If you purchase batteries or products with batteries from a manufacturer inside or outside the EU, and you do not record anything about the digital battery passport in your procurement contract, there is a risk that when you need the passport you will not have the correct data available. The regulation imposes obligations on whoever fulfils a certain role in the chain, for example as a manufacturer, importer or distributor. A contract does not determine who fulfils that role, but rather who provides which information and when.
The consequence of the absence of such agreements is not primarily a fine, but a practical problem: you discover shortly before a deadline or during an inspection that data on material composition, origin or performance are not available, while you are the one who must be able to present the passport. What a competent authority does with this is unpredictable and depends on the situation; that is up to the competent authority itself.
Who must supply something, and who must arrange something
The Battery Regulation distinguishes roles in the chain: manufacturer, importer, distributor and in some cases the party placing the product on the market under its own name. Each role carries its own obligations. An importer who sources batteries from a manufacturer outside the EU, for example, may be responsible for having the passport available, even if the manufacturer must supply the underlying data. Who exactly must do what in your situation cannot be answered in this article; that requires an assessment of your own position in the chain, possibly with a lawyer. A first orientation is provided by the knowledge base with explanations per subject.
What goes wrong in practice without agreements
Without contractual agreements, we see three main types of problems at companies. First: the manufacturer provides a declaration of conformity, but not the detailed data needed for the passport, because no one asked for it. Second: there is no agreement on who keeps the data current if something changes with the battery, for example a different cell supplier. Third: when a supplier changes, it turns out no one has kept the data from earlier supplies, while the passport must remain available for ten years.
None of these problems arise from bad faith. They arise because the subject simply was not a focus point in the procurement process. That is also why this is a question that fits in the procurement phase, and not only when the passport must already be ready.
What you can ask about when purchasing
It is not for us to prescribe what must be in your contract; that is a decision for you and possibly your lawyer. However, it is useful to check with a new or ongoing procurement relationship whether the supplier knows which data are needed for the passport, whether a moment has been agreed upon when that data will be supplied, and who will inform you if something changes about the battery already in your range. These questions are simple to ask without you having to become a lawyer yourself. With a few questions you can see where your situation stands, and that can be a good starting point for the conversation with your supplier.
Existing contracts and ongoing supplies
For batteries already in your assortment and for which existing purchasing contracts are in place, the same consideration applies: check whether the existing agreements say anything about data transfer for the product passport, and if not, whether this can be arranged additionally. This is not an obligation arising from this article, but a practical step that many companies are already taking now to avoid problems closer to the mandatory date. More background on how data is collected and processed can be found at how we compile the data into a product passport.
Where you can inquire further
Whether your specific purchasing relationship is sufficiently regulated cannot be answered in general terms. For questions about your own position in the supply chain, a lawyer or the competent supervisory authority is the right point of contact. Frequently asked questions about the product passport in practice are compiled at the frequently asked questions about the battery passport.
Would you like to first get clear on where you stand, without immediately drawing conclusions? Take the free quick-scan or read carefully through the knowledge base; both require no account and give you an immediate first direction.