Omnibus IV: EU Commission to postpone battery-related due diligence obligations by two years

The European Commission has today published a proposal for an amending regulation to postpone the start date of the battery-related due diligence obligations by two years – from 18 August 2025 to 18 August 2027. The deadline for publishing the guidelines is extended by one year to 18 February 2026. This proposal is part of the Omnibus IV package of the European Commission. 

The Commission has outlined the following reasons in support of its proposal: 

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. 

Outlook 

The proposal does not change the content of the Battery Regulation but merely postpones the date of application of the battery-related due diligence obligations. The approval of the European Parliament and the Council is now required.