Amending Regulation as regards obligations of economic operators concerning battery due diligence policies

PURPOSE: to postpone, by two years, the date of application of the due diligence obligations of Regulation (EU) 2023/1542 concerning batteries and waste batteries to allow economic operators placing batteries on the EU market to be better prepared.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the European Commission has introduced a new package to simplify rules and reduce bureaucracy across the Single Market. This fourth simplification Omnibus package aims to make it easier for businesses to operate, innovate, and grow, while maintaining high standards of protection for consumers and the environment.

Regulation (EU) 2023/1542 of the European Parliament and of the Council sets out battery due diligence obligations that cover the sourcing, processing and trading of cobalt, natural graphite, lithium and nickel used for battery manufacturing. Those due diligence obligations are to be applied from 18 August 2025.

Battery raw material supply chains are affected by a shifting geopolitical landscape. This leaves the battery industry with many challenges in particular related to sourcing raw materials. It takes time to analyse and adjust supply chains.

The battery due diligence obligations include requirements for third-party verification by notified bodies. However, the designation of notified bodies for battery due diligence policies is taking longer than expected. Due diligence schemes recognised by the Commission in accordance with Regulation (EU) 2023/1542 would facilitate the work of economic operators and of notified bodies. However, due diligence schemes addressing battery raw materials still need to be further developed and implemented, and then go through the recognition process.

In order to provide sufficient time for the notification of conformity assessment bodies and to allow economic operators placing batteries on the market to be in a position to comply with their obligations, the date of application of the battery due diligence policies set out in Regulation (EU) 2023/1542, should be postponed by two years.

CONTENT: therefore, as part of the IV Omnibus package, the Commission proposal seeks to postpone the date of application of the due diligence obligations of Regulation (EU) 2023/1542 by two years to allow economic operators placing batteries on the EU market to be better prepared, with the help of guidelines, and resolve difficulties with third-party verification.

It is proposed that this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union and it should apply from 18 August 2025 in order to provide legal certainty with regard to the date of application of the due diligence obligations under Regulation (EU) 2023/1542.