EU Batteries Regulations in Northern Ireland
Guidance for businesses
Applies to Northern Ireland
This guidance is for businesses involved in the manufacture, import, supply and sale of batteries in relation to 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. This Regulation applies directly in Northern Ireland (NI) and repeals the Batteries Directive 2006/66/EC.
Businesses should use this guidance to help identify the requirements of the EU Batteries Regulation 2023/1542 (EUBR) that are relevant to them, noting that certain aspects of the regulation have now come into force. Where an individual or business is unclear of their legal obligations, they should seek independent legal advice.
Please note that the UK Government will consult in the autumn on an aligned regime across the whole of the UK which is consistent with the EU’s 2023 Batteries Regulation.
Overview
The EUBR has applied directly in the EU, and therefore Northern Ireland (NI) by virtue of the Windsor Framework, since 18 February 2024. The UK Batteries and Accumulators (Placing on the Market) Regulations 2008 (BPoM) which implemented the EU’s 2006 Batteries Directive continue to apply in Great Britain.
Under the 2006 EU Directive and BPoM, batteries, including those incorporated in appliances, are subject to restrictions on cadmium, lead and mercury; must be labelled in accordance with BPoM regulations and must be readily removable. The EUBR updates these requirements, with many requirements dependent upon supplementary legislation by the Commission before coming into effect. Information on the changes and when they enter into force are set out in this guidance.
The EUBR sets out the rules on the sustainability, performance, safety, collection, recycling and second life of batteries as well as on information about batteries for end-users and economic operators. This includes new requirements for placing on the market and conformity assessment of batteries.
The Batteries (Placing on the Market) (Northern Ireland) Regulations 2026 will disapply BPOM in relation to NI and create a penalty and enforcement regime in NI in relation to the EUBR requirements.
Chapter 8 of the EUBR concerning the management of waste batteries is not in scope of this document. Any queries related to Chapter 8 of the EUBR should be sent to DAERA.EPR2@daera-ni.gov.uk.
Supplementary legislation
Further detail on the requirements under the EUBR, for example on calculation methodologies and presentation of information, will be set out in supplementary EU Delegated and Implementing Acts over the coming years. This will determine the in-force date for such requirements. In this guidance, dependencies on supplementary legislation are indicated with a ‘*’, where the date listed is the earliest possible in force date.
What is covered
The EUBR covers all types of batteries, regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose. This includes batteries that are incorporated into or added to products or that are specifically designed to be incorporated into or added to products.
The following exemptions apply:
- equipment connected with the protection of essential security interests, such as arms, munitions and war material, and intended for specifically military purposes
- equipment designed to be sent into space
- Chapter 3 of the EUBR titled ‘Labelling, marking and information requirements’ does not apply to equipment specifically designed for the safety of nuclear installations.
You must check which of the following requirements apply to the batteries you are involved with if you are:
- A manufacturer
- A supplier of battery cells and battery modules
- An authorised representative
- An importer
- A distributor
- A 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.
Current requirements
The following requirements under the Batteries (Placing on the Market) Regulations 2008 continue to have effect until the new EUBR requirements apply:
- Capacity labelling of batteries under regulation 5A and removability of batteries from appliances under regulation 7.
- The EUBR requirement on labelling and marking of batteries (Article 13) will come into force on or after 18th August 2026*, replacing the capacity labelling requirement in 5A within BPoM at that point.
- In addition, Article 13 outlines that general information requirements will apply for all batteries and non-rechargeability labelling for non-rechargeable portable batteries will also come into force on or after 18th August 2026.
- Batteries must be readily removable. The EUBR requirement on removability and replaceability of batteries (Article 11) will come into force on 18th February 2027, replacing the ‘readily removable’ requirement in BPoM regulation 7 at that point.
- The requirement to display the crossed-out wheelie bin symbol on all batteries is retained in the EUBR and so continues to apply.
The following EUBR requirements now apply:
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All businesses involved in the manufacture, import, supply and sale of batteries, must be familiar with the new definitions and categories of battery, as set out in the EUBR Article 3. As a business you should use these new definitions to help identify what parts of the EUBR apply to your operations.
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Article 5 outlines that batteries can be placed onto the market or put into service if they meet the requirements outlined in Articles 6 to 10 and 12 as well as the labelling and information requirements in Chapter 3 which relate to sustainability and safety requirements. For any aspects not covered in those articles the regulation states that batteries placed on the market shall not present a risk to the health and safety of humans and the environment. (Article 5)
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Article 6 carries forward the same substance restrictions for mercury and cadmium as in BPoM, with an additional requirement that portable batteries, whether or not incorporated into appliances, should not contain more than 0.01% of lead (expressed as lead metal) by weight (with the exception of portable zinc-air button cells, where the restriction comes into force on 18 August 2028).
