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Current information regarding the EU Regulation on batteries and waste batteries

battery recycling concept. green battery with recycling symbol.

 

Regulation (EU) of the European Parliament and of the Council 2023/1542 of 12 July 2023 on batteries and waste batteries, amending Directives 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (hereinafter referred to as “Battery Regulation”) imposes due diligence obligations on operators in the field of batteries, which apply to the sourcing, processing and trading of cobalt, natural graphite, lithium and nickel used in the manufacture of batteries. Those due diligence obligations were to apply from 18 August 2025.

The due diligence obligations for batteries set out in the Batteries Regulation include requirements for verification by an independent third party, i.e. notified bodies. However, the appointment of these notified bodies across the EU is taking longer than expected. Also, due diligence systems for raw materials present in batteries still need to be further developed and subsequently go through a process of equivalence recognition by the European Commission.

To allow sufficient time for notification of conformity assessment bodies in the electronic database SMCS/NANDO and to enable operators placing batteries on the market to meet their obligations, the European Commission has proposed postponement of the expiry date of the due diligence obligations for batteries by two years.

The European Commission, the Council of the EU and the European Parliament agreed during July 2025 that Regulation (EU) 2023/1542 should therefore be amended accordingly. In view of the urgency of the matter and in order to provide legal certainty as soon as possible, it is considered appropriate to apply the exception to the eight-week deadline set out in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

The unofficial Czech translation of the text of the forthcoming regulation is as follows:

 Article 1

Amendments to Regulation (EU) 2023/1542

 Article 48 of Regulation (EU) 2023/1542 is amended as follows:

  • In paragraph 1, the date "18 August 2025" is replaced by " August 2027";
  • In paragraph 5, the date "18 February 2025" is replaced by " July 2026".

 Article 2

Entry into force: This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

As soon as the Regulation is published in the Official Journal of the EU, a link will be added to this update.