--- title: "EU Batteries Regulation Due Diligence Thresholds" canonical_url: "https://www.sorena.io/artifacts/eu/batteries-regulation/due-diligence-thresholds" source_url: "https://www.sorena.io/artifacts/eu/batteries-regulation/due-diligence-thresholds" author: "Sorena AI" description: "Check when Chapter VII battery due diligence applies under Regulation (EU) 2023/1542, including the EUR 40 million turnover exclusion, second-life battery exclusion, raw material scope, and notified-body verification route." published_at: "2026-05-09" updated_at: "2026-05-09" keywords: - "EU Batteries Regulation" - "Regulation (EU) 2023/1542" - "Chapter VII due diligence" - "EUR 40 million turnover threshold" - "Annex X raw materials" - "notified body verification" - "Batteries Regulation" - "Chapter VII" - "battery due diligence" - "EUR 40 million turnover" --- **[SORENA](https://www.sorena.io/)** - AI-Powered GRC Platform [Home](https://www.sorena.io/) | [Solutions](https://www.sorena.io/solutions) | [Artifacts](https://www.sorena.io/artifacts) | [About Us](https://www.sorena.io/about-us) | [Contact](https://www.sorena.io/contact) | [Portal](https://app.sorena.io) --- # EU Batteries Regulation Due Diligence Thresholds Check when Chapter VII battery due diligence applies under Regulation (EU) 2023/1542, including the EUR 40 million turnover exclusion, second-life battery exclusion, raw material scope, and notified-body verification route. *Batteries Regulation* *Chapter VII scope* *EU* ## EU Batteries Regulation Due Diligence Thresholds Use this page to decide whether Chapter VII battery due diligence applies to an economic operator placing batteries on the EU market or putting them into service. It focuses on the grounded scope tests: the EUR 40 million turnover exclusion, group turnover condition, second-life battery exclusion, Annex X raw materials, and the notified-body verification route. Chapter VII of Regulation (EU) 2023/1542 is not a general supplier-code requirement for every battery business. It applies through a specific economic-operator scope test, excludes some lower-turnover operators and certain already-placed second-life batteries, and then points in-scope operators to due diligence policies for Annex X raw materials and third-party verification by a notified body. ## Chapter VII starts with the economic operator and turnover test Start with the legal actor, not the battery chemistry. Chapter VII concerns economic operators that place batteries on the market or put them into service, but Article 47 excludes operators below a net-turnover threshold when the group condition is also satisfied. The exclusion is narrow: it covers an economic operator that had net turnover below EUR 40 million in the financial year preceding the last financial year and is not part of a parent-subsidiary group whose consolidated turnover exceeds EUR 40 million. - Record the economic operator that places the battery on the market or puts it into service. - Check net turnover for the financial year preceding the last financial year against the EUR 40 million Article 47 threshold. - Check whether the operator belongs to a parent-subsidiary group that exceeds EUR 40 million on a consolidated basis. - Do not treat a small local entity as excluded if its consolidated group exceeds the Article 47 limit. - Do not use this thresholds page as a timing calendar; verify Chapter VII application dates against the current consolidated legal text before launch planning. Sources for this answer: - [Regulation (EU) 2023/1542 on batteries and waste batteries](https://eur-lex.europa.eu/eli/reg/2023/1542/oj/eng?ref=sorena.io) - Article 47 sets the Chapter VII turnover exclusion and the consolidated group condition. ## Second-life batteries can fall outside Chapter VII for that placing-on-market act Article 47 also excludes Chapter VII in relation to placing on the market or putting into service batteries that have already been placed on the market or put into service before preparation for re-use, preparation for repurposing, repurposing, or remanufacturing. This is not a blanket exemption for all reused or repurposed battery business. Keep the record tied to the specific battery, the earlier placing-on-market or putting-into-service evidence, the later operation performed, and the later placing-on-market act. - Capture whether the battery was already placed on the market or put into service before the later operation. - Name the later operation: preparation for re-use, preparation for repurposing, repurposing, or remanufacturing. - Keep evidence that the Chapter VII exclusion is claimed only for the relevant second-life placing-on-market or putting-into-service scenario. - Separately assess other Batteries