RoHS vs Batteries Regulation Side-by-side comparison
RoHS applies to electrical and electronic equipment, including covered cables and spare parts, and restricts Annex II substances by maximum concentration in homogeneous materials.
This comparison keeps RoHS duties separate from battery-law work: batteries sit outside RoHS, and detailed battery obligations must be assessed under the Batteries Regulation.
RoHS and the Batteries Regulation can apply to different parts of the same product. RoHS assesses restricted substances in covered EEE but excludes batteries and accumulators used in that equipment. Regulation (EU) 2023/1542 covers batteries, including batteries incorporated into or added to appliances, light means of transport, and vehicles. Classify the EEE and separately, document both decisions, then join the two evidence streams at the product release gate.
Side-by-side comparison
RoHS vs Batteries Regulation: side-by-side comparison
A comparison for products that include EEE and batteries: what RoHS proves, what sits outside RoHS, and which battery-specific compliance claims require a separate Batteries Regulation assessment.
Use the RoHS side for EEE scope, Annex II substances and thresholds, exemptions, technical documentation, CE marking, EU declarations, and market-surveillance response.
Second framework
Batteries Regulation
Batteries and accumulators used in EEE are outside RoHS. Assess all battery-specific duties separately under the applicable battery regime.
RoHS vs Batteries Regulation: side-by-side comparison
RoHS applies to EEE falling within Annex I categories and uses the EEE definition based on dependence on electric currents or electromagnetic fields for at least one intended function.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Regulation (EU) 2023/1542 applies to every , including batteries incorporated into or added to products, subject to its military and space exclusions. For equipment specifically designed for nuclear-installation safety, Article 1(6) disapplies only Chapters III and VIII. It classifies batteries as portable, starting-lighting-ignition, light-means-of-transport, electric-vehicle, or industrial.
Articles 1-3 support coverage of batteries incorporated into products, the exclusions, and the five battery categories.
Classify the finished EEE under RoHS and classify the battery under Article 3. Record any exclusion or category-specific derogation separately; the battery's incorporation into EEE does not remove it from battery scope.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
RoHS names manufacturers, authorised representatives, importers, and distributors as economic operators, with manufacturer duties for design, technical documentation, EU declaration, CE marking, corrective action, and authority cooperation.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
electrical and electronic equipment
The Batteries Regulation assigns product duties to battery manufacturers, authorised representatives, importers, and distributors, and waste duties to producers and producer-responsibility organisations. A business can hold different RoHS and battery roles for the same combined product.
Articles 3, 38-46, and 54-58 define battery actors and assign product and extended-producer-responsibility duties.
Map the legal role per product, battery, Member State, and sales route. Assign product-conformity evidence and extended-producer-responsibility records to the owners named by the applicable provisions.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
RoHS is triggered by placing covered EEE on the EU market and by assessing whether its homogeneous materials exceed Annex II maximum concentration values or rely on an exemption.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Battery duties turn on facts such as making a battery available or putting it into service, and capacity, incorporation into a product, economic-operator role, and the application date of the specific provision. Waste duties also depend on producer status and the Member State market.
Articles 3 and 6-14, Chapters IV, VI, VII and VIII, and Article 96 support the category-, role-, capacity-, and date-specific battery triggers.
Route the same launch to RoHS for the EEE and to a provision-by-provision battery assessment. Record the placement or putting-into-service date and do not use one generic battery effective date.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
RoHS requires manufacturers to ensure EEE is designed and manufactured in accordance with Article 4, draw up technical documentation, carry out internal production control, draw up an EU declaration of conformity, and affix CE marking when conformity is demonstrated.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Official decision publishing EN IEC 63000:2018 as the harmonised standard for RoHS technical documentation.
technical documentation required for assessing materials
Depending on category and date, the Batteries Regulation can require substance controls, carbon-footprint and recycled-content information, performance and durability, removability and replaceability, safety, conformity assessment, an EU declaration, CE marking, labels and QR data, a battery passport, due diligence, producer registration, take-back, collection, treatment, and reporting.
