EVs are set to solidify their market position further, and it is critical to develop government regulatory frameworks that oversee the battery industry and encourage the adoption of environmentally friendly and safe modes of transport. Such public policies could lead the industry toward more sustainable practices while promoting the wider acceptance and advancement of EVs, significantly contributing to reducing greenhouse gas emissions and mitigating climate change. These public policies must be effective, and the industrial sector, universities, and government agencies must participate in preparing them. Universities are neutral entities that can educate the public on the advantages of purchasing second-life batteries, the procedures for operating energy storage systems constructed with second-life batteries, and the operating standards necessary to ensure the expected security of second-life storage systems.
Cooperation across the entire ecosystem of the second-life battery market is critical to making it feasible for industries to implement automotive battery reuse business models and be responsible for generating innovation and new jobs by reusing EV batteries. The implementation of a circular economy in companies can be achieved using components until resources are depleted, and this may be possible through the reuse of batteries and/or the use of valuable battery components, which is possible with recycling. Recycling complements the closed-loop cycle of this product, recovering the chemical components of the battery and feeding back the loop of the product’s life cycle.
Strict regulatory standards are established to ensure that second-life batteries derived from depleted EV batteries function at their utmost potential, maintain a consistent performance standard, and avoid inadvertently causing environmental pollution. The lack of adherence to these regulations could give rise to several potential hazards. To begin with, the inconsistent quality and performance of second-life batteries may cause businesses and consumers to lose faith in them. Safety may be jeopardized without standardized benchmarks, potentially leading to catastrophic incidents such as fires or leakage. Moreover, without regulatory measures, batteries might be disposed of prematurely, which would be morally objectionable, worsen the e-waste crisis, and nullify the environmental advantages associated with battery reuse.
In addition, regulations furnish sectors with a methodical framework to conform to optimal methodologies following safety, efficiency, and ecological sustainability. By clearly understanding the performance metrics, recycling procedures, and expected safety measures, businesses can innovate while maintaining compliance and competitiveness. A suitably regulated market can also cultivate consumer confidence by guaranteeing that the second-life batteries they acquire adhere to precise criteria for safety and performance. Furthermore, regulations can prevent the deterioration of natural habitats and lessen the carbon footprint associated with battery production and disposal by establishing rigorous environmental standards. Therefore, although EVs represent a groundbreaking transition towards environmentally friendly transportation, strict regulatory oversight is necessary to ensure that the sustainability of their batteries persists beyond the vehicle’s initial use, fostering a genuinely circular economy throughout the battery’s lifecycle.
Although the standards proposed by various organizations are not legally binding or mandatory for battery and EV manufacturers to comply with, the regulations are constituted as national legal standards, are enforceable by law, and are promulgated by government authorities. These regulations outline the technical and safety requirements of EVs and their batteries.
For companies to access the second-life battery market, the risks of this new business must be mitigated. One of the main risks reported in the literature is the properties of the batteries. It is still being determined who will be in possession of the batteries when they reach the end of their useful life, and there is also no definition of who will be responsible for recycling the electrochemical waste of these batteries. This doubt may be more significant because the ownership of the battery can be transferred over its life cycle. After the battery is placed on the market during the warranty period, the battery may be owned by a specific company (X), a battery manufacturer, an automobile manufacturer, or a car rental company. A company (Y) can provide the battery warranty, and the responsibility for the correct battery use can be with a user (Z). In this case, there will be a chain of responsibility between each party, and one party may be penalized if they do not comply with some of the requirements signed in the contract.
Novel commercial strategies can be based on battery swapping, designed to ameliorate the prevalent ‘range anxiety’ among EV owners. In this business model, the EV owner drives the vehicle until the battery is depleted, which is analogous to conventional vehicles that use nonrenewable petroleum reaching a low fuel level. The owner then proceeds to a battery exchange facility, analogous to a gas station. The vehicle’s depleted battery is replaced with a fully charged one at this location. This allows the battery proprietor to recharge the vehicle in less than 15 min, like refueling conventional fuel vehicles.
4.1. United States of America (USA)
The United States enacted the ‘Battery Act’ in 1996, officially known as the Law for the Management of Rechargeable Batteries and Mercury-Containing Batteries [
55]. This legislation outlines the responsibilities associated with the waste management of nickel–cadmium (Ni-Cd) and small sealed lead acid (SSLA) batteries and mandates labeling and recycling protocols. Furthermore, this legislation also prohibits the sale of specific categories of batteries that contain mercury. Additionally, it mandates the Environmental Protection Agency (EPA) to develop and execute a comprehensive public education program. The primary objective of this project is to disseminate knowledge to consumers regarding the environmental hazards linked to the improper disposal of used batteries. Furthermore, it seeks to clarify the acceptable protocols for treating and managing these materials at the end of their lifespan.
