Comparison between Directive 2006/66/EC And Regulation (EU) 2023/1542

1. Legal Form

• Directive 2006/66/EC: As a directive, it required transposition into national laws, leading to differences in implementation among Member States.

• Regulation 2023/1542: As a regulation, it is directly applicable in all EU Member States, ensuring uniformity and avoiding fragmentation.

2. Scope

• 2006/66/EC: Focused mainly on the collection, treatment, and recycling of waste batteries.

• 2023/1542: Covers the entire battery lifecycle — from design, performance, safety, and removability, to second life use, recycling, and waste management.

3. Performance and Durability

• 2006/66/EC: Contained no minimum performance or durability standards.

• 2023/1542: Introduces minimum performance and durability requirements, such as capacity retention and service life (details to be specified by delegated acts).

4. Removability and Replaceability

• 2006/66/EC: No binding requirements for battery removability.

• 2023/1542: Requires that portable batteries in appliances must be removable and replaceable by end-users or qualified professionals, with certain exceptions.

5. Labelling and Information Disclosure

• 2006/66/EC: Required basic labelling (e.g., recycling symbols, hazardous substances).

• 2023/1542: Expands labelling obligations and introduces the Battery Passport — a digital record (via QR code) for industrial, EV, and large-scale batteries containing key sustainability and safety information.

6. Collection and Recycling Targets

• 2006/66/EC: Set general collection and recycling efficiency targets.

• 2023/1542: Raises collection targets and introduces specific material recovery targets for critical raw materials such as lithium, cobalt, nickel, and lead, with phased increases over time.

7. Carbon Footprint and Sustainability

• 2006/66/EC: Did not address carbon footprint or raw material sourcing.

• 2023/1542: Requires calculation and disclosure of the carbon footprint of batteries; mandates responsible sourcing and due diligence for raw materials, aligning with EU Green Deal goals.

8. Producer Responsibility

• 2006/66/EC: Producers mainly responsible for collection and recycling.

• 2023/1542: Expands Extended Producer Responsibility (EPR) obligations to cover design, information disclosure, sustainability compliance, and end-of-life management.

9. Enforcement and Penalties

• 2006/66/EC: Left penalties to Member States, resulting in inconsistencies.

• 2023/1542: Requires Member States to establish effective, proportionate, and dissuasive penalties by August 2025, with stronger market surveillance mechanisms.

10. Implementation Timeline

• 2006/66/EC: Entered into force in 2006 with phased national implementation.

• 2023/1542: Entered into force on 18 August 2023, with a phased application of various obligations between 2024 and 2030 (e.g., performance standards, battery passport, collection targets).

Summary:
The new Regulation (EU) 2023/1542 replaces Directive 2006/66/EC, shifting from a waste-management focus to a comprehensive lifecycle approach. It introduces binding rules on sustainability, performance, carbon footprint, and digital traceability, ensuring a harmonized framework across the EU battery market.