Binding source for battery sustainability, safety, conformity, information, due-diligence, and waste duties, each subject to its stated scope and application date.
Build the RoHS action list from Articles 4 and 7, then build the battery action list from the provisions that match the category, actor, capacity, and date. Close both before the combined product's release gate.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
RoHS evidence should include the EEE scope decision, homogeneous-material assessment, Annex II substance matrix, exemption record where used, supplier declarations, relevant test or assessment evidence, EN IEC 63000 technical documentation, EU declaration of conformity, and change records.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS harmonised-standards page for the OJEU reference to EN IEC 63000 technical documentation.
Restriction of the use of certain hazardous substances
Battery evidence can include category and scope rationale, Annex VIII technical documentation, applicable test and calculation records, conformity-assessment output, EU declaration, CE marking, labels and QR data, passport records, supply-chain due-diligence records, producer registration, take-back, collection, treatment, and reporting evidence.
Articles 17-20, 38-46, 48-52, 55-76, 77-78, and Annex VIII establish the main battery evidence and record streams.
Use a shared index only if every record identifies the battery model, applicable provision, category, version, responsible operator, validity period, and whether it proves RoHS, battery compliance, both, or background facts only.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
RoHS timing includes the market-placement point, 10-year availability of technical documentation and EU declarations for relevant economic operators, exemption renewal applications no later than 18 months before expiry, and review when standards, design, or suppliers change.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission implementation page for RoHS exemptions, renewal handling, and assessment studies.
Exemptions are limited in time
The Regulation applies generally from 18 February 2024, with Article 17 conformity assessment and Chapter VI economic-operator rules from 18 August 2024, subject to the Article 17(2) transition. Article 11 removability and replaceability, QR-code duties, and battery passports start on 18 February 2027 for their stated scope. Regulation (EU) 2025/1561 moved battery due diligence to 18 August 2027. Other duties use category-specific dates and may depend on later acts.
Binding amendment replacing the Article 48 due-diligence start date with 18 August 2027.
Maintain a battery obligation calendar by article, category, dependency, and planned placement date. Keep it separate from RoHS exemption and retention dates, then use the earliest unsatisfied release condition.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
RoHS non-conformity can require corrective measures, withdrawal or recall where appropriate, notification to competent national authorities, and cooperation with authority requests for information and documentation.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
EU market surveillance source for authority checks, cooperation, corrective measures, and penalties under Union harmonisation legislation.
market surveillance and compliance of products
Battery economic operators must take corrective measures, withdraw or recall non-conforming batteries where appropriate, notify the relevant authorities, and cooperate with requests. Market-surveillance authorities can require corrective action and restrict, prohibit, withdraw, or recall batteries; Member States set penalties.
Articles 38-46 and 79-83 establish economic-operator corrective duties and the battery market-surveillance procedure.
Run two cited authority-response tracks. Identify affected EEE and battery models, markets, batches, roles, provisions, evidence, customer notices, corrective actions, withdrawals or recalls, and authority notifications without assuming one track closes the other.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
RoHS can reuse supplier and material evidence only where it demonstrates the RoHS Article 4 substance conclusion for the covered EEE, component, cable, or spare part.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Official decision publishing EN IEC 63000:2018 as the harmonised standard for RoHS technical documentation.
technical documentation required for assessing materials
Battery teams can reuse the BOM, supplier identity, material data, test reports, and product identifiers when those records also meet a battery provision. A battery EU declaration, CE assessment, passport, or producer record remains separate from the RoHS conclusion.
Battery technical documentation, EU declaration, CE marking, information, passport, and producer records remain tied to the Regulation's battery duties.
