
European Union
European UnionBatteries Regulation
A Commission draft would set durability thresholds for rechargeable industrial batteries above 2 kWh and add standards for battery-passport identifiers.
3 min readAI-drafted, expert reviewed

The European Commission has published proposed performance rules for rechargeable industrial batteries with a capacity above 2 kWh. The draft delegated regulation, dated 29 September 2026, would supplement Regulation (EU) 2023/1542 with minimum performance and durability values. It would also amend selected technical and battery-passport provisions.
The draft creates no new duty today. The act requires adoption and Official Journal publication, with entry into force also subject to Parliament and Council non-objection under Article 89(6) of the parent Regulation. The text provides for entry into force 20 days after publication. Under Article 10(2) of Regulation (EU) 2023/1542, the minimum values would apply from 18 August 2027 or 18 months after the delegated act enters into force, whichever is later.
The parent Regulation required the Commission to adopt this delegated act by 18 February 2026. Publishing a draft on 29 September does not satisfy that adoption deadline. Existing Batteries Regulation duties remain unchanged, including the battery-passport requirement from 18 February 2027 for electric-vehicle batteries, light means of transport batteries and industrial batteries above 2 kWh.
The proposed thresholds depend on how the battery is used. A repetitive energy-supply battery is defined by at least 40 full equivalent cycles a year. An on-demand battery falls below that level. Residential battery energy-storage systems other than lead-based and on-demand batteries would need adjusted capacity fade below 4%, adjusted expected lifetime above 3,000 full equivalent cycles and energy round-trip efficiency above 93%.
Other non-lead repetitive energy-supply batteries would face adjusted fade below 10% and adjusted expected lifetime above 1,000 cycles. Lead-based equivalents would face below 15% fade and above 500 cycles. On-demand batteries would need adjusted fade below 5% and adjusted expected lifetime above 10 years. Dual-use batteries would follow the repetitive-use requirements.
Capacity fade would be evaluated over at least 152 days or 350 full equivalent cycles. For repetitive-use batteries, adjustment takes account of ambient temperature, depth of discharge and C-rate. On-demand capacity fade is adjusted for temperature. Both capacity-fade and lifetime thresholds use the draft’s specified adjustments. These are category-level thresholds rather than universal guarantees for every application. Batteries used exclusively for external storage are excluded, and defence products remain outside the Batteries Regulation's scope.
The draft also preserves routes for second-life, reused, repurposed and remanufactured batteries. Compliance could be demonstrated through earlier conformity, relevant Euro 7 or United Nations Global Technical Regulation No. 22 evidence, or operational data with adapted values.
The proposal would require QR codes that comply with EN 18220:2026 and unique identifiers that comply with EN 18219:2026, or equivalent standards. It also refines technical and safety definitions. The changes include treating internal short circuit through thermal-propagation protection and recording the evolution of self-discharging where possible.
Official source
European Commission, draft delegated regulation Ares(2026)9188325 (29 September 2026)eur-lex.europa.eu
Topics
No. Ares(2026)9188325 is a draft delegated regulation. Its minimum values would apply from the later of 18 August 2027 or 18 months after entry into force. Adoption, publication and the Parliament/Council non-objection process remain relevant.
The EU draft covers rechargeable industrial batteries above 2 kWh, with stated exclusions including batteries used exclusively for external storage. Products outside the parent Battery Regulation's scope are also excluded.

Dr Steven Brennan
CEO and co-founder of Foresight, and a co-opted member of ECHA's Committee for Socio-economic Analysis. He holds a PhD in chemical engineering.
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