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From 18 February 2027, every LMT battery, industrial battery above 2 kWh and electric vehicle battery placed on the EU market or put into service needs a battery passport. The economic operator placing the battery on the market is responsible for it. As a Dutch lawyer at MAAK Advocaten, I help non-EU manufacturers agree in writing with their importer and passport provider who does what.
For the wider rules, see our overview of the EU Batteries Regulation, part of EU product law for companies selling into the Netherlands.
Which batteries need a battery passport?
Three categories need a battery passport from 18 February 2027: LMT batteries (batteries for light means of transport, such as e-bikes), industrial batteries with a capacity greater than 2 kWh, and electric vehicle batteries placed on the market or put into service.
The obligation comes from Article 77(1) of Regulation (EU) 2023/1542, the EU Batteries Regulation. It also covers batteries incorporated into or added to products (Article 1(3)), so a battery built into an e-bike is included. Other batteries get no passport; from the same date they carry a QR code linking to other information (Article 13(6)).
Who is responsible for the battery passport in your supply chain?
The economic operator placing the battery on the market is responsible for the battery passport. It attributes the unique identifier, keeps the information accurate, complete and up to date, and uploads the identifier to the EU registry (Article 77(3), (4) and (10)).
Placing on the market means the first making available of a battery on the Union market; an importer is a person established in the EU who places a battery from a third country on the market (Article 3(1), points 16 and 64). When you sell through an importer, the importer is therefore as a rule the responsible operator.
The responsible operator “may give written authorisation to any other operator to act on its behalf” (Article 77(4)). The Regulation does not say that this authorisation moves the responsibility itself.
| Role | Battery passport task | Article |
|---|---|---|
| Economic operator placing the battery on the market: for example an EU manufacturer, or, as a rule, the importer when you sell through an importer | attributes the unique identifier; keeps the information accurate, complete and up to date; stores the data or has them stored; uploads the identifier to the registry | 77(3), 77(4), 77(10), 78(c) |
| Operator with written authorisation, for example the non-EU manufacturer or a passport service provider | acts on behalf of the responsible operator; may not sell, re-use or process the data beyond the storage or processing service | 77(4), 78(c)–(d) |
| Importer or distributor placing the battery on the market under its own name or trademark, modifying it in a way that could affect compliance, or changing its purpose | is considered the manufacturer, with the obligations of Article 38 | 44 |
| Operator placing on the market or putting into service a battery that has been prepared for re-use, prepared for repurposing, repurposed or remanufactured | takes over responsibility; the battery gets a new passport linked to the original one | 77(7) |
| Producer, producer responsibility organisation or selected waste management operator | takes over responsibility once the battery becomes a waste battery | 77(7), 57 |
| Distributor in general | verifies that the battery is marked and labelled in accordance with Article 13; Article 77 gives it no passport task of its own | 42 |
| Persons with a legitimate interest, such as repairers and recyclers | access to Annex XIII, points 2 and 4; who qualifies is for the implementing act under Article 77(9), still a draft | 77(2)(c), 77(9) |
When does the battery passport apply?
The battery passport and the QR code become mandatory on 18 February 2027 (Articles 77(1) and 13(6)). The Regulation itself has generally applied since 18 February 2024; the implementing act on legitimate interest and the delegated act on standards are still drafts.
| Event | Date | Source |
|---|---|---|
| Adoption | 12 July 2023 | title |
| Publication | 28 July 2023 | OJ L 191 |
| Entry into force | twentieth day after publication | Art. 96(1) |
| General application | 18 February 2024, save as set out otherwise | Art. 96(2) |
| Commission deadline: implementing act on legitimate interest | by 18 August 2026; as at 1 November 2026 only a draft | Art. 77(9) |
| Registry rules adopted | 16 July 2026, published 17 July 2026 | Implementing Regulation (EU) 2026/1778 |
| Dutch legal basis | Act of 30 September 2026, published 21 October 2026; largely in force on a date set by royal decree | Stb. 2026, 330, Art. VI |
| Battery passport mandatory | 18 February 2027 | Art. 77(1) |
| QR code on all batteries | 18 February 2027 | Art. 13(6) |
| Member States appoint a designated national administrator | by 18 February 2027 | Implementing Regulation (EU) 2026/1778, Art. 7(1) |
Pending that delegated act, the QR code and the unique identifier must comply with ISO/IEC 15459-1 to 15459-6 or their equivalent (Article 77(3)).
What goes into the battery passport, and who can see it?
The battery passport holds information on the battery model and the individual battery, in four access levels set by Annex XIII. Information is included to the extent applicable to the battery category (Article 77(2)).
- Public: among other things material composition, carbon footprint and recycled content information, capacity, expected lifetime and the EU declaration of conformity.
- Persons with a legitimate interest and the Commission: detailed composition, spare parts, dismantling information and safety measures.
- Notified bodies, market surveillance authorities and the Commission: test reports.
- Persons with a legitimate interest, per battery: performance values, state of health, status and usage data.