Use a bridge record that names the shared fact, the RoHS provision it supports, the battery provision it supports, and any gap. Customer statements should identify the law and battery model rather than claiming that one declaration proves both.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Proceed under RoHS when the immediate question is EEE scope, Annex II substance limits, exemptions, CE marking, EU declaration, technical documentation, or market-surveillance evidence.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Proceed under the Batteries Regulation when the question concerns , restrictions, performance, durability, safety, removability, labelling, QR data, conformity, CE marking, passport, due diligence, producer registration, take-back, collection, treatment, or reporting.
Articles 1-3 and 96 support the separate battery scope, category, exclusion, and provision-specific timing assessment.
For combined products, record two scope decisions, two actor maps, and two evidence conclusions. Release only when every applicable RoHS and battery condition due on that date is closed or a documented exclusion or derogation applies.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Scope and covered activity
RoHS
RoHS applies to EEE falling within Annex I categories and uses the EEE definition based on dependence on electric currents or electromagnetic fields for at least one intended function.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Batteries Regulation
Regulation (EU) 2023/1542 applies to every , including batteries incorporated into or added to products, subject to its military and space exclusions. For equipment specifically designed for nuclear-installation safety, Article 1(6) disapplies only Chapters III and VIII. It classifies batteries as portable, starting-lighting-ignition, light-means-of-transport, electric-vehicle, or industrial.
Articles 1-3 support coverage of batteries incorporated into products, the exclusions, and the five battery categories.
Operational implication
Classify the finished EEE under RoHS and classify the battery under Article 3. Record any exclusion or category-specific derogation separately; the battery's incorporation into EEE does not remove it from battery scope.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Who must act
RoHS
RoHS names manufacturers, authorised representatives, importers, and distributors as economic operators, with manufacturer duties for design, technical documentation, EU declaration, CE marking, corrective action, and authority cooperation.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
electrical and electronic equipment
Batteries Regulation
The Batteries Regulation assigns product duties to battery manufacturers, authorised representatives, importers, and distributors, and waste duties to producers and producer-responsibility organisations. A business can hold different RoHS and battery roles for the same combined product.
Articles 3, 38-46, and 54-58 define battery actors and assign product and extended-producer-responsibility duties.
Operational implication
Map the legal role per product, battery, Member State, and sales route. Assign product-conformity evidence and extended-producer-responsibility records to the owners named by the applicable provisions.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
electrical and electronic equipment
Trigger or threshold
RoHS
RoHS is triggered by placing covered EEE on the EU market and by assessing whether its homogeneous materials exceed Annex II maximum concentration values or rely on an exemption.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Batteries Regulation
Battery duties turn on facts such as making a battery available or putting it into service, and capacity, incorporation into a product, economic-operator role, and the application date of the specific provision. Waste duties also depend on producer status and the Member State market.
Articles 3 and 6-14, Chapters IV, VI, VII and VIII, and Article 96 support the category-, role-, capacity-, and date-specific battery triggers.
Operational implication
Route the same launch to RoHS for the EEE and to a provision-by-provision battery assessment. Record the placement or putting-into-service date and do not use one generic battery effective date.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Core obligations
RoHS
RoHS requires manufacturers to ensure EEE is designed and manufactured in accordance with Article 4, draw up technical documentation, carry out internal production control, draw up an EU declaration of conformity, and affix CE marking when conformity is demonstrated.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Official decision publishing EN IEC 63000:2018 as the harmonised standard for RoHS technical documentation.
technical documentation required for assessing materials
Batteries Regulation
Depending on category and date, the Batteries Regulation can require substance controls, carbon-footprint and recycled-content information, performance and durability, removability and replaceability, safety, conformity assessment, an EU declaration, CE marking, labels and QR data, a battery passport, due diligence, producer registration, take-back, collection, treatment, and reporting.
Binding source for battery sustainability, safety, conformity, information, due-diligence, and waste duties, each subject to its stated scope and application date.
