{
  "type": "problem",
  "slug": "battery-due-diligence",
  "lang": "en",
  "url": "https://www.conphora.com/solutions/problem/battery-due-diligence/",
  "markdown": "https://www.conphora.com/solutions/problem/battery-due-diligence.md",
  "title": "We are asked about battery due diligence",
  "description": "Battery due diligence under Regulation (EU) 2023/1542: who is in scope, the 18 August 2027 start, the raw materials covered and what to tell a customer.",
  "answer": "The battery due diligence duties in Articles 47 to 52 of the Battery Regulation (EU) 2023/1542 apply from 18 August 2027 to economic operators placing batteries on the market, except those below EUR 40 million net turnover whose group also stays below that limit. In-scope operators need a verified policy covering cobalt, natural graphite, lithium and nickel, and must pass relevant information to their immediate buyers.",
  "theme": {
    "id": "batteries-electronics",
    "label": "Batteries and electronics"
  },
  "roles": [
    {
      "id": "manufacturer",
      "label": "Manufacturer"
    },
    {
      "id": "importer",
      "label": "Importer"
    }
  ],
  "regulations": [
    "BattR"
  ],
  "path": [
    "regulation-library",
    "knowledge-articles"
  ],
  "trigger": "A customer's supplier questionnaire asks for your battery due diligence policy, notified body verification or the origin of cobalt and lithium",
  "keep": "Documentation of fulfilment, including the verification report, approval decision and audit reports, for 10 years after the last battery manufactured under the policy was placed on the market (Battery Regulation Article 48(3)); records of the management system for at least 10 years (Article 49(1)(c))",
  "why": [
    {
      "text": "Chapter VII of the Battery Regulation (EU) 2023/1542 imposes battery due diligence obligations on economic operators that place batteries on the market or put them into service (Article 1(2)). Its scope is limited by size: the chapter does not apply to economic operators that had a net turnover of less than EUR 40 million in the financial year preceding the last financial year and that are not part of a group which, on a consolidated basis, exceeds that limit (Article 47). It also does not apply to batteries that are placed on the market again after preparation for re-use, repurposing or remanufacturing, and it applies without prejudice to the Union rules on minerals and metals from conflict-affected and high-risk areas.",
      "sources": [
        1
      ]
    },
    {
      "text": "The start date has moved. Regulation (EU) 2025/1561 replaced the date in Article 48(1), 18 August 2025, with 18 August 2027, and moved the date for the Commission's guidelines in Article 48(5) to 26 July 2026. Its recitals explain why: the designation of notified bodies for third-party verification was taking longer than expected, and due diligence schemes for the raw materials still had to be developed and recognised.",
      "sources": [
        2
      ]
    },
    {
      "text": "From 18 August 2027, in-scope operators must set up and implement battery due diligence policies and have them verified by a notified body and periodically audited (Article 48(1)–(2)). The policy covers the raw materials in Annex X, point 1, namely cobalt, natural graphite, lithium, nickel and the chemical compounds based on them needed for active materials, and the social and environmental risk categories in point 2, from air, water, soil and biodiversity to occupational health and safety, child labour, forced labour, discrimination, trade union freedoms and community life. Article 49 requires a management system with top-management responsibility, a chain of custody or traceability system, supplier contracts and a grievance mechanism; Article 50 requires risk identification, a risk management plan and third-party verification of the operator's own due diligence chain.",
      "sources": [
        1
      ]
    },
    {
      "text": "The chapter is built to travel down the supply chain. In-scope operators make all relevant information gained under their policy available to their immediate downstream purchasers, with due regard for business confidentiality (Article 52(2)); publish an annual report on their policy, including a summary of the third-party verifications (Article 52(3)); and give authorities the verification report, approval decision and audit reports on request (Article 52(1)). They keep the documentation for 10 years after the last battery manufactured under the policy was placed on the market (Article 48(3)).",
      "sources": [
        1
      ]
    }
  ],
  "steps": [
    {
      "name": "Check whether the chapter applies to you",
      "text": "The due diligence chapter does not apply to economic operators with a net turnover of less than EUR 40 million in the financial year preceding the last financial year, unless they are part of a group that exceeds that limit on a consolidated basis. It also does not apply to re-used, repurposed or remanufactured batteries already placed on the market before.",
      "item": "regulation-library"
    },
    {
      "name": "Note the date and tell the customer",
      "text": "The obligations apply from 18 August 2027. Regulation (EU) 2025/1561 moved the start from 18 August 2025; its recitals give as reasons that the designation of notified bodies was taking longer than expected and that due diligence schemes still had to be developed and recognised (recitals 3 and 4). Answer the questionnaire with your scope result and your plan, not with a policy you do not yet have."
