) in the next few weeks. The regulation will enter into force 20 days after publication in the OJEU, with the clock beginning to run on a number of important transition periods from that date.

As a reminder, key new measures introduced by the Batteries Regulation include:

• Products containing portable batteries must be designed so the batteries can be readily removed and replaced by end users during the lifetime of the product. This requirement will apply to the batteries in most consumer electronic products, subject to a few, very narrow, exemptions. It will mean, for example:
  • End users must be able to remove batteries with commercially available tools (e.g., standard screwdrivers) or tools provided with the product.
  • The use of heat or solvents to remove and replace batteries will not be allowed, which means many existing battery designs that rely on adhesives will not be permitted.
• Batteries will need to be CE marked and comply with new labelling requirements, including a QR code linked to information online.
• Spare batteries must be available for purchase at a ‘reasonable and non-discriminatory price’ for five years after the last unit of a battery is placed on the market.
• The use of certain substances is banned, and portable batteries of general use (e.g., AA, AAA, etc.) will need to comply with electrochemical performance requirements.
• Businesses will need to implement new requirements for supply chain diligence, including having supply chain diligence policies audited by a notified body and making information available to consumers about their supply chains.

For more information, please refer to our previous blog post summarising the regulation text. If you would like to discuss the possible effects of these changes on your products, feel free to reach out to the Cooley team.