(EU) 2023/1542 · Annex XIII(1)(b)
Material composition in the passport: three questions in one field
It looks like one field; it is three. Point 1(b) of Annex XIII asks for the battery's chemistry, the hazardous substances in it — expressly other than mercury, cadmium and lead — and the critical raw materials present. Each part has a different owner in the supply chain, a different definition and a different threshold. That mismatch is why the field so often stays unproven: the pack manufacturer holds a bill of materials for modules, while chemistry and concentrations originate two tiers up, at the cell and active-material suppliers.
Three questions, three sources
Chemistry is a property of the cell and is known to the cell manufacturer. Hazardous substances are legally defined: Article 3 of this Regulation ties them to classification under Article 3 of Regulation (EC) No 1272/2008, which for any given substance is controlled by that substance's supplier. Critical raw materials are the third part and come from cathode and anode materials. The pack manufacturer holds none of the three at first hand — only if it demanded them contractually up the chain.
Why three metals are carved out
The text says “other than mercury, cadmium or lead” because Annex I already governs those three with limit values: no more than 0.0005% mercury in batteries, no more than 0.002% cadmium in portable batteries, and no more than 0.01% lead in portable batteries from 18 August 2024, with portable zinc-air button cells not covered until 18 August 2028. The carve-out is not an omission — it means those three are evidenced elsewhere.
The 0.1% threshold is not this field's threshold
Point 10 of Part A of Annex VI requires critical raw materials present in a concentration above 0.1% weight by weight — that is label content. Point 1(b) of Annex XIII states no threshold at all. And because point 1(a) of the same Annex pulls the whole of Part A of Annex VI into the passport, both lists end up in the passport side by side: one cut at 0.1%, one not. If they are identical, the threshold was applied twice or never.
A safety data sheet is not a composition statement
The substitute we see most often is the cell's safety data sheet. It is written for handling the substance and for hazards in use, not to inventory the composition of a battery model. The same caution applies to the bill of materials: the Regulation defines it only in point 2 of Annex II and only for calculating the carbon footprint. Neither document on its own covers all three parts of this field.
Where it goes wrong
- A pack-level bill of materials instead of cell composition — modules are listed, chemistry is not.
- A critical raw materials list copied from the label: that one is cut at 0.1% weight by weight, while the passport field has no threshold.
- Listing mercury, cadmium and lead among the hazardous substances when the text expressly excludes them.
- A safety data sheet in place of a composition declaration — different purpose, different scope.
- Changing cell supplier without a fresh composition record; Article 3 defines a model by identical technical characteristics, so changed chemistry is no longer the same model.
Frequently asked
Must I also list mercury, cadmium and lead?
Not in this field. Point 1(b) of Annex XIII asks for hazardous substances “other than mercury, cadmium or lead”. Those three are governed by the limit values in Annex I.
Which substances count as hazardous?
Those classified as hazardous under Article 3 of Regulation (EC) No 1272/2008. That is how Article 3 of this Regulation defines them; the Batteries Regulation itself lists no substances.
What are critical raw materials under this Regulation?
The Regulation does not define the term. It appears twice: in point 1(b) of Annex XIII with no threshold, and in point 10 of Part A of Annex VI with a 0.1% weight by weight threshold. Which list of materials you apply is therefore your decision and must be recorded.
Check whether you can prove this field
The free check runs through every mandatory field for your battery category. No sign-up.
Start the check