EU: Batteries Regulation – postponement of the battery due diligence obligations

 

Two days are left to take part in the EU public consultation on the postponement of the battery due diligence obligations.

Regulation (EU) 2023/1542 aims to support the effective operation of the EU internal market while minimizing the environmental and health impacts associated with batteries. In particular, it seeks to reduce the negative effects of battery production, use, and waste management. Among its provisions, the Regulation introduces battery due diligence obligations for economic operators placing batteries on the EU market or putting them into service, with these obligations set to apply from 18 August 2025.

The supply chains for battery raw materials are currently influenced by a rapidly evolving geopolitical context, creating significant challenges—especially regarding the sourcing of critical materials. Adjusting and reconfiguring supply chains requires time and careful analysis.

A key requirement under the due diligence framework is that economic operators must have their due diligence policies independently verified by a notified body (“third-party verification”). However, only about half of EU Member States have designated a notifying authority responsible for evaluating, appointing, and supervising conformity assessment bodies. While these appointments often rely on accreditation, the European co-operation for Accreditation (EA) has not yet established a harmonized standard for accrediting notified bodies for battery due diligence. Instead, the EA has indicated that such accreditation should be based on schemes formally approved by the European Commission.

Industry associations and coalitions of interested stakeholders are currently developing due diligence schemes, which are expected to play a central role in supporting compliance with these obligations. The provisions for such schemes in Regulation (EU) 2023/1542 are modeled on those found in Regulation (EU) 2017/821 (on conflict minerals). While several schemes under the latter regulation are under review, none have yet been officially recognized. Further development, implementation, and formal recognition of schemes specific to battery raw materials are still required under Regulation (EU) 2023/1542.

In addition, Article 94(4) of the Regulation requires the Commission to review the battery due diligence obligations one year after the adoption of Directive (EU) 2024/1760 on corporate sustainability due diligence. Although it is too early to conduct this review—especially given the Commission’s proposed amendments to that Directive on 26 February 2025—greater coherence between the two legal frameworks could be achieved by developing joint implementation guidelines, provided the respective application timelines allow.

In light of these factors, the Commission proposes to postpone the application date of the battery due diligence obligations under Article 48(1) of Regulation (EU) 2023/1542 by two years. This would give economic operators more time to prepare and adapt, allow for the development of supporting guidance, and address current issues related to the designation and availability of notified bodies.

To find out more about the EU Battery Regulation for the automotive industry, please do not hesitate to contact the Institute for Global Automotive Regulatory Research.