However, this legal document does not include LIBs and nickel–metal hydride batteries (NiMH) within its scope of application. If they do not contain heavy metals, LIBs are not considered hazardous waste. Including such elements could harm the product’s environmental balance and human health. This statement emphasizes that distinct regulatory frameworks govern various types of batteries. Consequently, legislation must continue to evolve to accurately reflect the variety of battery technologies and their respective environmental and health impacts. This ongoing adaptability will ensure that battery technology regulation remains robust, comprehensive, and in step with technological advancement.
LIBs are classified as hazardous waste because they have toxic components and are regulated by the Universal Waste Law, which makes it mandatory to comply with a set of rules and procedures for collection, treatment, and recycling to avoid inappropriate disposal of this type of waste.
Due to the complexity of the concessionaire’s regulations, the use of batteries in a second application may be problematic. In addition to utility regulations, federal regulations do not offer grid energy storage facilities any incentives. However, the Federal Energy Regulatory Commission (FERC) [
56] approved Order FERC 784 in 2013, recognizing energy storage as a generating resource and allowing financial incentives to be directed to energy storage facilities, thereby encouraging the network connection of energy storage systems [
57].
Similarly, Order FERC 792 represented a significant advancement by allowing energy storage facilities to connect to the network because they are qualified energy sources. However, a business model that presents renewable energy storage as the primary resource capable of altering the structure of electricity markets is still required [
23].
In 2019, the government of the USA launched the first US Department of Energy (DOE) LIBs recycling laboratory, named Recell, led by Argonne National Laboratory (ANL), to boost recycling industries and make them globally competitive by reducing the country’s dependence on buying foreign raw materials for LIBs. This laboratory has a focus on four areas as a priority:
Recycling processes that enable the direct recycling of the cathode so that the recovered materials are reinserted into batteries, avoiding expensive reprocessing processes;
Development of recycling technologies that increase company revenue;
Development of new battery designs that facilitate recycling and reuse;
Computational tools for modeling and validating recycled batteries.
The California legislature implemented the Electronic Waste Recycling Act (EWRA) in 2003, which is currently documented in the California Public Resources Code Sections 42460 through 42486. The legislation mentioned above was designed to establish a comprehensive framework to mitigate the financial burden associated with the appropriate collection and recycling of specific categories of electronic waste. The legislation focuses explicitly on the final stage of covered electronic devices (CEDs), encompassing various video display products like televisions and computer monitors. These products may include cathode ray tubes (CRTs), liquid crystal displays (LCDs), and plasma displays [
32,
58,
59].
The funding model implemented by the Environmental Waste Recycling Agency (EWRA) involves the imposition of an Advanced Recycling Fee (ARF) during the retail sale of new consumer electronic devices. The fees that have been accumulated are transferred to the Electronic Waste Recovery and Recycling Account, overseen by the state. The legislation has implemented a financial framework that ensures consumers are not directly charged with recycling eligible devices. This approach serves to incentivize responsible disposal practices among consumers [
32,
58,
59].
Furthermore, the legislation establishes rigorous guidelines for entities engaged in the electronic waste recovery process. In order to mitigate environmental impacts and minimize potential hazards associated with electronic waste components such as lead, mercury, and cadmium, collectors, recyclers, and manufacturers must adhere to stringent standards about the appropriate handling, management, and disposal of e-waste [
32,
58,
59].
According to a recent report from an analysis of US supply chains, the US battery supply chain is at risk because the country cannot source all materials domestically at this time. Additionally, this report emphasized the necessity for public policies that increase domestic investment and decrease reliance on low-cost raw material imports from foreign suppliers [
31].
The California State Assembly also passed House Bill No. 2832, which created an advisory group led by the California Environmental Protection Agency, the Department of Toxic Substances Control, and the Department of Resource Recycling and Recovery. Other interested parties, the environmental community, automobile dismantlers, and public and private representatives engaged in the production, collection, processing, and recycling of EVBs comprise the membership. This group proposed policies about recycling and reusing EoL EV batteries to achieve a maximum of 100% [
60]. The advisory group recommended implementing the producer responsibility principle and a vehicle exchange and protection policy to define responsibility for out-of-warranty batteries [
31]. In this proposed producer responsibility principle, the car manufacturer manages batteries at the end of their first useful life, including transportation and recycling costs and documenting proper disposal [
61].
This policy stipulates that batteries must be removed from operational vehicles for reuse, second life, or recycling. Additionally, a validation and monitoring model for management must be implemented. When the battery is returned, the deposit paid by the customer for the replacement battery is refunded [
61].
