What's Changing for CE Markings with the 2023 EU Battery Regulations?

Battery regulations in Europe are shifting yet again as the market for batteries–and the manufacturing of them–grows. While CE markings are not new, how and where they are applied to batteries under the new 2023 Batteries Regulation has changed. 

In this article, we’ll take a look at the scope of the existing and new regulation, as well as what manufacturers will need to do when it comes to CE markings on batteries:

History of Battery Regulations in the European Union

Ever since it went into force in September 2006, Directive 2006/66/EC—otherwise known as the Battery Directive—has been the primary form of regulation for batteries used in the European Union. 

The EU’s 2006 Battery Directive was passed in order to create specific rules for:

1. The marketing and collection of batteries
2. The recycling of waste batteries
3. The maximum amount of certain hazardous substances that batteries can contain

But a lot has changed in the last 17 years. The production of and applications for batteries have increased dramatically. This is especially apparent in the automotive market, where the demand for electric vehicles has changed dramatically since the early 2000s (for context, in 2006 Silicon Valley startup Tesla announced its goal of producing a luxury electric sports car). 

At the same time, concerns around carbon neutrality (a goal batteries play an integral role in achieving) also caught the public–and government’s–eye. As these trends continued to develop and batteries became increasingly central to a multitude of emerging technologies, it was clear that the EU needed to draft new legislation more appropriate for the current era. 

The 2023 Batteries Regulation in the European Union

That new legislation, called the Batteries Regulation, was adopted by the European Parliament in July 2023. It was entered into force a month later, in August. According to the European Commission, the global demand for batteries may increase up to 14-fold by 2030. The new regulation aims to “minimize the environmental impact of this exponential growth in light of new socioeconomic conditions, technological developments, markets, and battery usages.” It also strives to promote a circular economy, work toward zero emissions, and position the 27 EU countries to become competitive players in the worldwide sustainable battery industry. 

Understanding the EU Battery Regulations 

The new Batteries Regulation encompasses a significant number of mandates that will be rolled out gradually over the course of the rest of the decade. The regulations apply to any and all batteries sold in the EU, including portable batteries, industrial batteries, replaceable batteries, and SLI (Starting, Lighting, and Ignition) batteries, among others. They cover a wide range of imperatives, ranging from safety and sustainability to recycling and circularity. In the European Commission’s words, the Batteries Regulation represents a “key achievement under the European Green Deal,” one that “brings forward the circular economy and zero pollution ambitions of the EU and strengthens the EU’s strategic autonomy.” 

How the Batteries Regulation Affects CE Markings

One of the most important aspects of the Batteries Regulation is the new requirements it imposes for CE markings. 

The CE mark—an abbreviation of “Conformité Européenne,” or European conformity—has been around since 1993, and serves as a way for manufacturers to declare that their product is in compliance with all the applicable legal requirements within the European Economic Area (which includes the EU and the European Free Trade Association). Prior to the new battery regulations, the CE mark was required on products that fell into one of 25 different categories (some examples include machinery, lifts, and medical devices; the full list of product groups can be found on the European Commission’s site). 

The Batteries Regulation is now requiring all batteries sold within the EU market to also carry the CE marking. As with all the other product categories outlined by the European Commission, the responsibility of affixing the CE mark falls on the manufacturer. In order to apply the marking, manufacturers will eventually have to adhere to a set of requirements that vary depending on the type of battery being produced. The regulation puts batteries into one of five categories:

• Portable batteries
• Industrial batteries
• Electric vehicle batteries
• Light means of transport (LMT) batteries
• Starting, lighting, and ignition (SLI) batteries 

The requirements for these batteries—which, again, vary based on the type—include information on the battery’s carbon footprint and the amount of recycled content it contains; performance and durability thresholds; and a battery management system (BMS) that carries valuable data about the battery’s health and expected lifespan. 

Whenever possible, the marking should appear on the battery itself. Under circumstances in which that’s unachievable or impractical, the CE marking can be affixed to the packaging or related documentation. 

This specific regulation goes into effect in 2026. 

EU Battery Regulations and Notified Bodies 

Depending on the type of battery, companies working toward achieving compliance with the new CE marking requirements may need to work with a notified body. Notified bodies are organizations approved by their EU country to evaluate the conformity of specific products. Companies manufacturing portable batteries and industrial batteries with a capacity of less than 2 kWh are exempt from this requirement, and may carry out the assessment and certification process on their own. Manufacturers producing all other types of batteries, though, must go through a notified body to reach compliance and affix the CE marking.