Access for a legitimate interest is limited to two purposes: information on dismantling, safety and detailed composition that repairers, remanufacturers, second-life operators and recyclers need for their work, and, for an individual battery, information the purchaser or someone acting for it needs to make the battery available to independent energy aggregators or energy market participants. Who exactly qualifies is for an implementing act under Article 77(9). The Commission has published a draft; it has not yet been adopted (as at 1 November 2026).
The passport has layers: part of it is public, part is only for parties with a legitimate interest, such as repairers and recyclers, and part only for authorities. My advice: share what the Regulation requires, and record in your contracts with customers and partners that the data stay confidential and are used only for the agreed purpose.
How does registration in the EU registry work?
The operator placing the battery on the market or putting it into service uploads the unique identifier to the digital product passport registry (Article 77(10)). Implementing Regulation (EU) 2026/1778 sets the registry rules and names batteries expressly.
Only verified economic operators may register; a company verifies with a qualified electronic seal or, depending on whether it must be established in the EU, a qualified or other electronic attestation of attributes; the verified status lasts no longer than three years (Article 4). A registered passport can be transferred to another verified operator that takes over the obligations (Article 6a). Whether the registry is operational has not been established in the sources we consulted. The battery passport must be interoperable with the digital product passport under the ESPR (Article 78(a)).
How does the battery passport work in the Netherlands?
The EU Batteries Regulation applies directly in the Netherlands, and each Member State sets the penalties (Article 93). The Dutch Act in Stb. 2026, 330 adds a basis to the Wet milieubeheer (Environmental Management Act) for implementing the Regulation.
The Dutch implementing rules, including supervision and penalties, are being worked out under the Wet milieubeheer. Which Dutch authority will supervise the battery passport is not yet settled in the sources we consulted. Against a decision of a Dutch authority, bezwaar (objection) and beroep (appeal) are generally available.
Your Dutch importer asking who keeps the battery passport, or a passport provider sending its terms? I can review the arrangements and put the roles on paper: contact me as your product law partner in the Netherlands.
What do you do when your Dutch importer asks who handles the battery passport?
When your Dutch importer asks about the battery passport, first establish who places the battery on the EU market. That operator is responsible under Article 77(4); the contract then settles who supplies the data, who maintains the passport and who pays.
I start with one question: who places the battery on the market in the EU? That party is responsible for a passport that is accurate, complete and up to date, and it attributes the unique identifier. When you sell through an importer, that is as a rule the importer, while you as the manufacturer hold most of the data. So put on paper who supplies the data, who manages the passport, who uploads the identifier to the registry and who bears the costs. The Regulation allows the responsible party to authorise another in writing; make that authorisation a clear document, not an email.
Whoever holds the data is best placed to maintain the passport, and that is usually the manufacturer. I therefore often advise that the importer authorises the manufacturer in writing, with arrangements on:
- delivery times for the data;
- checks by the importer;
- what happens if data are missing or incorrect.
The importer remains responsible towards the authority. It will therefore want access to the passport and a safety net if the manufacturer drops out.
These terms belong in your supply agreements with a Dutch importer or distributor.
What should your contract with a battery passport service provider cover?
A contract with a battery passport service provider should cover data use, continuity and exit. Under Article 78(d), an operator storing passport data on behalf of the responsible economic operator may not sell, re-use or process them beyond that storage or processing service.
The passport must also remain available after the responsible operator ceases to exist or ceases its activity in the Union (Article 78(e)).
Judge a provider on its contract terms as much as on its software. You should see in the contract what the provider may do with your data, how you move to another provider, what happens if the provider goes bankrupt, and how long the data stay available. My choice: one provider, with a firm exit and continuity arrangement in the contract.
What changes if your customer sells the battery under its own brand?
An importer or distributor that sells your battery under its own name or trademark becomes the manufacturer under Article 44. The same applies if it modifies the battery in a way that could affect compliance, or changes its purpose.
Once a battery becomes waste, responsibility passes to the producer, the producer responsibility organisation or the selected waste management operator (Article 77(7)). After recycling, the passport ceases to exist (Article 77(8)).
Then the roles change. An importer or distributor that sells under its own name or trademark, or modifies the battery in a way that could affect compliance, becomes the manufacturer under the Regulation. Whoever places a repurposed, remanufactured or prepared-for-re-use battery on the market or puts it into service takes on responsibility for the passport; that battery gets a new passport linked to the old one. In such a situation, I agree in advance who has which role and which data you supply to the new responsible party, so that nobody is caught out afterwards.
What can you arrange yourself?
Much battery passport work is technical and you can do it in-house: collecting the bill of materials, chemistry and performance data, choosing a technical passport solution and having the QR code produced in line with Article 77(3).
When do you need a Dutch lawyer for the battery passport?
