(EU) 2023/1542 · Annex XIII(1)(a) -> Annex VI, Part A(10)
Critical raw materials above 0.1%: the field the regulation gives no list for
This is the one field where, in preparing this page, we could not rely on a definition in the regulation — because there is none. Annex VI, Part A, point 10 requires “critical raw materials present in the battery in a concentration of more than 0,1 % weight by weight”, while Article 3 on definitions does not define the term. That is not a detail: without a list you do not know what to count.
What the regulation does state
The operative requirement is clear on threshold and form: substances present above 0.1% by weight, and the data belongs to the publicly accessible information about the battery model. What is unclear is only which list of substances governs.
Where the recitals point
Recital 29 notes that certain substances in batteries, such as cobalt, lead, lithium or nickel, come from scarce resources and that some are considered critical raw materials by the Commission. Recital 79 explicitly names cobalt, lithium and natural graphite as critical raw materials for the Union and refers to the Commission communication of 3 September 2020. Recitals, however, are not the operative part and do not form a closed list.
How we handle it
Because the regulation contains no closed list, our analysis does not assert which substances are “critical”. We check whether you hold a substance-level composition with weight fractions — because without that this field cannot be answered under any reading of the list. The composition is the real task; choosing the list is a legal question for your adviser.
The practical consequence for your supply chain
A 0.1% by weight threshold is low. In practice it means you need composition at substance level, not just a chemistry label such as “NMC” or “LFP”. Suppliers rarely provide that unprompted; it has to be secured contractually, together with a duty to report any change of material source.
Where it goes wrong
- Copying a critical raw materials list from an arbitrary website and presenting it as deriving from the battery regulation — it is not in there.
- Stating only the battery chemistry instead of composition with weight fractions; at a 0.1% threshold that is not enough.
- Assuming the recitals form a closed list. They are interpretative, not operative.
- A one-off composition capture with no supplier commitment to report a change of material source.
Frequently asked
Which list of critical raw materials applies to this field?
Regulation (EU) 2023/1542 does not define the term and does not refer to a closed list. Recitals 29 and 79 mention cobalt, lithium, natural graphite and nickel and cite Commission communications. Since this is a question of interpretation, we do not resolve it on your behalf.
Where is the 0.1% threshold stated?
In Annex VI, Part A, point 10: critical raw materials present in the battery in a concentration of more than 0,1 % weight by weight.
What do we need in order to answer this field at all?
A substance-level composition with weight fractions from the cell supplier. That data is required under any reading of the list, so it is worth requesting immediately.
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