WEBINAR: New EU Batteries Regulation deadline
Following the anticipated EU Commission update on 21st May, we undertook a 30-minute webinar discussing the changes to the EU Batteries Regulation.
What does this mean for you?
This webinar will provide valuable insights into the proposed plans to simplify legislation, including the delayed enforcement date, increased turnover thresholds, and changes in reporting. We will share our perspective, as the authors of the official draft implementation guidelines, on the implications of these changes and offer guidance on what to do next if you are within scope!
Andrew Britton, CEO of Kumi and Alex Graf, who leads our work on the EU Batteries Regulation, are presenting this webinar to discuss the outcomes of the announcement.
To receive materials from this webinar on the EU Batteries Regulation update, fill in our form.
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 carbon footprint methodology has been developed by the Joint Research Centre and can be downloaded 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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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?
No formal impact assessment has been done. Our understanding is that the impact is anticipated to be minimal in terms of the numbers of economic operators who are subject to the Regulation, but it is likely there will be some companies who previously were 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 auditing also happen every three years?
No. In the proposal announced, there have been no changes to the annual audit requirements.
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Can we use CSRD reporting frameworks to report our due diligence efforts under the Battery Regulation?
CSRD reporting should remain eligible. As for your first report including EUBR due diligence, we suggest to explicitly state the covered compliance period (e.g. Aug-Dec 2027), and to include information on the remaining period before EUBR enforcement that is part of your CSRD reporting cycle (e.g. Jan-Jul 2027). Presumably, you will have preparatory activities to be reported.
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Is SMC (small/mid-cap enterprises) exempt from reporting requirements?
As the regulation now doesn’t apply to SMC’s there is no need to submit a report under the regulation.
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Is the due diligence requirement 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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When will notified bodies be appointed?
There is currently no timeline for the appointment of notified bodies.
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Are the due diligence requirements in the Battery Regulation being aligned with the Corporate Sustainability Due Diligence Directive (CSDDD)?
The EC is likely to seek further alignment between EUBR and CSDDD guidelines in terms of due diligence processes. However, there is no alignment currently under discussion in terms of scope and liability.
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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 the audit 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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Does every raw material stream need to have a traceability or chain of custody tool?
No. The EUBR does not dictate full end to end traceability. What is required is a minimal level of information about all relevant upstream suppliers as per the information requirements set out in articles 49.2. However, although not a legal requirement, it is considered best practice to have full traceability, using a tool or similar, to ensure that upstream information on suppliers is accurate and reliable.
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Is a traceability tool mandatory for all suppliers and materials, or is a risk-based approach allowed?
It 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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Does the €150 million turnover exemption apply to a single entity or a global group?
Turnover is based on the net turnover of the group.
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What guidance should I refer to in order to meet the EU Battery Regulation due diligence requirements?
Pending the release of the official guidelines (now due in July 2026) companies may refer to the OCED Due Diligence Guidelines and the frameworks identified in Annex X, and the UNGP’s, both of which inform the official EUBR guidelines.
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Is the due diligence requirement limited to Tier-1 suppliers, or does it 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 you foresee any group compliance schemes being set up? Have you seen any evidence of this happening yet?
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.
