Battery Due Diligence under the EU Battery Regulation: Who Must Comply, From When and What It Requires

Operators with a net turnover below EUR 40 million that are not part of a larger group are exempt (Article 47), and the duties reach all five battery categories rather than one type of battery. Chapter VII is one of the 14 chapters of the EU Battery Regulation, which has applied since 18 February 2024.

The sections below set out who must comply, why the date moved, what Annex X covers and what operators must set up, followed by the status of the guidelines and scheme acts, enforcement under Article 84 and in Germany, and the pending Omnibus IV proposal.

What Is Battery Due Diligence under the Battery Regulation?

Battery due diligence is the set of obligations of an economic operator on its management system, risk management, third-party verification and surveillance by notified bodies and disclosure of information, with the purpose of identifying, preventing and addressing social and environmental risks linked to the sourcing, processing and trading of the raw materials and secondary raw materials needed for battery manufacturing (Article 3(1), point (42)).

The definition covers actual and potential risks, including those of suppliers in the chain and their subcontractors. Chapter VII, titled "Obligations of economic operators as regards battery due diligence policies", holds Articles 47 to 53, and Article 84 enforces it. The table below maps each provision to its subject.

The term "conflict-affected and high-risk areas" carries the meaning given in Article 2, point (f), of Regulation (EU) 2017/821 (Article 3(1), point (45)), and recital 88 makes that act's list of such areas relevant for batteries. Member states may set up dedicated websites, platforms or portals to support operators (Article 48(6)).

Due Diligence Policy, Verification and Guidelines

Three guides cover battery due diligence in detail: the policy and management system an operator sets up, the verification of that policy by a notified body, and the Commission guidelines that Article 48(5) requires. The table below lists each guide with its legal hook and status.

None of the delegated or implementing acts adopted under the Regulation as of 13 November 2026 concerns Chapter VII. The text of Articles 47 to 53 and Annex X is therefore the binding source for operators preparing now, and the table shows the status of each open item.

Need help preparing for battery due diligence? Where due diligence sits among the other duties is set out under how to comply with the EU Battery Regulation.

Who Must Comply: The EUR 40 Million Turnover Threshold

Chapter VII does not apply to an economic operator that had a net turnover below EUR 40,000,000 in the financial year preceding the last financial year and that is not part of a group of parent and subsidiary undertakings exceeding that figure on a consolidated basis (Article 47, first paragraph).

Every other operator placing batteries on the market or putting them into service carries the duties (Article 48(1)). The terms "subsidiary" and "parent company" are defined in Article 3(1), points (43) and (44). How the roles of manufacturer, importer and distributor differ is set out under Battery Regulation obligations by role.

Under the group test, a small subsidiary of a group above EUR 40 million on a consolidated basis is not exempt. Chapter VII applies without prejudice to Union law on due diligence for minerals and metals from conflict-affected and high-risk areas (Article 47, third paragraph). The table below sets out all five tests.

The Article 47 Exemption for Batteries Already Placed on the Market

Chapter VII does not apply to batteries that were already placed on the market or put into service and then undergo preparation for re-use, preparation for repurposing, repurposing or remanufacturing (Article 47, second paragraph). The exemption attaches to the battery's history, not to the operator.

An operator above the turnover test still needs a policy for the new batteries it places on the market. Other duties follow the used battery: the operator that first makes it available after these operations is its producer (Article 56(2)). The full rules for second-life batteries sit on their own page.

All Five Categories Covered, No Capacity Condition

Battery due diligence covers portable, LMT, SLI, industrial and electric vehicle batteries alike, because Chapter VII sets no category restriction and no capacity condition (Articles 47 and 48(1)). The turnover test of the operator decides, so a portable battery maker carries the same duties as a traction battery maker.

This differs from the battery passport, which covers every LMT battery, every electric vehicle battery and only those industrial batteries with a capacity greater than 2 kWh (Article 77(1)). The table below sets out each category against the due diligence duty.

From When Battery Due Diligence Applies: 18 August 2027

Battery due diligence applies from 18 August 2027: Regulation (EU) 2025/1561 replaced the original date of 18 August 2025 in Article 48(1) of Regulation (EU) 2023/1542.

