Proposal for EU regulation for batteries and waste batteries approved – battery passport

23. 8. 2023

The proposal for a regulation on batteries and waste batteries contains several changes, including the creation of a passport for batteries. The creation of a battery passport is intended to increase transparency and maximise the exchange of information, to enable the tracking and tracing of batteries, and to provide information on the carbon intensity of their manufacture, the materials used and whether renewable material has been used in their manufacture.

Every battery, LMT battery, industrial battery with a capacity of greater than 2 kWh and every battery for an electric vehicle placed on the market or put into service must, 42 months after the date of entry into force of this Regulation, have an electronic record called a “digital battery passport”.

The information in the battery passport will be divided into 3 parts:

  • publicly accessible information
  • information accessible only to persons with a legitimate interest and the Commission
  • information accessible only to notified bodies, market surveillance authorities and the Commission

Batteries will need to be properly labelled to provide end-users with transparent, reliable and clear information on batteries and waste batteries. Such information should enable end-users to make informed decisions when purchasing and disposing of batteries. It should also make it easier for treatment operators to choose the appropriate treatment of waste batteries.

The battery passport with all the information should be accessible via a QR code, which will be placed directly on the batteries, printed or engraved, or placed on the packaging and in the documentation accompanying the battery. The QR code is a unique identifier assigned to the battery by the producer placing the battery on the market.

The battery passport should contain the following information:

For the general public:

  • the material composition of the battery, including its chemistry, hazardous substances present in the battery, other than mercury, cadmium or lead, and critical raw materials present in the battery
  • the carbon footprint information
  • information on responsible sourcing as indicated in the report on battery due diligence policy
  • recycled content information
  • rated capacity in Ah
  • minimal, nominal and maximum voltage, with temperature ranges when relevant
  • original power capability (in Watts) and limits, with temperature range when relevant
  • expected battery lifetime expressed in cycles, and reference test used
  • capacity threshold for exhaustion (only for electric vehicle batteries)
  • temperature range the battery can withstand when not in use
  • period for which the commercial warranty for the calendar life applies
  • internal battery cell and pack resistance
  • the rate of the relevant life cycle test
  • the information regarding the prevention and management of waste batteries

For persons with a legitimate interest and the Commission:

  • detailed composition, including materials used in the cathode, anode and electrolyte
  • part numbers for components and contact details of sources for replacement spares
  • dismantling information, including at least:
    • exploded diagrams of the battery system/pack showing the location of battery cells
    • disassembly sequences
    • type and number of fastening techniques to be unlocked
    • tools required for disassembly
    • type and number of fastening techniques to be unlocked
    • amount of cells used and layout
  • safety measures

For notified bodies, market surveillance authorities and the Commission:

  • results of test reports proving compliance with the requirements laid down in this Regulation or any delegated or implementing act adopted pursuant to this Regulation

The battery passport must be such as to ensure a high level of security and privacy and to prevent possible fraud.

If the battery has undergone preparation for re-use or repurposing or has been refurbished, the new battery passport must be linked to the passport from the original battery. The battery passport shall only be lost if the battery is recycled.

The European Council formally approved the text of the Regulation and its publication in the Official Journal of the EU took place on 28.7.2023, which means that the Regulation enters into force on 17.8.2023 and the individual provisions will enter into force gradually.

We will provide further information on the new rules contained in the proposal for a Batteries and Waste Batteries Regulation in due course.

On 14 June, Parliament approved new rules for the production and management of waste batteries. The text of the regulation approved by the Parliament can be found here.