New Battery Regulations 2024

March 1, 2024
On 18 February 2024, the new European Battery Regulations became applicable, with staggered implementation dates for the provisions they contain (including waste management, producer registration, EPR, collection, distributors’ obligations, treatment, targets for recycling and recovery materials, and reporting obligations, that will apply after 18 August 2025). You can find a detailed summary of the Battery Regulations at Batteries – European Commission (europa.eu)

18th February was also the birthday of Alessandra Volta who is credited with the invention of the modern battery in 1801. Read more about this and the industry’s take on the New Regulations with this article for the European Portable Battery Association – International Battery Day: Celebrating the Birth of the Battery | EPBA Europe

The Department of Environment, Climate and Communications has a Steering Group to support the implementation of these Regulations in Ireland with Membership including WEEE Ireland, Local and Regional Authorities, PRL, EPA, industry and other interested stakeholders. They are welcoming engagement with the battery supply chain to ensure those views are understood and heard by the group. If you would like to get involved you can contact the DECC directly at PRI@DECC.gov.ie or contact elizabeth@weeeireland.ie for more information.

For queries on battery collections, battery boxes and containers, recycling and more please contact our Battery Operations team operations@weeeireland.ie or complete the information forms at https://www.weeeireland.ie/retailers/collections-deliveries/commercial-collections/

 

Sustainable Life Cycle of Batteries 

Battery Consumption 

Batteries are considered an essential source of energy and key elements in the EU’s climate neutrality goal in 2050. Because of that, a transformation of the battery market has been driven by the increase in high-powered batteries and Electric Vehicle (EV) Batteries.1 Likewise, the European Battery Alliance forecasts that the battery market will have an estimated annual value of up to €250 billion by 2025.2

However, experts have highlighted that the lithium battery market is becoming ‘overheated’ as producers are at the limit of their capacity to meet consumer demand due to an unexpected undersupply of raw materials (the EV industry is forecasted to account for 90% of the global battery demand by 2030).3

1,2,3See Roland Berger at Battery Monitor 2022: An overview of the battery market | Roland Berger] 

As a result, the EU adopted the Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (hereinafter “EU Battery Regulations”) in order to:

  • Foster the production of sustainable high-quality batteries in the EU’s internal market.
  • Strengthens sustainability rules for batteries and waste batteries. The regulation will regulate the entire life cycle of batteries – from production to reuse and recycling – and ensure that they are safe, sustainable and competitive.
  • Reduce the EU’s dependence on imports of strategic raw materials.

 

The New Regulations

The Battery Regulations entered into force on 18 August 2023, and shall start to apply from 18 February 2024, with staggered implementation dates for the provisions it contains (including waste management, producer registration, EPR, collection, distributors’ obligations, treatment, targets for recycling and recovery materials, and reporting obligations, that will apply after 18 August 2025).

As a starting point it introduces new battery categories, going from 3 to 5:

  1. Portable (below or equal to 5kg),
  2. Industrial (for industrial uses),
  3. LMT- Light means of Transport (e.g., e-bikes, e-moped, & e-scooters)
  4. EV -Electric Vehicle,
  5. SLI- Start Light Ignition Battery (supply electric power for starting, lighting or ignition)

Likewise, it promotes a circular economy by regulating batteries throughout their life cycle by establishing end-of-life requirements, including collection and recovery targets and obligations.

It must be highlighted that different from the Directive, the Regulations apply automatically and uniformly to all EU countries without needing to be transposed into national law, and are therefore binding.

Producers and Economic Operators 

The New Regulations distinguish between Producers and Economic Operators. In general terms, a producer will be any person that:

  • Manufacture and sell batteries under your own brand name
  • Re-sell under their own brand name, batteries that are manufactured or imported by other suppliers
  • Import batteries, on a professional basis for placement on the market.
  • Sells batteries by means of distance sells into Ireland, notwithstanding they are established in another country.

On the other hand, an economic operator means the manufacturer, the authorised representative, the importer, the distributor or the fulfilment service provider or any other natural or legal person who is subject to obligations about the manufacture, preparation for re-use, preparation for repurposing, repurposing or remanufacturing of batteries, the making available or the placing of batteries on the market, including online.

Authorised Representative

Similar to the WEEE legal framework, the New Regulations allow authorised representatives for Battery Producers, which in general terms will –after 18 August 2025- fulfil the obligations of a producer established in other EU country that places batteries on the Irish market.

Collection  

Stricter waste collection targets: for portable batteries – 45% by 2023, 63% by 2027 and 73% by 2030; for LMT batteries – 51% by 2028 and 61% by 2031 are established.

