EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2024) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2023/1542 of the European Parliament and of the 
Council by establishing the methodology for the calculation and verification of the 
carbon footprint of electric vehicle batteries  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Batteries are one of the key enablers for sustainable development, green mobility, clean 
energy and climate neutrality. The Regulation on Batteries and Waste Batteries1 (hereafter 
“the Regulation”) introduces a harmonised regulatory framework for dealing w ith the entire 
life cycle of batteries that are placed on the market in the Union, including r equirements on  
the life cycle carbon footprint of batteries . The Commission is requested to develop  the 
methodology for the calculation and verification of the ca rbon footprint of several categories 
of batteries, starting with the methodology for electric vehicle batteries. Annex II to the 
Regulation includes essential elements for the methodology, including for to rely on the latest 
version of the Commission Produ ct Environmental Footprint method  and the necessity to 
reflect technical and scientific progress in the area of life cycle assessment . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
As this is a technical act, it did not need to be supported by an impac t assessment or an open 
public consultation.  
The delegated act draws on a report of the Joint Research Centre (JRC) of the Commission 
that was prepared with the input of stakeholders, including two workshops and a dedicated 
stakeholder consultation. Subseq uently, the expert group on waste, in its formation including 
representatives of businesses and civil society, was consulted on the report of the JRC.  
The draft delegated act was published for public feedback on the Better Regulation Portal 
from [..] to [. .] 2024. Subsequently, [..]. The proposal was lastly discussed in a meeting of the 
expert group on waste on [..] 2024.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The delegated act is adopted pursuant to point (a) of the fourth subparagraph of Article 7(1) of 
the Regulation, which empowers the Commission to adopt a delegated act establishing the 
methodology for the calculation and verification of the carbon footprint of electric vehicle 
batteries, in ac cordance with the essential elements set out in Annex II of the Regulation.
                                                 
1 Regulation (EU) 2023/ 1542 of the European Parliament and of the Council of 12 July 2023  concerning 
batteries and waste batteries, amending Directive 2008/98/EC and  Regulation (EU) 2019/1020 and 
repealing Directive 2006/66/EC  (OJ L 191, 28.7.2023, p. 1.).  
EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2023/1542 of the European Parliament and of the 
Council by establishing the methodology for the calc ulation and verification of the 
carbon footprint of electric vehicle batteries  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to  Regulation (EU) 2023/ 1542 of the Europe an Parliament and of the Council 
of 10 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and 
Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC2, and in particular Article  
7(1), fourth subparagraph , point (a),  thereof, 
Whereas:  
(1) The expected massive deployment of batteries in sectors such as  mobility and energy 
storage is expected to  lead to the  reduc tion of  carbon emissions. In order to  maximise 
the effects of that reduction] , it is necessary that the overall life cycle  of those batteries  
have a low carbon footprint.  
(2) Regulation (EU) 2023/ 1542 lays out requirements for manufacturers to declare the 
carbon footprint for certain categories of batteries. Following  those requirements , the 
Commission is required to establi sh the methodology for the calculation and 
verification of the carbon footprint of several categories of batteries, starting with the 
methodology for electric vehicle batteries.  
(3) The essential elements  for the carbon footprint methodology specify  in particu lar to 
follow  the Product Environmental Footprint (PEF) method  set out in Commission 
Recommendation (EU) 2021/22793.  
(4) Regulation (EU) 2023/ 1542  expresses t he carbon footprint of batteries in kg CO 2-
equivalent per one kWh of the total energy provided by the battery over its expected 
service life. For electric vehicle batteries, the amount of kWh they produce over their 
service life depends on their capacity, how often they are charged and discharged,  and 
on their durability . The frequency of charging depends on the use pattern of the 
vehicle in which the battery is incorporated and is not dependent on a specific battery 
model. Therefore, i t is appropriate to specify a typical  value for this parameter,  
differentiated between vehicle categories.  The durability of an electric vehicle battery 
is affected by  both calendar and cycle aging  combined, for which there is n o 
                                                 
2 OJ L 191, 28.7.2023, p. 1 , ELI: http://data.europa.eu/eli/reg/2023/1542/oj .  
3 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental 
Footprint methods to measure and communicate the life cycle environmental performance of products and 
organisations (OJ L 471, 30.12.2021, p. 1,  ELI: http://data .europa.eu/eli/reco/2021/2279/oj ) 
   
EN 3  EN harmonised test. Therefore, it is necessary to rely for durability on the length of the 
commercial guarantee.  
(5) The PEF method contains rules  for accounting for electricity from the grid, including 
the use of contractual instruments  to demonstrate that a particular electric ity product 
was used . It stipulates that such contractual instruments may only be used if it is 
ensured , inter alia , that they are the only instrument that carries the environmental 
attribute claim associated with the quantity of electricity generated. However, in many 
jurisdictions outside the Union  currently this cannot be  ensured , entailing a risk of not 
well-substantiated environmental claims . Therefore, it is appropriate not to allow for 
the use of contractual instruments in the carbon footprint methodology for batteries.  
(6) The PEF method requires the end -of-life stage to be modelled through a circular 
footprint formula that allocates the carbon footprint burdens or credits of recycling 
between the product being recycled and the use of the recycled materials in a new 
product. The PEF method specifies that the allocation bet ween the two has to be based 
on the market situation of supply and demand for the recycled materials concerned, 
which means, based on the current market situation and outlook , for metals present in 
the batteries that burden s or credits have to be allocated  largely to the recycled battery, 
while for plastics they have to be a llocated equally between the recycled battery and 
the product in which the recycled materials  will be used.  
(7) The essential elements in Regulation (EU) 2023/ 1542 require a mix of the use of 
company -specific data and secondary  data to be used for the calculation of the carbon 
footprint  in order obtain an accurate result while limiting administrative burden. It is 
appropriate to specify further when company -specific data should be us ed, when 
secondary data  should be  used, and when a choice between the two is allowed.  In 
certain cases,  company -specific data of suppliers is considered confidential and they 
are not shared  with downstream  operators . In order to ensure a smooth process for  the 
calculation of the carbon footprint  it is appr opriate to require that such data be shared 
in aggregated form with operators  downstream and to provide that  notified bodies and 
market surveillance authorities are granted  access to all such data, 
(8) Regulat ion (EU) 2023/1542  contains conformity assessment procedures, including 
general rules for notified bodies to assess whether the manufacturer has complied with 
its obligations, including those on carbon footprint. The Regulation requires 
Commission to estab lish the methodology for verification of the carbon footprint . It is 
appropriate to detail in such methodology what notified bodies as a minimum should 
verify and for which parts it is essential that the verification includes an on -site 
assessment by them or their subsidiaries or subcontractors . Further, it is appropriate to 
specify the details for the study supporting the carbon footprint that manufacturers 
have to prepare  in order to ensure that notified bodies and market surveillance 
authorities receive the information necessary to verify compliance.  
HAS ADOPTED THIS REGULATION:  
Article 1 
The methodology for the calculation and verification of the carbon footprint of electric 
vehicle batteries is laid down in the Annex.   
EN 4  EN Article 2 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
Ursula von der Leyen