Regulation (EU) 2023/1542 (Battery Regulation) already came into force on 17.08.2023 (as we reported). Even if some requirements (especially with regard to sustainability issues) still need to be specified and therefore require a longer implementation period, some obligations of economic operators under Art. 38 et seq. must already be implemented from 18.08.2024.
In addition to the model identifier and batch, serial or product number for the identification of the battery (Art. 38 Para. 6), the indication of the producer contact data (name, postal address and, if applicable, internet and e-mail address) (Art. 38 Para. 7) and the enclosure of the operating instructions and safety information (Art. 38 Para. 1 a)), the conformity assessment should be mentioned here in particular.
This includes the preparation of the technical documentation in accordance with Annex VIII of the Batteries Regulation and the implementation of the conformity assessment procedure in accordance with Art. 17 of the Batteries Regulation.
For series-produced batteries, the producer generally has the choice of whether to carry out
- "Module A - Internal production control" in accordance with Annex VIII Part A or
- "Module D1 - Quality assurance related to the production process" in accordance with Annex VIII Part B
applies.
In both procedures, the producer must ensure and declare compliance with the relevant requirements under his sole responsibility. However, for module D1, the manufacturer must have his quality assurance system assessed by a notified body and is therefore also subject to surveillance by the relevant notified body.
The requirements for these procedures relate to the following aspects (where applicable to the specific battery):
- Art. 6 Restriction for substances
- Art. 10 Requirements for performance and durability of rechargeable industrial batteries
- Art. 12 Safety of stationary battery energy storage systems
- Art. 13 Labeling of batteries
- Art. 14 Information on the ageing condition and expected lifetime of batteries (only for battery management system of stationary battery energy storage systems, LV batteries and electric vehicle batteries)
If the specific battery type (including rechargeable industrial batteries with a capacity of more than 2 kWh) is also subject to the requirements of Art. 7 (CO2 footprint) and Art. 8 (recycled content), which are only to be complied with at a later date, only the two conformity assessment procedures either under Module D1 or under Module G may be applied, both of which require the involvement of a notified body. This inclusion is explained, among other things, by the fact that compliance with the two requirements mentioned is the most difficult to prove.
After successful completion of the (selected) conformity assessment procedure, an EU declaration of conformity (Art. 18) and the affixing of a CE marking (Art. 19, 20) are then required. When planning the timing of production, delivery and customs clearance, it should be noted that the batteries with CE marking may only be placed on the market from 18.08.2024.
With regard to harmonized standards, the European Commission published standardization request M/579 early on 07.12.2021. No harmonized standards have yet been published in the Official Journal of the European Union. The progress of the standardization work can be followed as part of the CENELEC work program.
As always, please feel free to contact us if you have any questions.
Author
Fully qualified lawyer Inken Green
Product & Material Compliance Expert
