The Battery Regulation ((EU) 2023/1542) (Regulation) entered into force on 17 August 2023, superseding the Battery Directive (2006/66/EC). The Regulation establishes a harmonised framework designed to strengthen the internal market, promote the circular economy and mitigate environmental and social impacts across the full battery life cycle.

As part of the implementation of this framework, the European Chemicals Agency (ECHA) has now launched a Call for Evidence to support the preparation of the European Commission’s report on Substances of Concern (SoC) under Article 6(5) of the Batteries Regulation.

Defining Substances of Concern

Under Article 6(5), the Commission, assisted by the ECHA,is required to prepare a report for the identification of Substances of Concern present in batteries or used in their manufacture. This assessment must focus on substances that may adversely affect human health or the environment, or that hamper recycling processes for the production of safe and high-quality secondary raw materials. The Commission must complete this report by 31 December 2027 and subsequently submit it to the European Parliament and the Council together with its findings and any considerations on appropriate follow-up measures, as detailed below.

“Substances of Concern” are not defined in the general definitions in Article 3 of the Batteries Regulation. Instead, the Regulation provides a purpose-specific description exclusively in Article 6(5), which states that Substances of Concern are “substances having an adverse effect on human health or the environment or hampering recycling for safe and high-quality secondary raw materials, present in batteries or used in their manufacture.” This description applies in the context of the Commission’s obligation to prepare the report required by Article 6(5).

The regulatory treatment of substances in batteries is established in Article 6(1)–(4). Under Article 6(1), batteries placed on the market must comply with three layers of substance restrictions:

  1. Restrictions under Annex XVII to the REACH Regulation (Regulation (EC) No 1907/2006)
  2. Restrictions under Article 4(2)(a) of the End-of-Life Vehicles Directive (2000/53/EC)
  3. Restrictions set out in Annex I to the Batteries Regulation itself

Article 6(2) establishes the mechanism for introducing new substance restrictions into Annex I of the Batteries Regulation. Where the use or presence of a substance at any point in the battery life cycle – including manufacture, placing on the market, repurposing or waste treatment – presents an unacceptable risk that is not adequately controlled and requires action at the Union level, the Commission is empowered to adopt a delegated act to amend Annex I. Any such amendment must follow the restriction procedure set out in Articles 86, 87 and 88 of the Regulation. While this procedure requires the preparation of a restriction dossier conforming to the technical and evidentiary requirements of Annex XV to the REACH Regulation, it remains a distinct legal process governed exclusively by the Batteries Regulation and does not constitute a restriction under REACH.

Taken together, Article 6(1)–(5) establish the regulatory framework governing the identification, assessment and potential restriction of substances, including those described as Substances of Concern, under the Batteries Regulation. This framework sets out both the substantive obligations applicable to substances present in batteries and the procedural mechanism for introducing new restrictions at the Union level.

The Call for Evidence and Report Scope

As set out in the Commission’s mandate, ECHA has already carried out preliminary work (Phase 1) to identify substances present in batteries and used in their manufacture.

The current Call for Evidence aims to gather additional information from relevant stakeholders to support ECHA in identifying substances of concern in batteries, including:

  • Substances that may hamper the recycling of end-of-life batteries
  • Recycling technologies, emissions and exposures
  • Substances that hamper recycling
  • Substances used in batteries that have already been identified by ECHA 

The consultation runs from 12 November 2025 to 10 December 2025 (11:59 p.m. EET).

Once ECHA has assessed the information received, it will contribute its findings to the Commission’s Article 6(5) report. The report must then be transmitted to the European Parliament and the Council together with any considerations on appropriate follow-up measures.

Follow-up Measures and Potential Regulatory Restrictions

The Commission’s report must assess whether the identified substances compromise chemical safety or negatively affect reuse and recycling. Where appropriate, the report must also consider follow-up measures under Article 6(5), including, as stated above, whether a new restriction proposal should be pursued under Article 86. Indeed, if the available evidence indicates that the use or presence of a substance poses a risk that is not adequately controlled and needs to be addressed on a Union-wide basis, the restriction procedure under Article 86 may be triggered. As explained above, this process may ultimately lead to the Commission adopting a delegated act to amend Annex I and introduce new restrictions.

Because the Batteries Regulation regulates substances across the entire battery life cycle – from manufacture to placing on the market, repurposing and waste treatment – any future restrictions adopted pursuant to Article 6(2) could have extensive operational and supply chain consequences. Participation in the Call for Evidence therefore provides stakeholders with a meaningful opportunity to ensure that the technical and economic realities of battery materials, processes and recycling technologies are accurately reflected in the regulatory assessment.

How We Can Assist

The Call for Evidence, and any subsequent restriction process, represents a significant regulatory moment for entities across the battery value chain. We can support clients in navigating these developments by providing:

  • Consultation strategy and submission –Guidance on preparing technically robust and strategically framed submissions to ECHA’s Call for Evidence, ensuring client perspectives are effectively presented and aligned with regulatory expectations.
  • Compliance risk assessment –Analysis of product portfolios against the criteria for Substances of Concern, including assessment of potential regulatory exposure and operational impacts arising from the presence or use of particular substances.
  • Strategic compliance preparation –Development of compliance strategies to anticipate potential restrictions under Article 86, including evaluation of alternative substances, supply chain adjustments and alignment with circular economy objectives.