My supplier does not provide the data — what can I do?
Responsibility does not shift automatically
If a supplier does not provide the data for the battery passport, responsibility for that passport does not automatically transfer to that supplier — it remains with the party placing the battery on the European market. The Battery Regulation distributes obligations across the entire supply chain: manufacturer, authorised representative, importer and distributor each have a role, and whoever places a battery or a product containing a battery on the EU market is required to be able to demonstrate that the requirements have been met. In practice, this means that an importer who does not receive data from a manufacturer or intermediary is not automatically off the hook. The problem shifts from "the supplier does not deliver" to "what do I now do to still meet my own obligation".
Who this applies to, and what it does not
This applies particularly to importers and dealers who do not manufacture themselves and thus depend on a party further up the supply chain for technical data, material composition, test results and the like. This does not concern the question of which data exactly must be included in a passport or how the QR data carrier is supplied — that is a different matter. It also does not concern the situation in which a company is itself a manufacturer: in that case there is no external supplier that must supply anything, and the question is different. And "supplier" is not an unambiguous concept: it can refer to a manufacturer outside the EU that exports directly, to a wholesaler that itself also purchases, or to an intermediary that does not act as an importer within the meaning of the Regulation. Which party in the supply chain has which role is also determined by who bears which obligation under Articles 38 to 44 of Regulation (EU) 2023/1542.
When this becomes relevant
The battery passport is mandatory from 18 February 2027, as laid down in Article 77 of the Regulation. Until that date, there is no legal obligation to have a passport, and therefore no acute legal pressure if data are still missing now. This does not mean there is nothing to be done: compiling a passport depends on data that often do not come to light within a few weeks, especially if a supplier is not used to keeping or sharing this information. If you are already coming up against a supplier that does not deliver, you have until the mandatory date to resolve that — but the closer that date approaches, the less room there is to find an alternative route.
What to do if data do not arrive
The first step is to establish precisely what is being requested and what is missing, preferably in writing — this is not only practical but also a form of evidence that action has been taken. Next, it is worthwhile to check what is stated in the purchase agreement with the supplier: many contracts already contain an obligation to comply with applicable legislation, even if the battery passport is not mentioned by name. A third step is to find out who else is in the chain: a distributor who does not manufacture themselves may not know the manufacturer directly, but that information can usually be traced, and the manufacturer is often the party that actually has the source data. Where this fails, it is worth considering whether data that already exists for other purposes — CE documentation, safety data sheets, test reports — partially align with what is needed for the passport; this is not always sufficient, but it is a starting point. If none of these routes yields results, the remaining option is to weigh whether the product can continue to be placed on the market via this supplier in this way, or whether a supplier must be sought who can and will provide this data — because the obligation to place a compliant product on the market does not shift along with a supplier's lack of cooperation. Keeping all correspondence and requests is therefore not an unnecessary luxury, should there be questions later about how a missing dataset was handled.
Where this follows from: articles 38 to 44 and article 77
The distribution of obligations between manufacturer, authorised representative, importer and distributor is set out in articles 38 to 44 of Regulation (EU) 2023/1542. The obligation to maintain a battery passport from a fixed date is set out in article 77 of the same regulation.
Anyone who now notices that a supplier is reluctant to provide data should not delay that conversation until just before the mandatory date. Start by formulating a concrete and written request to the supplier, map out which data is already available through existing documentation, and on that basis determine whether the current supplier can deliver in time or whether an alternative is needed.
What this is based on
- Regulation (EU) 2023/1542, Articles 38 to 44 (obligations of economic operators)
- Regulation (EU) 2023/1542, Article 77 (battery passport)
The Regulation itself is on EUR-Lex. We refer for each statement; you need not believe us.