The EVs that are obtained by an automotive recycler or dismantler at the end of their life cycle: The individual or entity engaged in the process of vehicle dismantling or recycling assumes the responsibility of reutilizing, renovating, extending the lifespan, or engaging in recycling activities about batteries that have reached the end of their operational life. In the final stages of their lifecycle, EVs are not typically obtained by auto dismantlers or recyclers. The responsibility for properly dismantling the vehicle and appropriately reusing, refurbishing, repurposing, or recycling the battery lies with the vehicle manufacturer [
61].
Despite the advisory group’s suggestion, the United States does not have a broad producer requirement for EV batteries, so the party responsible for paying the cost of transportation is contract-specific rather than dictated by policy. This issue could potentially present a challenge in the future, as batteries that are no longer covered by warranty may be disassembled by small automobile dismantlers, scrap recyclers, or private repair facilities. These entities may face difficulties in terms of transportation costs, which could hinder the proper disposal of the batteries or deter them from acquiring the vehicle initially [
31,
62].
In the study presented in [
63], the authors projected a spectrum of diverse circularity potentials for several critical materials in the United States by 2040. The range of these estimations for nickel is 35% to 69%, cobalt is 35% to 93%, lithium is 35% to 68%, and manganese is 29% to 69%. Additionally, aluminum showed potential circularity values ranging from 34% to 64%. In [
64], the projected worldwide circularity potentials for the year 2050 were determined, indicating that lithium is expected to range from over 30% to 50%, cobalt from 40% to 70%, and nickel from 30% to 55%. The results in references [
51,
52] exhibit significant spread due to the inherent difficulties associated with predicting future market distributions of cathodes, sales predictions, and the allocation of batteries for second-life utilization. While circularity forecasts offer valuable insights, their primary emphasis lies on the number of resources that may be accessed, with limited consideration given to the economic viability and practical recovery rates involved in the collecting and processing stages. Establishing a more precise and practical understanding of the possibility for near-term circularity is crucial to effectively guide policy discussions and progress [
47].
In the US, there is no regulation at the federal level, but each state implements an electronic waste management program, most of which have the principle of EPR. In the US, there is no regulation at the federal level, but each state implements an electronic waste management program, most of which follow the principles of EPR [
32,
58,
59]. In these states, producers are required to internalize the costs of handling, recycling, and safely disposing of batteries [
32].
4.5. Europe
Europe encounters considerable obstacles within its battery supply chain, with a conspicuous reliance on imported primary resources predominantly sourced from Asia. As a result of these circumstances, the European Union undertook a sequence of strategic endeavors aimed at bolstering the bloc’s independence and competitiveness in the worldwide battery industry [
72].
The European Commission established the European Battery Alliance (EBA) [
73] in 2017. This ambitious consortium aims to foster collaboration among Member States, industry, and other relevant stakeholders to develop a sustainable, innovative, and resilient battery value chain in Europe. The mission of EBA extends beyond mere stimulation of innovation to include advanced recycling strategies and optimization of manufacturing processes. In 2018, the Strategic Action Plan for Batteries was unveiled due to this endeavor. This plan, which transcends being a simple road map, embodies an all-encompassing strategy to expedite research, innovation, and the mass production of competitive batteries. It remains committed to upholding rigorous performance and sustainability criteria [
72].
The European Union’s implementation of the Circular Economy Action Plan (CEAP) [
74] signifies a significant departure from the conventional economic paradigm. In conclusion, the European Union’s implementation of the CEAP signifies a paradigm shift away from the conventional economic approach. The CEAP accentuates the significance of recycling and reuse by designating batteries as one of the seven fundamental value chains. In doing so, it endeavors to diminish reliance on imports and advocate for advancing battery production that is both sustainable and ecologically responsible [
72].
The economic and environmental issues associated with reliance on imports and premature battery disposal are mitigated by regulating the safety, efficiency, and competitiveness of second-life batteries through legislation and technical standards. By enacting legislation supporting the second-life battery market, Europe has the potential to significantly decrease its reliance on external energy sources while enhancing innovation, competitiveness, and sustainability within the battery sector [
72].
Legislation and technical standards for battery reuse ensure that second-life batteries are safe, efficient, and competitive, addressing the economic and environmental challenges associated with dependence on imports and premature disposal of batteries. By promoting the second-life battery market through appropriate legislation, Europe can effectively reduce its external dependence while boosting innovation, competitiveness, and sustainability in the battery industry [
72].
