European Regulation 2023/1542, concerning batteries and waste batteries (the "EUBR"), is a dark horse. While it includes a number of restrictions associated with hazardous materials embedded in batteries, and Extended-Producer-Responsibilty provisions (as expected with respect to Equipments such as batteries), it also includes traceability and sustainability due diligence requirements.
The Corporate Sustainability Due Diligence Directive, whose implementation was recently postponed by the April 14, 2025, Stop the Clock Directive, is not the only one to require "duty of care". Other sectorial regulations include such requirements. In particular:
- The EU Conflict Mineral regulation, which primarily targets EU importers or smelters and requires traceability for tin, tantalum, tungsten and gold;
- The EU Deforestation Regulation, albeit postponed to 2026, which targets cattle, wood, cocoa, soy, palm oil, coffee, rubber, and some of their derived products; and
- The EU Batteries Regulation, whose due diligence requirements apply to large companies placing on the EU market, or putting into service, batteries that contain cobalt, natural graphite, lithium and/or nickel.
Specifically, the EUBR imposes a wide-reaching "due diligence" requirement on such companies. They need to establish and operate a system of controls and transparency regarding their supply chain, including a chain of custody or traceability system and identifying upstream actors. This system must be supported by detailed documentation, including all market transactions, from the raw material's extraction, to the immediate supplier of the reporting company.
In addition to these sustainability due diligence requirements, the EUBR contains requirements regarding safety issues, repairability (with an impact on product design), and end-of-life provisions to ensure that batteries are repurposed, remanufactured or recycled in circular economy schemes.
The EUBR mandates human rights due diligence, traceability and remediation for companies supplying most types of batteries — specifically targeting the sourcing of key minerals such as cobalt.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
