Since February 18, 2024 the Regulation (EU) 2023/1542 on batteries and waste batteries (Battery Regulation) has been in force. Further provisions and the associated obligations for the economic operators concerned are gradually coming into force (we reported).
However, as part of the fourth Omnibus Package (“Omnibus IV”), the EU Commission has now proposed changes to the Battery Regulation that will significantly impact on the obligations program. The new omnibus package is intended to ease the burden on companies in the battery industry with regard to supply chain obligations and digitalization. In this article, we look at the specific effects of Omnibus IV on the obligations under the Battery Regulation.
Later date of application and smaller scope of application for supply chain due diligence obligations
The Battery Regulation provides for due diligence obligations for the supply chains of batteries with regard to the raw materials nickel, lithium, cobalt, natural graphite, as well as their chemical compounds. Originally, these due diligence obligations were due to come into force on August 18, 2025. However, given the high legal requirements and the lack of guidelines from the EU Commission, this would have posed a significant challenge for companies in such a short timeframe.
As a first measure, the EU Commission is therefore now postponing the date of application of the supply chain due diligence obligations. Affected companies therefore have time until August 18, 2027 to prepare and adapt their internal product compliance management system to the new requirements. Corresponding guidelines from the EU Commission on the implementation of the supply chain due diligence obligations should be available by July 26, 2026.
As part of a second measure, micro, small and medium-sized enterprises are also to be excluded from the scope of the supply chain due diligence obligations by raising the annual turnover threshold from EUR 40 million to EUR 150 million. This goes hand in hand with the introduction of a new category of company, the so-called “small mid-cap enterprises” (SMCs).
Furthermore, a simplification for public reporting is planned: Affected companies must regularly review their strategies for fulfilling supply chain due diligence obligations and prepare and publish a report on this. According to Omnibus IV, this must be done for the first time by August 18, 2028 and then only at least once every 3 years.
More digitalisation and reduction of bureaucracy
As part of the third measure, the European Commission intends to cut costs and bureaucracy for companies and encourage digitalisation in administration. This is to be achieved in particular by largely abolishing the paper format and relaxing information obligations.
Firstly, the term ‘digital contact’ is introduced. Currently, the definition is only available in English and states: „‘digital contact’ means any up-to-date and accessible online communication channel through which economic operators can be reached or engaged without the need to register or to download an application.“ In future, producers and importers of batteries are to provide this digital contact as a central point of contact instead of an email address and telephone number (in addition to the postal address).
In addition, the electronic form is expressly prescribed in various places. This has a particular impact on communication and documentation in connection with the conformity assessment procedure. For example, records, correspondence and the transmission of information and documents from the producer to the notified body and the handover of the information and documents required to demonstrate the conformity of the battery to the national authority should only take place electronically. Furthermore, the competent authorities may no longer request the EU declaration of conformity in paper format.
A further significant simplification is planned for the inclusion of instructions of use and safety information: Firstly, producers will in future only have to include this information with stationary battery energy storage systems, but no longer with other batteries, such as portable and e‑vehicle batteries. Secondly, they may generally be transmitted in electronic form. However, Omnibus IV provides for exceptions, e.g. in the case of delivery to consumers, combined with deadlines for requesting the documents in paper format and their provision by the producer.
Conclusion
With the new measures, the EU Commission intends to make things considerably easier for companies. The extensive abolition of the paper format is to be welcomed. However, it remains to be seen to what extent the desired digitalisation of communication with the authorities can be achieved in practice. The administration must also be able to implement the digital transformation.
At present, these are only proposals from the EU Commission, which must now be discussed in the European Parliament and the Council of the EU. Despite some simplifications, the supply chain due diligence obligations in particular remain essentially untouched and present companies with enormous challenges. Don’t hesitate to contact us if you have any questions regarding the implementation of these obligations via a Product Compliance Management System or other requirements in accordance with the Battery Regulation.
You may also be interested in the article Battery Regulation: Commencement of further obligations.
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