In the EU, there is an effort to unify and reduce the difference between battery laws and reduce the impacts of batteries on the environment and society, which is why the Battery Directives and other regulations are developed. An example was the approval of European Regulation (EU) 2019/631 [
75], implemented by the European Union in April 2019, representing a significant measure to tackle automotive emissions. This regulatory framework sets forth the limits for carbon dioxide (CO
2) emissions in passenger cars and light commercial vehicles, with measurement units expressed in grams of CO
2 per kilometer [
76]. The current standards, European Regulation (EU) 443/2009 [
77] for cars and Regulation (EU) 510/2011 [
78] for light commercial vehicles, are being replaced by new regulations that impose fleet-wide pollution limits. These new regulations will come into force in 2025 and 2030. Significantly, the European Union aims to achieve a 40% decrease in greenhouse gas emissions by 2030 while concurrently advocating for more outstanding market penetration of vehicles with zero- and low-emission capabilities [
76].
According to the battery guidelines, the producer is responsible for collecting and recycling the batteries. The directives also set the collection targets and the level of efficiency of the recycling process that must be achieved for all types of batteries across Europe [
42].
The principle that needs to be followed by battery manufacturers is that those who sell the batteries on the market for the first time are required to “take back” the batteries and are also required to treat and recycle the battery residue as well. Therefore, EU Member States must ensure that battery producers protect their products in a way that facilitates batteries to be easily removed from EVs and establish that EV producers are required to provide only information to EV owners about the type of battery, necessary care, how to remove batteries safely, how to return batteries, and what damage the improper disposal of batteries can cause to the environment and society. The battery guidelines provide that batteries can be permanently attached to the EV when the manufacturer needs to protect their product or when non-permanent battery attachment increases the risk of loss of data integrity, performance, continuity of supply, and safety of batteries [
36].
According to the Battery Directive 2006/55/EC, at least 50% of the materials used in LIBs and nickel–metal hydride must be recycled, i.e., nickel–cadmium chemicals with a minimum rate of 75%, lead acid must be 65%, and the minimum efficiency for the recycling process of other types of batteries must be 50%, as well as for LIBs [
42,
79].
On 10 December 2020, the European Commission presented a new regulation entitled “Proposal for a Regulation on Batteries (PRB)” [
80], which aims to ensure that batteries that are inserted in the European market from that date have adequate safety and sustainability. This regulation was incorporated into the Batteries Directive to establish targets for collecting and recycling batteries and the specifications for labeling and removing batteries from vehicles. This regulation also prohibits the sale of batteries that are composed of hazardous substances. An essential feature of this regulation is that it applies to all types of batteries, regardless of their chemical characteristics, size, and design [
81].
The Battery Directive 2006/55/EC [
82] also prohibits the use of mercury and the incineration and disposal of batteries classified as “industrial” and holds the producer responsible for all costs of the information campaign and the costs of collection, transportation, treatment, and recycling. In addition, battery producers and any third-party company acting on behalf of the battery producer cannot refuse to return used batteries regardless of chemistry and origin. In Europe, the battery directive specified in September 2012 that at least 25% of spent batteries should be collected, and in September 2016, that percentage increased to 45%. PRB established that the collection of portable batteries must reach at least 65% in 2025 and 70% in 2030 [
80].
The significant policies that regulate the use, collection, treatment, and recycling of batteries in the EU are the Batteries Directive (Directive 2006/66/EC) [
42], End of Life Vehicles Directive (Directive 2000/53/EC) [
83], Regulation for Registration, Evaluation, Authorization, and Restriction of Chemicals (Regulation (CE) 1907/2006 [
84]).
Directive 2000/53/EC [
83] was the first waste directive in the EU and addressed the end-of-life of automotive components, including batteries. This guideline introduced the concept of expanded producer responsibility and addressed aspects related to the vehicle’s life cycle and treatment operations. This directive also prohibits the use of cadmium in batteries classified as “industrial”, a category in which EV batteries are classified.
Directive 91/157/EEC [
85] was established within the European Union as a disruptive legislative structure centered on batteries. It emphasized the appropriate disposal and retrieval of used batteries containing hazardous substances, including heavy metals. Directive 91/157/CE [
85] established precise restrictions on the mercury concentration in alkaline manganese batteries, imposing a maximum threshold on the heavy metal’s content to ensure the environment’s safety and human health. Nevertheless, the directive encountered disapproval because of its limited reach, as it failed to address a broad spectrum of battery varieties, and the controls implemented could have been more specific and comprehensive [
72,
86].
Several EU countries have proposed policies to encourage second-life batteries in Europe. Directive 2006/66/EC [
42] aims to mitigate the environmental impacts of batteries and accumulators by regulating collection, manufacture, and disposal. Directive 2006/66/EC established the following: (i) battery waste management standards, (ii) maximum amounts of some chemicals and metals in batteries, (iii) used battery collection rates, (iv) financial responsibility for programs, (v) the rules covering most stages of this legislation, including labeling, (vi) documentation and administrative matters, and (vii) the obligations of authorities, manufacturers, sellers, and importers.
