EV batteries
Electric vehicle (EV) batteries carry one of the most comprehensive sets of obligations under Regulation (EU) 2023/1542. The battery passport obligation for EV batteries applies from 18 February 2027 under Article 77(1) — it is not yet in force. Related obligations (carbon footprint, supply-chain due diligence, recycled content) apply on their own dates and are set out below. Several of those dates depend on Commission delegated or implementing acts that are not yet adopted and may change.
This documentation is provided for informational purposes only. It is not legal advice and does not constitute a compliance guarantee, certification, or attestation of conformity with Regulation (EU) 2023/1542. Operators remain solely responsible for their own compliance and should consult qualified regulatory counsel.
Definition
EV batteries are defined in Article 3(1)(14) of the regulation as batteries specifically designed to provide electric power for the traction of hybrid or electric vehicles of category L (Regulation (EU) 168/2013) weighing more than 25 kg, or of categories M, N or O (Regulation (EU) 2018/858). The definition contains no energy-capacity threshold — the ">2 kWh" figure is the Article 77(1) DPP-scope threshold for industrial batteries (and an Article 7/8 obligation threshold), not part of the EV definition.
Vehicle categories in scope
| EU Vehicle Category | Description | Examples |
|---|---|---|
| M1 | Passenger cars (≤8 seats + driver) | Sedans, SUVs, hatchbacks, MPVs |
| M2 | Minibuses (>8 seats, ≤5 t GVW) | Minibuses, large vans with passenger seats |
| M3 | Buses and coaches (>8 seats, >5 t GVW) | City buses, coaches |
| N1 | Light commercial vehicles (≤3.5 t GVW) | Vans, small trucks |
| N2 | Medium commercial vehicles (3.5–12 t GVW) | Medium trucks |
| N3 | Heavy commercial vehicles (>12 t GVW) | HGVs, articulated lorries |
| O | Trailers and semi-trailers | Where batteries provide power for refrigeration or auxiliary systems |
Mild-hybrid (MHEV) batteries are excluded from the EV category on a purpose basis — they provide auxiliary supply and energy recovery rather than traction — not because of an energy-capacity threshold.
Enforcement Dates
Battery passport (DPP) — from 18 February 2027
The EV battery passport obligation applies from 18 February 2027 under Article 77(1) — a single start date shared with LMT batteries and industrial batteries above 2 kWh. It is not yet in force. Every EV battery placed on the market or put into service on or after that date must have a battery passport. The passport must be:
- Created before the battery is placed on the market or put into service
- Accessible via a data carrier (such as a QR code) per Article 13(6) and Annex VI Part C
- Populated with the Annex XIII information for the EV battery category
- Available across the three access tiers, including to market-surveillance authorities
Operators in scope should prepare their product data now, but no battery passport is legally required before 18 February 2027.
Carbon footprint declaration — from 18 February 2025
From 18 February 2025, every EV battery must have a carbon footprint declaration under Article 7(1): the total lifecycle carbon footprint of the battery expressed in kg CO₂ equivalent per kWh of rated energy capacity. The declaration must:
- Be calculated using the methodology established in the Commission delegated act under Article 7(1), based on the Product Environmental Footprint (PEF) approach for batteries
- Cover all lifecycle stages: raw material extraction, cell manufacturing, battery assembly, transportation, use-phase assumptions, and end-of-life processing
- Be supported by technical documentation retained for 10 years after the battery is placed on the market (Article 38 and Annex VIII)
This date is tied to the entry into force of the relevant Commission delegated act; where that act is adopted later, the effective date may move.
Carbon footprint performance class — phased under Article 7
Article 7 also introduces a carbon footprint performance class (a letter rating relative to thresholds set by Commission delegated act) for EV, industrial (>2 kWh) and LMT batteries. The performance-class obligation is phased and depends on delegated acts that are not yet all adopted, so a specific EV start date cannot be stated with certainty here; monitor the Official Journal for the applicable date. Where required, the performance class also appears on the physical battery label.
Recycled Content Requirements
Recycled content is governed by Article 8 and applies to EV batteries (alongside industrial batteries >2 kWh, LMT and SLI batteries). The recycled-content declaration is required from 18 August 2028. The enforceable minimum shares apply from 18 August 2031, rising to higher shares from 18 August 2036 — batteries that fail to meet the applicable minimum shares may not be placed on the EU market after those dates.
| Material | First minimum shares — from 18 August 2031 | Second minimum shares — from 18 August 2036 |
|---|---|---|
| Cobalt | 16% | 26% |
| Lithium | 6% | 12% |
| Nickel | 6% | 15% |
| Lead | 85% | 85% |
The recycled content percentages are expressed as a share of the total content of that material in the battery, by weight. The specific figures are set by the Regulation and its implementing acts; consult the current Official Journal text for the values applicable to each material and date. Declarations must be independently verified by a third party — self-declaration alone is not sufficient.
