Second-Life Batteries: Repurposing, Remanufacturing and Preparing for Re-Use under the Battery Regulation

These rules sit in Regulation (EU) 2023/1542 concerning batteries and waste batteries (OJ L 191, 28.7.2023), which entered into force on 17 August 2023 (Article 96(1)) and has applied since 18 February 2024 (Article 96(2)). The Regulation is directly applicable, so the second-life provisions of the EU Battery Regulation bind operators without national transposition.

The sections below follow the operator from its operation to the market: roles, the product requirements that apply again, producer responsibility, the new passport, state-of-health data, the end-of-waste evidence of Article 73 and the dates. Each rule carries the article and paragraph behind it.

What the EU Rules Mean by a Second-Life Battery

Regulation (EU) 2023/1542 defines a second-life battery through four operations in Article 3(1), points (29) to (32), and Article 3(1), point (1), counts a battery that has undergone any of them as a battery. Every rule written for batteries therefore reaches a second-life battery too.

The same four operations shape the operator definitions. An economic operator under Article 3(1), point (22), includes any person with obligations relating to these operations, and an independent operator under point (23) includes persons involved in repurposing, waste management operators and repairers. The waste side is covered under waste batteries under the EU Battery Regulation.

Preparation for Re-Use, Repurposing and Remanufacturing Defined

Preparation for repurposing starts from a waste battery, repurposing starts from a battery that is not a waste battery, and remanufacturing starts from a used battery. Preparation for re-use takes its meaning from Article 3, point (16), of Directive 2008/98/EC on waste (Article 3(1), point (29)).

The result separates the operations. Preparation for repurposing and repurposing lead to a battery, or parts of it, used for a purpose or application other than the one it was originally designed for (Article 3(1), points (30) and (31)). Remanufacturing returns the battery to the same purpose or application (point (32)).

Recital 118 gives the typical case: industrial and electric vehicle batteries no longer fit for their original purpose can serve a different one, such as stationary energy storage. Each such used battery should undergo an assessment of its state of health and available capacity. The table sets out the four definitions.

Table 1: The four second-life operations; all 68 definitions are listed under battery regulation definitions.

Remanufacturing: The 90 % Capacity and 3 % Cell Threshold

Remanufacturing under Article 3(1), point (32), requires disassembly and evaluation of all cells and modules, restoration to at least 90 % of the original rated capacity, a state-of-health difference of no more than 3 % between cells, and use for the original purpose or application. New, used or recovered cells may go into the battery.

Recital 17 calls remanufacturing "an extreme case of re-use", and the restoration of at least 90 % of the capacity distinguishes it from re-use. An operation that misses either threshold is not remanufacturing within point (32), even when the battery returns to its original application.

Why a Repurposed or Remanufactured Battery Counts as a New Product

Recital 16 states that batteries subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing are placed on the market anew, and a used battery imported from a third country is placed on the market when it first enters the Union. The market-access rules therefore attach a second time.

Article 38(11) names the person who answers for that new placing. Operators that carry out one of the four operations and place the battery on the market or put it into service are considered manufacturers. The status attaches to the placing, not to the technical operation alone.

Producer status follows a different trigger. Under Article 56(2), the operator that first makes the battery available in a member state after the operation is its producer. One operator can hold both roles, but the two duties start at different moments.

Category Change: When a Repurposed EV Battery Becomes Industrial

A battery intended for industrial uses after preparation for repurposing or repurposing is an industrial battery under Article 3(1), point (13), so an EV battery repurposed for an industrial use becomes an industrial battery. Recital 15 adds that home energy storage batteries are industrial.

Article 45(2) requires the operator to comply taking into account that the battery might fall under a different category. The Regulation knows five categories (Article 1(3)): portable, LMT, SLI, industrial and electric vehicle batteries. A battery repurposed for an industrial use follows the rules for industrial batteries.

Article 45 Duties of Repurposers and Remanufacturers

Article 45 places three duties on economic operators that place on the market or put into service a battery that has been prepared for re-use, prepared for repurposing, repurposed or remanufactured, and all three have applied since 18 August 2024. The three duties are listed below.

• Quality control: examination, performance testing, packing and shipment of the batteries and their components follow adequate quality control and safety instructions (Article 45(1)).
• Compliance: the battery meets the Regulation and "any relevant product, environmental, human health protection and transport safety requirements in other Union law", allowing for a change of category (Article 45(2)).
• Remanufacturing proof: remanufacturers show market surveillance authorities, on request, documentation that the battery was remanufactured in accordance with the Regulation (Article 45(2)).

