The EU Battery Regulation 2023/1542 introduces binding battery recycled content requirements for four materials: cobalt, lithium, nickel, and lead. These requirements apply to electric vehicle (EV), light means of transport (LMT), industrial, and SLI batteries sold in the EU. The rules arrive in three distinct phases: disclosure, first mandatory minimums, and second mandatory minimums. Each phase has its own start date and scope. This article sets out exactly what the regulation requires, when, and what counts as recycled content under the law.
Which Batteries Are Covered
Article 8 of Regulation (EU) 2023/1542 covers EV batteries, SLI batteries (starter, lighting, and ignition), industrial batteries with a capacity above 2 kWh, and LMT batteries. The four materials in scope are cobalt, nickel, lithium, and lead. Targets are expressed as a percentage of the active material in the battery, not as a share of total battery weight.
Phase One: Disclosure Without Minimums
The first obligation under Article 8(1) is disclosure only. Manufacturers must state the actual recycled content percentage for each of the four materials. They do not have to meet any minimum threshold at this stage.
The start date for this phase is not a fixed date. Article 8(1) applies from 18 August 2028 or 24 months after the entry into force of the methodology delegated act, whichever is the latest. The Commission was required to adopt that delegated act by 18 August 2026. If the act is delayed beyond 18 August 2026, the disclosure obligation shifts forward accordingly. Manufacturers should monitor the Commission’s progress on that act rather than treating 18 August 2028 as a guaranteed start date.
LMT batteries are not subject to the disclosure obligation until 18 August 2033 under Article 8(1). EV, SLI, and specified industrial batteries enter the disclosure phase first.
Phase Two: First Mandatory Minimums (2031)
From 18 August 2031, Article 8(2) sets the first binding minimum recycled content levels. The targets are:
- Cobalt: 16% of active material must come from recycled sources
- Lithium: 6% of active material must come from recycled sources
- Nickel: 6% of active material must come from recycled sources
- Lead: 85% of active material must come from recycled sources
The lead threshold of 85% reflects current industry practice. Lead-acid battery recycling rates in Europe are already very high, so this target is set close to what most manufacturers already achieve. The cobalt, lithium, and nickel targets represent a genuine step up for most supply chains.
LMT batteries are not subject to the 2031 minimums. They enter the mandatory phase only in 2036.
Phase Three: Second Mandatory Minimums (2036)
From 18 August 2036, Article 8(3) raises the targets for cobalt, lithium, and nickel, and brings LMT batteries into the mandatory regime for the first time. The targets are:
- Cobalt: 26% of active material must come from recycled sources
- Lithium: 12% of active material must come from recycled sources
- Nickel: 15% of active material must come from recycled sources
- Lead: 85% (unchanged from the 2031 level)
LMT batteries must meet these 2036 minimums from the same date. They skip the 2031 phase entirely and move directly from the 2033 disclosure obligation to the 2036 mandatory minimums.
What Counts as Recycled Content
The regulation is specific about what qualifies. Recycled content means material derived from post-consumer waste that has been processed in a facility meeting the requirements set out in Article 8. Production scrap, also called pre-consumer waste or manufacturing offcuts, does not count. A manufacturer cannot include material recovered from its own production line to meet these targets.
This distinction matters for supply chain documentation. When a supplier claims recycled content, the evidence must show that the material originated from post-consumer waste and passed through a qualifying recycling facility. Certificates that cover only production scrap recovery will not satisfy Article 8.
The methodology for calculating recycled content will be set out in the delegated act that the Commission was required to adopt by 18 August 2026. Until that act is in force, manufacturers should track the Commission’s published drafts and prepare their data collection systems accordingly.
Battery Recycled Content Requirements and the Digital Battery Passport
The Digital Battery Passport, required under Article 77 of Regulation (EU) 2023/1542, must include the actual recycled content percentage for each of the four materials. Stating only that a threshold has been met is not sufficient. The passport must carry the precise figure.
Access to this data is governed by Annex XIII. The recycled content percentages fall within the publicly accessible tier at Annex XIII point 1, meaning any person can read them without authentication. This is intentional: the regulation treats recycled content as consumer-facing information, not proprietary data.
Manufacturers building their passport infrastructure now should design their data pipelines to capture material-level recycled content figures from suppliers, not just pass/fail compliance flags. The passport must be updated when the content changes, so a static entry at product launch will not be sufficient over the product’s lifetime.
Five-Year Review Cycle
Article 8(5) requires the Commission to review the recycled content targets every five years. The review considers the availability of recycled materials on the market, technological developments in recycling, and the supply of secondary raw materials. If market conditions change significantly, the Commission can propose revised targets through the standard legislative process.
This review mechanism means the 2036 targets are not necessarily the final word. Manufacturers planning long-term procurement strategies should account for the possibility that targets could rise after 2036, particularly for lithium and nickel, where recycling infrastructure is still scaling up across Europe.
Practical Steps for Manufacturers
The disclosure phase, whenever it begins, requires manufacturers to have supplier data in place before the obligation starts. Collecting that data retrospectively is difficult. The following steps apply now:
- Identify which of your battery models fall under Article 8 scope: EV, SLI, industrial above 2 kWh, or LMT.
- Map your active material suppliers for cobalt, lithium, nickel, and lead.
- Request recycled content documentation from each supplier, specifying that post-consumer waste origin is required under Article 8.
- Confirm that supplier certificates reference a qualifying recycling facility, not production scrap recovery.
- Build a data structure that stores the percentage figure for each material, not just a compliance flag.
- Monitor the Commission’s progress on the methodology delegated act, which was due by 18 August 2026, to confirm the exact start date for the disclosure obligation.
- Plan for the 2031 mandatory minimums by reviewing current recycled content levels against the Article 8(2) thresholds: 16% cobalt, 6% lithium, 6% nickel, 85% lead.
Common Misunderstandings
Several misconceptions appear frequently when manufacturers first read Article 8.
First, some assume the 2028 date is fixed. It is not. The regulation ties the disclosure start date to the entry into force of the methodology delegated act. If that act is delayed, the obligation moves with it.
Second, some treat production scrap as recycled content. The regulation explicitly excludes it. Only post-consumer waste processed in a qualifying facility counts.
Third, some assume LMT batteries follow the same timeline as EV batteries. They do not. LMT batteries enter disclosure in 2033 and mandatory minimums in 2036, skipping the 2031 phase entirely.
Fourth, some plan to report only a pass/fail status in the battery passport. The regulation requires the actual percentage. Passport systems that store only a boolean compliance flag will need to be redesigned before the disclosure phase begins.
Where the Targets Come From
The targets in Article 8 were set based on projections of recycling capacity growth in Europe and the expected volume of end-of-life batteries returning to the system over the coming decade. The 2031 targets reflect what the Commission considered achievable given the recycling infrastructure that was in place or under construction at the time of drafting. The 2036 targets assume continued investment in hydrometallurgical and direct recycling processes, particularly for lithium.
The five-year review under Article 8(5) is the mechanism for adjusting targets if recycling capacity grows faster or slower than projected. Manufacturers who invest early in recycled content sourcing will be better positioned if targets rise after the first review.
If you are building your compliance programme now, Traceable can help you structure supplier data collection, generate the required passport fields, and track your recycled content percentages against the Article 8 thresholds. Visit traceable.digital/pricing to start a free trial and see how the platform handles the full disclosure and mandatory phases.
