Frequently asked questions

Official interpretation It applies to batteries of all categories, regardless of shape, volume, weight, design, material composition, chemistry, use or purpose, divided into five categories: portable, SLI, LMT, EV and industrial batteries; it also applies to batteries incorporated in or specifically designed for a product.

Third-party interpretation EUROMOT clarifies: industrial batteries count as stationary battery energy storage systems (BESS) only when used in a “stationary application”; portable ones (e.g. power banks that also provide propulsion) do not. The “2 kWh” threshold that defines industrial battery obligations must be calculated under IEC 61960 as “rated capacity (Ah) × nominal voltage (V)”.

SourceArticle 1(3)

Official interpretation No exemption. Where a cell or module is placed on the market for end use without further assembly into a larger battery, it is regarded as a battery and the requirements for the most similar category apply; where it could fall into several categories, the strictest category applies.

Third-party interpretation If a module is imported as a spare part or as a component of an energy storage system and will later be assembled into a larger battery pack, it does not need a separate DoC, due diligence or battery passport; full compliance is required only where it is supplied directly for end use without further assembly.

SourceArticle 1(4)

Official interpretation EV batteries, LMT batteries and rechargeable industrial batteries with a capacity >2 kWh must establish a carbon footprint declaration containing manufacturer information, model, geographical location of the manufacturing plant, lifecycle carbon footprint (kg CO₂e/kWh) with a breakdown by stage, DoC identification number and a link to the supporting study.

Third-party interpretation Batteries prepared for reuse, repurposed or remanufactured are explicitly excluded from the carbon footprint calculation — second-life batteries do not need to be recalculated.

SourceArticle 7(1)

Official interpretation EV batteries 2025-02-18; rechargeable industrial batteries (>2 kWh) 2026-02-18; LMT batteries 2028-08-18; industrial batteries with external storage 2030-08-18.

Third-party interpretation The compliance dates depend strictly on when the relevant delegated acts (DAs) are published; the carbon footprint requirement for industrial batteries applies 18 months after the DA enters into force, and is postponed if the act is delayed.

SourceArticle 7(1) second subparagraph

Official interpretation Yes. The EU will set a maximum lifecycle carbon footprint threshold; EV batteries, LMT batteries and rechargeable industrial batteries >2 kWh must be below that threshold to be placed on the market. For EV batteries it is expected to apply from 2028-02-18.

Third-party interpretation The distinction between “customised batteries” and “mass-produced batteries” in performance requirements has been removed, with a single methodology: small-batch non-mass-produced batteries face the same standards for carbon footprint and performance thresholds.

SourceArticle 7(3)

Official interpretation For >2 kWh industrial, EV and SLI batteries: first phase (from 2031-08-18) cobalt 16%, lead 85%, lithium 6%, nickel 6%; second phase (from 2036-08-18) cobalt 26%, lead 85%, lithium 12%, nickel 15%.

SourceArticle 8(2), Article 8(3)

Official interpretation A battery due diligence policy must be established; if a company (including its parent group) had net turnover below EUR 40 million in the previous financial year, it may be exempt from the obligations in this chapter.

Third-party interpretation Implementation must be completed by 2027-08-18 (postponed by two years by Regulation (EU) 2025/1561); even if the list of third-party verification bodies has not been published by then, implementation must still proceed as planned.

SourceArticle 47, Article 48(1)

Official interpretation Raw materials: cobalt, natural graphite, lithium, nickel and their compounds. Risks: environmental (air, water and soil pollution, biodiversity), social (human rights, labour, child labour, forced labour) and community life (indigenous peoples’ rights).

Third-party interpretation The scope of risk materials applies only to the battery cell supply chain, excluding casings, screws, electronic components, etc.; the names and addresses of direct suppliers of key raw materials must be disclosed.

SourceAnnex X

Official interpretation Yes, mandatory from 2027-02-18: LMT, industrial (>2 kWh) and EV batteries link to the battery passport; other batteries link to general information, the DoC and waste management information; SLI batteries link to recycled material content information.

Third-party interpretation Industrial batteries with a capacity <2 kWh do not need a full passport; the QR code only needs to link to general label information, the DoC, the due diligence report and waste management information; technically, some information may be stored locally in the QR code for offline reading.

SourceArticle 13(6)

Official interpretation The battery passport is an electronic record. From 2027-02-18, every LMT, >2 kWh industrial and EV battery must have a passport containing public model information and per-battery data (such as state of health), to improve transparency and traceability.

Third-party interpretation Where the manufacturer is outside the EU (e.g. a Chinese company), the importer is responsible for creating the passport. The regulation does not mandate a frequency for updating dynamic data; industry recommends daily updates for storage and EV batteries.

SourceArticle 77(1)-(2)

Official interpretation It depends on the requirement. General safety and performance requirements can usually be met through internal production control (Module A); carbon footprint (Article 7) and recycled content (Article 8) must involve a notified body (e.g. Module D1 or G) and cannot rely on self-declaration alone.

Third-party interpretation Batteries not produced in series may use Module G (unit verification); manufacturers may choose different notified bodies for different requirements in the DoC.

SourceArticle 17(2)

Official interpretation The producer (including the importer that first places batteries on the market in a Member State) bears EPR and must pay for separate collection, transport, treatment, mixed waste investigation and information campaigns.

Third-party interpretation “Producer” status varies by sales model: sold to an EU OEM, the OEM is the producer; sold to an EU distributor (own or original brand), the distributor is the producer; cross-border e-commerce sold directly to end users, the Chinese factory is the producer and must register in the user’s country.

SourceArticle 56(1), Article 56(4)

Official interpretation Yes. An economic operator that prepares batteries for reuse, prepares them for repurposing, repurposes or remanufactures them and places them on the market is regarded as the producer of that battery and bears EPR responsibility and the related compliance obligations.

Third-party interpretation Repurposed batteries require an additional conformity assessment (based on Module A) and a new DoC; the regulation does not define how EPR costs are shared between the original manufacturer and the repurposing manufacturer, which depends on commercial negotiation.

SourceArticle 56(2), Article 45