New battery requirements from 18 February 2027 – changes also affecting equipment manufacturers and importers

Further requirements under the EU Batteries Regulation (EU) 2023/1542 will apply from 18 February 2027. The changes will include QR code labelling for batteries, digital passports for selected battery categories, and requirements concerning battery removability and replaceability. The new rules are relevant not only to battery manufacturers, but also to businesses placing equipment containing batteries or rechargeable batteries on the market.

Regulation (EU) 2023/1542 of the European Parliament and of the Council concerning batteries and waste batteries gradually introduces new requirements relating to design, labelling, traceability and the responsibilities of economic operators.

One of the key dates is 18 February 2027. From that date, three significant groups of obligations will apply, potentially requiring adjustments to products, technical documentation and cooperation with suppliers.

Importantly, the Regulation also covers batteries incorporated into equipment, machinery and other products. Its effects may therefore extend to businesses that do not sell batteries separately.

1. Battery replaceability – new requirements for equipment from 18 February 2027

Under Article 11 of Regulation (EU) 2023/1542, from 18 February 2027, businesses placing products containing portable batteries on the market will, as a general rule, be required to ensure that those batteries are readily removable and replaceable by the end user.

This means that equipment should be designed to allow battery replacement without the use of specialised tools, unless those tools are supplied free of charge with the product, and without the use of proprietary tools, thermal energy or solvents.

The rules provide for certain exceptions, including for some appliances designed to operate in wet environments, certain medical devices, and situations where a permanent connection between the battery and the equipment is necessary for safety or data integrity.

Separate requirements apply to batteries used in light means of transport (LMT), which should be removable and replaceable by independent professionals.

The new rules also provide for:

• an obligation to make appropriate instructions and information available on the safe removal and replacement of batteries;
• the availability of batteries as spare parts for at least five years after the last unit of the relevant equipment model is placed on the market;
• a prohibition on using software that hinders the replacement of a battery with a compatible replacement.

In practice, these requirements may be relevant to manufacturers and importers of consumer electronics, power tools, measuring instruments, household appliances, industrial equipment and other battery-powered products.

2. QR codes and digital battery passports

Another significant change concerns battery labelling and access to battery information.

Under Article 13(6) of the Regulation, from 18 February 2027, all batteries must bear a QR code providing access to the information required by the legislation.

However, the scope of the information made available will depend on the battery category.

For certain types of batteries, the QR code will link to the digital battery passport referred to in Article 77 of the Regulation.

The passport requirement will apply to:

• light means of transport (LMT) batteries;
• industrial batteries with a capacity greater than 2 kWh;
• electric vehicle batteries.

The digital passport will contain information relating to the individual battery, including its identification, technical characteristics and other data required by the Regulation.

The obligation to provide a passport will apply to the relevant categories of batteries placed on the market or put into service from 18 February 2027.

For other batteries, the QR code is intended to provide access to specified regulatory information, but does not entail an obligation to create a full digital passport.

For businesses, it will be particularly important to establish whether the necessary data and documentation will be available from battery manufacturers and suppliers, especially where batteries are already built into imported equipment at the factory.

3. From 18 August 2027 – due diligence obligations in the battery supply chain

The next important date is 18 August 2027.

From that date, the provisions of Chapter VII of the Regulation concerning battery supply chain due diligence will apply.

These requirements concern, among other things, identifying and mitigating environmental and social risks associated with sourcing and processing certain raw materials used in battery production, particularly cobalt, lithium, nickel and natural graphite.

Businesses within the scope of these rules will be required, among other things, to:

• establish and implement a battery due diligence policy;
• identify and assess risks in the relevant supply chains;
• introduce systems for managing and controlling those risks;
• ensure the required verification of the policy by a notified body;
• document compliance with their obligations and make the required information available.

However, the EUR 40 million turnover threshold is a key consideration.

Under Article 47 of the Regulation, the due diligence provisions do not apply to operators whose net turnover in the financial year preceding the last financial year was less than EUR 40 million, provided that they do not belong to a corporate group exceeding that threshold on a consolidated basis.

This means that assessing a company’s obligations may require more than establishing its individual turnover. For businesses belonging to international corporate groups, an analysis of consolidated figures may also be necessary.

Determining the scope of due diligence obligations also requires consideration of the business’s role in placing batteries on the market or putting them into service.

4. The new rules also affect importers and distributors

The Batteries Regulation is not limited to businesses directly involved in manufacturing batteries.

Depending on the type of product and the operator’s role in the supply chain, the new requirements may also be relevant to:

• importers of electrical and electronic equipment;
• businesses importing machinery and industrial equipment containing rechargeable batteries;
• manufacturers of power tools and consumer equipment;
• suppliers of energy storage systems and backup power equipment;
• businesses in the automotive and light means of transport sectors;
• distributors offering equipment and batteries on the EU market.

It is particularly important to correctly identify the operator responsible for placing the battery or equipment on the market and the scope of the obligations arising from that role.

Simply importing equipment containing batteries does not automatically mean that the importer will be subject to all the obligations under the Regulation to the same extent as a battery manufacturer.

Nevertheless, the new requirements may necessitate changes to documentation, supplier agreements, purchasing procedures and the way product compliance with EU legislation is verified.

5. What should businesses review before 2027?

The approaching deadlines call for a review of the products offered and the supply arrangements in place.

In particular, businesses should review:

1. Product scope – identify which equipment contains batteries covered by the new requirements.
2. Battery replaceability – check whether equipment design meets the requirements of Article 11 of the Regulation or whether any of its exceptions apply.
3. Labelling and documentation – verify the availability of the required QR codes, battery information and digital passports for the relevant categories.
4. Supply chain responsibilities – determine the obligations of manufacturers, importers, distributors and other economic operators.
5. Turnover threshold – assess whether the business or corporate group will be subject to due diligence obligations from 18 August 2027.

6. 2027 marks a significant stage in the implementation of the Batteries Regulation

Regulation (EU) 2023/1542 is gradually changing the rules governing battery design, placement on the market and market surveillance in the EU.

The deadlines of 18 February and 18 August 2027 are particularly important because they concern both technical and information requirements, as well as businesses’ responsibilities for certain supply chain risks.

For many businesses, the greatest challenge may lie not in identifying the obligation itself, but in obtaining the necessary information from suppliers and adapting existing products and business processes.

Businesses placing products containing batteries on the market should therefore take the new requirements into account when planning purchasing, imports and their product offering for 2027.

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Contact

Krzysztof Wiński
Managing Partner, T&P Advisory | Thedy & Partners
krzysztof.winski@thedy.pl
Tel. +48 519 506 434

Łukasz Pamuła
Senior Manager, T&P Advisory | Thedy & Partners
lukasz.pamula@thedy.pl
Tel. +48 519 504 779

This material is for information purposes and outlines selected requirements under Regulation (EU) 2023/1542, as subsequently amended. The scope of a particular business’s obligations requires an individual assessment, taking into account, in particular, the battery type, the operator’s role in the supply chain and any applicable exceptions.