do I also need to create a battery passport for a spare battery that I sell separately

What you need to do concretely

What is expected of you

A separate replacement battery that is sold separately — that is, not permanently built into an e-bike or scooter, but as a spare part — remains fundamentally just a battery as the Battery Regulation intends. Decoupling it from the product to which it originally belonged does not change the question of whether a passport is required. This follows from Article 11 of Regulation (EU) 2023/1542 (Battery Regulation), Article 77, which expressly provides for the possibility that a battery is removed and replaced separately. The Regulation thus already provides for the scenario of the separate replacement battery; it is not an exception case that the rules do not address.

Determining which category the battery falls under

For the question of whether a passport is required, it does not matter that the battery is sold separately, but what type of battery it is. A replacement battery for an e-bike or scooter generally falls under the category of LMT batteries (batteries for light means of transport). For a company that holds both complete vehicles and separate batteries in stock, this means that each battery in the assortment is assessed in the same way as the battery already installed in a vehicle. Anyone in doubt about whether a particular type of battery falls under the Regulation or not will find the classification on the page which battery categories fall under the Regulation. Also the question what an LMT battery precisely is is relevant here, because the separate sale does not in itself change that classification.

Determining who places the battery on the market

In practical terms, the party that places the separate replacement battery as a separate item on the market — often the importer or supplier — is the one on whom the obligation rests to ensure that there is a passport before the battery is sold. This may be the same party that also imports the vehicle, but that is not necessarily the case. A company that purchases replacement batteries from a different supplier than the vehicles themselves is well advised to determine for each separate purchase line who in that chain is first responsible for placing it on the market within the EU.

Ensuring that the passport is in place before the separate part is sold

What matters is that the battery, at the moment it is offered as a separate item to a buyer, is equipped with the QR data carrier and the underlying battery passport. This applies equally to a battery that is sold as a replacement part over the counter in an online shop or at a bicycle repair shop, as to a battery that is already installed in a new vehicle. For a company with ten to a hundred employees that operates a separate parts line alongside complete vehicles, this means that the parts line cannot be treated as a "side matter": every separate SKU with its own battery requires its own passport, linked to that specific battery.

Make a distinction between replacement battery and repair part

Not every battery that a technician receives is a new battery placed on the market. A battery that is used to repair an existing, already sold vehicle within the scope of warranty or maintenance is different from a battery that exists as a standalone product in the assortment and is sold to random customers. Article 11 of Regulation (EU) 2023/1542 (battery regulation), article 77 specifically names the separation and replacement precisely with a view to these kinds of situations, and this is one of the reasons why this question must be examined more precisely than the initial impression suggests.

Where things go wrong in practice

A number of situations in which companies miss the mark with loose spare batteries:

• The parts department operates separately from the import department. The batteries in new vehicles receive a passport, but the spare batteries that are purchased separately and sold via the online shop or service desk are not seen as a separate product to be assessed.
• Assumption that "it is the same battery anyway" is sufficient. A company sells a spare battery that is identical to the battery already in the vehicle, and assumes that the passport of the vehicle model automatically also applies to the loose battery. However, a passport is linked to a specific copy, not to a model name.
• Unclear who in the chain is responsible. When purchasing spare batteries via an intermediary, it is assumed that the manufacturer further down the chain has already arranged this, without checking whether this is correct or whether the company's own batch is the first to be placed on the market in the EU.
• Small volumes are treated as negligible. A retailer that sells only a limited number of loose batteries per year alongside the main activity incorrectly assumes that this side matter remains out of sight, while the obligation does not depend on volume.
• Repair batteries and sales batteries are not kept separate. Batteries that are specifically intended for warranty replacement within an already sold vehicle are mixed with batteries that are freely sold to any customer, making it impossible to trace which battery was given when and to whom.

What you can record

• An overview of all product lines with batteries, including loose spare batteries, with per line the question of whether it is an LMT battery or another type — see also the classification of battery types under the regulation.
• A documented agreement within the organization about who is responsible for the passport of loose parts, separate from the agreement that already exists for complete vehicles.
• A registration per sold loose battery, with the serial number or batch number linked to the corresponding passport and the date of sale.
• An internal distinction between batteries intended for free sale and batteries that are used exclusively for warranty or service replacement, with an explanation of why this distinction is made.
• Correspondence with the supplier of the spare batteries in which it is established whether the supplier itself already supplies a passport, or whether this must be assembled by the organization itself — relevant when there is doubt about who creates the passport when the battery is in a product.
• A brief internal explanation, based on the explanation of what a battery passport contains, which makes clear to employees of the parts department why a loose battery does not automatically fall under the vehicle's passport.