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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 (Text with EEA relevance)

Type Regulation

Publication 2023-07-28

Last updated 2026-08-13

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 96

Reform history JSON API

CHAPTER I General provisions

Article 1

Subject matter and scope

This Regulation lays down requirements on sustainability, safety, labelling, marking and information to allow the placing on the market or putting into service of batteries within the Union. It also lays down minimum requirements for extended producer responsibility, the collection and treatment of waste batteries and for reporting.

This Regulation imposes battery due diligence obligations on economic operators placing batteries on the market or putting them into service. It also lays down requirements for green public procurement when procuring batteries or products into which batteries are incorporated.

This Regulation applies to all categories of batteries, namely portable batteries, starting, lighting and ignition batteries (SLI batteries), light means of transport batteries (LMT batteries), electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose. It shall also apply to batteries that are incorporated into or added to products or that are specifically designed to be incorporated into or added to products.

For the purposes of Chapter II, where batteries placed on the market can be considered to fall under more than one category, they shall be deemed to fall under the category to which the strictest requirements apply.

In cases where battery cells or battery modules are made available on the market for end use, without any further incorporation or assembly into larger battery packs or batteries, they shall be considered to have been placed on the market as batteries for the purposes of this Regulation, and the requirements for the most similar battery category shall apply. In cases where it can be considered that such battery cells or battery modules fall under more than one battery category, they shall be deemed to fall under the category to which the strictest requirements apply.

This Regulation does not apply to batteries that are incorporated into or that are specifically designed to be incorporated into:

(a) 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

(b) equipment designed to be sent into space.

Chapters III and IX of this Regulation do not apply to equipment specifically designed for the safety of nuclear installations, as defined in Article 3 of Council Directive 2009/71/Euratom ([^E0001]).

Article 2

Objectives

The objectives of this Regulation are to contribute to the efficient functioning of the internal market, while preventing and reducing the adverse impacts of batteries on the environment, and to protect the environment and human health by preventing and reducing the adverse impacts of the generation and management of waste batteries.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘battery’ means any device delivering electrical energy generated by direct conversion of chemical energy, having internal or external storage, and consisting of one or more non-rechargeable or rechargeable battery cells, modules or of packs of them, and includes a battery that has been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing;

(2) ‘battery pack’ means any set of battery cells or modules that are connected together or encapsulated within an outer casing, to form a complete unit which is not meant to be split up or opened by the end-user;

(3) ‘battery module’ means any set of battery cells that are connected together or encapsulated within an outer casing to protect the cells against external impact, and which is meant to be used either alone or in combination with other modules;

(4) ‘battery cell’ means the basic functional unit in a battery, composed of electrodes, electrolyte, container, terminals and, if applicable, separators, and containing the active materials the reaction of which generates electrical energy;

(5) ‘active material’ means a material which reacts chemically to produce electric energy when the battery cell discharges or to store electric energy when the battery is being charged;

(6) ‘non-rechargeable battery’ means a battery that is not designed to be electrically recharged;

(7) ‘rechargeable battery’ means a battery that is designed to be electrically recharged;

(8) ‘battery with external storage’ means a battery that is specifically designed to have its energy stored exclusively in one or more attached external devices;

(9) ‘portable battery’ means a battery that is sealed, weighs 5 kg or less, is not designed specifically for industrial use and is neither an electric vehicle battery, an LMT battery, nor an SLI battery;

(10) ‘portable battery of general use’ means a portable battery, whether or not rechargeable, that is specifically designed to be interoperable and that has one of the following common formats 4,5 Volts (3R12), button cell, D, C, AA, AAA, AAAA, A23, 9 Volts (PP3);

(11) ‘light means of transport battery’ or ‘LMT battery’ means a battery that is sealed, weighs 25 kg or less and is specifically designed to provide electric power for the traction of wheeled vehicles that can be powered by an electric motor alone or by a combination of motor and human power, including type-approved vehicles of category L within the meaning of Regulation (EU) No 168/2013 of the European Parliament and of the Council ([^E0002]), and that is not an electric vehicle battery;

(12) ‘starting, lighting and ignition battery’ or ‘SLI battery’ means a battery that is specifically designed to supply electric power for starting, lighting, or ignition and that can also be used for auxiliary or backup purposes in vehicles, other means of transport or machinery;

(13) ‘industrial battery’ means a battery that is specifically designed for industrial uses, intended for industrial uses after having been subject to preparation for repurposing or repurposing, or any other battery that weighs more than 5 kg and that is neither an electric vehicle battery, an LMT battery, nor an SLI battery;

(14) ‘electric vehicle battery’ means a battery that is specifically designed to provide electric power for traction in hybrid or electric vehicles of category L as provided for in Regulation (EU) No 168/2013, that weighs more than 25 kg, or a battery that is specifically designed to provide electric power for traction in hybrid or electric vehicles of categories M, N or O as provided for in Regulation (EU) 2018/858;

(15) ‘stationary battery energy storage system’ means an industrial battery with internal storage that is specifically designed to store from and deliver electric energy to the grid or store for and deliver electric energy to end-users, regardless of where and by whom the battery is being used;

(16) ‘placing on the market’ means the first making available of a battery on the Union market;

(17) ‘making available on the market’ means any supply of a battery for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(18) ‘putting into service’ means the first use, for its intended purpose, in the Union, of a battery, without having been previously placed on the market;

(19) ‘battery model’ means a version of a battery all units of which share the same technical characteristics relevant for the requirements of this Regulation on sustainability, safety, labelling, marking and information, and the same model identifier;

(20) ‘battery presenting a risk’ means a battery which has the potential to have adverse effects on human health or the safety of persons, on property or the environment to a degree which goes beyond that considered reasonable and acceptable in relation to the battery’s intended purpose or under the normal or reasonably foreseeable conditions of use of the battery concerned, including the duration of use, and, where applicable, to its putting into service, installation and maintenance requirements;

