Who is responsible for the battery passport?

The manufacturer bears primary responsibility; the importer often does so in practice

The responsibility for the battery passport lies fundamentally with the battery manufacturer. When that manufacturer is not established in the EU, a substantial part of that responsibility shifts to the importer who first places the battery on the European market. The Battery Regulation assigns different roles to what it calls "economic operators": the manufacturer, the authorised representative, the importer and the distributor. Each role has its own obligations, but the heaviest obligation — ensuring that the correct, up-to-date data are in the passport — rests with the party that actually makes the battery or, if that party is outside the EU, with the party that imports it. For many Dutch and European companies sourcing e-bike or scooter batteries from Asia, this means they effectively act as the responsible economic operator, even though they did not themselves design or produce the battery. Those who only resell batteries that already have a complete passport have a lighter role: verifying that the passport exists and is correct, not compiling it themselves.

Who this applies to and who it does not

This division of responsibility applies to parties placing EV batteries, batteries for light mobility devices (such as e-bikes and scooters) or industrial batteries above 2 kWh on the European market. It affects importers bringing in batteries or complete vehicles with batteries, battery traders selling batteries under their own name, and machinery manufacturers integrating industrial batteries into their own equipment. For those acting solely as an intermediary — a distributor reselling batteries unchanged without their own brand or modification — a controlling role applies rather than a compiling one. It is also important that "placing on the market" is decisive: whoever first makes a battery available in the EU is the party on whom the heaviest obligations rest, regardless of who deals with it further down the chain. For machinery manufacturers integrating a battery from a third party that has already compiled its own passport, responsibility for the content of that passport lies with that third party, not automatically with the machinery manufacturer itself.

Mandatory from 18 February 2027

The obligation to maintain a battery passport takes effect on 18 February 2027. Until that date, there is no legal requirement to have a passport, but preparing — getting data on battery composition, origin and performance in order — takes time, especially when that data must come from a manufacturer outside the EU. Those who begin collecting and structuring this data now will not have to search for it when the obligation takes effect.

How to approach this as an importer or trader

The first step is to determine which role applies: manufacturer, importer or distributor. For those importing batteries from a manufacturer outside the EU, the second step is to check whether this entails taking on the manufacturer role — this is often the case when the original manufacturer itself has no contact point in the EU. This is followed by gathering the source data needed for the passport: composition, origin of raw materials, performance and usage data supplied by the actual producer. Next, a technical facility is needed to host the passport and make it accessible via a QR code on the battery, as article 77 requires. Finally, it is advisable to establish clearly within your own chain who holds which role — for example through agreements with suppliers — so that in the event of an inspection it is clear who is responsible for what.

The legal basis: article 77 and articles 38 to 44

Article 77 of Regulation (EU) 2023/1542 describes the battery passport itself: what information it must contain, how it must be made accessible and the link to the QR data carrier, including the date on which this obligation enters into force. Articles 38 to 44 of the same regulation govern the obligations of the various economic operators — manufacturer, authorised representative, importer and distributor — and describe when an importer or distributor is treated as equivalent to a manufacturer for the purposes of the regulation. Together, these articles form the basis for determining who bears which part of the responsibility.

Anyone who wants to know where they stand now should start by determining their own role in the supply chain — manufacturer, importer or distributor — and from there assess which data is already available and which still needs to be requested from a supplier.

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

What is expected of you

The Battery Regulation does not place responsibility for the battery passport with a single fixed party, but with the market operator who places the battery on the market. In practice, this is usually the manufacturer, but with imported batteries, this role shifts. Articles 38 to 44 of Regulation (EU) 2023/1542 (Battery Regulation) describe which party in the chain bears which obligation, and Article 77 of that same regulation describes what must be specifically arranged for the passport.

Determining who is the market operator in your chain

Before anything can be arranged, it must be clear which party in the chain qualifies as a market operator. This is not always the party that physically sells the battery. For a company with 10 to 100 employees that purchases batteries or products with batteries, this means in practice a brief inventory: where does the battery come from, who has placed it on the EU market, and what role does your own company play in this. This distinction between manufacturer, importer and distributor is decisive for the rest of the obligations, and is detailed in what does the term 'economic operator' mean in battery legislation.

Determining whether you are a manufacturer or importer

Anyone who places batteries under their own name on the EU market, or imports them from outside the EU, falls under one of the more demanding roles under the regulation. For an importer of e-bikes or scooters with an integrated battery, this is often not immediately clear, because physical production takes place elsewhere but legal responsibility does lie with the party that brings the product to the EU market. The assessment of which role applies is described in am I an importer or manufacturer under the Battery Regulation.

Arranging the passport when the manufacturer is outside the EU

A substantial proportion of batteries and battery products sold in the Netherlands and Belgium come from manufacturers established outside the EU. In this case, the manufacturer itself cannot act as a point of contact within the EU, and responsibility for parts of the passport shifts to the party importing the battery here. What this concretely means for the compilation and hosting of the passport is explained in my manufacturer is outside the European Union — who arranges the battery passport then.

Appointing an authorised representative

When a manufacturer is established outside the EU and itself has no party within the EU acting as a point of contact, the regulation provides for the figure of the authorised representative. For companies that have batteries or battery products supplied directly from a factory outside the EU, this is a role that often needs to be organised before the passport can be compiled. When this is an issue, it is detailed in when must I appoint an authorised representative for batteries.

Obligations as a distributor or private label seller

Parties that are not themselves manufacturers or importers also have a role under the regulation. A distributor who resells batteries without importing them themselves has different obligations than a company that places batteries on the market under its own brand name while production takes place elsewhere. The latter is fairly common in the battery trade: a trade name on the product, while manufacturing and importing are handled by a third party. The obligations of a distributor are set out in what obligations does a distributor of batteries have, and the position of those selling under their own brand in I sell batteries under my own brand — what obligations do I have.

Where things go wrong in practice

An importer of e-bikes assumes that the Asian manufacturer has already arranged the passport, because that manufacturer produces the battery cell — whereas the regulation places responsibility with the party that places the product on the EU market.

An online shop sells scooters with batteries from its own inventory and assumes that the role of "seller" does not entail separate obligations, while holding inventory certainly does have consequences for what must be arranged.

A machinery manufacturer assembles an industrial battery above 2 kWh into its own assembled product, and incorrectly assumes that only the battery supplier is responsible — while its own company may acquire a role in the supply chain through the assembly.

A business sells via an online marketplace and expects the platform to assume the obligations, while responsibility for the product passport essentially remains with the selling party.

A trading company places its own brand name on purchased batteries without realizing that this entails its own set of obligations, separate from what the original manufacturer has already established.

For those who sell via a platform, the precise distribution of responsibilities is set out in what does the Battery Regulation mean if I sell via an online marketplace, and for those who hold inventory themselves in what do I need to arrange as an online shop if I stock batteries for sale myself.

What you can record

An overview of your own position in the supply chain: manufacturer, importer, distributor or seller under own brand, with the substantiation thereof.
Correspondence with the manufacturer or supplier about which party supplies which part of the product passport.
A designation of the authorized representative, if applicable, including the agreements on its tasks.
The data that have been supplied for the product passport, and from whom that data were received.
Agreements with platforms or resellers about who compiles and manages the product passport, especially when a product is sold through multiple channels.

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.