Recovery from Waste Batteries

The regulation sets a target for lithium recovery from waste batteries of 50% by the end of 2027 and 80% by the end of 2031, which can be amended through delegated acts depending on market and technological developments and the availability of lithium

Retailer Obligations

From August 2025, Retailers will continue to offer free battery takeback and:

  1. Without imposing an obligation on the end-user to buy;
  2. Limited to the categories of waste batteries which the distributor offers.
  3. Not applicable to waste products containing batteries.
  4. For waste portable batteries, to the quantity that non-professional end-users usually discard

 

Battery Content

Removability and Replaceability of Portable and LMT  

From 18 February 2027, batteries incorporated in EEE products shall be removable and replaceable by the end-user at any time during its lifetime.

Products such as appliances (that are intended to be washable and rinseable) and professional medical imaging and radiotherapy devices may be designed in such a way as to make the battery removable and replaceable only by independent professionals.

Further products exempted from the removability and replaceability requirements will be detailed in delegated acts.

Recycled Content 

Provides for mandatory minimum levels of recycled content for industrial (greater than 2kWh), SLI batteries and EV batteries.

These are initially set by 18 August 2031 at 16% for cobalt, 85% for lead, 6% for lithium and 6% for nickel. Nonetheless, Batteries will have to hold recycled content documentation –initially from 18 August 2028. 

The recycling efficiency target for nickel-cadmium batteries is set at 80% and 50% for other waste batteries, all by the end of 2025.

 

Battery Passport, Labelling and Carbon Footprint

Provides from 18 February 2027, the introduction of an electronic ‘battery passport’ and QR codes for LMT, industrial batteries with a capacity above 2 kWh and each EV battery. The battery passport must provide information on the performance, battery manufacturer, durability, chemical composition, and carbon footprint.

Labelling Information 

Also introduces labelling and information requirements such as manufacturing date, place, weight and hazardous substances.

Carbon Footprint

Manufacturers must provide a ‘carbon footprint declaration’ for EV batteries (18 February 2025), rechargeable industrial batteries with capacity greater than 2kWh (18 February 2026), and ‘light means of transport’ batteries (18 February 2028).

 

Due Diligence, GPP and Visible Fee 

Due Diligence Requirements 

The Regulation mandates that all economic operators (with a turnover higher than €40million) who place or bring batteries into service on the EU market must carry out due diligence to ensure materials –including raw materials- used in their production are sourced and processed responsibly.

Likewise, economic operators must incorporate this due diligence policy into contracts and agreements with suppliers and must implement mitigating measures to address any adverse effects on the environment which emanate from their supply chain.

Green Procurement 

Establishes an award criterion –to be issued later through a Delegated act- for all kinds of batteries (and/or EEE products with integrated batteries) that will have to be included in procurement procedures.

Visible Fee 

Includes the possibility to establish visible fees for collection and treatment of all kinds of batteries, which when determined, must be shown to end users at the point of sale.

Delegated Acts 

Delegated acts are legally binding acts that enable the Commission to supplement or amend non‑essential parts of EU legislation, in this case, the Battery Regulations. On such terms, several delegated acts are contemplated to be issued by the Commission later on:

  • Restrictions on substances (Article 6).
  • Carbon footprint declaration (Article 7).
  • Documentation containing information about the percentage share of cobalt, lithium or nickel (Article 8).
  • Minimum values for the electrochemical performance and durability parameters (Article 9).
  • Design (Article 11).
  • Safety of stationary battery energy storage systems (Article 12).
  • Labelling and marking of batteries (Article 13).
  • Information on the state of health and expected lifetime of batteries (Article 14).
  • Battery due diligence policies (Article 48).
  • Recognition of due diligence schemes (Article 53).
  • Collection of waste batteries.  (Articles 59 and 60).
  • Treatment (Article 70).
  • Targets for recycling efficiency and recovery of materials (Article 71).
  • Shipment of waste batteries (Article 72).
  • Battery Passport (Article 77).

 

How is WEEE Ireland adapting to the NEW Battery Regulations? 

The new EU battery regulations are expected to be introduced in early 2024. The new targets for battery takeback are challenging and will require increased participation in battery recycling across all sectors.

The WEEE Ireland Waste Portable Battery Takeback Programme is available not only to retailers and schools, but also to offices and places of work, depots and logistic hubs, state and semi state bodies, emergency services, and the construction and leisure sectors in our designated collection area.

Please contact operations@weeeireland.ie for further information.

All stakeholders in the supply chain are encouraged to engage directly with our operations team to provide solutions and increase collection volumes to help meet the new targets.

As indicated before, the new regulations will increase recycling and recovery rates for end processes, pushing producers and recyclers to consider best practice and techniques to maximise extraction of critical materials such as Lithium and Cobalt. WEEE Ireland is in consultation with various European outlets to secure processing volumes and recovery rates to meet our members’ obligations.