(21) ‘carbon footprint’ means the sum of greenhouse gas emissions and greenhouse gas removals in a product system, expressed as carbon dioxide equivalents and based on a Product Environmental Footprint (PEF) study using the single impact category of climate change;

(22) ‘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 in relation to 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, or the putting of batteries into service in accordance with this Regulation;

(23) ‘independent operator’ means a natural or legal person who is independent from the manufacturer and the producer and is directly or indirectly involved in the repair, maintenance or repurposing of batteries, and includes waste management operators, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative-fuel vehicles;

(24) ‘QR code’ means a machine-readable matrix code that links to information as required by this Regulation;

(25) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of a battery in order to ensure the battery’s safety, performance and service life, manages and stores the data for the parameters for determining the battery’s state of health and expected lifetime set out in Annex VII and communicates with the vehicle, light means of transport or appliance in which the battery is incorporated, or with a public or private charging infrastructure;

(26) ‘appliance’ means any electrical or electronic equipment, as defined in Article 3(1), point (a), of Directive 2012/19/EU, which is fully or partly powered by a battery or is capable of being so;

(27) ‘state of charge’ means the available energy in a battery expressed as a percentage of its rated capacity as declared by the manufacturer;

(28) ‘state of health’ means a measure of the general condition of a rechargeable battery and its ability to deliver the specified performance compared with its initial condition;

(29) ‘preparation for re-use’ means preparing for re-use as defined in Article 3, point (16), of Directive 2008/98/EC;

(30) ‘preparation for repurposing’ means any operation, by which a waste battery, or parts thereof, is prepared so that it can be used for a different purpose or application than that for which it was originally designed;

(31) ‘repurposing’ means any operation that results in a battery, that is not a waste battery, or parts thereof being used for a purpose or application other than that for which the battery was originally designed;

(32) ‘remanufacturing’ means any technical operation on a used battery that includes the disassembly and evaluation of all its battery cells and modules and the use of a certain number of battery cells and modules that are new, used or recovered from waste, or other battery components, to restore the battery capacity to at least 90 % of the original rated capacity, and where the state of health of all individual battery cells does not differ more than 3 % between cells, and results in the battery being used for the same purpose or application as the one for which the battery was originally designed;

(33) ‘manufacturer’ means any natural or legal person who manufactures a battery or has a battery designed or manufactured, and markets that battery under its own name or trademark or puts it into service for its own purposes;

(34) ‘technical specifications’ means a document that prescribes technical requirements to be fulfilled by a product, process or service;

(35) ‘harmonised standard’ means a standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012;

(36) ‘CE marking’ means a marking by which a manufacturer indicates that the battery is in conformity with the applicable requirements laid down in Union harmonisation legislation providing for its affixing;

(37) ‘accreditation’ means accreditation as defined in Article 2, point (10), of Regulation (EC) No 765/2008;

(38) ‘national accreditation body’ means a national accreditation body as defined in Article 2, point (11), of Regulation (EC) No 765/2008;

(39) ‘conformity assessment’ means the process demonstrating whether the sustainability, safety, labelling, information and due diligence requirements of this Regulation have been fulfilled;

(40) ‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

(41) ‘notified body’ means a conformity assessment body that has been notified in accordance with Chapter V;

(42) ‘battery due diligence’ means the obligations of an economic operator in relation to its management system, risk management, third-party verifications and surveillance by notified bodies and disclosure of information, for the purpose of identifying, preventing and addressing actual and potential social and environmental risks linked to the sourcing, processing and trading of the raw materials and secondary raw materials required for battery manufacturing, including by suppliers in the chain and their subsidiaries or subcontractors;

(43) ‘subsidiary’ means a legal person through which the activity of a controlled undertaking within the meaning of Article 2(1), point (f), of Directive 2004/109/EC of the European Parliament and of the Council ([^E0003]) is exercised;

(44) ‘parent company’ means a company which controls one or more subsidiaries;

(45) ‘conflict-affected and high-risk areas’ means conflict-affected and high-risk areas as defined in Article 2, point (f), of Regulation (EU) 2017/821;

(46) ‘distance contracts’ means distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU;

(47) ‘producer’ means any manufacturer, importer or distributor or other natural or legal person that, irrespective of the selling technique used, including by means of distance contracts, either:
(a) is established in a Member State and manufactures batteries under its own name or trademark, or has batteries designed or manufactured and supplies them for the first time under its own name or trademark, including those incorporated in appliances, light means of transport or other vehicles, within the territory of that Member State;
(b) is established in a Member State and resells within the territory of that Member State, under its own name or trademark, batteries, including those incorporated in appliances, light means of transport or other vehicles, manufactured by others, on which the name or trademark of those other manufacturers does not appear;
(c) is established in a Member State and supplies for the first time in that Member State on a professional basis, batteries, including those incorporated in appliances, light means of transport or other vehicles, from another Member State or from a third country; or
(d) sells batteries, including those incorporated in appliances, light means of transport or other vehicles, by means of distance contracts directly to end-users, whether or not they are private households, in a Member State, and is established in another Member State or in a third country;

(48) ‘authorised representative for extended producer responsibility’ means a natural or legal person established in a Member State in which the producer places batteries on the market and which is different from the Member State where the producer is established, and is appointed by the producer in accordance with Article 8a(5), third subparagraph, of Directive 2008/98/EC to fulfil the obligations of that producer under Chapter VIII of this Regulation;

(49) ‘producer responsibility organisation’ means a legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;

(50) ‘waste battery’ means any battery which is waste as defined in Article 3, point (1), of Directive 2008/98/EC;

(51) ‘battery manufacturing waste’ means the materials or objects rejected during the battery manufacturing process, which cannot be re-used as an integral part in the same process and need to be recycled;

