On May 21, 2025, the European Commission filed a proposal to postpone the implementation of the due diligence obligations in Regulation 2023/1542, concerning batteries and waste batteries (the “EUBR”). The proposal would push the due diligence obligations by two years.
Based on the explanatory memorandum of the proposed regulation, the reason for the postponement is that the geopolitical landscape is “shifting.” The Commission recognized that the battery industry will need time to adjust.
Also, some Member States are not quite ready to implement the due diligence obligations of the EUBR: due diligence policies will have to be verified by a “notified body,” a private agency which itself must be accredited by the authorities. But it appears there is no standard for the accreditation of notified bodies for battery due diligence and, in certain Member States, no authority in charge of the notified bodies.
Finally, the Commission recognizes it would be better if the EUBR due diligence obligations could be consistent with those under the CS3D. Since the CS3D has been postponed, due diligence under the EUBR should be postponed as well, to assess whether consistency can be achieved “if the application dates allow" it to do so.
To help the battery industry navigate the challenges of sourcing raw materials in uncertain times, the Commission is giving companies more time to prepare for new due diligence rules. The deadline for complying with these rules will be pushed back by two years, from 2025 to 2027. This also offers more time for the setting up of third-party verification bodies.
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