What does the due diligence obligation for batteries entail?
The due diligence obligation is about raw materials, not the passport
The due diligence obligation means that a market operator placing batteries on the market investigates where the raw materials in those batteries come from and what social and environmental risks are associated with their origin — consider human rights, child labour, working conditions and environmental damage in extraction and processing. Based on this inventory, the market operator implements a policy to mitigate those risks, documents that policy and reports on it. The focus is on four raw materials commonly found in batteries: cobalt, natural graphite, lithium and nickel, and their chemical compounds. This is separate from the digital product passport: the passport displays data on one specific battery, the due diligence obligation concerns the company's procurement policy as a whole, across the entire chain from raw material to battery.
Who this applies to and where the boundary lies
The obligation applies to market operators placing batteries on the EU market — in practice often manufacturers and importers, including those importing batteries or products with batteries from outside the EU. The regulation provides an exception for smaller market operators: those below a certain threshold fall outside this specific obligation. The exact threshold is set out in the regulation itself; it is not repeated here to avoid stating an incorrect figure — anyone wishing to know whether it applies to their own business should consult the official text. The obligation does not apply to those merely reselling batteries without themselves placing them on the market, and is separate from other obligations under the same regulation, such as recycling content, CO2 footprint or the digital passport — each of these has its own scope.
When this takes effect is not set out here
The due diligence obligation comes from a different part of the same Battery Regulation than the digital product passport, and therefore does not automatically have the same entry date as 18 February 2027 which applies to the passport. The exact date applying to articles 47 to 53 is set out in the regulation itself; that date is not mentioned here, to avoid stating an incorrect figure. What is certain: the obligation forms part of Regulation (EU) 2023/1542, and the scope, exceptions and manner of implementation are set out per article. For the exact entry date, the official text of the regulation is the first place to consult — not an estimate here.
How this is handled in practice
The first step is to determine whether a business falls within the definition of market operator — usually this applies to those themselves placing batteries or products with batteries on the market, not those merely reselling them — and whether the size of the business exceeds the threshold set out in the regulation. This is followed by an inventory of the raw materials used: which batteries contain cobalt, natural graphite, lithium or nickel, and through which suppliers they are sourced. On that basis, a risk management system is established that maps where social or environmental risks may occur in the chain. Next comes the policy itself: documenting what measures are taken to mitigate risks, and implementing that policy towards suppliers. A further step is verification by an independent third party, which checks whether the policy is actually followed. Finally, a form of reporting or disclosure is required, so that the approach is demonstrable — towards oversight, but also towards customers who themselves must account for their supply chain. For those trading in e-bikes, scooters or industrial batteries, the practical question often starts with their own supplier: do they already have a due diligence policy, and can that be requested and documented.
Where this is set out: articles 47 to 53
This obligation follows from the part of Regulation (EU) 2023/1542 that describes the "due diligence policy", laid down in Articles 47 to 53. Together, those articles govern the scope of the obligation, the exceptions for smaller market participants, the requirements for the risk management system, verification by third parties and the reporting obligation.
Anyone wishing to know whether this is relevant to their own business should start by reviewing Articles 47 and 48 in the official text of the regulation, and should also map out which raw materials are contained in the batteries used and through which suppliers they enter — this is the basis on which the rest of the policy is built.
What this is based on
The Regulation itself is on EUR-Lex. We refer for each statement; you need not believe us.
What you need to do concretely
What is expected of you
The due diligence obligation set out in Articles 47 to 53 of Regulation (EU) 2023/1542 (the Battery Regulation) concerns the origin of raw materials: cobalt, lithium, nickel and graphite, and the human rights and environmental risks associated with their extraction and processing. Those placing batteries on the market are expected to conduct a policy that identifies, mitigates and monitors those risks in the supply chain. That policy consists of a number of elements which are addressed separately below.
Draw up and document a due diligence policy
A documented policy is expected: how is the supply chain mapped, who is responsible internally, and how is action taken if something is found. For a company with 10 to 100 employees, this usually does not mean a separate compliance department, but rather a document stating who takes this on, which sources are used and what happens when a concern is raised. Without that document, there is no policy to fall back on when asked how risks have been assessed.
Map risks in the raw materials supply chain
This element requires finding out where the raw materials in a battery come from and what is known about risk areas. For an importer who purchases finished batteries from a factory, the first question often goes to the supplier: what data must I request from my battery supplier is then a logical starting point, since the origin of cobalt, lithium and graphite is not extracted or processed in-house, but is passed on through the supply chain. For assembled products, where cells come from one party and the rest of the pack from another, this becomes even more complex — see what data do I need to request from my cell supplier for the passport.
Mitigate risks and respond to them
If a risk is found — for example, a raw material from an area where human rights or environmental issues are known — a response is expected: enquire with the supplier, adjust procurement, or impose additional conditions. For smaller companies, this often means that the first step is taken in discussion with the supplier, not by investigating mines or smelters itself. More on the raw materials specifically mentioned is available at what should I know about cobalt, lithium and graphite from risk areas.
Verification by a third party
The Regulation provides for monitoring of the due diligence policy conducted by an independent party. This is not an internal check, but an external assessment of whether the policy exists and is applied as described. For a mid-sized company, this means that your own documentation must be in order before such an assessment takes place — improvised answers will not hold up.
Report on the policy conducted
It is expected that the due diligence policy is reported on, so that it is clear to the outside world what steps have been taken. This aligns with the administration that is being built up for the product passport itself, and for a company of this size is often a matter of reorganising existing data, not setting up something entirely new.
Where things go wrong in practice
A number of situations regularly occur with companies that have to deal with this obligation.
There is reliance on a statement from a factory in the Far East that "all raw materials have been purchased in compliance with the rules", without that statement being based on anything. On enquiry, it turns out that the factory itself does not know where the cells come from exactly. Those working with a factory abroad will find starting points at how do I get the correct passport data from a manufacturer in China.
A second situation: the due diligence policy is documented, but has never been applied to the company's own supply chain. The document is copied from a template or a sector example, but contains no specific information about the company's own suppliers or raw materials. This becomes immediately apparent during verification.
A third situation arises when the same battery is sourced through different channels — sometimes directly from the manufacturer, sometimes through an intermediary — without verifying whether the origin information matches between the two. See on this point what should I do if the same battery comes from different suppliers.
A fourth: the information provided by the supplier is adopted without further verification, even if it is incomplete or outdated. How to properly verify that information is explained at how do I verify whether my supplier's data is correct.
A fifth situation: no action is taken when a supplier simply does not respond to questions about raw material origin. That lack of response is not recorded and not followed up, whereas precisely that is a signal that calls for a response — see my supplier does not supply the data — what can I do.
What you can record
- A description of the due diligence policy: who is responsible, what sources are used, and how to proceed when a risk is identified.
- Correspondence with suppliers regarding the origin of cobalt, lithium, nickel and graphite, including the date and the question that was asked.
- An overview of which supplier provided which information, and whether that information was verified for accuracy and completeness.
- Agreements on the supply of origin data, included in the purchase contract — see how do I record the supply of passport data in my purchase contract.
- The format in which supplier data is received and processed, so that it aligns with what is needed for the passport — see in what format must I submit the battery data for the passport.
- A log of signals regarding risks in the raw materials supply chain and their follow-up.
- Reports or records of previous external verifications, if any have been carried out.
This is not legal advice. This page provides general information about the legislation that this platform covers. We do not know your situation. If in doubt about your own case, consult a lawyer or the competent supervisory authority.
Written with AI based on the sources above, checked by a human on 2026-08-22. Is something wrong? Let us know — corrections take priority.