(52) ‘hazardous substance’ means a substance classified as hazardous pursuant to Article 3 of Regulation (EC) No 1272/2008;

(53) ‘treatment’ means any operation carried out on waste batteries after they have been handed over to a facility for sorting, preparation for re-use, preparation for repurposing, preparation for recycling or for recycling;

(54) ‘preparation for recycling’ means the treatment of waste batteries prior to any recycling process, including, inter alia, the storage, handling and dismantling of battery packs or the separation of fractions that are not part of the battery itself;

(55) ‘voluntary collection point’ means any non-profit, commercial or other economic undertaking or public body involved on its own initiative in the separate collection of waste portable batteries and waste LMT batteries, generated by it or by other end-users, before handing those waste batteries over to producers, to producer responsibility organisations or to waste management operators for subsequent treatment;

(56) ‘waste management operator’ means any natural or legal person dealing on a professional basis with the separate collection or treatment of waste batteries;

(57) ‘permitted facility’ means an establishment or undertaking that is permitted in accordance with Directive 2008/98/EC to carry out the treatment of waste batteries;

(58) ‘recycler’ means any natural or legal person who carries out recycling in a permitted facility;

(59) ‘lifetime of a battery’ means the period that starts when the battery is manufactured and ends when the battery becomes waste;

(60) ‘recycling efficiency’ means the ratio, expressed as a percentage, obtained by dividing the mass of output fractions accounting for recycling by the mass of the waste batteries’ input fraction, in relation to a recycling process;

(61) ‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products;

(62) ‘national authority’ means an approval authority or any other authority involved in and responsible for market surveillance in a Member State in respect of batteries;

(63) ‘authorised representative’ means any natural or legal person established in the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks with regard to the manufacturer’s obligations under Chapters IV and VI;

(64) ‘importer’ means any natural or legal person established within the Union who places on the market a battery from a third country;

(65) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a battery available on the market;

(66) ‘unique identifier’ means a unique string of characters for the identification of batteries that also enables a web link to the battery passport;

(67) ‘online platform’ means an online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065;

(68) ‘market participant’ means a market participant as defined in Article 2, point (25), of Regulation (EU) 2019/943 of the European Parliament and of the Council ([^E0004]).

In addition to the definitions referred to in paragraph 1, the following definitions apply:

(a) ‘waste’, ‘waste holder’, ‘waste management’, ‘prevention’, ‘collection’, ‘separate collection’, ‘extended producer responsibility scheme’, ‘re-use’ and ‘recycling’, laid down in Article 3 of Directive 2008/98/EC;

(b) ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service provider’, ‘corrective action’, ‘end-user’, ‘recall’ and ‘withdrawal’, as well as ‘risk’ in relation to requirements of Chapters I, IV, VI, VII and IX of and Annexes V, VIII and XIII to this Regulation, laid down in Article 3 of Regulation (EU) 2019/1020;

Article 4

Free movement

Member States shall not, for reasons relating to the sustainability, safety, labelling and information requirements for batteries covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of batteries that comply with this Regulation.

At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of batteries which do not comply with this Regulation, provided that a visible sign clearly indicates that those batteries do not comply with this Regulation and that they cannot be made available on the market or put into service until they have been brought into conformity with this Regulation. During demonstrations of such batteries, the relevant economic operator shall take adequate measures to ensure the safety of persons.

Article 5

Sustainability, safety, labelling and information requirements for batteries

Batteries shall only be placed on the market or put into service if they meet the following requirements:

(a) the sustainability and safety requirements laid down in Articles 6 to 10 and 12; and

(b) the labelling and information requirements laid down in Chapter III.

For any aspects not covered by Chapters II and III, batteries placed on the market or put into service pursuant to paragraph 1 shall not present a risk to human health, to the safety of persons, to property or to the environment.

CHAPTER II Sustainability and safety requirements

Article 6

Restrictions on substances

In addition to the restrictions set out in Annex XVII to Regulation (EC) No 1907/2006 and in Article 4(2), point (a), of Directive 2000/53/EC, batteries shall not contain substances for which Annex I to this Regulation contains a restriction unless the conditions of that restriction are complied with.

In the event of an unacceptable risk to human health or the environment, arising from the use of a substance in the manufacture of batteries or from the presence of a substance in the batteries when they are placed on the market, or arising during their subsequent life cycle stages, including during repurposing or the treatment of waste batteries, that is not adequately controlled and needs to be addressed on a Union-wide basis, the Commission shall adopt a delegated act in accordance with Article 89 to amend the restrictions in Annex I, pursuant to the procedure laid down in Articles 86, 87 and 88.

Restrictions adopted pursuant to paragraph 2 of this Article shall not apply to the use of a substance in scientific research and development as defined in Article 3, point (23), of Regulation (EC) No 1907/2006, carried out in relation to batteries.

Where a restriction adopted pursuant to paragraph 2 of this Article does not apply to product and process orientated research and development, as defined in Article 3, point (22), of Regulation (EC) No 1907/2006, that exemption, as well as the maximum quantity of the substance exempted, shall be specified in Annex I to this Regulation.

By 31 December 2027, the Commission, assisted by the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’), shall prepare a report on substances of concern, namely substances having an adverse effect on human health or the environment or hampering recycling for safe and high quality secondary raw materials, present in batteries or used in their manufacture. The Commission shall submit that report to the European Parliament and to the Council detailing its findings and shall consider the appropriate follow-up measures including the adoption of delegated acts as referred to in paragraph 2 of this Article.