Directive 2006/66/EC [
42] states that EV battery manufacturers or third parties must establish collection schemes for discarded EV batteries that are not collected according to the schemes established by the directive and that all collected batteries must be recycled. This directive also establishes that EV batteries cannot be disposed of in landfills and must be recycled according to the established goals.
The principle of EPR requires producers to be physically and financially responsible for the entire life cycle of products and packaging, so they must have the resources to manage them through reuse, recycling, or energy production and can delegate them to third parties. In addition, EPR establishes that producers are responsible for the environmental impacts caused by their products. In this way, the government transfers responsibility for waste management to the producer through several directives, such as Directive 2006/66/EC [
32,
87,
88].
Article 16 of Directive 2006/66/EC states that the 29 member states of the EU must finance the costs of collecting, treating, and recycling all industrial waste and automotive batteries. In many developing countries, such as Brazil, no regulation still makes battery producers responsible for their products. Therefore, a shared management system is adopted in which manufacturers, municipalities, and consumers share responsibility for managing electronic waste [
32,
87,
88].
Directive 2006/66/EC and Directive 2000/53/EC established that a vehicle manufacturer is also considered a battery producer if it places the battery on the market in the car in a particular country on a professional basis. Directive 2008/98/EC defines using batteries only for the same purpose of their original applications. That is, it does not deal with the application of batteries in secondary applications. In addition, for reuse and recycling, there is the Environmental Sustainability of Lithium-Ion Battery Energy Storage Systems. Directive 2000/53/EC includes a warning that reuse means that end-of-life EV components should only be used for the same purpose, which also requires policies that aim to enable or encourage the use of second-life batteries in applications other than their first use [
32,
87,
88].
Directive 2008/98/EC [
35] presents the definitions of waste and recycling, as well as the concepts of waste management as the EPR. This legislation encourages the producer (battery manufacturer) to plan recycling and reuse from the product design stage. In addition, producers (manufacturers) are responsible for reducing environmental impacts and other damages that a battery generates at the end of its useful life.
Directive 2013/56/EU [
89] replaces Directive 2006/66/EC and eliminates related exemptions for batteries and accumulators containing cadmium in cordless power tools. That directive also banned the use of mercury in all batteries and changed the batteries’ market placement and removal capacity. According to the battery directives, the producer must retake the batteries without possibly refusing the return and cannot charge a fee to accept batteries classified as industrial. However, there is still no definition of who this “producer” would be.
In the EU, only one recycling company, Umicore, performs cathode recycling. Other initiatives exist in France with SNAM and Recupyl, Germany with Redux, and Switzerland with Batrec. However, these initiatives do not yet integrate these materials into producing new cathodes, feeding the production cycle [
90].
According to this regulation, as of 1 January 2027, there must be a declaration of the amount of chemical components containing cobalt, lithium, lead, and nickel used in batteries that have been recycled. The legislation states that by 1 January 2027, companies must recycle at least 12% cobalt, 85% lead, 4% lithium, and 4% nickel obtained from batteries. These levels will be increased from 1 January 2035, when companies are expected to recycle 20% cobalt, 10% lithium, and 12% nickel [
81].
A new regulatory framework (Regulation (EU) 2023/1542 [
91]) for the battery sector has been implemented and came into force on 17 August 2023. Under this new regime, all manufacturers, producers, importers, and distributors of batteries available on the European market are now categorized as Economic Operators, subjecting them to a series of specific obligations and responsibilities.
This regulation applies to all batteries, from portable and ready-to-use battery modules to industrial batteries and batteries intended for EVs. Furthermore, it also applies to lead–acid batteries and starting, light, and ignition batteries (SLI), which are essential for providing energy for critical functions of vehicles and machinery, such as starting, lighting, and ignition. Light means of transport (LMT) batteries, including, but not limited to, electric bicycles, mopeds, and electric scooters, must also follow this regulation.
It is important to emphasize that the applicability of the regulation is independent of the geographic origin of the batteries or the raw materials used in their manufacture. This implies that regardless of whether batteries or their components are produced within or outside the boundaries of the European Union, they must comply with established guidelines. Specifically, Economic Operators must adopt and clearly communicate to suppliers and the public due diligence policies relating to the supply of cobalt, natural graphite, lithium, nickel, and other chemical compounds based on the listed raw materials in accordance with recognized international standards, such as the OECD Guidelines on Due Diligence and UN Guiding Principles on Business and Human Rights. From 2025, most batteries must have a digital battery passport. Digital battery passports will be applied to EV batteries, LMT batteries, and rechargeable industrial batteries over two kWh, which must have a “digital battery passport”, with information about the battery model, the specific battery, and its use. All batteries must have labels and QR codes detailing their capacity, performance, durability, and chemical composition and must display the “separate collection” symbol.
