What does the 2 kWh threshold mean for industrial batteries?

What you need to do concretely

What is expected of you

The 2 kWh threshold stems from the definition of "industrial battery" in Article 3 of Regulation (EU) 2023/1542 (battery regulation), Article 77. A battery designed for industrial use and having a capacity of more than 2 kWh falls under that regime — with all the obligations that entails, including the battery passport according to Article 77. For batteries below that threshold, other categories apply, such as portable batteries. The threshold is therefore not a standalone figure, but a transition point between two different sets of obligations.

Determining whether a battery falls above or below the threshold

For a company that purchases, assembles or places batteries on the market, this means in practice that the capacity of each battery in kWh must be established and compared with the threshold set out in Article 3. This seems straightforward, but in composite systems — for example multiple cell packs that together form one functional unit — it is not always immediately clear whether the capacity of the whole or of a part counts. A company of this size does well to document this per product line, rather than per individual order, because the same technical design often appears in multiple products.

Determining which battery type applies

In addition to capacity, the intended use also counts: the definition in Article 3 refers to batteries "designed for industrial use". A battery of more than 2 kWh that is not intended for industrial use does not automatically fall into that category. This distinction is relevant for companies supplying batteries to machinery manufacturers or companies with stationary storage: it is not only about the kWh value, but also about what the battery is designed for. An overview of the categories distinguished by the regulation can be found on which batteries fall under the battery regulation?.

Applying the correct obligations per category

Once it is established that a battery qualifies as an industrial battery above the 2 kWh threshold, the obligations associated with it apply, including the battery passport. For a company, this means that internal administration — who supplies what, with which specifications — must align with this classification, so that it is clear per product line which regime applies. Anyone in doubt as to whether a specific product falls under this can find a more general explanation on does the battery passport apply to my batteries?.

Where things go wrong in practice

A first situation in which things go wrong: a machinery manufacturer assumes the power rating of the final product instead of the capacity of the battery itself, and draws the conclusion that the battery is well above the threshold — whereas the actual cell capacity turns out to be lower once this is correctly calculated in kWh.

A second situation: a company supplies stationary storage systems built from multiple smaller battery modules, and assumes that each module separately stays below the threshold, without examining whether the system as a whole should be considered as one industrial battery.

A third situation: an importer of e-bike and scooter batteries assumes that the 2 kWh threshold is also relevant for those batteries, whereas LMT batteries form their own category separate from the industrial threshold. This leads to confusion about which passport route applies; more on this can be found on what is a light electric vehicle battery (LMT battery)?.

A fourth situation: a company determines the capacity based on a technical datasheet from the manufacturer without verifying whether that value corresponds to the definition as used in Article 3, so that the classification above or below the threshold is based on an assumption rather than on a verified figure.

A fifth situation: in case of doubt about the threshold, the classification is not recorded at all, so that in a later inspection it is no longer possible to reconstruct on the basis of which data a battery was at that time treated as an industrial battery or not.

What you can record

• An overview per product line with the established capacity in kWh and the source of that value (manufacturer specification, measurement, technical datasheet).
• The substantiation of the intended use of the battery, where this is also determining for the classification as an industrial battery.
• A documented assessment of whether a system of multiple modules should be considered as one functional unit or as separate batteries.
• The date and version of the technical documentation used in the classification, so that a later change in the product range does not lead to confusion about which data were applicable at that time.
• A reference to the applied definition from Article 3 of Regulation (EU) 2023/1542, so that the classification is traceable to the source text and not merely to an internal assumption.

For companies that are uncertain whether their product qualifies as an industrial battery, as an LMT battery or as something else, it is advisable to first go through the broader classification on which batteries fall under the battery regulation?, before the 2 kWh threshold is used as the sole criterion.