What is the difference between the Battery Regulation and the old Battery Directive?
A regulation replaces a directive, and that is more than a difference in wording
The Battery Regulation (Regulation (EU) 2023/1542) is not a tightening of the old Battery Directive, but a different type of rule: a regulation applies directly in every Member State, whereas a directive first had to be transposed into Dutch legislation. This means that no separate Dutch law is needed anymore to make the rules apply — the text from Brussels is the text that counts. In addition to this legal form, the content has also become broader: whereas the old directive was primarily about collection and recycling of batteries, the regulation introduces, among other things, requirements for the composition of batteries, the origin of raw materials and the information that must be available about a battery — laid down in the digital battery passport of Article 77.
For whom this difference is relevant, and for whom it is not
This difference is particularly relevant for anyone who places batteries on the European market: manufacturers, importers and sometimes also distributors of EV batteries, batteries for light means of transport (such as e-bikes and scooters) and industrial batteries above 2 kWh. For these parties, it is not only what is regulated that changes, but also how certain those rules are: a regulation leaves no room for a different Dutch implementation as sometimes happened with a directive. Different parts of the same regulation apply to small, loose batteries such as button cells or ordinary AA batteries, and that falls outside what is discussed here. This article also does not address the question of whether a specific product falls under the regulation — that is a question about the product category itself, not about the difference between old and new regulations.
What already applies, and what still has to take effect
The Battery Regulation has already entered into force and has gradually replaced the old directive; different parts of the regulation have their own entry into force date, rather than everything becoming mandatory at once. For the digital battery passport, that date is fixed: it becomes mandatory from 18 February 2027. Until that date, an importer or manufacturer can prepare without the passport having to be present yet, but the obligations under the regulation that already apply — such as requirements for documentation and traceability — do not wait for that. For parts for which no exact date is mentioned here, that is not definitively established within the sources used; the text of the regulation itself and the European Commission's page on batteries and accumulators indicate for each subject which date applies.
How this works in practice
For those accustomed to the old directive, the main difference is that there is no longer a Dutch implementing law in between: the regulation is the source itself, and it is also referred to when there is uncertainty about an obligation. Practically speaking, the first step is to determine which battery category a product falls under — EV battery, battery for a light means of transport, or industrial battery above 2 kWh — because the regulation sets different requirements per category. After that, it is useful to look at which obligations already apply now and which only apply later, such as the digital passport from 18 February 2027. Anyone who is already importing or placing batteries on the market would do well to keep the data that will later have to go into a passport — origin, composition, repair information — structured now, rather than having to reconstruct this by the 2027 date. This saves a lot of time when the obligation actually takes effect.
Where this is based on
The distinction between a directive and a regulation follows from the way these two forms of legislation work within the European Union: a directive requires transposition into national law, a regulation does not. The substantive expansion — including notably the digital battery passport — is set out in Regulation (EU) 2023/1542 (Battery Regulation), article 77. For a broader overview of how the regulation replaces the old rules and which parts apply when, the European Commission's page on batteries and accumulators provides a high-level explanation.
What to do now
The most concrete next step is to establish which battery category your own product falls under and which data must subsequently appear in a digital passport for that category, so that gathering that data can begin in good time — well before 18 February 2027, when that obligation takes effect.
What this is based on
The Regulation itself is on EUR-Lex. We refer for each statement; you need not believe us.
What you need to do concretely
What is expected of you
The key difference between the old Battery Directive (2006/66/EC) and the current Battery Regulation lies in the form of the rule itself. A directive had to be transposed into national legislation by each EU country first — with room for its own interpretation and its own pace. A regulation applies directly, identically in all member states, from the date specified in it. For a company that imports or trades in batteries, this means that the rules can no longer differ per country, and there is no national legislator anymore between them who can still adapt the text to local customs.
