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Battery Regulation (EU) 2023/1542; What are the main objectives and measures proposed by the EU Battery Act?
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Battery Regulation (EU) 2023/1542; What are the main objectives and measures proposed by the EU Battery Act?
On May 21, 2025, the European Parliament passed an amendment to the economic operator's battery due diligence obligations in Regulation (EU) 2023/1542. The core of this amendment is to postpone the official application date of the battery raw material supply chain due diligence policy by two years to cope with the challenges and unfinished preparations faced by actual operations. The main adjustments and background are as follows:
1. Changes in regulatory focus According to the original regulations, battery due diligence obligations cover the procurement, processing and trading of key raw materials such as cobalt, natural graphite, lithium and nickel used in battery production. The current regulations should have taken effect on August 18, 2025. This revision explicitly postpones as follows: Article 48, paragraph 1, changes "August 18, 2025" to "August 18, 2027"; and paragraph 5, changes "February 18, 2025" to "July 26, 2026".
That is, the new regulations will be officially implemented on August 18, 2027, leaving more preparation time for practitioners and relevant institutions.
2. Revision background and considerations 1. Supply chain adapts to demand: Amid the ever-changing global geopolitical landscape, battery manufacturers face multiple challenges such as raw material procurement, and urgently need time to evaluate the existing supply chain structure and adjust it as needed. 2. The designation of the notified body is lagging behind: Relevant regulations require third-party notified bodies to conduct due diligence verification, but the actual designation of the notified body and the identification and approval of the relevant due diligence plan are slower than originally expected. 3. Supporting guidelines and regulatory coordination: The new regulation emphasizes that (EU) 2023/1542 should be consistent with (EU) 2024/1760, which puts forward broader requirements for corporate human rights and environmental responsibility supply chain due diligence. The Commission will issue operational guidelines and best practices with reference to (EU) 2024/1760 to ensure consistency and coordination between regulations. 4. Legal certainty: In order to ensure the smooth progress of corporate compliance work, it is necessary to provide a clear legal basis for the actual application time of due diligence obligations and reserve sufficient time to notify/designate conformity assessment bodies.
III. The impact of relevant directives on enterprises (EU) 2024/1760 further requires enterprises to identify and respond to potential or actual human rights and environmental risks in the activities of themselves, their subsidiaries and supply chain business partners. The two regulations complement each other and jointly promote the realization of the EU's vision of green and responsible supply chains.
IV. Effective time and legal certainty The revised regulations will take effect the day after publication in the Official Journal of the European Union and will apply from August 18, 2027, ensuring the connection between relevant obligations and supporting guidance, leaving enough time for the industry to comply and adjust plans. Summary: The EU's revision of the battery due diligence regulation ((EU) 2023/1542) fully responds to the industry's call, reserves an adjustment buffer period, and strengthens coordination with other human rights and environmental directives. It is recommended that companies pay close attention to the supporting guidelines to be released soon, and plan supply chain transparency and compliance response measures as early as possible to seize sustainable opportunities under the EU Green New Deal.
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