With the fourth omnibus package (COM(2025)258), the European Commission is planning to postpone the start of the due diligence obligations for battery manufacturers and importers provideded in Article 48(1) by two years: From 18 August 2025 to 18 August 2027. Likewise, the deadline for the publication of the associated guidelines in accordance with Article 48(5) is to be extended to 18 February 2026. The reason for this postponement is that many Member States have not yet appointed notifying authority.
Designation of notifying authorities as a structural bottleneck
The TÜV Association shares the Commission's view that a timely application of the due diligence obligations is not realistic under the current framework conditions. However, the reasons for this do not stem from the due diligence obligations themselves, but rather from an implementation deficit at Member State level. The TÜV Association shares the Commission's view that a timely application of the due diligence obligations for battery manufacturers is currently not realistic. However, the association does not see the cause in the concept itself, but rather in the sluggish implementation by the Member States - in particular the lack of notifying authorities. In Germany, despite the regulation being valid for two years, no notifying authority has yet been chosen. The national implementation law only provides for designation ‘by 18 August 2025 at the latest’ - too late to notify conformity assessment bodies in time. This leads to planning uncertainty for companies and notified bodies as well as distortions of competition in the internal market.
Establishing regulatory certainty: Set binding designation deadlines at EU level
In order to avoid similar delays in the implementation of regulatory requirements, the TÜV Association recommends setting binding deadlines for the designation of notifying authorities by EU Member States in future EU legislation. These deadlines should be at least 12 to 18 months before the respective legal requirements enter into force. A reliable, Europe-wide harmonised timeframe is needed in order to:
- create planning security for companies, notified bodies and notifying authorities,
- avoid distortions of competition caused by asynchronous national notifications, and
- ensure the timely operational readiness of notified bodies
Reliable deadlines strengthen business confidence in European harmonisation legislation and significantly contribute to improve the regulatory framework and the New Legislative Framework in particular.