Direct applicability instead of national transposition
Under the old directive, it could happen that the Netherlands, Germany and France each imposed different administrative requirements on the same type of battery, because each country had transposed the directive into legislation in its own way. Under the regulation, that intermediate step is eliminated. For a company with 10 to 100 employees selling in several EU countries, this means in practice less hassle with different national rules — one set of requirements applies to the entire internal market. What the regulation specifically expects from a particular type of battery is described under which batteries fall under the Battery Regulation.
New obligations that the directive did not know
The directive was mainly about collection and recycling at the end of life. The regulation adds obligations to it that did not exist in the old text: a digital battery passport, requirements for carbon footprint, minimum quantities of recycled material, and due diligence obligations regarding the origin of raw materials. For an importer of e-bikes or scooters, the passport is the obligation that is felt most concretely: whereas previously only a collection obligation applied, now there is a digital file that must remain accessible throughout the battery's lifetime. What that passport contains is explained on what exactly is a battery passport.
Broader scope of battery categories
The directive had a classification of portable, industrial, automotive and vehicle batteries. The regulation introduces a separate category for batteries of light means of transport (LMT), which under the directive did not yet exist as an independent group. For companies bringing e-bike or scooter batteries to the market, this changes how their product is classified and what requirements apply. More on that classification is at what is a light means of transport battery (LMT battery).
Phased entry into force with concrete dates
Whereas the directive had a transposition period that could differ per country, the regulation works with fixed dates that are the same for all member states. Different obligations — such as the passport — each receive their own entry date, laid down in the regulation itself. For business planning, this means that the date on which an obligation enters into force no longer depends on the speed of the national legislator, but is fixed at EU level. What date applies for the passport is set out at when does the battery passport become mandatory.
Where things go wrong in practice
A number of situations come back to companies that underestimate the transition from directive to regulation.
Assumption that existing national permits remain valid as they were. A company that had set up a collection scheme under the old directive in accordance with the Dutch transposition sometimes assumes that that scheme automatically complies with the regulation. Because the regulation applies directly and is stricter or differently designed in some respects, that assumption is not necessarily correct.
Confusion about which obligations already apply and which do not yet. Because the regulation enters into force in phases, some companies think that all obligations — including the passport — already apply as soon as the regulation comes into force. That is not correct: different parts have their own dates.
Lack of clarity about who in the chain is responsible for the passport. For products with a built-in battery, such as an e-bike, there is regular discussion between manufacturer, importer and assembly company about who supplies the passport. That issue did not arise in this way under the old directive, because there was no passport obligation. See the battery is built into my product — who then makes the passport for how that responsibility is divided.
Underestimating the new category of LMT batteries. Companies that classified their e-bike batteries as "industrial" or "portable" under the directive sometimes assume that classification remains unchanged. The regulation uses its own category for light means of transport, with its own requirements.
Thinking that the boundary between portable and industrial is unchanged. The precise demarcation, for example at the 2 kWh threshold for industrial batteries, has been redefined under the regulation and is not automatically identical to the old national interpretation. What that threshold means is set out in what does the 2 kWh threshold mean for industrial batteries.
What you can record
- An overview of which product categories the company places on the market, assessed against the regulation's classification rather than the old national classification.
- Documentation on the origin of raw materials and the carbon footprint, to the extent this is already kept — this was not mandatory under the directive and now requires new internal agreements on who collects this data.
- A file per product line with the status of the passport obligation: applicable, not yet applicable, or unclear — with a fixed date on which this is reviewed.
- Correspondence with suppliers on who provides which part of the passport, especially for products with a built-in battery.
- An overview of earlier national licences or collection schemes that were closed under the old directive, with a note on whether and how these have been reassessed against the regulation.
A general overview of what has changed in substance is summarised on what is changing with the new batteries regulation, and for those still in doubt whether their own product falls under this, does the battery passport apply to my batteries provides a first point of reference.
This is not legal advice. This page provides general information about the legislation that this platform covers. We do not know your situation. If in doubt about your own case, consult a lawyer or the competent supervisory authority.
Written with AI based on the sources above, checked by a human on 2026-08-22. Is something wrong? Let us know — corrections take priority.