A carbon footprint declaration and label must be provided for all EVs, LMTs, and rechargeable industrial batteries with a capacity greater than two kWh. In addition, the levels of recycled cobalt, lead, lithium, and nickel that are used in the production of the battery must be indicated. The European Commission will also evaluate, by 31 December 2023, extending the carbon footprint declaration requirement to portable batteries and the requirement for a maximum life cycle carbon footprint threshold to rechargeable industrial batteries with a capacity equal to or less than two kWh.
In addition to the carbon footprint label, all batteries must have the “CE” marking to demonstrate compliance with applicable EU health, safety, and environmental protection standards. The labeling of batteries included in a device must be affixed directly to the device in a clearly visible and legible manner. This marks a change from current practice in the EU and Germany, for example, where labeling is applied to the battery rather than the whole device. Labeling and information requirements will apply until 2026. However, QR codes will not need to be implemented until 2027.
The regulation aims to ensure that batteries are subject to separate, high-quality recycling. For example, a late council amendment provides for EV battery management systems (BMSs) to include a software reset function in case economic operators carrying out preparation for the reuse, repurposing, or remanufacturing of EV batteries need to load different BMS software. This may cause certain risks, such as cybersecurity reasons. Consequently, the regulation stipulates that should the BMS software’s reset function be employed; the original battery manufacturer shall not be held liable for any breach of safety or functionality of the battery that can be attributed to the BMS software loaded after the battery was introduced to the market.
The regulation sets ambitious targets for each battery type:
A collection rate of 45 percent by the end of 2023, 63 percent by the end of 2027, and 73 percent by the end of 2030 for portable batteries;
A collection rate of 51 percent by the end of 2028 and 61 percent by the end of 2031 for LMT batteries.
The regulation also maintains a total prohibition on landfilling waste batteries. All waste batteries—including LMT, EV, SLI, and industrial batteries—must be collected by Economic Operators free of charge for end users, regardless of the nature, chemical composition, state, brand, or origin of the waste battery in question, and established mandatory minimum levels of recycled content for reuse in new industrial, SLI, and EV batteries: 6 percent for lithium and nickel, 16 percent for cobalt, and 85 percent for lead. Each battery must specify the amount of recycled content it contains.
By the end of 2023, the commission will assess the feasibility and potential benefits of establishing deposit return systems for batteries, particularly for general-purpose portable batteries.
The regulation also imposes obligations on end users:
End-users must dispose of waste batteries separately from other waste streams at a designated separate collection point set up by the producer;
To improve manageability, the regulation requires end users to be able to remove and replace all portable batteries from the device for which they are used. An independent professional must replace LMT batteries. Economic Operators will have 42 months from the regulation’s entry into force to adapt the design of their products to this new requirement.
Within the technical and scientific scope, the regulation aims to boost innovation and sustainability in the battery sector, promoting manufacturing practices that minimize environmental impact and promote the circular economy. This involves optimizing production processes to increase energy efficiency, reducing the use of harmful and rare materials, and implementing advanced recycling methods to recover valuable materials from discarded batteries. These obligations include maintaining detailed records and providing accurate information about batteries’ composition, origin, and final destination, thus facilitating oversight and regulatory compliance. These measures aim to make the battery sector more transparent.
An important factor defined in Articles 77 and 78 of Regulation (EU) 2023/1542 [
91] specifies economic operators’ responsibilities regarding battery management. The regulation specifies that the economic operator is responsible for assigning a unique identifier to the battery. Furthermore, the economic operator must record the data in the battery passport. Furthermore, the economic operator must ensure that the information contained in the passport is accurate, complete, and up to date with the data included in the battery passport.
This implies that the economic operator of the battery is responsible for the battery during periods when the battery is in use and when the economic operator does not directly own the battery or does not have direct control over the battery. Responsibility for the battery can be transferred in two scenarios: (i) when it is subject to reuse, repurposing, or remanufacturing and (ii) when the battery status is changed to “waste”. Batteries, when subject to reuse, are considered a new product. Therefore, a new battery passport must be provided for these batteries. However, it is not yet clear whether the passport applied to second-life batteries should be linked to the first-life passport.
Once batteries are classified as “waste”, the need to issue a new battery passport is eliminated. Moreover, the responsibility for battery disposal is transferred to the producer, an organization responsible for producer responsibility, or a waste management operator.
A conflict of interest may arise from the ambiguity in determining liability after classifying the battery as waste in a scenario where the EV owner disassembles the battery and returns the EV to the OEM. After this, the OEM sends the battery for recycling. In Article 61, the Battery Regulation suggests that the OEM is responsible for changing the battery status to waste in this scenario. However, it is unclear under what conditions the producer can transfer responsibility to an organization responsible for producer responsibility (if appointed by the OEM), a waste management operator, or have one of these actors as a substitute. Another possible conflict of interest in cases of transfer of responsibility for the battery is if the responsibility for the accuracy, integrity, and updating of battery passport data also lies with the economic operator.
