EU Battery Regulation Scope: The Five Battery Categories and the Exclusions

The category, not the chemistry, then decides most product obligations.

Batteries inside products are covered as well. Two exclusions, for defence and space equipment, and one partial carve-out for nuclear safety equipment limit that reach. The scope is set by Article 1 of the EU Battery Regulation, which entered into force on 17 August 2023 and has applied since 18 February 2024.

The sections below map Article 1 and the five category definitions of Article 3(1): how a battery is sorted into one category, when the strictest category wins, what changes after repurposing, which obligations follow from each category and what is pending as of 13 November 2026.

The Five Battery Categories at a Glance

The Regulation sorts every battery into one of five categories defined in Article 3(1), points (9) to (14): portable batteries, LMT batteries, SLI batteries, industrial batteries and electric vehicle batteries. Each definition pairs a design purpose with a weight or design condition.

A portable battery is sealed and weighs 5 kg or less, and an LMT battery is sealed and weighs 25 kg or less.

Industrial covers "any other battery that weighs more than 5 kg". An electric vehicle battery powers category M, N or O vehicles, or category L vehicles where the battery weighs more than 25 kg.

The category is declared at registration in each Member State (Article 55(3)(c)) and printed on the battery as part of the general label (Annex VI, Part A, point 2). The portable battery of general use (point (10)) and the stationary battery energy storage system (point (15)) are sub-types, not extra categories.

Need help classifying and registering your batteries? Where the category sits among the other steps is set out under how to comply with the EU Battery Regulation.

What Article 1 Covers: Requirements, Batteries and Products

Article 1(1) of Regulation (EU) 2023/1542 lays down requirements on sustainability, safety, labelling, marking and information for placing batteries on the market or putting them into service in the Union, and minimum requirements for extended producer responsibility, the collection and treatment of waste batteries and reporting.

Article 1(2) adds two further sets of rules: battery due diligence obligations for economic operators placing batteries on the market or putting them into service, and requirements for green public procurement of batteries or of products incorporating them. Article 2 sets the objectives, and the chapter structure is explained under Regulation (EU) 2023/1542.

Article 1(3) then names the batteries: portable, SLI, LMT, electric vehicle and industrial batteries, "regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose". Only the exclusions of Article 1(5) and the carve-out of Article 1(6) narrow that reach.

Batteries Incorporated in Products

Article 1(3) also covers batteries incorporated into or added to products, or specifically designed to be. The producer definition follows the same line: batteries incorporated in appliances, light means of transport or other vehicles count in every limb of the producer definition (Article 3(1), point (47)).

The category follows the battery, not the product: a battery inside an appliance or a vehicle is classified by its own design, use and weight. Article 11 removability addresses the product maker directly, and the duties of equipment makers are set out under batteries in appliances, tools and vehicles.

How a Battery Is Sorted into One Category

Recital 15 of Regulation (EU) 2023/1542 distinguishes the categories by design and use, independently of battery chemistry, so the same lithium-ion cell chemistry can end up in any of the five categories.

Home energy storage batteries are industrial batteries, and e-bikes and e-scooters run on LMT batteries. Traction batteries of toy vehicles are portable batteries, while traction batteries for rail, waterborne and aviation transport and for off-road machinery remain industrial batteries, even though they move a vehicle.

The German register, stiftung elektro-altgeräte register, checks the categories in the order electric vehicle, LMT, SLI, industrial and portable on its battery assignment page, while the Commission's batteries page lists no guidance on battery categories (both checked on 12 November 2026). Every term used in the five definitions is listed under Battery Regulation definitions.

The Strictest-Category Rule and Loose Cells and Modules

For the purposes of Chapter II, a battery that can be considered to fall under more than one category is deemed to fall under the category with the strictest requirements (Article 1(3), second subparagraph). The rule settles overlaps for product requirements without merging the categories themselves.

Chapter II holds the sustainability and safety requirements of Articles 6 to 12, from substance limits to the safety of stationary battery energy storage systems. The strictest-category rule therefore does not reach producer registration, collection targets or labelling, which sit in other chapters and follow the battery's own category.

Battery cells or modules made available for end use without further incorporation or assembly are batteries in their own right (Article 1(4)).

They meet the requirements of the category they most resemble, and of the strictest one where several fit. The Chapter II duties that follow from each category are grouped under EU Battery Regulation requirements.

Exclusions: Defence, Space and Nuclear Safety Equipment

Article 1(5) of Regulation (EU) 2023/1542 excludes batteries incorporated into, or specifically designed to be incorporated into, equipment connected with the protection of Member States' essential security interests, arms, munitions and war material, and equipment designed to be sent into space.

The defence exclusion stops at products not intended for specifically military purposes, which stay in scope (Article 1(5)(a)). The wording also changed: the repealed Batteries Directive excluded batteries "used in" such equipment (Directive 2006/66/EC, Article 2(2)), while the Regulation looks at incorporation or specific design for incorporation.

Delegated Regulation (EU) 2026/1770, adopted on 14 July 2026 and in force since 11 November 2026, replaces Article 11(2) with eight derogations, points (a) to (h). These derogations exempt certain products from removability only and are not scope exclusions. They are explained under removability and replaceability.

Chapters III and IX do not apply to equipment specifically designed for the safety of nuclear installations as defined in Article 3 of Directive 2009/71/Euratom (Article 1(6)).

