EU Batteries Regulation: the Commission key changes to due diligence policy

One of the most relevant novelties for our industry is the new set of proposed amendments to the EU Batteries Regulation (EUBR) aimed at simplifying and postponing the enforcement of battery due diligence requirements and obligations. In force since August 2023, the EUBR establishes binding requirements on sustainability, safety, labelling, due diligence, and recycling for batteries placed on the EU market. It limits the use of harmful substances in batteries and introduces regular reviews of substances of concern. Read more about the EUBR here.  

The Commission’s new proposals respond directly to the concerns raised by CECE members over the last year, particularly regarding delays in publishing the implementation guidelines – originally expected by February 2025 – as well as in accrediting National notified bodies, which are essential for third-party verification. Below is a summary of the proposed changes: 

1. Two-year postponement of the enforcement of due diligence requirements
The compliance deadline for battery due diligence obligations is now proposed to be moved to August 2027. This delay is justified by the lack of accredited national notified bodies to date in the absence of formal guidance. By August 2027, companies will need to have independently verified systems in place to demonstrate compliance. Read the Commission’s proposal here. 

2. New deadline for the publication of the implementation guidelines 
The Commission’s official implementation guidelines on due diligence requirements are now expected by 26 July 2026. This timing is justified to allow alignment with other EU corporate sustainability legislation, helping avoid conflicting or overlapping obligations. 

3. Exemption extended to small mid-cap enterprises
The Commission proposes to raise the annual turnover threshold to determine the companies in scope of the due diligence rules from €40 million to €150 million. This change extends the existing exemption (previously only for SMEs) to also cover small mid-cap enterprises, significantly reducing the regulatory burden on smaller businesses. Read the Commission’s proposal here. 

4. Simplified reporting requirements
Under the proposed changes, the first public due diligence report would be due by August 2028, with subsequent reports required every three years instead of annually. This gives businesses more time to develop robust compliance systems. 

5. Push for Digital Documentation
In line with the EU broader digitalisation efforts, the Commission suggests further digitalising documentation processes in EU product legislation, including for both the Batteries Regulation and the Machinery Regulation. Read the Commission’s proposal here. 

It is important to note that these are still proposals, and they must go through the EU’s ordinary legislative procedure, requiring formal approval from both the European Parliament and the Council. However, progress is expected to be relatively smooth. While these proposed changes would ease the administrative burden, the core obligations of the Batteries Regulation remain in place. 

CECE will continue to monitor these developments closely and advocate for a practical, industry-aligned implementation of the due diligence requirements. We remain actively engaged in discussions at EU level and will keep our members informed with timely updates.