Which batteries fall under the Battery Regulation?

Five categories of batteries, three with a digital passport

The Battery Regulation (Regulation (EU) 2023/1542) applies in principle to virtually every battery placed on the market in the European Union, regardless of chemistry, form or application. The regulation distinguishes five categories within this: portable batteries (such as batteries in mobile phones and household appliances), starter batteries for vehicles and machinery (SLI batteries), batteries for light means of transport such as e-bikes and scooters (LMT batteries), industrial batteries, and batteries for electric vehicles (EV batteries). Not every category receives the same obligations. The digital battery passport is specifically mandatory for three of these groups: LMT batteries, industrial batteries above 2 kWh, and EV batteries. For portable batteries and ordinary starter batteries, other rules from the same regulation apply, but not the passport requirement.

Who is affected by this, and where the boundary lies

This classification particularly affects parties placing batteries or products with batteries on the EU market: manufacturers, importers and in some cases distributors. It does not matter whether the battery is sold separately or is already built into an e-bike, scooter, car or machine — the regulation looks at the battery itself, not at the form in which it reaches the consumer. For the target audience of this platform, this means in concrete terms: an importer of e-bikes or scooters is dealing with LMT batteries, a machinery manufacturer with industrial batteries (where the 2 kWh threshold is decisive for the passport requirement), and parties in the electric vehicle chain with EV batteries.

Not everything is covered. Batteries built into equipment serving to protect the essential security interests of a Member State, and batteries in equipment intended to be sent into space, fall outside the scope. Also within the categories that are covered by the regulation, the passport requirement therefore does not automatically apply to everything: a small industrial battery below the 2 kWh threshold, for example, falls under the general Battery Regulation, but not under the specific passport requirement. Those in doubt as to whether a product falls into a category are well advised to consult the definitions in Article 3 of the regulation itself — those definitions are more detailed than a brief summary can provide.

Mandatory from 18 February 2027 for the three categories mentioned

The digital battery passport becomes mandatory from 18 February 2027, for LMT batteries, industrial batteries above 2 kWh and EV batteries. Until that date, there is no legal requirement to hold a passport for these batteries, although manufacturers and importers can choose to start collecting data and setting up systems now, so that the transition itself will not be rushed when the time comes. Other parts of the Battery Regulation — on material use, labelling or information provision, for example — may have their own entry into force dates that are not covered in this article; for those obligations, the official text of the regulation is the appropriate source.

How this works in practice

For anyone checking whether this is relevant, the first step is to determine which category the battery falls into: portable, SLI, LMT, industrial or EV. For an e-bike or scooter importer, this is usually straightforward — LMT — but for industrial applications, the second step is more important: determining whether the stated capacity is above or below the 2 kWh threshold, as the passport obligation depends on this. Next, it is useful to inventory which data on the battery are already available from the manufacturer or supplier — chemistry, origin of materials, performance, repair and recycling information — because this data forms the basis for a passport. Anyone starting this inventory well before the effective date avoids the collection of missing information from the manufacturer itself coming under time pressure. Finally, it is practical to clarify who in the chain is responsible for actually creating and hosting the passport: the manufacturer, the importer, or a third party doing so on their behalf.

Based on: article 1, article 3 and article 77

The scope of the regulation is set out in article 1, the definitions of the different battery categories in article 3. The obligation for a digital battery passport for LMT, industrial and EV batteries, with the corresponding effective date, is laid down in article 77 of the same regulation. For the precise wording of the definitions and the exceptions, the full text of Regulation (EU) 2023/1542 is the appropriate source.

Anyone wishing to determine on this basis whether a specific battery or product falls under the passport obligation should check their own product category against the definitions in article 3 and, if in doubt, consult the full regulation; from there, the next practical step is to map the data that a manufacturer or importer already has available.