Operational implication
Build the RoHS action list from Articles 4 and 7, then build the battery action list from the provisions that match the category, actor, capacity, and date. Close both before the combined product's release gate.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Official decision publishing EN IEC 63000:2018 as the harmonised standard for RoHS technical documentation.
technical documentation required for assessing materials
Evidence and records
RoHS
RoHS evidence should include the EEE scope decision, homogeneous-material assessment, Annex II substance matrix, exemption record where used, supplier declarations, relevant test or assessment evidence, EN IEC 63000 technical documentation, EU declaration of conformity, and change records.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS harmonised-standards page for the OJEU reference to EN IEC 63000 technical documentation.
Restriction of the use of certain hazardous substances
Batteries Regulation
Battery evidence can include category and scope rationale, Annex VIII technical documentation, applicable test and calculation records, conformity-assessment output, EU declaration, CE marking, labels and QR data, passport records, supply-chain due-diligence records, producer registration, take-back, collection, treatment, and reporting evidence.
Articles 17-20, 38-46, 48-52, 55-76, 77-78, and Annex VIII establish the main battery evidence and record streams.
Operational implication
Use a shared index only if every record identifies the battery model, applicable provision, category, version, responsible operator, validity period, and whether it proves RoHS, battery compliance, both, or background facts only.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS harmonised-standards page for the OJEU reference to EN IEC 63000 technical documentation.
Restriction of the use of certain hazardous substances
Timing and cadence
RoHS
RoHS timing includes the market-placement point, 10-year availability of technical documentation and EU declarations for relevant economic operators, exemption renewal applications no later than 18 months before expiry, and review when standards, design, or suppliers change.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission implementation page for RoHS exemptions, renewal handling, and assessment studies.
Exemptions are limited in time
Batteries Regulation
The Regulation applies generally from 18 February 2024, with Article 17 conformity assessment and Chapter VI economic-operator rules from 18 August 2024, subject to the Article 17(2) transition. Article 11 removability and replaceability, QR-code duties, and battery passports start on 18 February 2027 for their stated scope. Regulation (EU) 2025/1561 moved battery due diligence to 18 August 2027. Other duties use category-specific dates and may depend on later acts.
Binding amendment replacing the Article 48 due-diligence start date with 18 August 2027.
Operational implication
Maintain a battery obligation calendar by article, category, dependency, and planned placement date. Keep it separate from RoHS exemption and retention dates, then use the earliest unsatisfied release condition.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission implementation page for RoHS exemptions, renewal handling, and assessment studies.
Exemptions are limited in time
Enforcement or assurance route
RoHS
RoHS non-conformity can require corrective measures, withdrawal or recall where appropriate, notification to competent national authorities, and cooperation with authority requests for information and documentation.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
EU market surveillance source for authority checks, cooperation, corrective measures, and penalties under Union harmonisation legislation.
market surveillance and compliance of products
Batteries Regulation
Battery economic operators must take corrective measures, withdraw or recall non-conforming batteries where appropriate, notify the relevant authorities, and cooperate with requests. Market-surveillance authorities can require corrective action and restrict, prohibit, withdraw, or recall batteries; Member States set penalties.
Articles 38-46 and 79-83 establish economic-operator corrective duties and the battery market-surveillance procedure.
Operational implication
Run two cited authority-response tracks. Identify affected EEE and battery models, markets, batches, roles, provisions, evidence, customer notices, corrective actions, withdrawals or recalls, and authority notifications without assuming one track closes the other.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
EU market surveillance source for authority checks, cooperation, corrective measures, and penalties under Union harmonisation legislation.
market surveillance and compliance of products
Overlap and reuse
RoHS
RoHS can reuse supplier and material evidence only where it demonstrates the RoHS Article 4 substance conclusion for the covered EEE, component, cable, or spare part.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Official decision publishing EN IEC 63000:2018 as the harmonised standard for RoHS technical documentation.
technical documentation required for assessing materials
Batteries Regulation
Battery teams can reuse the BOM, supplier identity, material data, test reports, and product identifiers when those records also meet a battery provision. A battery EU declaration, CE assessment, passport, or producer record remains separate from the RoHS conclusion.
