Explanatory Memorandum to COM(2025)258 - Amendment of Regulation (EU) 2023/1542 as regards obligations of economic operators concerning battery due diligence policies

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dossier COM(2025)258 - Amendment of Regulation (EU) 2023/1542 as regards obligations of economic operators concerning battery due diligence ...
source COM(2025)258 EN
date 21-05-2025


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Regulation (EU) 2023/1542 ( 1 ) aims to contribute to the efficient functioning of the internal market, while preventing and reducing the adverse impacts of batteries on the environment. It also aims to protect the environment and human health by preventing and reducing the adverse impacts of the generation and management of waste batteries. It imposes among other things battery due diligence obligations on economic operators placing batteries on the market or putting them into service. These 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.

Furthermore, one of the battery due diligence obligations is that economic operators’ battery due diligence policies are verified by a notified body (‘third-party verification’). Only about half of the Member States have appointed their notifying authority in charge of the assessment, notification and monitoring of conformity assessment bodies. In many cases such applications would be based on accreditation, but the European co-operation for Accreditation association has not been able to determine a standard for the accreditation of notified bodies for battery due diligence. It instead indicated that this should rely on schemes approved by the European Commission.

Due diligence schemes being developed by industry associations and groupings of interested organisations are expected to play an important role in the implementation of the battery due diligence obligations. The provisions on such schemes in Regulation (EU) 2023/1542 mirror those of Regulation (EU) 2017/821, for which several schemes are being assessed for recognition, but no scheme has been recognised to date. Schemes that address battery raw materials still need to be further developed and implemented and then go through the recognition process for schemes under Regulation (EU) 2023/1542.

In addition, Article 94 i of Regulation (EU) 2023/1542 requires the Commission to assess, one year after the Directive (EU) 2024/1760 on corporate sustainability due diligence ( 2 ) was adopted, whether amendments to the battery due diligence obligations are necessary in light of the adoption of that Directive. While it is too early for such an assessment, especially because the Commission proposed amendments to Directive (EU) 2024/1760 on 26 February 2025, consistency in implementation could be improved by developing the guidelines for both pieces of legislation hand in hand, if the application dates allow to do so.

For these reasons, the Commission considers that the date of application of the battery due diligence obligations specified in Article 48(1) of Regulation (EU) 2023/1542 should be postponed by two years to allow economic operators placing batteries on the EU market to be better prepared, with the help of guidelines, and to allow time to resolve difficulties with the availability of notified bodies.

• Consistency with existing policy provisions in the policy area

The adoption of Regulation (EU) 2023/1542 was an integral part of the European Green Deal and is coherent with its overall objectives and all the initiatives developed under it. This proposal does not amend any substantive rules of Regulation (EU) 2023/1542 but merely aims to accord additional time for economic operators placing batteries on the EU market to be better prepared and to resolve difficulties with the availability of notified bodies.

• Consistency with other Union policies

Directive (EU) 2024/1760 on corporate sustainability due diligence lays down rules and obligations to ensure that companies identify and address potential and actual adverse human rights and environmental impacts in the company’s own operations, their subsidiaries and, when related to their chains of activities, those of their business partners.

Directive (EU) 2024/1760 was adopted after the adoption of Regulation (EU) 2023/1542. It specifies that the Directive is ‘without prejudice to obligations in the areas of human, employment and social rights, and of protection of the environment and climate change under other Union legislative acts’, and that ‘if a provision of this Directive conflicts with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provision of that other Union legislative act shall prevail to the extent of the conflict and shall apply as regards those specific obligations.’ This is the case for the more specific requirements of the battery due diligence policy in Regulation (EU) 2023/1542. Operators in the battery supply chain must therefore apply the battery due diligence policy of Regulation (EU) 2023/1542 insofar as they are more extensive or more specific, instead of the equivalent provisions in Directive (EU) 2024/1760 for the supply chain stages and the minerals specified. For other operations, operators in scope of both legislative acts must follow the rules of Directive (EU) 2024/1760.

There are some elements where the due diligence obligations of Regulation (EU) 2023/1542 are not harmonious with the provisions of Directive (EU) 2024/1760. This is because Regulation (EU) 2023/1542 is product-specific and Directive (EU) 2024/1760 is cross-sectorial.

This proposal addresses consistency to the extent possible by harmonising the publication dates for guidelines under both pieces of legislation so they can be developed hand in hand.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

Due diligence obligations on economic operators placing batteries on the market or putting them into service should prevent and reduce adverse impacts of batteries on the environment and ensure a sustainable battery value chain. Such measures will help to ensure the transition to a circular economy and the long-term competitiveness of the EU. They should also contribute to the efficient functioning of the internal market, while taking into account a high level of protection of the environment. To prevent divergences hampering the free circulation of batteries Article 114 of the Treaty on the Functioning of the European Union should be used as a legal basis of the proposal.

• Subsidiarity (for non-exclusive competence)

This initiative is consistent with the principle of subsidiarity. Given the need to modify Regulation (EU) 2023/1542 by postponing the application of its due diligence obligations, the objectives of this initiative cannot be achieved by the Member States themselves.

• Proportionality

The proposal is consistent with the principle of proportionality, i.e. it does not go beyond what is necessary to meet the objectives of the Treaties and in particular the smooth functioning of the internal market. As with the subsidiarity test, it is not possible for Member States to address the issues without a proposal to amend the date of application of the due diligence obligations of Regulation (EU) 2023/1542.

• Choice of the instrument

The proposal amends Regulation (EU) 2023/1542 concerning batteries and waste batteries only as regards the postponement of the date of application. It should therefore follow the same type of act, i.e. a regulation.

3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex post evaluations/fitness checks of existing legislation

Not applicable.

• Stakeholder consultations

Not applicable.

• Collection and use of expertise

Not applicable.

• Impact assessment

Not applicable.

An impact assessment was carried out for the proposal, which led to the adoption of Regulation (EU) 2023/1542. The current proposal only amends the date of application of the due diligence obligations of Regulation (EU) 2023/1542.

• Regulatory fitness and simplification

The main goal of this proposal is 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.

The proposal does not change the substance of the rules, it only postpones their date of application.

• Fundamental rights

Not applicable.

4. BUDGETARY IMPLICATIONS

Not applicable.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Not applicable.

• Detailed explanation of the specific provisions of the proposal

Not applicable.