    },
    {
      "name": "If you are in scope, build the management system",
      "text": "Adopt a battery due diligence policy for cobalt, natural graphite, lithium, nickel and the compounds needed for active materials, consistent with the recognised international instruments. Give top management responsibility, set up supply chain traceability identifying upstream actors, put the policy into supplier contracts, and establish a grievance mechanism.",
      "item": "knowledge-articles"
    },
    {
      "name": "Identify the risks and respond to them",
      "text": "Identify and assess the social and environmental risks listed in Annex X in your supply chain, report the findings to top management, and implement a risk management plan, including considering suspending or discontinuing engagement with a supplier after failed attempts at mitigation (Article 50(1)(b))."
    },
    {
      "name": "Plan for verification, disclosure and your buyers",
      "text": "A notified body verifies the policy and audits it periodically. In-scope operators publish an annual report on their policy, give authorities the verification documents on request, and make relevant information available to their immediate downstream purchasers, with due regard for business confidentiality."
    }
  ],
  "documents": [
    {
      "name": "The company battery due diligence policy",
      "from": "The in-scope economic operator, communicated to suppliers and the public",
      "ground": "Battery Regulation Article 49(1)(a)"
    },
    {
      "name": "The notified body's verification report, approval decision and audit reports",
      "from": "The notified body",
      "ground": "Battery Regulation Articles 48(2) and 51(2)"
    },
    {
      "name": "Supply chain documentation per raw material",
      "from": "The in-scope economic operator and its suppliers",
      "ground": "Battery Regulation Article 49(2)"
    },
    {
      "name": "The annual public report on the due diligence policy",
      "from": "The in-scope economic operator",
      "ground": "Battery Regulation Article 52(3)"
    }
  ],
  "risks": [
    {
      "title": "The authority can stop the batteries",
      "text": "Where an economic operator does not fulfil its due diligence obligations, the Member State requires it to end the non-compliance; if it persists and there is no other effective means, the Member State restricts or prohibits the batteries and, if the non-compliance is serious, ensures they are withdrawn or recalled (Battery Regulation Article 84).",
      "source": 1
    },
    {
      "title": "Documents on request",
      "text": "In-scope operators must make the verification report, approval decision and audit reports available to market surveillance or national authorities on request (Battery Regulation Article 52(1)).",
      "source": 1
    },
    {
      "title": "Penalties under national law",
      "text": "Member States lay down effective, proportionate and dissuasive penalties for infringements of the regulation (Battery Regulation Article 93).",
      "source": 1
    }
  ],
  "faq": [
    {
      "q": "From when do the due diligence obligations apply?",
      "a": "From 18 August 2027 (Battery Regulation Article 48(1), as amended by Regulation (EU) 2025/1561, which replaced the earlier date of 18 August 2025)."
    },
    {
      "q": "We are below EUR 40 million. Can we ignore the customer's questions?",
      "a": "The chapter does not apply to you if you are below that turnover and not part of a group above it (Article 47). Your customer may still be in scope and may ask; what you share then is a matter for agreement between you."
    },
    {
      "q": "Which raw materials are covered?",
      "a": "Cobalt, natural graphite, lithium and nickel, and chemical compounds based on them that are necessary for manufacturing the active materials of batteries (Battery Regulation Annex X, point 1)."
    },
    {
      "q": "Can we rely on our supplier's verification?",
      "a": "You may use third-party verification reports issued by a notified body on your suppliers' policies, and you may collaborate through recognised due diligence schemes, but individual responsibility for your own policy stays with you (Battery Regulation Articles 48(4) and 50(3))."
    },
    {
      "q": "Does this replace the conflict minerals rules?",
      "a": "No. The chapter applies without prejudice to Union law on due diligence for minerals and metals from conflict-affected and high-risk areas (Battery Regulation Article 47, third paragraph)."
    }
  ],
  "sources": [
    {
      "title": "Regulation (EU) 2023/1542 concerning batteries and waste batteries (consolidated text of 13 August 2026)",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R1542-20260813",
      "accessed": "2026-10-04"
    },
    {
      "title": "Regulation (EU) 2025/1561 amending Regulation (EU) 2023/1542 as regards obligations of economic operators concerning battery due diligence policies",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/eli/reg/2025/1561/oj",
      "accessed": "2026-10-04"
    }
  ],
  "related": [
    "battery-passport",
    "battery-in-product",
    "battery-labelling",
    "retailer-proof"
  ],
  "reviewer": "Conphora compliance team",
  "reviewedAt": "2026-10-04",
  "notice": "General information, not legal advice."
}