This ambiguity can lead to an evasion of responsibility, where producers or OEMs may attempt to transfer their disposal obligations to third-party entities without ensuring that they have the appropriate infrastructure or capacity to manage the waste sustainably. Additionally, a lack of regulatory clarity can result in inconsistencies in battery waste management, potentially harming recycling efforts and environmental sustainability. Therefore, the regulation must be refined to clearly define the criteria and processes for transferring responsibility to mitigate conflicts of interest and ensure the effective and responsible management of discarded batteries.
Although the regulation requires the implementation of the battery passport by 2023, there is still a lack of clear definition of what data can be implemented and what the use cases for this passport are [
92]. There is still a lack of information about what mandatory data companies must provide to ensure the sustainability and circularity of batteries [
92]. Furthermore, it is not clear what data must be provided on a mandatory basis to prevent tax evasion and battery tampering. Other data may be provided voluntarily for developing a digital twin or validating projects in the early stages of development.
A study on battery labels should be conducted to understand which technologies can be adapted to monitor batteries in real time. Furthermore, smart labels could contribute to the rapid identification of battery material composition to increase sorting efficiency and facilitate the collection of batteries [
92]. It is not yet clear what criteria will be adopted to define the performance and durability of batteries.
Performance and durability criteria are relevant to define the minimum acceptable criteria for first and second-life batteries to be marketed in Europe. SoH and RUL are essential metrics for determining battery quality warranty time and making strategic decisions, such as knowing the ideal maintenance time and whether it is more viable to reuse or recycle the battery directly.
The legislation in Article 14 establishes that battery manufacturers must provide access and relevant data to assess the battery’s residual value and capacity for subsequent use. However, legislation relating to the risks of losing product know-how that companies may be subject to is unclear. Legislation must also be clear about at which level the RUL should be calculated. There are considerable differences when RUL is defined at the cell, module, and pack levels. The level of granularity regarding how the RUL should be provided will directly influence the second use of the batteries. In second-use scenarios, supply chain actors can benefit from module- and cell-level information, as distinct aging behaviors can be observed between individual units within a single battery. By having accurate RUL data relating to individual modules, a remanufacturer can decide which modules to recycle and which to remanufacture. Pack-level RUL information may also be appropriate to avoid duplicate testing in the supply chain and define battery resale value. On the other hand, accurate RUL prediction increases the cost associated with the BMS sensor and the development of models for cell-level RUL prediction. Furthermore, OEMs do not wish to share BMS data with the public, and therefore, legislation must ensure that OEMs do not lose their product and technology know-how.
Finally, although BMS generally contributes a marginal 4% to 5% increase to battery overhead, this amount does not sufficiently account for the additional time and engineering effort required to establish and authenticate sophisticated RUL estimation techniques. OEMs will encounter increasing challenges in complying with RUL reporting requirements while maintaining competitiveness in the global EV market. Therefore, keeping the requirements in their most basic form is advisable to promote extensive implementation of standardized RUL reporting criteria.
Through the United Nations Global Technical Regulations (GTRs) and the California Air Resources Board (CARB), the US recently implemented state-level legislation requiring battery SOH to be reported and accurate to within five percentage points by 2026. However, this legislation does not mention RUL as a metric to quantify battery durability [
93]. Furthermore, in [
93], the authors demonstrated that single-point SOH measurements cannot predict remaining useful life and that 5% SOH accuracy is insufficient to make reliable RUL predictions.
4.6. China
The Chinese government aims to manage batteries from the start of production to disposal. In this sense, the government enacted the Technical Policy on the Prevention of Pollution of Discarded Appliances and Electronic Products to reduce electronic waste and promote reuse and recycling. This policy aims to control the sources of pollution and product recycling, which means that the government is concerned with both the disposal of existing waste and the sources that generate this waste [
94].
The technical policy on the Prevention of Pollution of Electronic Devices and Products aims to reduce, minimize, and encourage the reuse and recycling of electronic products through measures such as creating a fund to encourage the development of electronic waste recycling systems. By regulating the Recycling and Waste Disposal of Electrical and Electronic Equipment, China applies the producer responsibility principle, which gives the producer the responsibility to pay for the collection, labeling, and recycling of their product [
95]. However, this policy does not yet implement procedures that facilitate the collection and logistics of electronic waste, such as batteries [
96].
