FAQBatteries RegulationEU

EU Batteries Regulation Article 8 recycled content calculation FAQ

Article 8 requires model-, year-, and plant-specific information on recovered cobalt, lead, lithium, and nickel before minimum shares apply in 2031 and 2036.

The first information date depends on the Article 8 methodology act. This FAQ also separates battery-model recycled content from recycler recovery rates.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 24, 2026
Questions
5

Structured answer sets in this page tree.

Primary sources
5

Cited legal and guidance references.

Publication metadata
Sorena AI
Published May 9, 2026
Updated Jul 24, 2026
Overview

Article 8 of Regulation (EU) 2023/1542 governs recovered-content information for specified industrial, electric vehicle, light means of transport (LMT), and starting, lighting and ignition (SLI) batteries that contain cobalt, lead, lithium, or nickel in . It requires documentation for each battery model, year, and manufacturing plant, followed by minimum shares in 2031 and 2036. For industrial batteries above 2 kWh, EV batteries, and SLI batteries, the first documentation date is the later of 18 August 2028 or 24 months after the Article 8 calculation and verification methodology enters into force. It does not create a calculation for general recycled-content marketing claims.

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5 of 5 questions
Question 1

Which batteries need Article 8 recycled content calculation?

The first group comprises industrial batteries with a capacity greater than 2 kWh, except batteries with exclusively external storage, electric vehicle batteries, and starting, lighting and ignition batteries. The battery must contain cobalt, lead, lithium, or nickel in . Documentation of recovered-content shares starts on the later of 18 August 2028 or 24 months after the Article 8 delegated methodology enters into force.

LMT batteries are phased in separately. Their information-documentation requirement starts on 18 August 2033 when they contain one of the four listed materials, and they join the minimum-share requirement on 18 August 2036.

An LMT battery is a sealed traction battery weighing 25 kg or less for a wheeled vehicle powered by an electric motor alone or by motor and human power; it excludes an electric vehicle battery. An SLI battery is designed to supply starting, lighting, or ignition power and may also provide auxiliary or backup power in vehicles, other transport, or machinery. Classification depends on the complete definitions in Article 3, not only the product's trade name.

Article 8(4) excludes a battery that was already placed on the market or put into service before it underwent preparation for re-use, preparation for repurposing, repurposing, or remanufacturing. Record the battery's earlier market or service status before relying on this exclusion.

  • First group: industrial batteries above 2 kWh other than those with exclusively external storage, EV batteries, and SLI batteries containing cobalt, lead, lithium, or nickel in .
  • Later group: LMT batteries containing cobalt, lead, lithium, or nickel in .
  • Not covered by Article 8 just because a product contains any recycled material; the trigger is the listed battery category plus the listed Article 8 materials.
Citations
Regulation (EU) 2023/1542, Article 8

Articles 3 and 8(1) and (4) define the battery categories, material trigger, variable first documentation date, LMT phase-in, per-model basis, and exclusion for qualifying batteries already marketed or put into service before re-use, repurposing, or remanufacturing.

Question 2

Which materials count for Article 8?

The Article 8 material list is narrow: cobalt, lead, lithium, and nickel. For cobalt, lithium, and nickel, the documented share concerns material present in and recovered from battery manufacturing waste or post-consumer waste. For lead, the documented share concerns lead present in the battery and recovered from waste.

Copper, graphite, manganese, steel, aluminium, plastics, and a battery-wide recycled-content total are outside the four-material calculation stated in Article 8. Article 8(6) allows the Commission to add materials by delegated act where battery-chemistry market developments justify it, so teams should check the current consolidated rule before fixing a long-term material list.

  • Cobalt: percentage share in recovered from battery manufacturing waste or post-consumer waste.
  • Lithium: percentage share in recovered from battery manufacturing waste or post-consumer waste.
  • Nickel: percentage share in recovered from battery manufacturing waste or post-consumer waste.
  • Lead: percentage share present in the battery and recovered from waste.
Citations
Regulation (EU) 2023/1542, Article 8

Article 8(1), (2), (3), and (6) establish the current four-material scope, distinguish lead from cobalt, lithium, and nickel, and authorise the Commission to add materials by delegated act.

Question 3

What minimum shares apply in 2031 and 2036?

From 18 August 2031, technical documentation for the first group must demonstrate minimum recovered shares of 16% cobalt, 85% lead, 6% lithium, and 6% nickel. Apply only the percentage for a listed material present in the battery under the Article 8 trigger; do not average the four percentages into one battery score.

