Batteries are an essential component in the climate transition. In a circular and climate-neutral economy, it is also crucial that batteries are recycled at the end of their life cycle. To facilitate this, the EU will introduce the Battery Passport from 2027 onwards: a mandatory code on batteries that provides information on their composition, performance, capacity, and origin. In this blog post, we outline the key facts about the Battery Passport.
What is the Battery Passport?
The Battery Passport is a digital document that contains detailed information about a battery. More specifically, it refers to a QR code attached to a battery, allowing third parties—such as end-users, recyclers, or regulators—to immediately identify the type of battery, its age, and performance. By making this data accessible across the European market, the EU aims to improve the sustainability, safety, and circularity of batteries.
This initiative aligns with the European Green Deal, which aims to make the economy more sustainable and achieve climate neutrality by 2050. Batteries are also of strategic importance to the EU because they contain critical raw materials such as lithium, cobalt, and copper. To achieve these objectives and enable more efficient management of raw materials like lithium and copper, the EU has tightened its battery regulations—of which the introduction of the Battery Passport is a part.
Legal obligation and content of the Battery Passport
In July 2023, the new Battery Regulation (Regulation (EU) 2023/1542) was adopted, replacing the previous 2006 Battery Directive. This Regulation is legally binding for all Member States and includes the requirement to implement a digital Battery Passport. This obligation applies from 18 February 2027 to:
- Industrial batteries with a capacity of more than 2 kWh,
- Batteries for electric vehicles (EVs),
- Batteries for light means of transport (such as e-bikes).
The Battery Passport must be visibly and indelibly affixed to the battery. For small batteries, this can alternatively be done on the packaging.
The passport must contain all information necessary for the use, reuse, and recycling of the battery. A distinction is made between publicly accessible information and data that is only available to competent authorities or other parties with a legitimate interest. The following information must at least be included:
- The manufacturer’s name, place, and date of production;
- The (chemical) composition of the battery, including critical raw materials and hazardous substances;
- Technical data such as capacity, voltage, power limits, and energy efficiency;
- Information on expected lifespan, warranty policy, and recyclability;
- The carbon footprint of the production process and the proportion of recycled and renewable materials used;
- The EU declaration of conformity and instructions for safe use and waste management.
In addition, the passport includes information accessible only to competent authorities or parties with a legitimate interest, such as detailed material specifications, disassembly instructions, and safety measures. Notified bodies and market surveillance authorities must also be given access to test results demonstrating compliance with legal requirements.
The passport must also:
- Be freely accessible to end-users;
- Be compatible with other digital product passports and function in standardized formats so that battery passports can be read and used within the same systems as other product passports;
- Securely store data over the long term, even if the manufacturer ceases operations.
To store the data included in the Battery Passport, companies placing batteries on the market may use third-party data storage services. These providers may not sell, reuse, or process the data for purposes other than providing storage services.
Implications for businesses
Businesses placing batteries on the European market—such as manufacturers, importers, or distributors—are responsible for providing a correct and complete Battery Passport. This obligation applies to every battery for which the Battery Passport is mandatory. Non-compliance may lead to severe sanctions, including product recalls or loss of market access. It is therefore crucial for businesses to accurately document all relevant information when introducing new batteries to the market.
Legal advice
If you have any questions or require legal advice following this article, please contact:
- Gert-Jan de Jager (gj@kneppelhout.nl)
- Emmy Duinkerke (edu@kneppelhout.nl)
- Leon Verbakel (lve@kneppelhout.nl)