In 2008, China published Administrative Measures for the Prevention of Pollution (MAPP) of electronic waste that aims to apply the principles of producer responsibility and regulate the activities of disassembly, recycling, and disposal of electronic waste [
94]. According to MAPP, recycling companies must have an operating license issued by the government and disclose what hazardous components are present in batteries, their composition, expected life, and environmental protection information.
The Ministry of Industry of China has implemented a set of rules that apply the concept of EPR to ensure that EV manufacturers are responsible for the collection, treatment, and disposal of batteries. In addition, EV manufacturers must establish service points, collect used batteries, and store and transfer batteries to recycling points.
Battery manufacturers are responsible for automating and standardizing the product, making them easy to disassemble and recycle. The Chinese government also obliges battery manufacturers to provide technical support to EV manufacturers to make battery storage and disposal possible. The work presented in [
20] investigates the three possible scenarios for the industry to develop its recycling process. The authors investigated a scenario without government subsidies, with subsidies, and another scenario with implementing a reward and penalty mechanism. Policies were classified into three categories: subsidies, punitive, and traceability [
17].
Subsidy policies are government incentives to replace conventional vehicles with vehicles that use new energy, such as EVs. An example of this type of policy is the “Provisional financial subsidy measures for demonstration and expansion of energy-saving vehicles and new energy vehicles in pilot cities,” which provides single fixed subsidies paid to vehicle buyers. Vehicles for personal use have not yet been included in the policy. Mention may also be made of the “Provisional financial subsidy measures for the private purchase of a new energy vehicle in pilot cities” and the “Management approach for the private purchase of battery EVs in Beijing (test implementation)” [
20].
Punitive policies aim to punish battery or automobile manufacturers who fail to achieve battery reuse and recycling targets, including failure to implement government policies. An example of this type of policy is the “Pilot Scheme for EV Battery Recycling System in Shenzhen”, which proposes punishing companies that defraud, refuse to provide information, and/or fail to comply with recycling obligations. Finally, the traceability policy consists of policies that track, monitor, and supervise batteries throughout their life cycle in order to assign, among other things, those responsible for batteries during their life cycle [
20].
Table 2 presents a summary of the primary laws that exist in China that can contribute to the reuse of EV batteries.
The safety of second-life batteries is a concern in different countries. The National Energy Administration stated in a Chinese policy document that it would ban “in principle” any new “large-scale” energy storage projects that use second-life batteries. This regulation was proposed after many safety incidents involving second-life batteries. However, the legislation is not clear about what it considers large-scale projects [
97].
China has implemented the principle of EPR and developed a robust framework to manage the life cycle of batteries. There are three models of battery recycling [
98,
99]. The first model is the guidance of the vehicle battery industry innovation alliance. In this model, government departments facilitate cooperation between different industrial actors and research institutes to encourage the use of batteries with residual capacity for energy storage systems applied to the supply of backup power and energy storage systems interconnected with energy storage systems, such as renewable energy generation and low-power mobile applications. The second model aims to promote cooperation between the upstream and downstream of the industrial chain. Vehicle manufacturers and battery manufacturers establish their own recycling systems to recycle the decommissioned batteries sold by them [
98,
99].
China proposed a national battery management platform, and one of the main functions of this platform is to collect information on the entire process of production, sale, use, scrapping, recycling, and use of batteries [
98]. In China, the government has adopted a comprehensive regulatory approach to managing end-of-life EV batteries, implementing policies and standards to encourage safe and efficient reuse and recycling. The GB/T 34013-2017 [
100] standard is a clear example of this regulation, establishing strict criteria for the dimensions and technical specifications of standardized power cells, modules, and battery cases for EVs. This standard defines parameters such as voltage, capacity, internal resistance, and physical dimensions of the cells, in addition to performance requirements for charging cycles and operating temperature. It facilitates interchangeability and standardization in the industry, promoting efficiency in battery production and remanufacturing.
The subsequent standard, GB/T 34014-2017 [
101], is specifically targeted at the EV battery coding system. This standard describes in detail the coding method that must be used, structuring the identification code to include information such as battery manufacturer, the battery type, production date, and other relevant data. Coding is essential for maintaining the traceability of batteries throughout their useful life, which is crucial for safety, warranty management, and recall procedures, as well as for the effective selection and sorting of batteries for reuse or recycling.
In addition to the national standards mentioned, several associations led by large companies in the EV sector have established supplementary industry standards. For example, China’s National Energy Administration (NEA), in collaboration with the China Electricity Council (CEC), has focused on effectively managing recycled batteries by defining procedures and standards for their collection, disassembly, and processing. The China Energy Storage Alliance (CNESA) collaborates in promoting energy storage standards that are vital for the integration of second-life batteries into renewable energy systems. Additionally, the China Association of Communications Enterprises (CACE) focuses on establishing standards for the communication and management of data related to EV batteries.