What do I do with batteries already in stock?

Stock sold after the mandatory date

For batteries already in a warehouse, it is not the moment of manufacture or storage that is decisive, but the moment when the battery is placed on the market. Batteries sold before 18 February 2027 and delivered to a customer fall in practice outside the obligation to supply a digital product passport for that batch. Batteries placed on the market on or after that date fall under it — regardless of how long they had been in the warehouse beforehand. The date of storage is therefore not the connecting factor; the date of sale and delivery to the market is.

Who this applies to and who it does not

This distinction particularly affects importers and traders who hold stock for e-bikes, scooters, and industrial applications above 2 kWh, and who will sell part of that stock only after the mandatory date. It does not apply to batteries already with the end user: these have already been placed on the market and fall outside the new obligation, even if they remain in use for years afterwards. It also does not apply to batteries fully sold and invoiced well before the date, even if physical delivery still has to take place — although the latter is a borderline case where the precise moment of "placing on the market" can differ per situation, and for which the official text of the regulation remains the point of departure.

When the obligation comes into force

The obligation enters into force on 18 February 2027, as laid down in the battery regulation. Until that date, there is no obligation to supply a digital product passport, and stock can be sold and delivered as usual. What cannot yet be determined with certainty on the basis of the articles themselves is how borderline cases will be handled in practice — for example an order placed just before the date but delivered shortly after. This article makes no prediction on that; what is established is the date of application itself, regulated in Article 96 of Regulation (EU) 2023/1542.

What to do with stock currently held

For anyone currently holding stock, the first step is to map which part of it is expected to be sold before 18 February 2027 and which part after that date. For the part that will be sold well before the date, virtually nothing changes. For the part expected to be sold after the date, it is useful to check which data on those batteries are already available from the manufacturer — think of composition, origin of materials, and performance data — because that data is needed to compile a passport. A third step is to check whether the supplier or manufacturer is already working on supplying this data, and whether that can be completed in time before the batch in question is sold. Anyone who maps this in time will prevent the obligation from unexpectedly affecting part of the stock on the day itself.

What this is based on: Articles 38 to 44 and Article 96

The obligations of economic operators — manufacturers, importers and distributors — with regard to batteries they place on the market are laid down in Articles 38 to 44 of Regulation (EU) 2023/1542. These articles link the responsibility to the moment of placing on the market, not to the moment of production or storage. The moment when these and other obligations under the regulation apply is laid down in Article 96, which governs the entry into force and application of the regulation. Together, these articles determine that the date of application is the pivot point for the question whether a battery falls under the new obligations, and not the date on which that battery was already in stock.

What to do now

If you have stock that extends beyond 18 February 2027, it is advisable to inventory now which battery types are involved and from which manufacturer or importer the underlying data must come. Batpas.eu compiles the product passport from that data and can be prepared before the mandatory date, so that the batch sold after 18 February 2027 does not leave without a valid product passport.

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

Inventory that is currently in the warehouse will be sold at some point — and the question then is: at what moment does such a battery count as "placed on the market", and which rules apply at that moment? That is not a theoretical question for anyone who has thousands of e-bike batteries or industrial batteries in stock that will still be sold over months.

What is expected of you

The moment of "placing on the market" is decisive, not the moment of purchase or production

Regulation (EU) 2023/1542 (batteries regulation), article 96 regulates the entry into force and application of the regulation, and links the obligations to the placing on the market of a battery — not to the moment at which that battery was produced, purchased or placed in the warehouse. For a company with 10 to 100 employees, this means that inventory already in stock does not automatically fall outside the scope: the date on which a battery is actually delivered to a customer or made available is the decisive factor. Anyone with inventory that is expected to be sold after the mandatory date would be well advised to take this into account now in planning, rather than only reacting when the inventory actually leaves the premises.

Market participants have their own role, even if they did not produce the battery themselves

Regulation (EU) 2023/1542 (batteries regulation), articles 38 to 44 describe the obligations of market participants — manufacturers, importers and distributors — and those obligations are not all identical. An importer who sources batteries from a third country and has them in stock has a different position than a distributor who resells batteries from a European manufacturer. For companies that both import and resell — which is common in the e-bike and scooter sector — it is important to be clear about which role applies to which party in the chain, and who must be able to provide which part of the documentation and information.

Existing inventory requires inventory management, not waiting

What follows practically from these two sources combined: inventory currently in the warehouse deserves an inventory assessment at the level of battery type, origin and expected sales period. For a medium-sized company, this is not a matter of making a list once, but of a recurring overview — especially if the inventory remains in stock for months and the sales date is therefore uncertain. Anyone who now identifies which inventory is expected to be sold after the mandatory date can specifically prepare those batteries for a passport, rather than having to figure it out at the point of sale.

The relationship with the manufacturer or supplier determines whether the necessary data is available

For inventory already received, the manufacturer or original supplier is often harder to reach again than in an ongoing, current purchasing relationship. Battery data needed for a passport — composition, origin, technical specifications — in practice lies with that manufacturer or importer. Anyone with inventory where the supplier relationship has since been wound down or changed would be well advised to request that data now, rather than waiting until the battery is actually sold and the data must be obtained in haste.

Where things go wrong in practice

An importer of e-bike batteries assumes that all inventory purchased before the mandatory date falls outside the rules — and only discovers at the point of sale that the moment of placing on the market is what counts, not the moment of purchase.

A wholesaler of industrial batteries has inventory from multiple manufacturers in stock, but has not recorded per manufacturer which technical data are already available and which still need to be requested — with the result that at the time of sale, part of the data is found to be missing.

A scooter importer sells inventory in stages over a longer period, but has no overview of which battery batches are expected to leave before and which after the mandatory date — making it unclear which batteries should be prioritized in preparation.

A machinery manufacturer with industrial batteries above 2 kWh in stock assumes that the obligations apply only to new orders, and questions whether the product passport also applies to existing stock — until a customer asks for it themselves.

A company that both imports and distributes assumes that the obligations of articles 38 to 44 are the same for everyone in the supply chain, and discovers too late that its own role as an importer carries a different responsibility than that of a pure reseller.

What you can record

An overview of current inventory per battery type, with expected sales period and origin
Per manufacturer or supplier: which technical and compositional data are already available, and which still need to be requested
A record of the company's own role in the supply chain (manufacturer, importer or distributor) per product line, especially when a company combines multiple roles
Correspondence with manufacturers or suppliers in which data are requested for batteries already in stock
A schedule of which inventory batches are expected to be sold before and which after the mandatory date, so that preparation can be targeted

For those beginning this inventory assessment, how do I tackle the battery passport step by step? an overview of the order in which this can practically be done. For companies uncertain whether their specific inventory — such as second-hand purchased batteries or small batches — falls under the obligation, does the battery passport apply to my batteries? a logical next step, and for inventory consisting of second-hand or refurbished batches, does the battery passport also apply to second-hand or refurbished batteries? further clarification. The lead time is also relevant for inventory planning: how long does it take to get the battery product passport in order? provides an indication for this.

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.