Corrigendum C1 (OJ L, 2024/90243, 17 April 2024) replaced the original "Chapters III and VIII". Labelling, marking and information (Articles 13 and 14) and the battery passport fall away; every other chapter applies.

Category Changes after Repurposing or Remanufacturing

A battery that has been prepared for re-use, prepared for repurposing, repurposed or remanufactured is still a battery under Article 3(1), point (1), and recital 16 treats it as placed on the market anew. The industrial definition expressly includes batteries intended for industrial uses after preparation for repurposing or repurposing (Article 3(1), point (13)).

Operators placing such a battery on the market must ensure that it complies with the Regulation and with "any relevant product, environmental, human health protection and transport safety requirements in other Union law", taking into account that it may fall under a different category (Article 45(2)). The full rules for second-life batteries sit on their own page.

Two documents start again with the battery: a new label under Article 13(9), with change-of-status information reachable through the QR code, and a new battery passport linked to the passport or passports of the original battery (Article 77(7)). Both follow from the new placing on the market.

Three requirements do not start again where the original battery was already placed on the market: the carbon footprint (Article 7(5)), recycled content (Article 8(4)) and due diligence (Article 47, second paragraph). Article 10(4) exempts performance and durability where the original battery was placed on the market before the Article 10 dates.

Which Obligations Follow from Each Category

The category decides most product obligations: the battery passport, the carbon footprint declaration, recycled content, removability and the collection target each apply to some categories only, while substance limits, conformity assessment, labelling and registration reach every category in some form.

Three duties do not depend on the category. Producers register in each Member State where they first make a battery available (Article 55(2)), every battery passes conformity assessment (Article 17), and due diligence exempts operators below EUR 40,000,000 net turnover unless their group exceeds it (Article 47). How categories are declared is set out under battery producer registration.

Four product requirements carry contingent dates: the carbon footprint declaration (Article 7), recycled content documentation (Article 8(1)), performance minimums (Articles 9 and 10(2)) and the Article 13(1) to (3) labels.

Each applies from a fixed date or a stated period after its act, whichever is the latest; as of 13 November 2026, none of those acts had been adopted.

Collection targets exist for portable and LMT batteries only (Articles 59(3) and 60(3)). SLI, industrial and electric vehicle batteries have no numeric target: producers take back all waste batteries of those categories free of charge (Article 61(1)). That take-back must not result in dismantling and collection costs for private, non-commercial users of industrial batteries.

When the Scope Applies and Pending Changes

The scope of Article 1 has applied since 18 February 2024 (Article 96(2)), while economic-operator duties have applied since 18 August 2024, waste management and producer duties since 18 August 2025, and removability applies from 18 February 2027. Each date is listed on the EU Battery Regulation timeline.

As of 13 November 2026, no adopted act changes Article 1 or Article 3(1), points (9) to (15). The Commission proposal COM(2025) 981 of 10 December 2025 leaves them untouched and is pending: the procedure file 2025/0397(COD) shows the ENVI stage "Awaiting committee decision" and an indicative plenary date of 14 December 2026.

By 30 June 2031, the Commission reports on extending the LMT category, in particular to non-wheeled vehicles (Article 94(5)). Its general review by the same date evaluates possible rechargeable and non-rechargeable portable sub-categories with separate collection targets (Article 94(1) and 94(2), point (e)).

Three Categories Became Five

Directive 2006/66/EC knew three types of battery: portable batteries, sealed and able to be hand-carried (Article 3(3)), automotive batteries (Article 3(5)) and industrial batteries, which included batteries used in any type of electric vehicle (Article 3(6)). The Regulation added the LMT and electric vehicle categories and replaced the automotive battery with the SLI battery.

The Directive is repealed with effect from 18 August 2025 (Article 95 of the Regulation), with its Article 11 kept until 18 February 2027. Its exclusions in Article 2(2) had no nuclear clause, so the Article 1(6) carve-out is new. The transitional rules are covered under Batteries Directive 2006/66/EC.

Battery Regulation Scope FAQ

Five questions recur when readers place a battery in or outside the Regulation; each answer names the article behind it.

Common Questions on Scope

These answers apply the text of Articles 1 and 3 and recital 15.

Does the Regulation apply to batteries already inside a product?

Yes: Article 1(3) covers batteries incorporated into or added to products, and batteries specifically designed for that. Which company carries which duty for the battery inside is set out under Battery Regulation obligations by role.

Is a home storage battery an industrial battery?

Yes: recital 15 names home energy storage among industrial uses, and the industrial definition sits in Article 3(1), point (13). Such a battery needs a battery passport from 18 February 2027 where its capacity is greater than 2 kWh (Article 77(1)).

Does the chemistry decide the battery category?

No: recital 15 sorts batteries by design and use, independently of chemistry, and Article 1(3) applies regardless of chemistry. Chemistry still matters elsewhere: producers declare it with the category at registration (Article 55(3)(c)), and the substance limits of Annex I depend on what a battery contains.

Is a battery of exactly 5 kg a portable battery?

Yes, if it is sealed, not designed specifically for industrial use and not an electric vehicle, LMT or SLI battery: Article 3(1), point (9), says 5 kg or less. A battery weighing more than 5 kg that fits no other category is an industrial battery (point (13)).

Are all military batteries outside the Regulation?

No: Article 1(5)(a) excludes only batteries for equipment connected with essential security interests, arms, munitions and war material, and keeps products not intended for specifically military purposes within its scope.