Regulation duties for second-life batteries; Article 47 only addresses Chapter VII due diligence scope. Sources for this answer: - [Regulation (EU) 2023/1542 on batteries and waste batteries](https://eur-lex.europa.eu/eli/reg/2023/1542/oj/eng?ref=sorena.io) - Article 47 excludes Chapter VII for specified second-life batteries that had already been placed on the market or put into service before the listed operations. ## Annex X defines the raw material scope for the due diligence policy For in-scope economic operators, the due diligence policy is not open-ended across every input. Article 49 points to the raw materials listed in Annex X and the associated social and environmental risk categories. Annex X lists cobalt, natural graphite, lithium, nickel, and chemical compounds based on those raw materials when the compounds are necessary for manufacturing the active materials of batteries. - Map whether cobalt, natural graphite, lithium, nickel, or covered chemical compounds are present in the batteries placed on the market. - For each covered raw material, keep supplier name and address, country of origin, transaction chain information, and quantity present in the battery where Article 49 requires those data points. - Assess Annex X risk categories covering environment, climate and human health, human rights, labour rights and industrial relations, and community life including indigenous peoples. - Do not expand this page's Chapter VII conclusion to other minerals, components, or ESG topics unless a separate source supports that extension. Sources for this answer: - [Regulation (EU) 2023/1542 on batteries and waste batteries](https://eur-lex.europa.eu/eli/reg/2023/1542/oj/eng?ref=sorena.io) - Annex X lists the raw materials and risk categories that Article 49 due diligence policies must address. - [EUR-Lex summary of Regulation (EU) 2023/1542](https://eur-lex.europa.eu/EN/legal-content/summary/sustainability-rules-for-batteries-and-waste-batteries.html?ref=sorena.io) - EUR-Lex summary confirms that companies must address social and environmental risks linked to sourcing, processing and trading raw materials such as lithium, cobalt, nickel and natural graphite. *Recommended next step* *Placement: after evidence section* ## Turn the Chapter VII scope test into an evidence record Use the due diligence threshold check to separate excluded operators, excluded second-life battery scenarios, in-scope raw materials, and the notified-body verification route. - [Open Research Copilot](/solutions/research-copilot.md): Answer EU Batteries Regulation questions with cited source material. - [Discuss Batteries Regulation implementation](/contact.md): Review Chapter VII scope, raw material evidence, and notified-body verification planning with Sorena. ## In-scope operators need notified-body verification, not self-certification alone Once Chapter VII applies, Article 48 requires the economic operator to set up and implement battery due diligence policies, have those policies verified by a notified body under Article 51, and have them periodically audited by that notified body. Article 51 describes the third-party verification route: the notified body checks the operator's activities, processes, and systems against Articles 49, 50 and 52, issues a verification report, and issues an approval decision when the policy fulfils those obligations. - Use the Chapter VII scope test before booking verification; the verification trigger follows the in-scope operator, not a separate material-volume threshold. - Select a notified body whose notification covers the relevant Batteries Regulation activities, procedures, and battery categories. - Keep the verification report, approval decision, periodic audit reports, and documentation demonstrating Articles 49, 50 and 52 compliance for the required retention period. - Make the annual public due diligence report identify the batteries concerned and summarize third-party verifications, including the notified body's name, while protecting business confidentiality where allowed. Sources for this answer: - [Regulation (EU) 2023/1542 on batteries and waste batteries](https://eur-lex.europa.eu/eli/reg/2023/1542/oj/eng?ref=sorena.io) - Articles 48, 51 and 52 establish third-party verification, periodic audit, retained evidence, and public reporting obligations for in-scope due diligence policies. - [Single Market Compliance Space notified bodies search](https://webgate.ec.europa.eu/single-market-compliance-space/notified-bodies/free-search?ref=sorena.io) - Official notified-body search interface used to find active notified bodies by legislation, article or annex, procedure, and products. ## A defensible threshold record should separate four conclusions The useful