Batteries Regulation: proposed methodology for calculating recycled content

A draft delegated regulation supplementing Regulation (EU) 2023/1542 on batteries and waste batteries has been notified to the WTO. Required under Article 8(1), third subparagraph, the act was originally due for Commission adoption by 18 August 2026 and is currently slated for adoption in October 2026.

The draft establishes the methodology to calculate and verify the percentage of cobalt, lithium, and nickel present in active materials and recovered from battery manufacturing waste or post-consumer waste, as well as the percentage of lead present in batteries and recovered from waste. It also defines the documentation format required to substantiate the declared recycled content.

The methodology applies to industrial batteries with a capacity greater than 2 kWh (excluding those with exclusively external storage), electric vehicle (EV) batteries, starting, lighting, and ignition (SLI) batteries, and light means of transport (LMT) batteries.

Recycled content must be calculated per battery model, manufacturing year, and production facility, relying on a document-based traceability system designed to track materials from the entry of waste into the recycling plant through to their incorporation into a specific battery.

Manufacturers will need to collect the required information and supporting evidence throughout the supply chain. Records must be managed through digital tools, retained for at least ten years, and made available to notified bodies for verification purposes.

Additionally, the draft requires manufacturers to prepare a dedicated recycled content study for each battery model, manufacturing year, and plant location. This study must document the data used, calculations performed, and supporting evidence using a standardized format with designated reporting tables.

The obligation to declare and document recycled content will apply from 18 August 2028 or 24 months following the entry into force of the delegated regulation, whichever is later. Given the expected adoption in October 2026, application is likely to shift to two years after the act formally enters into force. The exact application date will be confirmed upon publication of the final text.

This draft provides the first concrete roadmap detailing the supply chain data manufacturers must collect, along with the precise framework for calculating, documenting, and verifying recycled content in batteries.