What you need to do concretely
What is expected of you
The market participant who needs the passport must also be able to supply the data
Regulation (EU) 2023/1542 imposes obligations on market participants in the battery supply chain in articles 38 to 44 — from manufacturer to importer to distributor. Whoever places a battery on the European market is responsible for ensuring that the information that must be included in the battery passport is actually available. For an importer of e-bikes or scooters, this means in practice: the party placing the product on the market in Europe bears responsibility for the passport, even if the data itself must come from a supplier further down the chain. A company with 10 to 100 employees often finds itself in the middle of this — too small to produce cells itself, too large to hide behind the supplier.
The passport must be in place at the moment the product is placed on the market
Article 77 links the battery passport to the placing on the market of the battery. This means that the data does not have to be available "at some point", but before the battery is actually sold or delivered. For an importer's practice, this means that requesting data from the supplier is not the final step in the procurement process, but a prerequisite. Which data must I request from my battery supplier? provides an overview of exactly what must be available before that step can be taken.
The origin and accuracy of the data remain a point of attention, even if a third party has supplied them
The fact that the data comes from a supplier does not mean the importer can pass it through to the passport without further verification. In practice, a market participant is expected to exercise a reasonable degree of control over what comes in — especially since the platform compiles the passport on the basis of the supplied data and keeps that data for ten years. How do I check if my supplier's data is correct? describes what to pay attention to before data is finally recorded.
Where things go wrong in practice
The supplier does not respond, or responds late. An importer orders a batch of batteries from a factory abroad and requests the passport data. The response is not forthcoming, or arrives only after the container is already on its way. At that point, there is no time left to collect data before the batteries are placed on the market.
The supplier provides data, but not in a usable form. A technical datasheet in Chinese, a PDF with only general product information, or a verbal commitment by email — this may serve as a starting point, but not as a final result. In what format must I supply the battery data for the passport describes what a workable submission format is.
No point of contact has been established for data on cells or components. For assembled batteries — for example, a battery pack assembled from cells of one batch and a housing and BMS from another — it is not always clear who supplies which part of the data. Which data must I request from my cell supplier for the passport addresses this division.
The same battery is sourced through different channels, resulting in different data. An importer works with two or three suppliers for what appears on paper to be the same item, but the data supplied varies — or one supplier provides complete data while the other does not. This results in inconsistent passports for products that the end user perceives as identical. What do I do if the same battery comes from different suppliers? provides further details on this.
The purchasing relationship is not equipped for this obligation. Many purchasing contracts with suppliers in and outside Europe were drawn up before the Battery Regulation and contain no provision for the supply of passport data. If a supplier then fails to supply, there is little to fall back on except a phone call or an email that goes unanswered.
What you can record
If a supplier does not provide data, does not provide it completely, or does not provide it on time, there is little point in improvising afterwards. A number of matters that can be agreed in advance make the difference between a supplier who responds without commitment and a supplier who knows what is expected of him:
- A contractual provision on the delivery of digital product passport data, including a deadline by which this data must be received at the latest — before delivery of the batteries, not after. How do I record the supply of passport data in my purchasing contract? describes what such a provision looks like in practice.
- A fixed list of data that is requested from every new supplier or every new product, so that there is no need to work out again with each order what is required.
- A written confirmation from the supplier on the origin of raw materials, especially for batteries containing cobalt, lithium or graphite — raw materials for which separate points of attention apply. What do I need to know about cobalt, lithium and graphite from risk areas? and What does the due diligence obligation for batteries entail? go into what this entails.
- A file per production facility, especially when purchasing from factories outside Europe, where communication and documentation sometimes runs through multiple intermediaries. How do I obtain the correct digital product passport data from a manufacturer in China goes into what can be expected in this regard.
- An internal arrangement about what happens if data fails to arrive — who follows up, after what period is escalation triggered, and what is the alternative if a supplier structurally fails to deliver.
This commitment is not a paper exercise. It is the difference between an importer who, when data fails to arrive, can demonstrate that it was requested and under what conditions, and an importer who has nothing to show when the digital product passport must be in place.
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.