WEBINAR: Navigating the EU Batteries Regulation: Implications for US companies (With Ropes & Gray)
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The EU Batteries Regulation (EUBR) introduces the most comprehensive supply chain due diligence requirements seen in EU product legislation to date, with important implications for many US companies. These requirements exist in a context that intersects with existing, pending and proposed regulations, such as the U.S. Uyghur Forced Labor Prevention Act (UFLPA), the EU Forced Labour Regulation, and the Critical Raw Materials Act, creating a more complex regulatory landscape that companies must now navigate.
In this webinar, Kumi and Ropes & Gray break down the EU Batteries Regulation requirements and explain what affected U.S. companies need to know and do now. The session covers:
- EUBR 101: A concise introduction to the due diligence and supply chain traceability requirements under the EU Batteries Regulation, including an update on recent developments, including the recent European Commission proposal to amend the EUBR and current implementation status.
- Implications for U.S. companies: Practical insight into what companies should be doing to assess exposure, prepare systems and meet evolving expectations.
- Regulatory linkages: How the EUBR compares to and connects with other key frameworks — including U.S. forced labor laws (like UFLPA) and EU instruments such as the Critical Raw Materials Act and Forced Labour Regulation.
This session is designed for legal, compliance, and supply chain professionals looking to stay ahead of the curve on global due diligence requirements – and to turn regulatory readiness into a strategic advantage.
Frequently asked questions
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Has the carbon footprint calculation methodology changed for electric vehicle batteries?
The Omnibus IV did not include any changes to the carbon footprint calculation or other non-due diligence requirements under the EUBR. The Joint Research Centre is developing the carbon footprint rules for Light Means of Transport and Industrial batteries (CFB-LMT and CFB-IND respectively). More information on the respective rules and their status can be found online (https://eplca.jrc.ec.europa.eu/EU_BatteryRegulation_Art7.html). The methodology for electric vehicles is still in the final draft version. Kumi is not aware of the publication dates.
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When will the EUBR guidance be finalised/published?
Based on the Omnibus IV proposal from May 2025, the guidelines will be published by July 2026.
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Does the delay to the due diligence requirements also mean other deadlines (like for battery passports) will be delayed?
The Omnibus IV did not include any changes to other requirements under the EUBR.
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What is the impact of increasing the exemption threshold from €40 million to €150 million turnover?
Kumi is not aware of any formal impact assessment conducted by the EC. Our understanding is that the impact is anticipated to be minimal in terms of the number of economic operators who are subject to the Regulation, but it is likely that there will be some companies that were previously in scope as economic operators, who will no longer be in scope.
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Do companies still need to be audited by a notified body by August 2027?
Yes. Economic operators need to be third-party-verified by a notified audit latest by August 2027.
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Are any national authorities close to appointing a notified body yet?
No. There is currently no established process to select a notified body at this stage. We will update on this point, once we have more information.
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If reporting is only required every three years, does third-party verification by notified bodies also happen every three years?
No. In the proposal announced, there have been no changes to the annual third-party verification requirements.
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What do you suggest if our battery suppliers are not interested in sharing their supply chains?
The regulation requires economic operators to provide information on the origin of the in-scope raw materials and the ESG risks associated with the production and processing of these raw materials. These requirements will apply to all economic operators in every EU Member State. Therefore, it can be anticipated that, in time and through collective leverage, the willingness of suppliers to share the information necessary for compliance will increase if those suppliers wish to continue to sell products into the EU market. That said, if companies are making information requests that go further than that necessary to fulfil the requirements to conduct risk-based due diligence, they should not be surprised if they continue to face resistance.
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Are the due diligence requirements based on the materials used in the battery, regardless of where they are used?
The due diligence requirements apply to the active battery materials only.
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How do changes to due diligence affect the information needed for the battery passport?
The changes have no impact on the battery passport deadlines. There is no direct relationship between the due diligence requirements and the battery passport, other than the requirement to include the public due diligence report. The first due diligence report will be due by August 2028, and at least every three years thereafter.
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What happens if due diligence activities have only just started by third-party verification deadline in August 2027?
The third-party verification will take place prior to the reporting requirement. This means that companies should be prepared to implement management systems and processes before August 2027 ready for review by a notified body.
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Is a traceability tool mandatory for all suppliers and materials, or is a risk-based approach allowed?
Traceability is not risk-based because, by default, companies need to collect the minimum information as specified by Article 49.2.
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What types of due diligence schemes are being assessed for official recognition?
The recognition of due diligence schemes (Article 53) is still in the process of being set up, but there is currently no timeline for this.
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Are the due diligence requirements limited to Tier-1 suppliers, or do they apply to the whole value chain?
Without being able to predict the final outcomes of ongoing omnibus negotiations, it is unlikely that there will be changes to the supply chain scope of the EUBR.
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Do companies still need to be third-party verified by a notified body by August 2027?
Yes. Economic operators need to be third-party-verified by a notified body latest by August 2027 according to the Omnibus IV proposal.