You need a Dutch lawyer when you divide the passport role with an importer, sign with a passport service provider, supply a private label customer, share sensitive data or face questions from a Dutch authority (Articles 44, 77 and 78).
| Your situation | What is at stake | Why a lawyer | What we do |
|---|---|---|---|
| You and your importer must divide the passport role | the operator placing the battery on the market is responsible; authorisation must be in writing (Art. 77(4)) | an adviser says what goes into the passport; a lawyer records who does it, who pays and who is liable | draft or review the supply or import contract and the written authorisation |
| Contract with a passport service provider | the authorised operator may not sell or re-use the data (Art. 78(d)); the passport must remain available (Art. 78(e)) | continuity, exit, confidentiality and use of the data are contract terms | review the service agreement on data, exit and availability |
| Private label or modification by your customer | the importer or distributor becomes the manufacturer (Art. 44) | the change of role moves obligations and risk | establish the roles, amend the contract, agree an indemnity |
| Access to sensitive data | access levels of Annex XIII; the implementing act, still a draft, must limit access to commercially sensitive information to the minimum necessary (Art. 77(9)(c)) | what you share, and on which terms, is a legal judgement | confidentiality and access arrangements |
| A Dutch authority asks for information or announces a measure | Dutch implementation still being developed (Stb. 2026, 330) | zienswijze (written view), objection and appeal are legal work | assess the documents, respond, objection and appeal |
Now, if you want to keep supplying batteries in these categories in the EU in February 2027 and the division of roles with your importer, distributor or service provider is not on paper. The technical work you can do with a software partner. The question of who is responsible, who pays and who is liable if the passport is wrong is a legal one. And if a Dutch authority asks for information or announces a measure, we at MAAK Advocaten assist you with the response and, where needed, in bezwaar and beroep.
Example: e-bike batteries sold through a Dutch importer
Replacement e-bike batteries are LMT batteries, so they need a battery passport from 18 February 2027 (Article 77(1)). A Dutch importer bringing them into the EU is as a rule responsible for it.
Suppose a manufacturer outside the EU supplies e-bike battery packs to a Dutch importer. The importer authorises the manufacturer in writing to maintain the passports and keeps access. Part of the range will carry the importer’s own brand; for that line, the importer is considered the manufacturer (Article 44), so the parties agree separately who supplies which data. The passport provider’s contract gets an exit clause (Article 78(e)).
This is a hypothetical example for illustration, not a description of a MAAK Advocaten case.
How does MAAK Advocaten work on battery passport matters?
MAAK Advocaten N.V., a law firm in Amsterdam, advises non-EU manufacturers and brand owners on the battery passport, in contract negotiations, towards Dutch authorities and in court.
In the first days we establish who places your batteries on the EU market and which fall in the three categories. Then we review your contracts with the importer, distributor and passport provider, and draft the written authorisation. If a Dutch authority announces a measure, we prepare the zienswijze (written view); after a decision, the bezwaar and beroep. In disputes we act at first instance and on appeal.
Frequently asked questions about the battery passport
When does the EU battery passport become mandatory?
The EU battery passport becomes mandatory on 18 February 2027 for each LMT battery, each industrial battery with a capacity greater than 2 kWh and each electric vehicle battery placed on the market or put into service (Article 77(1)). From the same date, all batteries carry a QR code (Article 13(6)).
Does a non-EU manufacturer have to create the battery passport itself?
As a rule, no: the economic operator placing the battery on the market is responsible (Article 77(4)), and when you sell through an importer, that is as a rule the importer. That operator may authorise the manufacturer in writing to act on its behalf.
Who supervises the battery passport in the Netherlands?
Which Dutch authority supervises the battery passport is not yet settled in the sources consulted (1 November 2026). The Dutch Act in Stb. 2026, 330 adds a basis for implementing the Regulation to the Environmental Management Act; penalties are set by each Member State (Article 93).
When should a non-EU manufacturer involve a Dutch lawyer about the battery passport?
A non-EU manufacturer should involve a Dutch lawyer before 18 February 2027 if the passport roles with its importer, distributor or passport service provider are not yet in writing, and when a Dutch authority asks questions or announces a measure about its batteries.
Primary sources
- Regulation (EU) 2023/1542 of 12 July 2023 concerning batteries and waste batteries, OJ L 191, 28.7.2023, consolidated text of 13 August 2026; Articles 1, 3, 13, 38, 42, 44, 57, 77, 78, 93, 96 and Annex XIII
- Commission Implementing Regulation (EU) 2026/1778 of 16 July 2026, digital product passport registry; Articles 1, 4, 6a, 7, 24
- Implementing act on persons with a legitimate interest, Article 77(9), and delegated act on standards for the QR code and unique identifier, Article 77(3): Commission drafts, not yet adopted (as at 1 November 2026)
- Wet van 30 september 2026, Staatsblad 2026, 330 (Wet uitvoering EU-verordening overbrenging van afvalstoffen en implementatie enkele andere EU-rechtshandelingen), Kamerstukken 36 880
Last checked on 1 November 2026 · next relevant date: 18 February 2027 (battery passport and QR code mandatory)
Battery passport roles with your Dutch importer or provider not yet on paper? Put your situation to me through my page as product law partner in the Netherlands. — Martin Krüger