The date comes from Article 96(2), point (b), which applies all of Chapter VI, Articles 38 to 46, from the same day. Article 45 therefore started together with the obligations of manufacturers, importers, distributors and authorised representatives in that chapter.

Article 45 is not the whole duty set. Because Article 38(11) makes the operator a manufacturer, the obligations of Article 38 apply as well, from the declaration of conformity to the contact details on the battery. They are explained under battery manufacturer obligations.

Which Product Requirements Apply Again and Which Do Not

A second-life battery is assessed again against the substance, performance, safety, labelling and state-of-health requirements, but the carbon footprint, recycled content and due diligence rules do not apply where the battery was already placed on the market or put into service before the operation.

Each carve-out sits in its own provision. Article 7(5) excludes Article 7(1) to (3), Article 8(4) excludes Article 8(1) to (3), and Article 47, second paragraph, excludes Chapter VII. Article 10(4) carves the Article 10(1) to (3) performance values out for batteries already placed on the market or put into service.

Stationary storage keeps one extra step. Under Article 12(2), the technical documentation of a stationary battery energy storage system is reviewed if the system is prepared for re-use, prepared for repurposing, remanufactured or repurposed. The table shows each requirement for a second-life battery.

Table 2: Product requirements for batteries after preparation for re-use, preparation for repurposing, repurposing or remanufacturing.

Module A Conformity Assessment and New Labels

Article 17(3) subjects a second-life battery to an additional conformity assessment under Module A, covering Articles 6, 9, 10, 12, 13 and 14. Module A is internal production control under Annex VIII, Part A, so no notified body takes part, and the operator carries out the assessment as manufacturer.

Module A rests on technical documentation. Annex VIII, Part A, point 2, lists its minimum content, including a description of the battery, a specimen of the Article 13 label and test reports. One EU declaration of conformity is drawn up per battery model (point 4).

The battery also carries new marks. Article 13(9) requires new labels or markings with information on the change of status, made accessible through the QR code, so the next user sees that the battery has been repurposed or remanufactured. The general rules are explained under battery labelling.

Producer Responsibility after Repurposing: Article 56(2)

Under Article 56(2), the operator that first makes a battery available in a member state after preparation for re-use, preparation for repurposing, repurposing or remanufacturing is the producer of that battery and carries extended producer responsibility. Responsibility for the second life does not stay with the original producer.

Chapter VIII, which holds Article 56, has applied since 18 August 2025 under Article 96(2), point (c). The second-life producer registers in each member state where it first makes a battery available (Article 55(2)), so an operator selling in three member states registers three times.

Producer status brings the full EPR package: the collection, treatment, information and reporting costs of Article 56(4), compliance alone or through a producer responsibility organisation appointed under Article 57(1), and the annual report under Article 75. Each duty is set out under battery EPR.

Cost Sharing with the Original Producer

Article 56(5) lets the original producer and the second-life producer set up a cost-sharing mechanism for the costs in Article 56(4), points (a), (c) and (d), and the first producer bears no additional costs. Those points cover collection, transport and treatment net of revenues, Article 74 information and Article 75 reporting.

Fees can reward second life. Producer responsibility organisations may modulate fees by preparation for re-use or repurposing, repurposing or remanufacturing (Article 57(2)(a)) and adjust contributions for revenues from these operations (Article 57(2)(b)). Producers also report batteries delivered for preparation for re-use or repurposing (Article 75(1)(g) and Article 75(2)(b)).

A New Passport for Repurposed and Remanufactured Batteries

From 18 February 2027, an LMT battery, an industrial battery with a capacity greater than 2 kWh or an EV battery that is prepared for re-use, prepared for repurposing, repurposed or remanufactured receives a new battery passport linked to the passport or passports of the original battery (Article 77(7)). The original passport is not transferred.

Responsibility for the new passport moves with the battery. Article 77(7) places it on the economic operator that places the second-life battery on the market or puts it into service, the operator that Article 38(11) makes the manufacturer. Scope and contents are explained under EU battery passport.

The Commission's battery passport FAQ draws two lines, as guidance rather than law. A simple repair does not require a new battery passport (point 9.2). A battery placed on the market before 18 February 2027 and remanufactured after that date requires a passport (point 9.4).

