EU: Batteries Regulation – Batteries labelling (new rules)

 

The EU Commission has published a new draft implementing regulation for labelling of batteries under the new EU Battery Regulation.

Pursuant to Article 7 of Regulation (EU) 2023/1542, electric vehicle batteries, rechargeable industrial batteries with a capacity exceeding 2 kWh, and LMT batteries must carry a visible, clearly legible, and indelible label indicating the carbon footprint performance class applicable to the relevant battery model at the level of each manufacturing plant.

Article 13 of Regulation (EU) 2023/1542 requires all batteries to bear a label containing the general information set out in Part A of Annex VI to that Regulation. In addition, specific categories of batteries are required to display supplementary information relating to capacity and minimum average duration, as well as an indication that the battery is ‘non-rechargeable’, where applicable.

Under Article 1(3) of Regulation (EU) 2023/1542, where a battery placed on the market falls within more than one category, it is deemed to belong to the category subject to the most stringent labelling requirements.

In accordance with point 8 of Annex VI to Regulation (EU) 2023/1542, the presence of any hazardous substances in a battery—other than mercury, cadmium, and lead—must be indicated on the label of all batteries.

Products marketed as battery packs, defined as batteries or groups of cells connected or encapsulated within an outer casing to form a complete unit ready for use by end-users or in applications not intended to be dismantled or opened by the end-user, fall within the scope of the definition of a battery and are therefore subject to the applicable battery labelling requirements.

Article 13(7) of Regulation (EU) 2023/1542 provides that the labels referred to in paragraphs 1, 2, and 3 of that Article must be printed or engraved directly on the battery, unless this is not possible or not justified due to the nature or size of the battery. In such cases, the label must be affixed to the packaging or included in the documentation accompanying the battery. Any decision to place part of the required information on the packaging rather than on the battery itself should be justified by physical constraints of the battery surface, taking into account branding and other labelling and marking obligations under Union legislation, while excluding space used solely for non-essential marketing information. Manufacturers should ensure compliance with all obligations arising from Regulation (EU) 2023/1542 and other applicable Union legislation alongside their commercial communications.

The date of manufacture, particularly for portable batteries, is a variable element that changes frequently. In certain circumstances, the continuous updating of this information on the label may result in disproportionate costs. Manufacturers should therefore be granted flexibility to indicate the date of manufacture elsewhere on the battery rather than on the label itself.

To avoid excessive congestion of information on battery labels—especially where information must be provided in multiple languages—flexibility should be permitted through the use of digital solutions such as QR codes. However, where national legislation explicitly requires labelling information to be presented in more than one language, manufacturers should be allowed to use multiple physical labels displaying the same information in different languages.

Finally, to ensure consistent implementation of the carbon footprint label and to provide legal certainty, the format of that label should be harmonised across all battery categories covered by Article 7 of Regulation (EU) 2023/1542. As that Article requires the label to be affixed to the relevant batteries, and as specified in Annex XIII to Regulation (EU) 2023/1542, the carbon footprint label must also be included in the publicly accessible section of the battery passport.

To find out more about the EU Battery Regulation, do not hesitate to contact the Product Compliance Institute.