Article 7

Carbon footprint of electric vehicle batteries, rechargeable industrial batteries and LMT batteries

For electric vehicle batteries, rechargeable industrial batteries with a capacity greater than 2 kWh and LMT batteries a carbon footprint declaration shall be drawn up for each battery model per manufacturing plant, in accordance with the implementing act referred to in the fourth subparagraph and containing, at least, the following information:

(a) administrative information about the manufacturer;

(b) information about the battery model;

(d) the carbon footprint of the battery, calculated as kg of carbon dioxide equivalent per one kWh of the total energy provided by the battery over its expected service life;

(e) the carbon footprint of the battery differentiated according to life cycle stage as described in point 4 of Annex II;

(f) the identification number of the EU declaration of conformity of the battery;

(g) a web link giving access to a public version of the study supporting the carbon footprint values referred to in points (d) and (e).

The carbon footprint declaration shall apply from:

(a) 18 February 2025 or 12 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for electric vehicle batteries;

(b) 18 February 2026 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for rechargeable industrial batteries except those with exclusively external storage;

(c) 18 August 2028 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for LMT batteries;

(d) 18 August 2030 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for rechargeable industrial batteries with external storage.

Until it becomes accessible via the QR code referred to in Article 13(6), the carbon footprint declaration shall accompany the battery.

The Commission shall, by 18 February 2024 for electric vehicle batteries, 18 February 2025 for rechargeable industrial batteries, except those with external storage, 18 February 2027 for LMT batteries and 18 February 2029 for industrial batteries with external storage, adopt:

(a) a delegated act in accordance with Article 89 to supplement this Regulation by establishing the methodology for the calculation and verification of the carbon footprint of the battery referred to in the first subparagraph, point (d), in accordance with the essential elements set out in Annex II;

(b) an implementing act establishing the format for the carbon footprint declaration referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(3).

Electric vehicle batteries, rechargeable industrial batteries with a capacity greater than 2 kWh and LMT batteries shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint of the battery referred to in paragraph 1, first subparagraph, point (d) and declaring the carbon footprint performance class to which the relevant battery model per manufacturing plant corresponds.

For batteries referred to in the first subparagraph, the technical documentation referred to in Annex VIII shall demonstrate that the carbon footprint declared and the related classification into a carbon footprint performance class have been calculated in accordance with the methodology set out in the delegated acts adopted by the Commission pursuant to paragraph 1, fourth subparagraph, point (a) and the fourth subparagraph, point (a), of this paragraph.

The carbon footprint performance class requirements in the first subparagraph shall apply from:

(a) 18 August 2026 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for electric vehicle batteries;

(b) 18 August 2027 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for rechargeable industrial batteries except those with exclusively external storage;

(c) 18 February 2030 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for LMT batteries;

(d) 18 February 2032 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest, for rechargeable industrial batteries with external storage.

The Commission shall, by 18 February 2025 for electric vehicle batteries, 18 August 2026 for rechargeable industrial batteries except those with exclusively external storage, 18 August 2028 for LMT batteries and 18 August 2030 for rechargeable industrial batteries with external storage, adopt:

(a) a delegated act in accordance with Article 89 to supplement this Regulation by establishing the carbon footprint performance classes referred to in the first subparagraph. In preparing that delegated act, the Commission shall take into account the conditions set out in point 8 of Annex II;

(b) an implementing act establishing the formats for the labelling referred to in the first subparagraph and the format for the declaration on the carbon footprint performance class referred to in that subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(3).

The Commission shall, in accordance with the conditions set out in point 8 of Annex II, review the number of performance classes and the thresholds between them, every three years and, where appropriate, adopt delegated acts in accordance with Article 89 to amend the number of performance classes and thresholds between them with a view to keeping them representative of the market reality and expected developments in the market.

For electric vehicle batteries, rechargeable industrial batteries with a capacity greater than 2 kWh and LMT batteries, the technical documentation referred to in Annex VIII shall demonstrate that the declared life cycle carbon footprint value for the relevant battery model per manufacturing plant, is below the maximum threshold established in the delegated act adopted pursuant to the third subparagraph.

The requirement for a maximum life cycle carbon footprint threshold referred to in the first subparagraph shall apply as of:

(a) 18 February 2028 or 18 months after the date of entry into force of the delegated act referred to in the third subparagraph, whichever is the latest, for electric vehicle batteries;

(b) 18 February 2029 or 18 months after the date of entry into force of the delegated act referred to in the third subparagraph, whichever is the latest, for rechargeable industrial batteries except those with exclusively external storage;

(c) 18 August 2031 or 18 months after the date of entry into force of the delegated act referred to in the third subparagraph, whichever is the latest, for LMT batteries;

(d) 18 August 2033 or 18 months after the date of entry into force of the delegated act referred to in the third subparagraph, whichever is the latest, for rechargeable industrial batteries with external storage.

The Commission shall, by 18 August 2026 for electric vehicle batteries, 18 February 2028 for rechargeable industrial batteries, except those with external storage, 18 February 2030 for LMT batteries and 18 February 2032 for industrial batteries with external storage, adopt a delegated act in accordance with Article 89 to supplement this Regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. In preparing that delegated act, the Commission shall take into account the relevant conditions set out in point 9 of Annex II.

The introduction of a maximum life cycle carbon footprint threshold shall trigger, if necessary, a reclassification of the carbon footprint performance classes referred to in paragraph 2.

By 31 December 2030, the Commission shall assess the feasibility of extending the requirements in this Article to portable batteries, and the requirement laid down in paragraph 3 to rechargeable industrial batteries with a capacity of 2 kWh or less. To that end, the Commission shall submit a report to the European Parliament and the Council and consider taking the appropriate measures, including the adoption of legislative proposals.

Paragraphs 1, 2 and 3 shall not apply to a battery that has been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing, if the battery had already been placed on the market or put into service before undergoing such operations.