Battery technical documentation, EU declaration, CE marking, information, passport, and producer records remain tied to the Regulation's battery duties.
Operational implication
Use a bridge record that names the shared fact, the RoHS provision it supports, the battery provision it supports, and any gap. Customer statements should identify the law and battery model rather than claiming that one declaration proves both.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Official decision publishing EN IEC 63000:2018 as the harmonised standard for RoHS technical documentation.
technical documentation required for assessing materials
Practical decision rule
RoHS
Proceed under RoHS when the immediate question is EEE scope, Annex II substance limits, exemptions, CE marking, EU declaration, technical documentation, or market-surveillance evidence.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Commission RoHS guidance used for the batteries-out-of-RoHS point, open-scope explanation, CE marking timing, and practical scope questions.
RoHS does not apply to batteries and accumulators
Batteries Regulation
Proceed under the Batteries Regulation when the question concerns , restrictions, performance, durability, safety, removability, labelling, QR data, conformity, CE marking, passport, due diligence, producer registration, take-back, collection, treatment, or reporting.
Articles 1-3 and 96 support the separate battery scope, category, exclusion, and provision-specific timing assessment.
Operational implication
For combined products, record two scope decisions, two actor maps, and two evidence conclusions. Release only when every applicable RoHS and battery condition due on that date is closed or a documented exclusion or derogation applies.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Binding source for the separate battery scope, category, product-duty, information, due-diligence, and waste-battery assessment described in the decision rule.
1
Section 1
What this RoHS comparison can and cannot prove
RoHS is a sector-specific EEE law. It applies to electrical and electronic equipment in Annex I categories and, where covered, to cables and spare parts for repair, reuse, functional updates, or capacity upgrades. Its substance limits are assessed at homogeneous-material level against Annex II.
The RoHS guidance confirms that batteries and accumulators used in EEE are outside RoHS. The Batteries Regulation applies to all categories of batteries, including batteries incorporated into or added to products, subject to its exclusions. It distinguishes portable, starting-lighting-ignition, light-means-of-transport, electric-vehicle, and industrial batteries. Article 1(5) excludes specified military and space batteries. Article 1(6) disapplies only Chapters III and VIII for equipment specifically designed for the safety of nuclear installations; it is not a blanket exclusion from the Regulation. Batteries incorporated into ordinary EEE remain covered.
Use RoHS for EEE scope, Annex II restricted substances, homogeneous-material thresholds, exemptions, CE marking, EU declaration of conformity, and technical documentation.
For the battery, assess the applicable category and dates for substance restrictions, performance and durability, safety, removability and replaceability, labelling and QR code information, conformity assessment and CE marking, battery passport, supply-chain due diligence, and waste responsibilities.
When a product contains both EEE and a battery, keep one evidence index but tag each record to the law it actually supports.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Binding source for battery scope and categories, product requirements, conformity assessment, CE marking, information duties, supply-chain due diligence, and waste-battery responsibilities. Individual duties apply on the dates specified in the Regulation and later amendments.
Binding amendment replacing the Article 48 battery due-diligence start date with 18 August 2027.
2
Section 2
RoHS evidence that should stay distinct from battery evidence
For RoHS, the reviewer needs to see the finished EEE scope decision, the homogeneous materials assessed, the Annex II substance matrix, any Annex III or IV exemption relied on, and how conformity was demonstrated before CE marking and the EU declaration of conformity.
EN IEC 63000 is the harmonised standard reference for RoHS technical documentation. It helps structure material, component, and supplier evidence for restricted-substance assessment; it does not turn a RoHS evidence file into a battery compliance file.
Keep bills of materials (BOMs), material declarations, supplier declarations, exemption justifications, screening or test reports, and change-control records with the RoHS technical documentation.
Keep the EU declaration of conformity and technical documentation for the RoHS retention period required of manufacturers, and keep importer and authorised-representative availability duties separate from supplier collection tasks.
