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.
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.