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Lead and nickel BESS ‘exclusion’ fear in draft ‘Made in Europe’ laws

Updated  –  April 6, 2026 12:28 pm BST
Staff Writer
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March 6, 2026: Battery industry leaders are calling for an urgent overhaul of the draft EU ‘Made in Europe’ legislation saying the move could discriminate against lead-based and nickel-based battery systems.

The Industrial Accelerator Act proposals were published by the European Commission on March 4, paving the way for requirements for the procurement and auction of industrial products including energy storage technologies.

However, trade body EUROBAT said the proposed rules appear to tie BESS eligibility to the presence of a battery management system (BMS) alongside EU assembly and component requirements.
EUROBAT is calling for the “specific inclusion” of BMS-free industrial battery systems to ensure critical energy infrastructure and backup power is not excluded.

Lead-based UPS systems for applications and sectors such as datacenters, telecoms and hospitals, typically VRLAs, work without a BMS, the trade body said.

Nickel-based batteries used in substation/switchgear protection and emergency systems also operate without BMS.

Around 80% of these lead and nickel-based systems deployed in Europe are also manufactured in Europe, according to EUROBAT executive director Patrick Clerens.

For industrial stationary lead and nickel-based applications a BMS adds no value but increases the safety risk, such as from hacking, as well as the cost and complexity of projects.

Clerens also stressed the key benefits of both battery technologies in terms of lower lifecycle costs compared to lithium alternatives, availability of the supply chain and an established recycling infrastructure across the EU.

“Without explicit clarification in the legislative text, that the requirement for ‘Made in Europe’ regarding the BMS is only valid for batteries which use a BMS, these BMS-free lead-based and nickel-based systems that are vital for critical infrastructure resilience, including the ability to clear faults and restart the power grid itself, would be automatically excluded from public procurement, auctions and support schemes.”

A European Commission spokesperson could not be contacted for comment on EUROBAT’s concerns over the proposals, which are the latest attempt to promote and support development of a homegrown EU production pipeline for critical industrial sectors including energy.

Energy Storage Europe’s senior policy officer, Aurélien Ballagny, said the introduction of EU-origin requirements across the battery supply chain must be gradual in order to provide clear signals to investors and sufficient time to build the necessary industrial capacity.

“Identified dependencies should be addressed through a realistic pathway for diversification, ensuring that the deployment of energy storage, and therefore renewables, is not slowed down or made more expensive.”