Add a boundary note for products with batteries: RoHS evidence supports the EEE substance restriction conclusion only; battery-specific claims need their own cited record.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Practical intake questions for products with batteries
At intake, determine whether the product contains covered EEE, classify the battery, and assign an owner to each evidence file before release, customer assurance, or authority response. For the battery, record whether the business is a manufacturer, importer, distributor, producer for waste-battery duties, or another economic operator; the roles and duties do not map automatically from RoHS.
Apply the Batteries Regulation by provision and date. It has applied generally since 18 February 2024; Article 17 on conformity assessment and Chapter VI on economic operators applied from 18 August 2024, subject to the separate Article 17(2) transition; Article 11 removability and replaceability applies from 18 February 2027; QR-code and battery-passport duties also start from 18 February 2027 for the battery classes specified in Articles 13 and 77. Regulation (EU) 2025/1561 moved the Article 48 battery due-diligence start to 18 August 2027. Other carbon-footprint, recycled-content, labelling, performance, waste, and information duties have their own category-specific dates and sometimes depend on delegated or implementing acts, so the file must cite the provision used rather than a single "Batteries Regulation date."
Ask these questions at product intake, supplier change, battery redesign or replacement, material change, RoHS exemption review, and customer-documentation request stages so evidence reuse stays controlled.
Is the product EEE under RoHS, and is any Article 2 exclusion being claimed?
Which Batteries Regulation category applies, and does an Article 1 exclusion or a category-specific derogation affect the battery?
Which homogeneous materials, components, cables, or spare parts are covered by the RoHS assessment?
Which battery duties are live on the planned placement or putting-into-service date: substance restrictions, safety, performance and durability, removability and replaceability, labelling, QR code, conformity assessment, CE marking, passport, due diligence, producer registration, take-back, or waste reporting?
Which documents support RoHS conformity, and which support battery conformity: category rationale, technical documentation, test reports, EU declaration, CE record, labels, QR data, passport data, due-diligence record, producer registration, or waste records?
What change would reopen the RoHS file: supplier substitution, material change, exemption expiry, harmonised-standard change, test result, recall, or authority request?
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.
Binding source for battery scope, categories, product and economic-operator duties, conformity assessment, information, battery passports, due diligence, extended producer responsibility, waste batteries, application dates, and transitions.
Binding source for battery scope and categories, product requirements, conformity assessment, CE marking, information duties, supply-chain due diligence, and waste-battery responsibilities. Individual duties apply on the dates specified in the Regulation and later amendments.
Articles 1-3 support coverage of batteries incorporated into products, the exclusions, and the five battery categories.
Show 9 more
Articles 3, 38-46, and 54-58 define battery actors and assign product and extended-producer-responsibility duties.
Articles 3 and 6-14, Chapters IV, VI, VII and VIII, and Article 96 support the category-, role-, capacity-, and date-specific battery triggers.
Binding source for battery sustainability, safety, conformity, information, due-diligence, and waste duties, each subject to its stated scope and application date.
Articles 17-20, 38-46, 48-52, 55-76, 77-78, and Annex VIII establish the main battery evidence and record streams.
Articles 11, 13, 77, and 96 establish the cited application dates and staged battery duties.
Articles 38-46 and 79-83 establish economic-operator corrective duties and the battery market-surveillance procedure.
Battery technical documentation, EU declaration, CE marking, information, passport, and producer records remain tied to the Regulation's battery duties.
Articles 1-3 and 96 support the separate battery scope, category, exclusion, and provision-specific timing assessment.
Binding source for the separate battery scope, category, product-duty, information, due-diligence, and waste-battery assessment described in the decision rule.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests. Consolidations are documentation tools; the Official Journal acts are the authentic legal texts.
Binding RoHS source for EEE scope, Article 4 substance restrictions, homogeneous-material thresholds, economic-operator duties, EU declarations of conformity, CE marking, and authority requests.