Regulation (EU) 2025/1561 was adopted on 18 July 2025, published in OJ L, 2025/1561, on 30 July 2025 and has been in force since 31 July 2025. It also moved the Article 48(5) guidelines deadline from 18 February 2025 to 26 July 2026. Every other date sits on the EU Battery Regulation timeline.

Recitals 2 to 4 of Regulation (EU) 2025/1561 give three reasons for the two-year postponement: geopolitical sourcing challenges, the delayed designation of notified bodies, and schemes not yet developed and recognised. The act changed only the two dates, so the substance of Articles 47 to 53 stayed as adopted.

Annex X: Four Raw Materials and Three Risk Categories

Annex X, point 1, lists four raw materials, cobalt, natural graphite, lithium and nickel, together with the chemical compounds based on them that are necessary to manufacture the active materials of batteries. No other material, such as manganese, copper or aluminium, falls under point 1, and synthetic graphite is not natural graphite.

Point 2 sorts the risks into three categories: (a) environment, climate and human health, such as air including greenhouse gas emissions, water, soil and biodiversity; (b) human rights, labour rights and industrial relations, such as child labour, forced labour and trade union freedoms; (c) community life, including that of indigenous peoples.

Point 3 lists the international instruments behind the risks, such as the Paris Agreement; point 4 the due diligence instruments, such as the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises and the OECD minerals guidance.

The Commission may amend points 1 to 4 by delegated act (Article 48(8)), but Annex X is unamended as of 13 November 2026.

What Operators Must Set Up: Policy, Risk Management and Disclosure

Operators in scope set up a battery due diligence policy with a management system (Article 49), manage the risks it identifies (Article 50), have it verified by a notified body (Article 48(2)) and disclose the results (Article 52). These four steps answer what the Regulation requires for due diligence.

Article 49(1) sets six elements: a policy communicated to suppliers and the public (point (a)), standards consistent with Annex X, point 4 (point (b)), responsibility at top-management level with records kept for at least 10 years (point (c)), controls including chain of custody or traceability (point (d)), the policy in supplier contracts (point (e)) and a grievance mechanism (point (f)).

Article 50 requires the operator to identify and assess the risks, report to top management and adopt a risk management plan, and to consult suppliers and affected stakeholders before setting a measurable mitigation strategy (Article 50(2)).

Documentation is kept for 10 years after the last battery manufactured under the policy is placed on the market (Article 48(3)).

Operators may collaborate through recognised schemes without losing individual responsibility (Article 48(4)). Under Article 52 they give documents to authorities on request, inform immediate downstream purchasers, review and publish a report annually, including on the internet (Article 52(3)), and disclose conclusions on recycled sources (Article 52(4)).

Third-Party Verification by Notified Bodies

A notified body verifies the battery due diligence policy, audits it periodically and issues an audit report (Article 48(2)); a verification that finds Articles 49, 50 and 52 fulfilled ends in an approval decision (Article 51(2)). The notified body examines the activities, processes and systems the operator uses for those three articles.

The verification applies the OECD audit principles of independence, competence and accountability (Article 51(1)). After approval, the notified body requires corrective action where compliance lapses and may suspend, restrict or withdraw the decision (Article 33(4) and (5)). The public report under Article 52(3) then summarises the third-party verifications and names the notified body.

As of 13 November 2026, the NANDO database lists five notified bodies under Regulation (EU) 2023/1542, all scoped "Article 17 and Annex VIII". Recital 3 of Regulation (EU) 2025/1561 states that designation "is taking longer than expected". How bodies are listed is set out under notified bodies under the Battery Regulation.

Commission Guidelines: Deadline and Status as of 13 November 2026

The Commission had to issue guidelines on applying Articles 49 and 50 to the Annex X risk categories by 26 July 2026 (Article 48(5), as amended by Regulation (EU) 2025/1561), and no such guidelines are published in the Official Journal or on EUR-Lex as of 13 November 2026.

