Substances of concern: restricted substances, labelling and the passport record

Substances of concern in batteries are substances that pose a risk to human health or the environment, or that hinder recycling, and that are therefore restricted, labelled or disclosed. Article 6 of Regulation (EU) 2023/1542, read with Annex I, restricts mercury, cadmium and lead in batteries, in addition to the restrictions in REACH Annex XVII and the End of Life Vehicles Directive. The Regulation also requires the Commission to review substances of concern and to consider further restrictions, and Annex XIII requires information on substances in the passport.

The record must keep restriction, labelling and disclosure apart, because each has a different threshold, a different scope and a different consequence.

What does Annex I restrict?

Annex I restricts mercury in batteries, whether or not incorporated into appliances, light means of transport or other vehicles, to not more than 0.0005 percent by weight, expressed as mercury metal. It restricts cadmium in portable batteries, whether or not incorporated, to not more than 0.002 percent by weight, expressed as cadmium metal. It restricts lead in portable batteries, whether or not incorporated into appliances, to not more than 0.01 percent by weight, expressed as lead metal, from 18 August 2024, with the restriction not applying to portable zinc air button cells until 18 August 2028. The thresholds are maximums by weight, for the battery as the restriction provides, not averages across a product range. A battery that exceeds a threshold is restricted, however the excess arose. A record that states a substance content without the threshold, the basis and the date cannot be checked against the restriction.

How does labelling show substances?

Labelling under Article 13 shows chemical symbols where thresholds require them: the symbol for cadmium where the cadmium content exceeds the labelling threshold, and the symbol for lead where the lead content exceeds the labelling threshold, together with the separate collection symbol. Labelling symbols are warnings and information for handling and collection, not measurements. A symbol indicates presence above a threshold. Absence of a symbol indicates presence at or below the threshold, or absence of the substance, depending on the threshold and the battery category. The passport record shows substance information at the level Annex XIII requires, in the public summary and in authorised detail, with the thresholds and the basis stated. A reader should not infer an exact content figure from a symbol, and should not infer the absence of a substance from the absence of a symbol without checking the threshold.

What is the review of substances of concern?

The Regulation provides for a review of substances of concern used in batteries, with a view to further restrictions where a substance poses an unacceptable risk or hinders recycling. The review considers substances used in battery manufacture, substances present in batteries placed on the market, and substances that affect the recycling and recovery of materials. The review is a regulatory process, not a passport field. A passport record should not state that a substance will be restricted, that a restriction is expected, or that a substance is under review as if it were already restricted, unless the record states the review position accurately and labels it as a review position. Future restrictions are labelled expected until adopted. Current restrictions are stated as current, with the article, annex and date. The distinction between current law and review is the same distinction that applies to delegated acts throughout this cluster: fixed versus expected.

What does the substances table summarise?

How are substances shown in the passport?

Substance information in the passport sits in the public summary at the level Annex XIII point 1 requires, and in detailed composition in the authorised tier at point 2. The public summary should state the presence of substances of concern at the required level, with thresholds and basis, without publishing proprietary formulation detail. The authorised detail should state the materials and substances that a repairer or recycler needs to handle the battery safely and to plan treatment. A record that publishes detailed formulation in the public tier over discloses. A record that omits substance presence from the public summary under discloses. The balance is set by Annex XIII, not by the operator’s preference, and the record check should test the balance point by point.

What must substance fields never claim?

Substance fields must never claim that a battery is free from a substance on the basis of a symbol alone, that a battery is safe because a restricted substance is below a threshold, or that a substance is absent because it is not listed in a summary. Absence claims require testing or a complete composition record, with the detection limit and the method stated. This guide gives general educational information only and does not give legal advice for a particular battery, substance or transaction.