output is a short scope record that keeps each conclusion separate: operator turnover, group status, second-life battery status, and raw material scope. Mixing those questions can create false positives and false exemptions. For in-scope operators, the same record should hand off to the due diligence policy owner with the Annex X material list, supplier data gaps, risk assessment status, notified-body route, and public reporting owner. - Conclusion 1: Chapter VII excluded because both the operator turnover and consolidated group conditions are below the Article 47 threshold. - Conclusion 2: Chapter VII excluded for the specific second-life placing-on-market or putting-into-service scenario covered by Article 47. - Conclusion 3: Chapter VII applies, and Annex X raw material due diligence must be built for cobalt, natural graphite, lithium, nickel, and covered chemical compounds present in the batteries. - Conclusion 4: Chapter VII applies, and the operator needs notified-body verification, periodic audit, retained evidence, downstream information sharing, and an annual public report. Sources for this answer: - [Regulation (EU) 2023/1542 on batteries and waste batteries](https://eur-lex.europa.eu/eli/reg/2023/1542/oj/eng?ref=sorena.io) - Articles 47 to 52 and Annex X support the threshold record structure: scope exclusions, covered raw materials, management-system duties, risk management, verification, and disclosure. ## Primary sources - [Regulation (EU) 2023/1542 on batteries and waste batteries](https://eur-lex.europa.eu/eli/reg/2023/1542/oj/eng?ref=sorena.io) - Primary legal source for Chapter VII scope, Article 47 exclusions, Articles 48 to 52 due diligence obligations, and Annex X raw materials and risk categories. - Quote: "Obligations of economic operators as regards battery due diligence policies" - [EUR-Lex summary of Regulation (EU) 2023/1542](https://eur-lex.europa.eu/EN/legal-content/summary/sustainability-rules-for-batteries-and-waste-batteries.html?ref=sorena.io) - Plain-language EUR-Lex summary confirming the regulation's all-battery scope and its social and environmental due diligence focus for raw material sourcing, processing, and trading. - Quote: "applies to all batteries" - [Single Market Compliance Space notified bodies search](https://webgate.ec.europa.eu/single-market-compliance-space/notified-bodies/free-search?ref=sorena.io) - Official search interface for checking notified bodies by legislation, procedure, product, and notification status when planning Article 51 verification. - Quote: "Notification status" ## Related Topic Guides - [Batteries Regulation vs ESPR](/artifacts/eu/batteries-regulation/batteries-regulation-vs-espr.md): Compare EU Batteries Regulation duties with ESPR framework rules: scope, economic operators, DPP overlap, delegated acts, sustainability evidence, and reuse limits. - [Battery Passport Data Model Template for the EU Batteries Regulation](/artifacts/eu/batteries-regulation/battery-passport-data-model-template.md): Template for an EU Batteries Regulation battery passport data model: Article 77 scope, QR-linked identifiers, Annex XIII field groups, access tiers, owners, and evidence. - [Battery passport evidence workflow under EU Regulation 2023/1542](/artifacts/eu/batteries-regulation/battery-passport-evidence-workflow.md): Build a battery passport evidence workflow for Article 77 and Annex XIII: QR code access, access rights, provenance, conformity evidence, lifecycle updates, and ownership. - [Battery Passport vs ESPR Digital Product Passport](/artifacts/eu/batteries-regulation/battery-passport-vs-digital-product-passport.md): Compare the EU Batteries Regulation battery passport with the ESPR digital product passport framework across scope, access rights, QR and data carrier rules, interoperability, and reuse limits. - [EU Batteries Regulation Applicability Test](/artifacts/eu/batteries-regulation/applicability-test.md): Decide whether Regulation (EU) 2023/1542 applies to a battery, battery cell, module, pack, product with an incorporated battery, operator role, or EU market activity. - [EU Batteries Regulation Article 11 removability FAQ](/artifacts/eu/batteries-regulation/faq/removability-and-replaceability.md): FAQ on Article 11 removability and replaceability duties for portable and LMT batteries, including end-user removal, professional replacement, spares, software, and evidence. - [EU Batteries Regulation Article 11: battery removability and replaceability](/artifacts/eu/batteries-regulation/removability-and-replaceability.md): Article 11 guidance for portable and LMT batteries: end-user replacement, independent professionals, instructions, spare batteries, compatible batteries, software limits, and evidence. - [EU