Article 8

Recycled content in industrial batteries, electric vehicle batteries, LMT batteries and SLI batteries

From 18 August 2028 or 24 months after the date of entry into force of the delegated act referred to in the third subparagraph, whichever is the latest, industrial batteries with a capacity greater than 2 kWh, except those with exclusively external storage, electric vehicle batteries and SLI batteries that contain cobalt, lead, lithium or nickel in active materials, shall be accompanied by documentation containing information about the percentage share of cobalt, lithium or nickel that is present in active materials and that has been recovered from battery manufacturing waste or post-consumer waste, and the percentage share of lead that is present in the battery and that has been recovered from waste, for each battery model per year and per manufacturing plant.

The first subparagraph shall apply from 18 August 2033 to LMT batteries that contain cobalt, lead, lithium or nickel in active materials.

By 18 August 2026, the Commission shall adopt a delegated act in accordance with Article 89 to supplement this Regulation by establishing, for the batteries referred to in the first and second subparagraphs, the methodology for the calculation and verification of the percentage share of cobalt, lithium or nickel that is present in active materials and that has been recovered from battery manufacturing waste or post-consumer waste, and the percentage share of lead that is present in the battery and that has been recovered from waste, and the format for the documentation.

From 18 August 2031, for industrial batteries with a capacity greater than 2 kWh, except those with exclusively external storage, electric vehicle batteries and SLI batteries that contain cobalt, lead, lithium or nickel in active materials, the technical documentation referred to in Annex VIII shall demonstrate that those batteries contain, in active materials, the following minimum percentage share of, respectively, cobalt, lithium or nickel that has been recovered from battery manufacturing waste or post-consumer waste, and the minimum percentage share of lead that is present in the battery and that has been recovered from waste, for each battery model per year and per manufacturing plant:

(a) 16 % cobalt;

(b) 85 % lead;

(d) 6 % nickel.

From 18 August 2036, for industrial batteries with a capacity greater than 2 kWh, except those with exclusively external storage, electric vehicle batteries, LMT batteries and SLI batteries that contain cobalt, lead, lithium or nickel in active materials, the technical documentation referred to in Annex VIII shall demonstrate that those batteries contain, in the active materials, the following minimum percentage share of, respectively, cobalt, lithium or nickel that has been recovered from battery manufacturing waste or post-consumer waste, and the minimum percentage share of lead that is present in the battery and that has been recovered from waste, for each battery model per year and per manufacturing plant:

(a) 26 % cobalt;

(b) 85 % lead;

(d) 15 % nickel.

Paragraphs 1, 2 and 3 shall not apply to batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing, if the batteries had already been placed on the market or put into service before undergoing such operations.

After the date of entry into force of the delegated act adopted under paragraph 1, and no later than 31 December 2028, the Commission shall assess whether, due to the existing availability, and the forecasted availability for 2030 and 2035, of cobalt, lead, lithium or nickel recovered from waste, or lack thereof, and in view of technical and scientific progress, it is appropriate to revise the targets laid down in paragraphs 2 and 3.

Where justified and appropriate on the basis of the assessment made under the first subparagraph or due to other considerable changes in battery technology impacting the type of materials recovered, the Commission shall adopt, by 18 August 2029, a delegated act in accordance with Article 89, to amend the targets laid down in paragraphs 2 and 3.

Where justified and appropriate due to market developments regarding battery chemistries impacting the type of materials that can be recovered, the Commission is empowered to adopt delegated acts in accordance with Article 89, to amend this Regulation by adding materials other than cobalt, lead, lithium and nickel, with specific minimum shares of recycled content per specific material in paragraphs 2 and 3 of this Article.

Article 9

Performance and durability requirements for portable batteries of general use

From 18 August 2028 or 24 months after the date of entry into force of the delegated act referred to in paragraph 2, whichever is the latest, portable batteries of general use, excluding button cells, shall meet the minimum values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted pursuant to paragraph 2.

By 18 August 2027, the Commission shall adopt a delegated act in accordance with Article 89 to supplement this Regulation by establishing mandatory minimum values for the electrochemical performance and durability parameters set out in Annex III for portable batteries of general use, excluding button cells.

The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend the minimum values referred to in the first subparagraph or add electrochemical performance and durability parameters to those set out in Annex III in view of technical and scientific progress.

In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use, including by means of increasing the resource efficiency thereof, and shall take into consideration relevant international standards and labelling schemes.

The Commission shall also ensure that the provisions laid down by the delegated act referred to in the first subparagraph do not have a significant adverse impact on the safety and functionality of those batteries or the appliances, light means of transport or other vehicles into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness.

By 31 December 2030, the Commission shall assess the feasibility of measures to phase out non-rechargeable portable batteries of general use with a view to minimising their environmental impact based on the life cycle assessment methodology and viable alternatives for end-users. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of legislative proposals for either the phase out or the setting of eco-design requirements.

Article 10

Performance and durability requirements for rechargeable industrial batteries, LMT batteries and electric vehicle batteries

From 18 August 2024, rechargeable industrial batteries with a capacity greater than 2 kWh, LMT batteries and electric vehicle batteries shall be accompanied by a document containing values for the electrochemical performance and durability parameters set out in Part A of Annex IV.

For batteries referred to in the first subparagraph, the technical documentation referred to in Annex VIII shall contain an explanation of the technical specifications, standards and conditions used to measure, calculate or estimate the values for the electrochemical performance and durability parameters. That explanation shall include, at least, the elements set out in Part B of Annex IV.

From either 18 August 2027 or 18 months after the date of entry into force of the delegated act referred to in the first subparagraph of paragraph 5, whichever is the latest, rechargeable industrial batteries with a capacity greater than 2 kWh, except those with exclusively external storage, shall meet the minimum values laid down in the delegated act adopted pursuant to the first subparagraph of paragraph 5 for the electrochemical performance and durability parameters set out in Part A of Annex IV.