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Performance and durability requirements concerning technical documentation apply for rechargeable industrial batteries with a capacity greater than 2kWh, light means of transport (LMT) batteries and electric vehicle (EV) batteries (Article 10)
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The requirement for batteries to be safe is embedded throughout EUBR and there are additional safety requirements, including technical documentation, that apply for Stationary battery energy storage systems (SBESS) (Article 12)
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All batteries must be marked with the symbol for separate collection (Article 13). Additional labelling and marking requirements are outlined in the future requirements section.
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Information on state of health and expected lifetime must be contained in the battery management systems of LMT batteries, EV batteries and SBESS. (Article 14)
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Articles 10 and 14 also contain requirements with future in force dates and these are set out in the future requirements section.
Additionally, economic operators must meet the EUBR requirements on:
- Conformity assessment procedures (Article 17), (including for those involved with preparations for reuse, re-purpose or remanufacturing batteries)
- Declaration of conformity (Article 18)
- CE marking (Articles 19 and 20 )
These are most relevant for manufacturers, including businesses involved in preparation for re-use, preparation for repurposing, repurposing or remanufacturing of batteries, who will need to ensure that the requirements of the listed articles are met.
There are also requirements for different economic operators involved in the manufacture and supply of batteries to end users related to conformity assessment and the CE marking. This includes:
- manufacturers (Article 38) and their authorised representatives (Article 40)
- suppliers of battery cells and battery modules (Article 39)
- importers (Article 41) and distributors (Article 42)
- fulfilment service providers (Article 43)
- Economic operators placing on the market or putting into service batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing (Article 45)
Finally, all economic operators involved in the manufacture and supply of batteries to end users should review EUBR Chapter VI (Conformity of batteries) in full and follow all relevant requirements.
Future requirements
Placing on the market requirements under the EUBR
Carbon footprint declarations, performance class requirements and maximum lifecycle carbon footprint thresholds for electric vehicle batteries, rechargeable industrial batteries and LMT batteries (Article 7): Requirements apply from different dates depending on the requirement and battery type and economic operators should refer to the article for the requirements that apply to them. Delegated and Implementing Acts supplementary to Article 7 are delayed.
Recycled content documentation and requirements for industrial batteries, electric vehicle batteries, LMT batteries and SLI batteries, in respect of cobalt, lead, lithium and nickel (Article 8): The documentation requirement will apply from 18th August 2028* at the earliest and minimum recycled content requirements come into force on 18th August 2031, increasing on 18th August 2036.
Performance and durability requirements for portable batteries of general use (Article 9): Requirements apply from 18th August 2028* at the earliest.
Performance and durability requirements concerning minimum values for rechargeable industrial batteries, LMT batteries and electric vehicle batteries (Article 10): Requirements apply at the earliest from:
- 18th August 2027* for rechargeable industrial batteries with a capacity greater than 2 kWh, except those with exclusively external storage
- 18th August 2028* for LMT batteries
Removability and Replaceability of portable and LMT batteries (Article 11). Requirements apply from 18th February 2027 and apply to those placing on the market products that incorporate portable or LMT batteries.
Further labelling and marking requirements for all batteries (Article 13) apply from:
- 18th August 2026* for all batteries, which must bear a label containing specified general information.
- 18th August 2026* for rechargeable portable batteries, LMT batteries and SLI batteries, which must bear a label containing information on their capacity
- 18th August 2026* for non-rechargeable portable batteries, which must bear a label containing information on their minimum average duration and a label indicating ‘non-rechargeable’.
- 18th February 2027* for all batteries, which must bear a QR code providing access to specified information.
Delayed requirements
Supplementary EU legislation to enable implementation of Article 7 of the EUBR concerning the carbon footprint of batteries, is delayed.
There is the possibility that further supplementary legislation may be delayed in the future and therefore it is recommended that businesses regularly check the EU’s implementing and delegated acts register which will contain the most up to date information.
Due diligence policies
The due diligence requirements set out in EUBR will now come into force 2 years later than the date contained in the original regulation. The enforcement date for these requirements is the 18th August 2027.
The due diligence requirements thresholds are outlined in EUBR and the EU commission is currently considering changes to these. If adopted EUBR will reflect these changes – ensure that you view the most up to date version and also check the EU’s Legislative Train Schedule for updates.
Digital battery passport
From 18th February 2027 each LMT battery, each industrial battery with a capacity greater than 2 kWh and each electric vehicle battery placed on the market or put into service shall have an electronic record (‘battery passport’) (Articles 77-78 of the European Batteries Regulation).
Links to the regulations
The EU Batteries Regulations 2023/1542
The Batteries and Accumulators (Placing on the Market) Regulations 2008
Contact us
If you have a specific enquiry about compliance or wish to contact us regarding suspected non-compliance please email OPSS.enquiries@businessandtrade.gov.uk.
Or in writing to:
Office for Product Safety and Standards
4th Floor Multistory
18 The Priory Queensway
Birmingham
B4 6BS
United Kingdom