The guidelines follow the Annex X, point 3 and point 4, instruments and are not binding. The delegated act on scheme recognition criteria (Article 53(3), Have Your Say 14311) is at planning stage with no draft published, and both it and the Article 53(1) implementing act are planned for the fourth quarter of 2026.

Enforcement: Article 84 and National Fines

A market surveillance authority that finds a breach of Articles 48, 49 or 50 first requires the operator to end the non-compliance (Article 84). The first step is an order to comply, not a sales restriction. Market surveillance and national penalties are covered under Battery Regulation enforcement.

Where the non-compliance persists and no other effective means exist, the authority restricts or prohibits making the operator's batteries available on the market; in serious cases it orders their withdrawal or recall (Article 84(2)). The Regulation sets no fine amount and leaves penalties to the member states (Article 93).

Germany: BAFA and Fines up to EUR 500 000

In Germany, the Federal Office for Economic Affairs and Export Control (BAFA) is the competent authority for Chapter VII (§ 52 BattDG) and fines due diligence offences under § 60(2) Nr. 14 to 18, 20 and 22 BattDG with up to EUR 500,000 (§ 60(3), § 61(1) Nr. 2 BattDG). The BattDG is the German Battery Law Implementation Act.

Failing to provide the Article 52(1) documents (§ 60(2) Nr. 21) carries up to EUR 100,000, and other cases up to EUR 10,000 (§ 60(3)).

A periodic penalty payment (Zwangsgeld) of up to EUR 50,000 is available under § 58 BattDG. Registration, take-back and the other national rules are covered under EU Battery Regulation in Germany.

Pending Changes to Articles 47 and 52

As of 13 November 2026 Article 47 keeps its EUR 40,000,000 threshold: the Commission proposal COM(2025) 501 of 21 May 2025 (Omnibus IV, procedure 2025/0130(COD)), which would change Articles 47 and 52, is pending. Until an amending act is published in the Official Journal, the current text governs.

The procedure file shows the stage "Awaiting Parliament's position in 1st reading", with the agreed text approved in committee on 2 July 2026 and an indicative plenary date of 23 November 2026. The Commission's original text proposed a threshold of EUR 150,000,000 and a public report at least every three years.

Article 94(4) requires a Commission report on Chapter VII 12 months after the entry into force of a Union act on sustainable corporate governance and due diligence, or by 30 June 2031, whichever is the earliest.

The corporate sustainability due diligence directive and national supply-chain laws are separate regimes. Each change to Chapter VII is tracked under Battery Regulation amendments.

Battery Due Diligence FAQ

Five questions recur when battery due diligence meets other rules; each answer gives the article behind it.

Common Questions on Chapter VII

Chapter VII is often read through other regimes, and these answers keep to its text.

Can a non-EU manufacturer delegate due diligence to its representative?

No: Articles 48 to 52 cannot form part of the mandate of an authorised representative (Article 40(2)), although the representative keeps the verification report, the approval decision and the audit reports for 10 years (Article 40(3), point (a)).

Can any independent auditor verify a due diligence policy?

No: only a notified body verifies a battery due diligence policy (Articles 48(2) and 51); an independent third-party auditor is the model of the conflict minerals regulation (Article 6 of Regulation (EU) 2017/821). That act covers tin, tantalum, tungsten and gold, not the Annex X materials; the differences are set out under battery due diligence vs the conflict minerals regulation.

Does battery due diligence apply only to electric vehicle batteries?

No: Chapter VII applies to all five battery categories, so the operator's turnover under Article 47 decides, not whether the battery is portable, LMT, SLI, industrial or an electric vehicle battery.

Has the Omnibus IV threshold change been adopted?

No: as of 13 November 2026 COM(2025) 501 is pending, awaiting Parliament's first-reading position with an indicative plenary on 23 November 2026, so the EUR 40,000,000 test of Article 47 applies.

Where is the public due diligence report published?

The operator reviews and publishes the Article 52(3) report annually, including on the internet; from 18 February 2027 the QR code of each battery without a passport gives access to it (Article 13(6), point (b)). For every LMT and electric vehicle battery and each industrial battery with a capacity greater than 2 kWh, the battery passport shows the responsible-sourcing information publicly (Annex XIII, point 1(d)).