From either 18 August 2028 or 18 months after the date of entry into force of the delegated act referred to in the second subparagraph of paragraph 5, whichever is the latest, LMT batteries shall meet the minimum values laid down in the delegated act adopted pursuant to the second subparagraph of paragraph 5 for the electrochemical performance and durability parameters set out in Part A of Annex IV.

Paragraphs 1, 2 and 3 shall not apply to a battery that has been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing, where the economic operator placing that battery on the market or putting it into service demonstrates that the battery, before undergoing such operations, has been placed on the market or put into service before the dates on which those obligations become applicable in accordance with those paragraphs.

By 18 February 2026, the Commission shall adopt a delegated act in accordance with Article 89 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters set out in Part A of Annex IV that rechargeable industrial batteries with a capacity greater than 2 kWh, except those with exclusively external storage, shall attain.

By 18 February 2027, the Commission shall adopt a delegated act in accordance with Article 89 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters set out in Part A of Annex IV that LMT batteries shall attain.

In preparing the delegated acts referred to in the first and second subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with a capacity greater than 2 kWh, except of those with exclusively external storage, and of LMT batteries, and ensure that the requirements laid down therein do not have a significant adverse impact on the functionality of those batteries or the appliances, light means of transport or other vehicles into which those batteries are incorporated, their affordability and industry’s competitiveness.

The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend the electrochemical performance and durability parameters set out in Annex IV in light of market developments and technical and scientific progress, including, in particular, related to technical specifications of the informal UNECE Working Group on Electric Vehicles and the Environment.

Article 11

Removability and replaceability of portable batteries and LMT batteries

Any natural or legal person that places on the market products incorporating portable batteries shall ensure that those batteries are readily removable and replaceable by the end-user at any time during the lifetime of the product. That obligation shall only apply to entire batteries and not to individual cells or other parts included in such batteries.

A portable battery shall be considered readily removable by the end-user where it can be removed from a product with the use of commercially available tools, without requiring the use of specialised tools, unless provided free of charge with the product, proprietary tools, thermal energy, or solvents to disassemble the product.

Any natural or legal person that places on the market products incorporating portable batteries shall ensure that those products are accompanied with instructions and safety information on the use, removal and replacement of the batteries. Those instructions and that safety information shall be made available permanently online, on a publicly available website, in an easily understandable way for end-users.

This paragraph shall be without prejudice to any specific provisions ensuring a higher level of protection of the environment and human health relating to the removability and replaceability of portable batteries by end-users laid down in any Union law on electrical and electronic equipment as defined in Article 3(1), point (a), of Directive 2012/19/EU.

By way of derogation from paragraph 1, the following products incorporating portable batteries may be designed in such a way as to make the battery removable and replaceable only by independent professionals:

(a) appliances specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion, and that are intended to be washable or rinseable;

(b) professional medical imaging and radiotherapy devices, as defined in Article 2, point (1), of Regulation (EU) 2017/745, and in vitro diagnostic medical devices, as defined in Article 2, point (2), of Regulation (EU) 2017/746.

The derogation set out in point (a) of this paragraph shall only be applicable where such derogation is required to ensure the safety of the user and the appliance.

The obligations laid down in paragraph 1 shall not apply where continuity of power supply is necessary and a permanent connection between the product and the respective portable battery is required to ensure the safety of the user and the appliance or, for products that collect and supply data as their main function, for data integrity reasons.

The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend paragraph 2 of this Article by adding further products to be exempted from the removability and replaceability requirements laid down in paragraph 1 of this Article. Such delegated acts shall be adopted only on account of market developments and technical and scientific progress, and provided that there are scientifically grounded concerns over the safety of end-users removing or replacing the portable battery, or in cases where there is a risk that the removal or the replacement of the battery by end-users would be in violation of any product safety requirements provided for by applicable Union law.

Any natural or legal person that places on the market products incorporating LMT batteries shall ensure that those batteries, as well as individual battery cells included in the battery pack, are readily removable and replaceable by an independent professional at any time during the lifetime of the product.

For the purposes of paragraphs 1 and 5, a portable battery or LMT battery shall be considered readily replaceable where, after its removal from an appliance or light means of transport, it can be substituted by another compatible battery without affecting the functioning, the performance or the safety of that appliance or light means of transport.

Any natural or legal person that places on the market products incorporating portable batteries or LMT batteries shall ensure that those batteries are available as spare parts of the equipment that they power for a minimum of five years after placing the last unit of the equipment model on the market, with a reasonable and non-discriminatory price for independent professionals and end-users.

Software shall not be used to impede the replacement of a portable battery or LMT battery, or of their key components, with another compatible battery or key components.

The Commission shall publish guidelines to facilitate the harmonised application of this Article.

Article 12

Safety of stationary battery energy storage systems

Stationary battery energy storage systems placed on the market or put into service shall be safe during their normal operation and use.

By 18 August 2024, the technical documentation referred to in Annex VIII shall:

(a) demonstrate that the stationary battery energy storage systems are compliant with paragraph 1 and include evidence that they have been successfully tested for the safety parameters set out in Annex V, for which state-of-the-art testing methodologies shall be used. The safety parameters shall only apply in so far as a corresponding hazard exists for the stationary battery energy storage system in question when it is used under the conditions envisaged by the manufacturer;

(b) include an assessment of possible safety hazards of the stationary battery energy storage system that are not addressed in Annex V;

(c) include evidence that the hazards referred to in point (b) have been successfully mitigated and tested; state-of-the-art testing methodologies shall be used for such testing;

(d) include mitigation instructions in case the identified hazards could occur, for example a fire or explosion.

The technical documentation shall be reviewed if a battery is prepared for re-use, prepared for repurposing, remanufactured or repurposed.

The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend the safety parameters set out in Annex V in view of technical and scientific progress.

