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EU Battery Regulation Due Diligence Requirements Guidelines Publication Delayed

This blog was originally posted on 5th March, 2025. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY DILA ŞEN, GLOBAL REGULATORY & REQUIREMENTS COMPLIANCE SPECIALIST, COMPLIANCE & RISKS

Regulatory Uncertainty Grows as Business Await Crucial Compliance Guidance

The publication of the guidelines for the EU Batteries Regulation (EU) 2023/1542 due diligence requirements, originally expected by February 18, 2025, has been delayed. Kumi Consulting Ltd, the firm appointed by the European Commission to draft these guidelines, and the Directorate General for Internal Market, Industry, Entrepreneurship and SMEs in the European Commission have confirmed to Compliance & Risks that the process is currently on hold due to the ongoing omnibus regulation. This delay has raised concerns among businesses operating within the EU battery supply chain, as they had been awaiting detailed instructions on compliance obligations and risk mitigation strategies.

Background on the EU Batteries Regulation

The EU Batteries Regulation, which replaced the older Batteries Directive, is a comprehensive legislative framework aimed at promoting a more sustainable and circular battery economy. It was introduced in response to the growing demand for batteries—particularly for electric vehicles and renewable energy storage—and the need to reduce their environmental footprint. The regulation sets stringent sustainability, safety, and due diligence requirements for the entire battery lifecycle, from production and use to end-of-life management and recycling.

A key aspect of the regulation is its focus on responsible sourcing and corporate due diligence, particularly concerning raw materials such as lithium, cobalt, and nickel, which are often associated with environmental degradation and human rights concerns. To address these risks, Articles 49 and 50 of the regulation impose due diligence obligations on economic operators, requiring them to establish risk management systems, conduct supply chain audits, and report on their efforts to mitigate potential negative impacts.

Why the Guidelines are Important

The due diligence guidelines were expected to provide much-needed clarity on how companies should implement and demonstrate compliance with these obligations. While the regulation outlines general requirements, businesses have been awaiting further details on practical implementation, reporting obligations, and the specific methodologies for conducting risk assessments. The guidelines were also expected to address sector-specific concerns, such as how to manage complex global supply chains and how to align with existing international frameworks like the OECD Due Diligence Guidance for Responsible Supply Chains.

Without these guidelines, companies must rely solely on the regulation’s legal text and best practices in responsible sourcing. This creates challenges, particularly for small and medium-sized enterprises (SMEs) that may lack the resources to develop comprehensive due diligence programs on their own. The delay also increases uncertainty about regulatory enforcement timelines and potential penalties for non-compliance.

Implications for Business

While the exact timeline for publication remains uncertain, affected businesses should not delay their compliance efforts. Given the EU’s strong regulatory focus on sustainability and corporate accountability, companies that proactively implement robust due diligence measures will be better positioned to meet future enforcement requirements.

It recommended that companies take the following steps:

Conduct a gap analysis to assess their current due diligence practices against the regulation’s requirements.
Engage with suppliers to improve transparency and traceability in battery supply chains.
Develop internal compliance frameworks that align with international due diligence standards, such as the OECD Guidelines.
Monitor regulatory updates from the European Commission and industry associations to stay informed about the latest developments.
Implement risk management systems that enable early identification and mitigation of supply chain risks.

For many businesses, the delay in guideline publication underscores the importance of proactive compliance planning. Companies that begin implementing due diligence measures now will not only reduce regulatory risks but also strengthen their position in an increasingly sustainability-focused market.

As the EU pushes forward with its green transition agenda, responsible battery production and supply chain transparency will remain a top priority. Economic operators must stay vigilant and adaptable, ensuring that they meet their obligations under the EU Batteries Regulation despite the delay in official guidance.

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