The passport ends with recycling: it ceases to exist after the battery has been recycled (Article 77(8)). Once the battery becomes waste, Article 77(7) shifts responsibility for the passport to the producer, the producer responsibility organisation appointed under Article 57(1) or the waste management operator selected under Article 57(8).

Passport Status Values and the Link to the Original Passport

Annex XIII, point 4(c), gives each passport a status of original, repurposed, re-used, remanufactured or waste. Point 4(a) adds the performance and durability values at placing on the market and on a change of status, and point 4(b) the state of health under Article 14.

Point 4 is accessible only to persons with a legitimate interest (Article 77(2), second subparagraph). Dismantling information, including safety measures and detailed composition, counts as essential for repairers, remanufacturers, second-life operators and recyclers (Article 77(2), third subparagraph, point (a)). Each attribute is listed under battery passport data.

Access to State-of-Health and BMS Data for Repurposing

Since 18 August 2024, the battery management system of every stationary battery energy storage system, LMT battery and EV battery must hold up-to-date state-of-health and expected-lifetime data, with read-only access for the legal purchaser and third parties acting on its behalf (Article 14(1) and (2)). The access is non-discriminatory and available at any time.

Article 14(2) names the third parties: independent operators and waste management operators acting on the purchaser's behalf. Its purposes include evaluating the residual value and remaining lifetime of the battery and enabling preparation for re-use, preparation for repurposing, repurposing or remanufacturing.

The battery management system includes a software reset function, and the original manufacturer is not liable for breaches attributable to software uploaded after placing on the market (Article 14(3)). For EV batteries, the state-of-health parameter is the state of certified energy (SOCE), Annex VII, Part A, explained under state of health.

Passport access rights are to be set by an implementing act under Article 77(9), due by 18 August 2026. As of 13 November 2026 it is a draft in inter-service consultation, Ares(2026)9814179, published on 19 October 2026 with feedback until 16 November 2026. Its criteria include residual value and capability for further use (Article 77(9)(a)).

When a Used Battery Stops Being Waste: Article 73

A waste LMT, industrial or EV battery prepared for re-use or prepared for repurposing is no longer waste only if its holder can demonstrate, at the request of a competent authority, a state-of-health evaluation or test carried out in a member state, further use documented by an invoice or contract, and protection against damage during transport, loading and unloading (Article 73(1)).

The holder also passes on what it knows. Article 73(2) requires the state-of-health information to be made available to end-users and third parties acting on their behalf, on equal terms, with the battery documentation. Under Article 73(3), both duties respect the confidentiality of commercially sensitive information.

Article 73(4) lets the Commission set detailed technical and verification requirements by implementing act, a power that recital 118 explains. As of 13 November 2026 that act has not been adopted, and the Commission has no Have Your Say initiative for it. Its status is tracked beside the other battery regulation implementing acts.

Article 73 has applied since the Chapter VIII date set out above. Under Article 71(1), each permitted facility ensures that every waste battery made available to it is accepted and undergoes preparation for re-use, preparation for repurposing or recycling. The table lists the evidence.

Table 3: Article 73 end-of-waste evidence for second-life batteries.

Which Battery Categories the End-of-Waste Route Covers

Article 73 names three categories: waste LMT batteries, waste industrial batteries and waste electric vehicle batteries. It does not name waste portable or SLI batteries. Treatment under Article 3(1), point (53), includes preparation for re-use and preparation for repurposing once a waste battery is handed over to a facility.

A used battery shipped for re-use needs proof that it is not waste. Annex XIV, point 1, asks for an invoice and contract stating direct re-use, test records for every battery, a declaration that nothing is waste and protection against damage. The export rules are covered under shipping waste and used batteries.

Dates That Apply to Second-Life Operators

Four application dates govern second-life batteries: 18 February 2024 (general application), 18 August 2024 (Article 45, Article 17 and Article 14), 18 August 2025 (Article 56(2) and Article 73) and 18 February 2027 (the new passport). Only the passport date lies ahead as of 13 November 2026.

The table adds the entry into force and the end of feedback on the draft Article 77(9) act. Article 77(7) runs with the passport obligation, so a passport battery repurposed or remanufactured from 18 February 2027 receives a new passport linked to the original.

Table 4: Second-life dates; every other date is listed in the EU Battery Regulation timeline.

