The Battery Regulation (EU) 2023/1542, Article 8, introduces the world's first mandatory minimum requirements for recycled content in batteries.
The requirements apply to four materials (cobalt, lead, lithium and nickel) and are phased in over two stages: declaration from 2028 and binding minimum shares from 2031. The battery types covered are EV batteries, SLI batteries and industrial batteries over 2 kWh. LMT batteries follow with a staggered timeline from 2033.
The requirements are not just environmental targets. They are strategic instruments intended to reduce the EU's dependence on primary raw material extraction and strengthen security of supply for the metals that drive the green transition.
The four materials and the exact targets
The regulation works with two stages of binding minimum requirements. The shares are set based on the expected availability of secondary raw materials and the technical maturity of the recycling sector.
- Phase 1 (from 18 August 2031): Cobalt 16%, lead 85%, lithium 6%, nickel 6%.
- Phase 2 (from 18 August 2036): Cobalt 26%, lead 85%, lithium 12%, nickel 15%.
An important technical detail: for cobalt, lithium and nickel, the shares are calculated relative to the active material in the battery cell, that is the material that reacts chemically to produce or store electrical energy. For lead, by contrast, the requirement applies to the whole battery, which reflects the wide use of lead in grids, terminals and active masses in lead-acid technology.
Before the binding minimum shares take effect, a declaration obligation applies from 18 August 2028. All batteries covered must then be accompanied by technical documentation stating the exact share of recycled cobalt, lithium, nickel and lead.
What counts as "recycled content"?
The regulation uses a precise definition. The materials must be recovered from either manufacturing waste or post-consumer waste.
Manufacturing waste is material discarded during the battery manufacturing process that cannot be reused as an integral part of the same process. Internal scrap fed directly back into production ("run-around scrap") does not count.
Post-consumer waste is material recovered from batteries or other products that have become waste after use by an end-user.
The materials do not have to come from spent batteries specifically. Cobalt recovered from industrial catalysts or nickel from stainless steel can in principle be counted, provided it is recovered from waste.
In practice, however, the technical purity requirements for battery grade mean that battery recycling will be the main source.
Which battery types are covered?
The requirements apply to:
- EV batteries, SLI batteries and industrial batteries over 2 kWh (except those with exclusively external storage, such as flow batteries)
- LMT batteries with a staggered timeline: the declaration requirement only applies from August 2033, and the binding minimum shares from 2033 (Phase 1) and 2038 (Phase 2)
Portable batteries are not covered by Article 8, but are subject to other requirements for collection and recycling efficiency. Industrial batteries with external storage (typically redox flow batteries) are fully exempt, as their chemistry and structure are fundamentally different from conventional batteries.
The requirements apply regardless of the battery's chemistry, as long as it contains the four metals covered. Lithium-ion, solid-state and advanced lead batteries are all covered.
Timeline
August 2026: Scheduled adoption of the Commission's delegated act on the calculation and verification methodology.
August 2028: Declaration obligation for EV batteries, SLI batteries and industrial batteries over 2 kWh. Documentation of recycled content must accompany the battery.
August 2031: Binding minimum shares in Phase 1 (16% Co, 85% Pb, 6% Li, 6% Ni).
August 2033: LMT batteries are phased in with the declaration requirement and the Phase 1 shares.
August 2036: Tightened minimum shares in Phase 2 (26% Co, 85% Pb, 12% Li, 15% Ni).
August 2038: The Phase 2 shares apply to LMT batteries.
In 2025, the Commission adopted the delegated regulation on recycling efficiency (EU 2025/606), which forms the basis for calculating recovered materials. The specific calculation methodology under Article 8(1) is set in a separate delegated act.
How is recycled content calculated?
The calculation is based on a mass balance approach. As secondary raw materials are often mixed with primary materials at the refinery, it is technically impossible to trace the individual recycled atoms into the finished battery cell.
Instead, the share is calculated from the exact quantity of recovered material (input) that has been purchased and verified as originating from waste, compared with the total output of production.
Conformity requires mandatory third-party verification by a notified body. The manufacturer must be able to document the whole chain from the recycler to the refinery and on to the cell manufacturer.
The Battery Pass consortium recommends that companies report pre-consumer and post-consumer flows separately to increase transparency.
The link to other requirements in the regulation
Recycled content is not an isolated requirement, but an integral part of the regulation's regulatory ecosystem.
Carbon footprint (Article 7): There is a direct synergy. Secondary raw materials typically have a markedly lower carbon footprint than primary extraction. High shares of recycled content therefore improve the battery's carbon footprint declaration and may become necessary to meet the coming maximum thresholds.
The battery passport (Article 77): All information on recycled content must be recorded in the digital battery passport from February 2027. The passport makes the data available to recyclers, authorities and end customers.
Due diligence (Articles 47-52): Secondary raw materials are not automatically exempt. Companies must still ensure that recycling partners do not contribute to environmental pollution or violations of workers' rights.
Recycling targets (Article 71): The regulation sets parallel requirements for material recovery from spent batteries, such as 80% lithium recovery in 2031 and 95% for cobalt and nickel. These targets are interdependent: if recyclers do not reach the recovery targets, there will not be enough secondary material for battery manufacturers to meet their recycled content requirements.
The biggest practical challenges
The feedstock gap: The biggest barrier is the availability of spent batteries. EV batteries have a long life (up to 15 years), and the volume of spent batteries in 2031 will reflect the relatively modest sales in 2016-2020. Lithium recovery is technically more complex and more expensive than for cobalt and nickel, and the jump from 50% to 80% recovery requires massive investment in hydrometallurgy.
Traceability and data quality: Documenting the exact share of recycled content requires transparency at an unprecedented level. Many raw material suppliers outside the EU are not currently set up to deliver data at batch level.
Price pressure: There is a risk that secondary raw materials become more expensive than primary metals because of the regulatory demand, which could affect the global competitiveness of European manufacturers.
Industry organisations recommend that companies:
- Secure feedstock early through strategic partnerships or take-back agreements
- Standardise data flows using the Battery Pass consortium's framework
- Establish internal control systems that can withstand an audit
Can the requirements change?
Yes. Under Article 8(5), the Commission has the power to adjust the targets via delegated acts if market developments show insufficient availability of secondary materials, or if safety concerns arise.
As of March 2026, the EU is maintaining the ambitious targets, but is monitoring the market closely.
The regulation also allows the Commission to assess by 2027 at the latest whether the requirements should be extended to other materials such as graphite or rare earths, in line with the Critical Raw Materials Act.
Summary
The recycled content requirements in Article 8 are the most concrete and quantifiable obligations in the Battery Regulation. The declaration obligation starts in 2028, and the binding minimum shares in 2031.
Companies should already now secure access to secondary raw materials, establish traceability systems and prepare the calculation methodology and documentation, as third-party verification is mandatory.
The circular link is clear: higher recycled content reduces the carbon footprint, strengthens the data quality of the battery passport and positions the company better for the coming maximum thresholds. It is a requirement, but it is also a competitive parameter.
Syntakk is built to structure and document recycled content data as part of the digital battery passport, from material tracing to verification-ready documentation.