Batteries Regulation Article 13 labels and consumer information](/artifacts/eu/batteries-regulation/labeling-and-consumer-information.md): Article 13 guide to EU battery labels, separate collection marking, heavy-metal symbols, QR code links, capacity and duration notices, packaging fallback, and evidence. - [EU Batteries Regulation Article 8 recycled content calculation FAQ](/artifacts/eu/batteries-regulation/faq/recycled-content-calculation.md): FAQ on Article 8 recycled content calculations for EU Batteries Regulation battery models, materials, thresholds, documentation, and delegated methodology status. - [EU Batteries Regulation Battery Categories and Scope](/artifacts/eu/batteries-regulation/battery-categories-and-scope.md): Classify batteries under Regulation (EU) 2023/1542 across portable, SLI, LMT, electric vehicle, and industrial categories, including incorporated batteries and multipurpose products. - [EU Batteries Regulation battery category routing workflow](/artifacts/eu/batteries-regulation/battery-category-routing-workflow.md): Classify portable, SLI, LMT, EV, industrial, and incorporated batteries under Regulation (EU) 2023/1542, then route carbon footprint, recycled content, passport, removability, due diligence, and waste-battery duties. - [EU Batteries Regulation Battery Passport Fields](/artifacts/eu/batteries-regulation/battery-passport-fields.md): Field-level guide to Article 77 and Annex XIII battery passport data: scope, QR access, public and restricted fields, and model versus individual battery records. - [EU Batteries Regulation battery passport fields FAQ](/artifacts/eu/batteries-regulation/faq/battery-passport-fields.md): FAQ on Article 77 and Annex XIII battery passport field groups, public and restricted access, QR codes, unique identifiers, and model versus individual battery data. - [EU Batteries Regulation category routing FAQ: portable, LMT, SLI, EV and industrial batteries](/artifacts/eu/batteries-regulation/faq/category-routing.md): FAQ guidance for routing batteries under Regulation (EU) 2023/1542 across portable, LMT, SLI, EV and industrial categories, including incorporated batteries and obligation checks. - [EU Batteries Regulation compliance checklist](/artifacts/eu/batteries-regulation/checklist.md): A grounded checklist for Regulation (EU) 2023/1542 covering battery category, operator role, conformity, CE marking, labels, QR codes, passports, removability, due diligence, waste batteries, and evidence records. - [EU Batteries Regulation compliance structure](/artifacts/eu/batteries-regulation/compliance.md): Structure Batteries Regulation compliance by battery category, operator role, conformity evidence, passport data, removability, due diligence, and waste-battery responsibility. - [EU Batteries Regulation Conformity Assessment](/artifacts/eu/batteries-regulation/conformity-assessment-and-ce-marking.md): Article 17 and Annex VIII guide to EU Batteries Regulation conformity assessment, EU declarations of conformity, CE marking, notified bodies, and release evidence. - [EU Batteries Regulation deadlines and compliance calendar](/artifacts/eu/batteries-regulation/deadlines-and-compliance-calendar.md): A grounded EU Batteries Regulation calendar for application dates, secondary-act dependencies, QR and passport milestones, removability, carbon footprint, recycled content, and waste obligations. - [EU Batteries Regulation due diligence program: Chapter VII requirements](/artifacts/eu/batteries-regulation/due-diligence-program.md): Article 47-52 guide to battery due diligence policies, management systems, supply-chain controls, Annex X risks, third-party verification, disclosure, and records. - [EU Batteries Regulation due diligence threshold FAQ](/artifacts/eu/batteries-regulation/faq/due-diligence-thresholds.md): FAQ on the EU Batteries Regulation Chapter VII due diligence threshold, Article 47 exclusions, Annex X raw materials, and verification and disclosure records. - [EU Batteries Regulation economic operator roles FAQ](/artifacts/eu/batteries-regulation/faq/economic-operator-roles.md): FAQ on manufacturer, importer, distributor, fulfilment service provider, producer, and second-life operator roles under Regulation (EU) 2023/1542. - [EU Batteries Regulation FAQ](/artifacts/eu/batteries-regulation/faq.md): Answers to practical EU Batteries Regulation questions on battery categories, CE conformity, QR labels, battery passports, due diligence, removability, and waste collection duties. - [EU Batteries Regulation NANDO and notified bodies FAQ](/artifacts/eu/batteries-regulation/faq/nando.md): When notified bodies matter under the EU Batteries Regulation, how to use the Single Market Compliance Space/NANDO lookup, and what scope