If you bring finished batteries, or products with a finished battery inside (such as complete e-bikes or e-scooters), into the EU from outside it, you are normally the one placing them on the EU market. That makes the battery passport your responsibility, even though the factory is abroad. If you buy from an EU manufacturer or importer and resell, you're a distributor: you don't create the passport, but you shouldn't sell batteries that lack the required markings.
Why the importer, not the factory?
The Batteries Regulation puts the passport duty on the economic operator that places the battery on the EU market: the first company that supplies it in the EU. When batteries come from outside the EU, that is usually the importer.
Your foreign supplier can still do much of the work. You can authorise it in writing to create and update the passport for you. According to the European Commission, though:
- written authorisation doesn't transfer the legal responsibility; it stays with you, and
- registering the passport in the EU registry has to be done by the company placing the battery on the EU market.
Who is responsible? Common situations
| Your situation | Who handles the passport |
|---|---|
| You import finished e-bike or e-scooter batteries from China or elsewhere outside the EU | You, as the importer |
| You import complete e-bikes or e-scooters with the battery already fitted | You, as the importer: the battery is normally placed on the market when it's imported |
| You import cells or modules and assemble the batteries in the EU | You, as the manufacturer of the finished battery |
| You buy finished batteries from an EU manufacturer and only fit them into your vehicles | The battery manufacturer |
| You complete the battery yourself, for example by adding the BMS | You |
| You buy from an EU importer or wholesaler and resell | Your supplier; you're a distributor (see below) |
| You sell batteries under your own brand, modify them in a way that could affect compliance, or change what they're used for | You, as you're treated as the manufacturer |
| You repurpose or remanufacture used batteries | You: a new passport, linked to the original where one exists |
The Commission's guidance looks at who completes the finished, working battery, typically including its BMS. Borderline cases are judged case by case, so if your setup doesn't fit neatly, check it early.
What importers should do now
- Map your products: every battery model and every product with a battery inside, with the supplier for each.
- Ask suppliers for the passport data: manufacturer details, place of manufacture, chemistry and materials, hazardous substances, weight, capacity, voltage, power, cycle life, operating temperatures, safety and dismantling information, the EU declaration of conformity and test reports.
- Put it in your contracts: that the supplier provides the data, keeps it up to date for new production batches and puts the QR code on the battery before shipment.
- Decide who hosts the passports: you, your supplier under written authorisation, or a service provider. Whoever it is, you stay responsible for the data.
- Prepare for the EU registry: arrange a way to verify your company there (usually a qualified electronic seal), because you'll be the one registering.
- Check samples on arrival: the QR code is there, it scans, and it opens the right passport.
If your supplier can't or won't provide the data, the obligation doesn't go away. Start asking now: collecting supplier data is usually the slowest part, and February 2027 is close.
If you're a distributor
A distributor buys batteries that are already on the EU market, from an EU manufacturer or importer, and sells them on. You don't create passports, but before selling you must check that batteries carry the required markings, including the QR code, and keep track of who supplied them.
Watch out for what changes your role: if you sell batteries under your own name or brand, modify them in a way that could affect their compliance, or change what they're used for, you're treated as the manufacturer and the passport becomes your job.
What happens if a battery has no passport?
From 18 February 2027, a covered battery without a passport can't legally be placed on the EU market. Market surveillance authorities can require corrective action, including withdrawing or recalling products, and each EU country sets its own penalties. Retailers and business customers are also likely to start asking for passports before they buy.
Rather not do this yourself?
PackPass checks which of your batteries are covered, tells you exactly what to ask your suppliers for and publishes the passports and QR codes for you. The first 10 companies get 3 months free.
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Not legal advice. This guide explains the rules in plain language as of the date above. Some implementing acts are still being adopted, so details can change. For decisions about your specific products, check the official texts or ask a lawyer.
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