We expect to directly process 100 Tonnes of lithium batteries for recycling in 2023 and more in 2024. There are significant challenges surrounding Lithium batteries, from the health and safety concerns regarding safe storage and recycling to the logistics and packaging requirements for moving these volumes safely.

To address some of these challenges, WEEE Ireland is supporting a lithium battery safety workshops in partnership with KMK Metals Recycling. With wide stakeholder representation, including IWMA, CIF, HSA, Emergency Services and Local Authorities, they are designed to raise awareness regarding the safe storage, charging and recycling of Lithium batteries throughout all sectors of the Irish industry. By working with the relevant authorities, such as the emergency services and the Health & Safety Authority, it is our goal to improve lithium battery safety awareness.

For more information on battery recycling developments, contact our Head of Battery Operations, Conor Leonard, at Conor@weeeireland.ie

 

WEEE Ireland Working Groups 

Eucobat PWG Taskforce Working Group 

WEEE Ireland is working along with EUCOBAT and other Battery European Producer Responsibility Organisations utilising our combined experience and expertise to deliver best practice solutions to EPR under the Existing and New Battery Regulations.

We congratulate Eric Ruyters who spoke at our WEEE Ireland conference in October has recently been appointed as Secretary General of EUCOBAT.

Key Positions of EUCOBAT in Battery Regulations Implementation include:

  • Economic Operator Responsibilities: EUCOBAT welcomes the retained definition of producers in the Regulation, which brings clarity to the responsibilities of economic operators within the battery industry. Moreover, the balance of a regulatory text based on a dual legal basis will guarantee an appropriate implementation of the principle of extended producer responsibility.
  • Ambitious Collection Goals: The establishment of ambitious collection targets for waste portable batteries and LMT batteries is crucial for achieving raw material circularity and reducing European dependencies on third countries amid growing global demand. EUCOBAT Members are committed to achieving these goals; nevertheless, targets must be realistic and feasible.
  • Adaptive Market Measures: The Regulation takes market developments and technological advancements, such as longer lifespans of LMT and portable batteries, into account, by empowering the European Commission (EC) to amend the methodology to calculate the collection rate of waste batteries based on the volumes available for collection. EUCOBAT stands ready to support the EC for the development of the methodology for a successful implementation of the Regulation.
Batteries Working Group – DECC 

WEEE Ireland is actively representing all Members on the national Batteries Working Group, set up by the Department of Environment, Climate and Communication to engage with stakeholders on the implementation of these new sustainability rules for the battery industry (e.g., scope of portable batteries definition-when does 5kg threshold begin?-, changes needed to the current producer, retailer registration programme, etc.).

Discussion through the working group is underway on changes needed to the national system to adapt to the requirements of the New Regulations. In Ireland reporting of Batteries supplied in the marketplace is already carried out by Producers (Manufacturers and Importers) each month to the Producer Register Blackbox. We understand changes to Battery categories for Blackbox reporting are likely to be implemented on 1st January 2025

WEEE Ireland Battery Steering Committee 

We will continue to keep our Members informed on the impacts and timelines of relevance to them. We welcome any Members with specific interest in Battery and Battery containing Products onto our own Battery Steering Committee which supports the Board of Directors and Senior Leadership team on decision making in this area – contact info@weeeireland.ie for more information and to get involved.

ECOSWEEE

WEEE Ireland is proud to announce we will be partaking in two pilots as part of the LIFE project – Enhancing Collection of Small W/EEE and batteries (LIFE-ECOSWEEE). Funded by the EU’s LIFE programme, the project commenced on 1st April 2023 and will test, through practical pilots, several methods and incentives to increase the collection rate of small WEEE and portable batteries. Through the implementation of two pilot projects, WI wants to explore how we can encourage consumers to engage more in small WEEE Takeback and how to support retailers in this regard.

More information about the ECOSWEEE-life project

The consortium includes: 

WEEE Ireland Pilots  

Pilot 1. To measure the potential and impact of recycling communications to consumers on Small WEEE takeback in retail stores

The pilot will target in-store communications around Category 5.2.2 EEE -small household appliances such as kettles, toasters and coffee machines.

We would like to thank DID and Expect for their cooperation in this pilot, and we hope to begin in-store campaigns in February 2024.

Pilot 2. Recycle for Good – To describe the impact of social incentives and emotional connections; charity donations for battery takeback in Ireland.

The Blue Battery Box with our Recycle for Good campaign supporting Laura Lynn Children’s Hospice Charity has been a cornerstone of our battery takeback, communications and recycling programme for the last 10+ years.

Every battery recycled by WEEE Ireland goes towards a donation fund to support the vital work provided by Laura Lynn. This has helped support Laura Lynn to deliver its specialised hospice and palliative care.

More information about our ongoing partnership with LauraLynn

ECOSWEEE’s latest newsletter

Filed Under:   Battery Recycling, General Recycling, WEEE Ireland