CHAPTER III Labelling, marking and information requirements

Article 13

Labelling and marking of batteries

From 18 August 2026 or 18 months after the date of entry into force of the implementing act referred to in paragraph 10, whichever is the latest, batteries shall bear a label containing the general information on batteries set out in Part A of Annex VI.

From 18 August 2026 or 18 months after the date of entry into force of the implementing act referred to in paragraph 10, whichever is the latest, rechargeable portable batteries, LMT batteries and SLI batteries shall bear a label containing information on their capacity.

From 18 August 2026 or 18 months after the date of entry into force of the implementing act referred to in paragraph 10, whichever is the latest, non-rechargeable portable batteries shall bear a label containing information on their minimum average duration when used in specific applications and a label indicating ‘non-rechargeable’.

From 18 August 2025, all batteries shall be marked with the symbol for separate collection of batteries (‘separate collection symbol’) as shown in Part B of Annex VI.

The separate collection symbol shall cover at least 3 % of the area of the largest side of the battery up to a maximum size of 5 × 5 cm.

In the case of cylindrical battery cells, the separate collection symbol shall cover at least 1,5 % of the surface area of the battery and shall have a maximum size of 5 × 5 cm.

Where the size of the battery is such that the separate collection symbol would be smaller than 0,47 × 0,47 cm, the battery does not need to be marked with that symbol. Instead, a separate collection symbol measuring at least 1 × 1 cm shall be printed on the packaging.

All batteries containing more than 0,002 % cadmium or more than 0,004 % lead, shall be marked with the chemical symbol for the metal concerned: Cd or Pb.

The relevant chemical symbol indicating the heavy metal content shall be printed beneath the separate collection symbol and shall cover an area of at least one-quarter the size of that symbol.

From 18 February 2027, all batteries shall be marked with a QR code as described in Part C of Annex VI. The QR code shall provide access to the following:

(a) for LMT batteries, industrial batteries with a capacity greater than 2kWh and electric vehicles batteries, the battery passport in accordance with Article 77;

(b) for other batteries, the applicable information referred to in paragraphs 1 to 5 of this Article, the declaration of conformity referred to in Article 18, the report referred to in Article 52(3) and the information regarding the prevention and management of waste batteries laid down in Article 74(1), points (a) to (f);

(c) for SLI batteries, the amount of cobalt, lead, lithium or nickel recovered from waste and present in active materials in the battery, calculated in accordance with Article 8.

This information shall be complete, up-to-date and accurate.

The labels and the QR code referred to in paragraphs 1 to 6 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, the labels and the QR code shall be affixed to the packaging and to the documents accompanying the battery.

The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend this Regulation to provide for alternative types of smart labels for use instead of or in addition to the QR code, in view of technical and scientific progress.

Batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing shall bear new labels or shall be marked with markings in accordance with this Article, and containing information on their change of status in accordance with point 4 of Annex XIII, which shall be accessible through the QR code.

10.

The Commission shall, by 18 August 2025, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraphs 1, 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 90(3).

Article 14

Information on the state of health and expected lifetime of batteries

From 18 August 2024, up-to-date data for the parameters for determining the state of health and expected lifetime of batteries as set out in Annex VII shall be contained in the battery management system of stationary battery energy storage systems, LMT batteries and electric vehicle batteries.

Read-only access to the data for the parameters set out in Annex VII through the battery management system referred to in paragraph 1 shall be provided, respecting the intellectual property rights of the battery manufacturer, on a non-discriminatory basis to the natural or legal person who has legally purchased the battery, including independent operators or waste management operators, or any third party acting on their behalf at any time, for the purpose of:

(a) making the battery available to independent aggregators or market participants through energy storage;

(b) evaluating the residual value or remaining lifetime of the battery and capability for further use, based on the estimation of the state of health of the battery;

The battery management system shall include a software reset function, in case economic operators carrying out preparation for re-use, preparation for repurposing, repurposing or remanufacturing need to upload different battery management system software. If the software reset function is used, the original battery manufacturer shall not be held liable for any breach of the safety or functionality of the battery that could be attributed to battery management system software uploaded after that battery was placed on the market.

The Commission is empowered to adopt a delegated act in accordance with Article 89 to amend the parameters for determining the state of health and expected lifetime of batteries set out in Annex VII in view of market developments and technical and scientific progress and to ensure synergies with parameters set in UN Global Technical Regulation No 22 on in-vehicle battery durability for electrified vehicles, with due regard to the intellectual property rights of the battery manufacturer.

The provisions of this Article shall apply in addition to those laid down in Union law on type approval of vehicles.

CHAPTER IV Conformity of batteries

Article 15

Presumption of conformity of batteries

For the purposes of compliance and verification of compliance of batteries with the requirements laid down in Articles 9, 10, 12, 13, 14 and 78, tests, measurements and calculations shall be made using reliable, accurate and reproducible methods which take into account the generally recognised state-of-the-art methods, and the results of which are deemed to be of low uncertainty, including methods set out in standards for which references have been published for those purposes in the Official Journal of the European Union.

Harmonised standards shall aim to simulate real-life usage as far as possible while maintaining standard tests.

Batteries which are in conformity with harmonised standards, or parts thereof, for which references have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements laid down in Articles 9, 10, 12, 13, 14 and 78 to the extent that those requirements are covered by such harmonised standards or parts thereof, and, if applicable, to the extent that the minimum values established for those requirements pursuant to Articles 9 and 10 are attained.

Article 16

Common specifications

In exceptional cases, the Commission may adopt implementing acts laying down common specifications for the requirements laid down in Articles 9, 10, 12, 13, 14 and 78 or tests referred to in Article 15(1), where:

(a) those requirements or tests are not covered by harmonised standards, or parts thereof, for which references have been published in the Official Journal of the European Union;

(b) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for those requirements or tests; and

(c) at least one of the following conditions has been fulfilled:
(i) the request of the Commission has not been accepted by any of the European standardisation organisations,
(ii) the Commission observes undue delays in the adoption of the requested harmonised standards, or
(iii) a European standardisation organisation has delivered a standard that does not entirely correspond to the request of the Commission.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 90(3).