evidence to retain. - [EU Batteries Regulation penalties and fines: Article 93 enforcement framework](/artifacts/eu/batteries-regulation/penalties-and-fines.md): Source-grounded guide to EU Batteries Regulation penalties: Article 93 Member State rules, market-surveillance action, formal non-compliance, due diligence enforcement, and evidence to preserve. - [EU Batteries Regulation Producer Responsibility](/artifacts/eu/batteries-regulation/waste-collection-and-producer-responsibility.md): Grounded guide to EU Batteries Regulation EPR: producer registration, free take-back, portable and LMT collection targets, distributor duties, treatment evidence, and Member State boundaries. - [EU Batteries Regulation producer responsibility reporting workflow](/artifacts/eu/batteries-regulation/producer-responsibility-reporting-workflow.md): A source-grounded workflow for EU Batteries Regulation producer registration, EPR reporting, collection evidence, take-back records, and Article 75 data handoffs. - [EU Batteries Regulation QR code and label timing FAQ](/artifacts/eu/batteries-regulation/faq/qr-and-label-timing.md): FAQ on Article 13 battery labels, the 18 February 2027 QR code rule, battery passport access, and Commission act dependencies under Regulation (EU) 2023/1542. - [EU Batteries Regulation recycled content and recovery targets](/artifacts/eu/batteries-regulation/recycled-content-and-recovery-targets.md): Article 8 recycled-content duties, Annex XII recycling efficiency and material recovery targets, covered battery categories, materials, dates, and evidence records. - [EU Batteries Regulation requirements overview](/artifacts/eu/batteries-regulation/requirements.md): A grounded overview of Regulation (EU) 2023/1542 requirements for battery scope, sustainability, conformity, labels, QR codes, passports, due diligence, waste duties, and evidence outputs. - [EU Batteries Regulation supplier due diligence questionnaire](/artifacts/eu/batteries-regulation/battery-due-diligence-supplier-questionnaire.md): Supplier questionnaire structure for EU Batteries Regulation battery due diligence: Chapter VII scope, Annex X raw materials, supply-chain evidence, verification, disclosure, and records. - [EU Batteries Regulation: carbon footprint declaration requirements and data](/artifacts/eu/batteries-regulation/carbon-footprint-declarations.md): Article 7 carbon footprint declaration scope, required fields, lifecycle stages, technical documentation, and public-access evidence for EU battery compliance. - [EU Batteries Regulation: CE Marking FAQ](/artifacts/eu/batteries-regulation/faq/ce-and-conformity-assessment.md): FAQ on Article 17 conformity assessment, Annex VIII modules, EU declarations of conformity, CE marking, notified bodies, and importer and distributor checks under Regulation (EU) 2023/1542. - [EU Batteries Regulation: choosing the right conformity assessment route](/artifacts/eu/batteries-regulation/conformity-assessment-route-workflow.md): Choose the Article 17 conformity assessment route for batteries under Regulation (EU) 2023/1542, including Module A, D1, G, notified body evidence, declaration, and CE marking outputs. - [EU Batteries Regulation: evidence pack for carbon footprint and recycled content targets](/artifacts/eu/batteries-regulation/carbon-footprint-and-recycled-content-evidence.md): What to keep for EU Batteries Regulation Article 7 carbon-footprint declarations and Article 8 recycled-content documentation, with covered battery categories and source-linked evidence fields. - [EU Batteries Regulation: Waste Collection FAQ](/artifacts/eu/batteries-regulation/faq/waste-collection-and-recycling-reporting.md): FAQ on EU Batteries Regulation waste battery collection, producer registration, free take-back, collection targets, recycling, and reporting evidence. - [EU Battery Passport Implementation Under Article 77](/artifacts/eu/batteries-regulation/battery-passport-implementation.md): Source-grounded implementation guide for Article 77 battery passports: scope, QR codes, identifiers, access rights, updates, storage, and responsibility transfers. - [FAQ: EU Batteries Regulation carbon footprint performance classes](/artifacts/eu/batteries-regulation/faq/carbon-footprint-classes.md): FAQ on Article 7 carbon footprint declarations, performance classes, maximum-threshold sequencing, covered battery categories, and delegated-act dependencies. --- [Privacy Policy](https://www.sorena.io/privacy) | [Terms of Use](https://www.sorena.io/terms-of-use) | [DMCA](https://www.sorena.io/dmca) | [About Us](https://www.sorena.io/about-us) (c) 2026 Sorena AB (559573-7338). All rights reserved. Source: https://www.sorena.io/artifacts/eu/batteries-regulation/due-diligence-thresholds