How to Place a Second-Life Battery on the EU Market

Placing a second-life battery on the market follows the manufacturer's route, so plan the operation, the paperwork and the producer registration before the first unit ships. The seven steps below follow the order in which an operator meets the second-life rules.

1. Confirm which battery category applies after the operation.
2. Obtain state-of-health data from the battery management system (Article 14(2)) and keep the test records of Article 73(1)(a).
3. Set quality control and safety instructions (Article 45(1)).
4. Run the Module A battery conformity assessment (Article 17(3)).
5. Relabel the battery with change-of-status information (Article 13(9)).
6. Complete battery producer registration in each member state of first availability and plan battery EPR reporting under Article 75.
7. Create the linked passport from 18 February 2027 for LMT batteries, EV batteries and industrial batteries with a capacity greater than 2 kWh.

Keep the file ready for inspection. Remanufacturers hold the proof described under Article 45 above for market surveillance requests, and every operator, as manufacturer, keeps the EU declaration of conformity for 10 years under Article 38(4). The technical documentation of the Module A assessment belongs in the same file.

Need help placing a second-life battery on the market? The full sequence by role and category is set out under battery regulation compliance programme.

National Rules, Pending Proposals and Neighbouring Laws for Second-Life Batteries

Germany, France and the Netherlands add national duties for second-life operators on top of the Regulation, from handover rules to criminal offences. The three provisions below each attach to an operator role or a duty described on this page.

• Germany: § 21(3) BattDG (Battery Law Implementation Act) requires remanufacturing and repurposing operators to hand waste SLI, industrial or electric vehicle batteries from their operations to an authorised producer responsibility organisation or a selected waste management operator; see EU Battery Regulation in Germany.
• France: Article R. 543-124 of the Code de l'environnement makes operators that first place second-life batteries on the French market producers, and Article R. 543-129 makes breaches of Article 45 fifth-class contraventions; see EU Battery Regulation in France.
• Netherlands: Article 14 of the implementing decree for Chapter VIII (Stb. 2026, 258) prohibits acting contrary to Article 73(1) and (2); see EU Battery Regulation in the Netherlands.

Second life ends in recycling, where the passport ceases as set out above. Recyclers must reach the recycling efficiency and material recovery targets of Annex XII (Article 71(2)), calculated under Delegated Regulation (EU) 2025/606 (Article 71(3)). Those targets are set out under battery recycling.

Remanufacturing is also defined in the EU ecodesign rules for other products, and that definition is separate from the battery definition in Article 3(1), point (32). For a battery, only the Regulation's own 90 % capacity and 3 % cell thresholds decide whether an operation counts as remanufacturing.

The proposal COM(2025) 981 of 10 December 2025 (procedure 2025/0397(COD)) is pending at the stage "Awaiting committee decision", indicative plenary 14 December 2026 (OEIL, as of 13 November 2026). It would amend Article 3(1), point (47)(d), Article 11(5), Article 76(4) and Annex VI, Part A, point 8.

National second-life rules are covered here for Germany, France and the Netherlands as of 13 November 2026; each other country page sets out that country's own implementing law. Changes to the Regulation itself, including every pending proposal, are tracked under battery regulation amendments.

Second-Life Questions

Five questions recur about second-life batteries under the Regulation.

Is a second-life battery a new product under EU law?

Yes: recital 16 treats it as placed on the market anew, and Article 38(11) makes the operator its manufacturer. The requirements in the product requirements table apply again, except the carbon footprint, recycled content, Article 10 performance and due diligence carve-outs.

Does a repaired battery need a new passport?

No: the Commission's battery passport FAQ (point 9.2) states that a simple repair does not require a new battery passport. A new passport follows from the four operations named in Article 77(7): preparation for re-use, preparation for repurposing, repurposing or remanufacturing.

Do carbon footprint and recycled content rules apply to repurposed batteries?

No, where the battery was placed on the market or put into service before the operation: Article 7(5) and Article 8(4) exclude it. Safety, labelling and state-of-health rules still apply through the Module A assessment of Article 17(3).

Who is the producer of a repurposed battery?

The operator that first makes the repurposed battery available in a member state is its producer under Article 56(2). It registers in that member state and carries the collection, treatment and reporting duties of a battery producer.

Who can read the state-of-health data of a used EV battery?

The legal purchaser and any third party acting on its behalf, including independent operators and waste management operators, have read-only access to the battery management system under Article 14(2). For electric vehicle batteries, the state-of-health parameter is the state of certified energy (SOCE).