On 10 December 2020, the European Commission published a proposal on a regulation to replace the Battery Directive 2006/66/EC.

Scope

1. This Regulation shall apply to all batteries, namely portable batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.

2. This Regulation shall not apply to batteries in:

1. Equipment connected with the protection of Member States' essential security interests, arms, munitions and war material, with the exclusion of products that are not intended for specifically military purposes; and
2. Equipment designed to be sent into space.

Here are the major requirements applicable to all batteries (or certain types of batteries where specified):

Restrictions of hazardous substances

Electrochemical performance and durability requirements

1. Portable batteries shall comply with the following electrochemical performance and durability parameters:

1. Battery capacity, electric charge which a battery can deliver under a specific set of conditions
2. Minimum average duration, minimum average time on discharge when used in specific applications, depending on the type of battery
3. Shelf life (delayed discharge performance), the relative decrease of the minimum average duration after a defined period of time and specific conditions
4. Endurance in cycles (for rechargeable batteries), the capacity of the battery after a pre-established number of charge and discharge cycles
5. Resistance to leakage, i.e. resistance to unplanned escape of electrolyte, gas or other material

2. The Commission shall establish the minimum values for the above parameters in a supplementary regulation.

Removability and replaceability

1. Unless technically not feasible, portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance.

2. Point 1 shall not apply where:

1. Continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety, performance, medical or data integrity reasons; or
2. The functioning of the battery is only possible when the battery is integrated into the structure of the appliance.

Labelling requirements

1. Batteries shall be marked with a label containing the following information (harmonised specifications shall be announced in separated provisions):

1. Manufacturer’s name, registered trade name or trademark
2. Battery type, batch or serial number of the battery or other element allowing its unequivocal identification
3. Battery model identifier
4. Date of manufacture
5. Date of placing on the market
6. Chemistry
7. Hazardous substances contained in the battery other than mercury, cadmium or lead
8. Critical raw materials contained in the battery
9. Capacity (for portable and automotive batteries only)
10. Minimum average duration when used in specific applications (for portable batteries only)

2. The labelling of crossed-out wheeled bin symbol and chemical symbols of hazardous metals remain the same as Directive 2006/66/EC.

3. Batteries shall additionally be marked with a QR code containing all the above mandatory information, Declaration of Conformity and end-of-life information of batteries.

4. Other than the battery label mentioned in Point 1, manufacturers and importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the battery, packaging or accompanying document as specified in the Regulation.

5. Each battery shall be accompanied by instructions and safety information.

Conformity assessment requirements

Conformity assessment of batteries shall be carried out by a notified body, following Part A of Annex VIII of the Regulation. Manufacturers shall fulfil the obligations of the following area:

1. Technical documentation
2. Manufacturing process and its monitoring to ensure compliance of the battery
3. Labelling of CE Mark followed by the identification number of the notified body
4. EU Declaration of Conformity according to Annex IX of the Regulation

Producer registration and extended producer responsibility

1. All producers shall be registered at the competent authority of the Member State where they make available on the market for the first time. “Producer” means any manufacturer, importer or distributor who supplies a battery for the first time for distribution or use, including when incorporated into appliances.

2. Producers shall have extended producer responsibility for batteries which are listed below. They may alternatively entrust an authorised producer responsibility organization to carry out the responsibility.

1. Organising separate collection of waste batteries and the subsequent transport, preparation for repurposing and remanufacturing, treatment and recycling of waste batteries
2. Reporting necessary information for each calendar year
3. Promoting the separate collection of waste batteries
4. Providing information including end-of-life information about batteries to end users and distributors as required under the Regulation

Note:

“Portable battery” means any battery that:

• Is sealed
• Weighs below 5 kg
• Is not designed for industrial purposes; and
• Is neither an electric vehicle battery nor an automotive battery.

About Intertek

Intertek is a leading Total Quality Assurance provider to industries worldwide. Our network of more than 1,000 laboratories and offices and more than 100 countries, delivers innovative and bespoke Assurance, Testing, Inspection and Certification solutions for our customers’ operations and supply chains. Intertek Total Quality Assurance expertise, delivered consistently with precision, pace and passion, enabling our customers to power ahead safely.

www.intertek.com.cn