The proposal to modernise the battery regulations, which the European Union put forward back in 2020, contains a number of changes (more on the changes here).  One of them is a change in the classification of batteries, which would create new categories of batteries for light vehicles and electric vehicles. These categories will include batteries from electric bicycles, scooters  and electric vehicles, the use of which is growing in Europe.

According to the proposal for a regulation, batteries will be divided into the following 5 groups:

1. Portable batteries
2. Batteries for light vehicles / LMT batteries (Light means of transport)
3. SLI batteries
4. Industrial batteries
5. Batteries for electric vehicles

Portable battery:

Is any battery that is sealed and weighs the same or less than 5kg. It is not designed specifically for industrial purposes, for electric vehicles and is not an SLI battery or a light vehicle battery

Light vehicle battery or LMT battery:

Is any battery that is enclosed and weighs the same or less than 25kg. It is designed to provide electrical power for the propulsion of wheeled vehicles which may be powered by an electric motor alone or by a combination of motor and human power, including a type approved category L vehicle pursuant to EU Regulation 168/2013, and which is not a battery for electric vehicles.

Battery SLI:

It is any battery designed to supply electricity for starter, lighting or ignition and may also be used for auxiliary work or back-up purposes in vehicles other means of transport or machinery.

Industrial battery:

It is a battery designed specifically for industrial use or intended for industrial use after preparation for reuse, or it is any other battery weighing more than 5kg, it is not an LMT battery, nor is it an electric vehicle battery or an SLI battery.

Battery for electric vehicle:

Means any battery specifically designed to provide electricity to power hybrid or electric vehicles of category L, as defined in the EU Regulation, and batteries weighing more than 25kg, or designed to provide electricity to power hybrid or electric vehicles of category M, N or O, as defined in the EU Regulation.

The draft Regulation also includes a change to the definition of battery producer, which should read as follows:

A producer is any manufacturer, importer, distributor or other natural or legal person who, regardless of the sales technique used, including distance contracts as defined in Article 2(7) of the EU Directive, where applicable:

• is established in a Member State and produces batteries under its own name or trademark, or has batteries designed or produced and supplies them for the first time under its own name or trademark, including batteries incorporated in appliances, light transport means or vehicles, in the territory of that Member State,
• is established in a Member State and resells in the territory of that Member State, under its own name or trademark batteries, including batteries incorporated in appliances, light transport means or vehicles produced by others. A reseller shall not be deemed to be a ‘producer’ if the batteries bear the manufacturer’s mark as provided for in the first point,
• is established in a Member State and supplies for the first time in that Member State batteries, including batteries incorporated in appliances, light means of transport or vehicles from a third country or from another Member State,
• sells batteries, including batteries incorporated in appliances, light means of transport or vehicles, by means of distance communication directly to end-users who are either private households or other households or other households in a Member State and is established in another Member State or in a third country.

The new draft legislation will have to be formally approved by the Parliament and the Council before it enters into force.

We will provide further information on the new rules contained in the proposal for a Batteries and Waste Batteries Regulation in due course.

The text of the regulation approved by the Parliament can be found here.