From 18 August 2036, the minimum shares become 26% cobalt, 85% lead, 12% lithium, and 15% nickel. The covered categories then include industrial batteries above 2 kWh except those with exclusively external storage, EV batteries, LMT batteries, and SLI batteries.

Article 8 states these percentages but also requires the Commission to assess them after the methodology act enters into force and no later than 31 December 2028. The Commission may amend the targets by 18 August 2029 where its assessment justifies a change. Recheck the consolidated legal text before using the percentages in a release decision.

  • 2031 first-wave thresholds: 16% cobalt, 85% lead, 6% lithium, 6% nickel.
  • 2036 thresholds including LMT batteries: 26% cobalt, 85% lead, 12% lithium, 15% nickel.
  • Keep threshold records per battery model, per year, and per manufacturing plant.
Citations
Question 4

What documentation should support the calculation?

Article 8 documentation is organized by battery model, calendar year, and manufacturing plant. Annex VIII requires technical documentation to include a study supporting the recycled-content share, calculations made under the Article 8 delegated methodology, and the evidence and information that determine the input data.

Under Annex VIII's production-quality-assurance route, the quality system must describe how the parameters and data needed to calculate and update the recycled-content share are monitored. The notified body checks the reliability of the data and proper implementation of the methodology. Annex VIII also requires the manufacturer to keep the technical documentation available to national authorities for 10 years after the battery is placed on the market.

  • Battery model, manufacturing plant, and calendar year covered by the calculation.
  • Material-by-material share for cobalt, lithium, nickel, and lead, only where the Article 8 trigger is met.
  • Input-data evidence showing whether material was recovered from battery manufacturing waste, post-consumer waste, or waste for lead.
  • Calculation study and records showing the methodology used once the Article 8 delegated act applies.
  • Quality-system procedures for monitoring and updating recycled-content parameters and data.
Citations
Regulation (EU) 2023/1542, Annex VIII and Module D1

Annex VIII requires a supporting study, methodology calculations, input-data evidence, 10-year retention of technical documentation, quality-system controls for recycled-content data, and notified-body checks of data reliability and methodology implementation.

Recommended next step

Build an Article 8 evidence file before thresholds apply

Map battery models, manufacturing plants, material inputs, supplier recovery evidence, and Annex VIII technical-documentation records before the Article 8 information and threshold duties apply.

Question 5

Is the Article 8 delegated methodology the same as the recycling-efficiency methodology?

No. Article 8 requires the Commission to adopt a delegated act by 18 August 2026 establishing the battery-model calculation and verification methodology and the documentation format. The first information duty begins on the later of 18 August 2028 or 24 months after that act enters into force, so its entry-into-force date controls the first-group start date. Before finalizing a calculation, verify whether the act has been adopted and entered into force and check its transition terms.

Commission Delegated Regulation (EU) 2025/606 is related but different. It establishes methodology and documentation for recycler recycling-efficiency rates and recovery-of-materials rates from waste batteries, including cobalt, copper, lead, lithium, and nickel. Those recycler records can be relevant upstream evidence, but they should not be cited as the Article 8 battery-model recycled-content methodology.

  • Article 8 calculation: recovered-content share in covered battery models, per year and manufacturing plant.
  • Delegated Regulation 2025/606 calculation: and recovery rates for waste-battery recycling operations.
  • Common mistake: using recovery-rate percentages or recycler documentation as if they were the final Article 8 recycled-content share for a placed-on-market battery model.
Citations
Regulation (EU) 2023/1542, Article 8

Article 8(1) requires a delegated methodology and documentation format by 18 August 2026 and ties the first-group information duty to the later of a fixed date or 24 months after that act enters into force.

Primary sources

References and citations

eur-lex.europa.eu
Referenced sections
  • Annex VIII requires a supporting study, methodology calculations, input-data evidence, 10-year retention of technical documentation, quality-system controls for recycled-content data, and notified-body checks of data reliability and methodology implementation.
eur-lex.europa.eu
Referenced sections
  • Article 8(1) requires a delegated methodology and documentation format by 18 August 2026 and ties the first-group information duty to the later of a fixed date or 24 months after that act enters into force.
eur-lex.europa.eu
Referenced sections
  • Primary legal source for Article 8 scope, the variable first documentation date, listed materials, thresholds, exclusions, review powers, and Annex VIII evidence and retention duties.
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