When preparing the draft implementing act establishing the common specifications, the Commission shall take into account the views of relevant bodies or the expert group and shall duly consult all relevant stakeholders.

Batteries which are in conformity with common specifications or parts thereof shall be presumed to be in conformity with the requirements laid down in Articles 9, 10, 12, 13, 14 and 78 to the extent that those requirements are covered by such common specifications or parts thereof, and, if applicable, to the extent that the minimum values established for those requirements pursuant to Articles 9 and 10 are attained.

Where a harmonised standard is adopted by an European standardisation organisation and proposed to the Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. When the reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in paragraph 1, or parts thereof which cover the same requirements or tests referred to in paragraph 1.

Article 17

Conformity assessment procedures

Conformity assessment of batteries with the requirements laid down in Articles 6, 9, 10, 12, 13 and 14 shall be carried out in accordance with one of the following procedures:

(a) for batteries manufactured in series:
(i) ‘Module A – Internal production control’, set out in Part A of Annex VIII, or
(ii) ‘Module D1 – Quality assurance of the production process’, set out in Part B of Annex VIII;

(b) for batteries not manufactured in series:
(i) ‘Module A – Internal production control’, set out in Part A of Annex VIII, or
(ii) ‘Module G – Conformity based on unit verification’, set out in Part C of Annex VIII.

Conformity assessment of batteries with requirements laid down in Articles 7 and 8 shall be carried out in accordance with one of the following procedures:

(a) ‘Module D1 – Quality assurance of the production process’ set out in Part B of Annex VIII for batteries manufactured in series; or

(b) ‘Module G – Conformity based on unit verification’ set out in Part C of Annex VIII for batteries not manufactured in series.

An additional conformity assessment of batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing, shall be carried out in accordance with the procedure ‘Module A – Internal production control’, set out in Part A of Annex VIII, taking into account the requirements laid down in Articles 6, 9, 10, 12, 13 and 14.

Records and correspondence relating to the conformity assessment procedures of batteries shall be drawn up in the official language or languages of the Member State where the notified body carrying out the conformity assessment procedures is established, or in one or more languages accepted by that body.

Article 18

EU declaration of conformity

The EU declaration of conformity shall state that the compliance with the requirements laid down in Articles 6 to 10 and Articles 12, 13 and 14 has been demonstrated.

The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII, and shall be kept up to date. It shall be translated into the language or languages required by the Member State in which the battery is placed or made available on the market or put into service. It shall be drawn up in electronic format and, where requested, it shall be provided in paper format.

Where a battery is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall state the Union acts concerned and their publication references.

By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the battery with the requirements laid down in this Regulation.

Without prejudice to paragraph 3, a single EU declaration of conformity may be made up of one or more individual EU declarations of conformity already drawn up in compliance with a different Union act or acts, in order to reduce the administrative burden on economic operators.

Article 19

General principles of the CE marking

The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Article 20

Rules and conditions for affixing the CE marking

The CE marking shall be affixed visibly, legibly and indelibly to the battery. Where that is not possible or not warranted due to the nature of the battery, it shall be affixed to the packaging and to the documents accompanying the battery.

The CE marking shall be affixed before the battery is placed on the market or put into service.

The CE marking shall be followed by the identification number of the notified body where required under Annex VIII. That identification number shall be affixed by the notified body itself or, under its instructions, by the manufacturer or by its authorised representative.

The CE marking and the identification number referred to in paragraph 3 may be followed, if applicable, by any pictogram or other mark indicating a special risk, use or any danger linked to the use, storage, treatment or transport of the battery.

Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.

CHAPTER V Notification of conformity assessment bodies

Article 21

Notification

Member States shall notify the Commission and the other Member States of the conformity assessment bodies authorised to carry out conformity assessment tasks in accordance with this Regulation.

Article 22

Notifying authorities

Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 27.

Member States may decide that the assessment and monitoring referred to in paragraph 1 shall be carried out by a national accreditation body as defined in Regulation (EC) No 765/2008 and in accordance with the provisions of that Regulation.

Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to in paragraph 1 of this Article to a body, which is not a governmental entity, that body shall be a legal entity, comply mutatis mutandis with the requirements laid down in Article 23 and have arrangements to cover liabilities arising from its activities.

The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3.

Article 23

Requirements relating to notifying authorities

A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs.

A notifying authority shall be organised and operated in such a way that the objectivity and impartiality of its activities are safeguarded.

A notifying authority shall be organised in such a way that each decision relating to notification of a conformity assessment body is taken by competent persons different from those who carried out the assessment of the conformity assessment bodies applying for notification in accordance with Article 28.

A notifying authority shall not offer or provide any activities that conformity assessment bodies perform and shall not provide consultancy services on a commercial or competitive basis.

A notifying authority shall safeguard the confidentiality of the information it obtains. However, it shall exchange information on notified bodies with the Commission as well as with notifying authorities of other Member States and other relevant national authorities.

A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.

Article 24

Information obligation on notifying authorities

Member States shall inform the Commission of their procedures for the assessment and notification of conformity assessment bodies and for the monitoring of notified bodies, and of any changes thereto.

The Commission shall make that information publicly available.

Article 25

Requirements relating to notified bodies

For the purposes of notification, a conformity assessment body shall meet the requirements laid down in paragraphs 2 to 11.

A conformity assessment body shall be established under the national law of a Member State and shall have legal personality.

A conformity assessment body shall be a third-party body independent from business and as regards the batteries it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries.

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