Regulation (EU) 2023/1542, on batteries and waste batteries, (Battery Ordinance – BattVO) has been in force since 18 February 2024. Since that day, the regulations and the associated obligations of the affected economic actors have been successively applied (we reported). However, various areas of the BattVO also require activities on the part of the EU and its member states to implement and also substantiate the BattVO. In this article, we have listed an overview of the essential to-dos of the legislators, some of which are already due, and described their effects on economic actors.
Legal acts due
The EU Commission should already have adopted a delegated act by 18 February 2024, which specifies the method by which the CO2 footprint for electric vehicle batteries is calculated and verified. So far, only a draft has been submitted for this. In addition, the format for the CO2 footprint statement should be established by an implementing act. This legal act is also still at the draft stage. In addition, the format for the CO2 footprint statement should be established by an implementing act. However, economic operators can look forward to this delay with confidence. This is because the obligation to prepare a declaration on the CO2 footprint does not apply until twelve months after the entry into force of the aforementioned legal acts (cf. Article 7(1)(2)(a) of the BattVO).
With regard to the drafts, it is already worth mentioning that according to the draft for the electricity supply, the calculation of the CO2 footprint should not be based on the actual electricity used. Rather, the national average electricity consumption mix is to be used as a basis (see Annex 2.4 and 2.4.1 of the draft). For companies in Germany, this would mean a disadvantage in a European comparison (approx. 12.8% in 2023) due to the comparatively high share of coal in the electricity mix (26.1% in 2023).
Preparations for the implementation of supply chain due diligence obligations
To the extent that this has not already been done, affected economic actors in the battery industry will have to deal with the sector-specific supply chain due diligence obligations under the BattVO in the future. As a basis for this, the EU Commission is to publish guidelines for the application of the due diligence obligations laid down in Articles 49 and 50 of the BattVO by 18 February 2025 (Article 48(5) of the BattVO). A draft for this is not yet available. If the guidelines are published on time, the economic actors concerned will only have six months to take the guidelines into account during implementation. If the EU Commission were to be late in publishing the guidelines, this would make the situation even more difficult for economic actors. This is because the date of application of the supply chain due diligence obligations (18 August 2025) is not linked to the publication of the guidelines.
In the context of supply chain due diligence obligations, the EU Commission must also define the requirements for the application for recognition of a system for the fulfilment of due diligence obligations (Art. 53(1) of the BattVO). An implementing act is currently being prepared and is expected to be adopted in the third quarter of 2025. A draft is not yet available.
Status of the draft for a Battery Law Implementing Act
Various topics of the BattVO also require national implementation by the individual member states. This also applies, among other things, to the designation and establishment of bodies responsible for the notification of conformity assessment bodies. At the beginning of May 2024, the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV) presented a draft bill for an EU Battery Law Amendment Act, which is intended to serve the national implementation of the provisions of the BattVO in Germany. The Battery Law Implementing Act (BattDG) contained therein regulates, among other things, the determination of responsibilities and powers. For example, it is expected that the federal states will be assigned the task of setting up the bodies responsible for notifying conformity assessment bodies (Section 39 of the BattDG). Statements have already been made by some states and associations and the Federal Cabinet recently adopted the BattDG. After consulting the Bundesrat, the draft law is now before the Bundestag for adoption. Most of the law is to enter into force on 18 August 2025, at the same time as the start of further provisions of the BattVO.
Conclusion
The applicability of many of the obligations of the BattVO depends on the entry into force of the necessary implementing acts, delegated acts and guidelines by the EU Commission. Accordingly, EU legislation must be awaited, also with regard to possible substantiations. However, economic actors affected by the BattVO should independently take steps and establish or supplement processes in order to meet the future requirements of the BattVO. This applies in particular with regard to the supply chain due diligence obligations that will apply from 18 August 2025.
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