Preparation note: Meeting the recycled-content minimum shares requires material-procurement decisions made years in advance. Operators should engage with their cell and material suppliers now to understand their recycled-content roadmaps and obtain supply-chain data ahead of the 18 August 2028 declaration date.
Supply Chain Due Diligence
EV battery manufacturers and importers must implement a supply chain due diligence policy covering the sourcing of the following materials from conflict-affected and high-risk areas:
- Cobalt and cobalt compounds
- Natural graphite
- Lithium and lithium compounds
- Nickel and nickel compounds
The due diligence obligation under Article 48 (Chapter VII, Articles 47–53) applies from 18 August 2027 (as amended by Regulation (EU) 2025/1561), subject to the small- and medium-sized-enterprise exemption in Article 47, first paragraph. It requires operators to:
- Adopt a supply chain due diligence policy consistent with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas
- Implement a supply chain management system identifying suppliers and sub-suppliers at each material stage
- Conduct risk assessments for sourcing from conflict-affected and high-risk areas
- Engage with third-party auditors to verify supply chain practices
- Disclose due diligence information, including material geographic origins, in the DPP
Traceable fields for EV battery supply chain
In the Traceable DPP Builder, the following fields capture supply chain due diligence data for EV batteries:
| Field | What to Enter | Where to Find It |
|---|---|---|
| Cobalt — country of extraction | ISO country code(s) of the country/countries where cobalt was mined | From your cell supplier's material disclosure documentation |
| Natural graphite — country of extraction | ISO country code(s) | From cell supplier or anode material supplier |
| Lithium — country of extraction | ISO country code(s) of mining or brine extraction location | From cell supplier or lithium material supplier |
| Nickel — country of extraction | ISO country code(s) | From cell supplier or precursor material supplier |
| Due diligence policy URL | Public URL to your supply chain due diligence policy document | Your legal/compliance team |
| Third-party audit reference | Document reference for the most recent independent audit | From your external auditor |
Where a single battery contains materials from multiple countries of extraction (e.g. cobalt sourced from both the DRC and Australia), all relevant countries must be declared.
State of Health Reporting
Article 14 of the regulation requires that EV battery DPPs contain information about the battery's state of health (SoH) — a measure of the battery's current condition relative to its original rated performance. SoH data is critical for:
- Second-life assessment (determining whether a retired EV battery can be repurposed for stationary energy storage)
- End-of-life decision-making by recyclers
- Consumer transparency regarding battery degradation
What must be declared
The DPP must include:
- SoH methodology: A description of the parameters and calculation method used to determine SoH (e.g. capacity-based SoH, resistance-based SoH, or an internal BMS model)
- SoH at time of supply (where applicable): For batteries not being placed on the market at beginning of life (e.g. reconditioned batteries or batteries from dismantled vehicles), the current SoH value must be declared
BMS data access for second-life operators
Article 15 requires that authorised second-life operators and recyclers can access the battery management system (BMS) data necessary to assess the battery's suitability for second-life use. In practice, this means:
- The DPP must include technical documentation enabling authorised parties to access or interpret BMS data
- Data items include: historical capacity fade, cycle count, estimated remaining useful life, and temperature history
- Access is controlled through the "persons with a legitimate interest" access tier of the Traceable DPP — see DPP Requirements
Second-Life Battery Provisions
Where an EV battery is retired from vehicle service and repurposed for a second application (such as a stationary battery energy storage system), the following obligations apply:
- The original DPP must remain accessible and continue to carry all originally declared data
- A second-life operator who repurposes the battery becomes a manufacturer of a new product (the repurposed battery) and must create a new or updated DPP reflecting the battery's second-life configuration and current condition
- The SoH at the time of second-life commissioning, the repurposing operator's details, and the new application type must be added to the DPP record
- The second-life battery must meet the performance and safety requirements applicable to its new application
Traceable supports second-life DPP updates: authorised operators can add a second-life record to an existing EV battery DPP without overwriting the original data.
EV Battery Template in Traceable
The Traceable EV Battery DPP template is pre-configured with fields that map to the Annex XIII information categories for EV batteries. Using it helps you capture and structure the required data, but it does not by itself make a product compliant — this is not a compliance guarantee. The template covers:
- Battery Details: Identity, specifications, chemistry, manufacturer
- Carbon Footprint: Value, lifecycle stage breakdown, performance class, study reference
- Recycled Content: Cobalt, lithium, nickel, lead — declared and verification status
- Performance & Durability: Capacity, cycle life, calendar life, SoH methodology, power
- Supply Chain: Geographic origin fields for all four regulated materials, due diligence policy
- Safety: UN 38.3 status, applicable standards, fire risk
- Compliance: DoC reference, notified body, CE marking, harmonised standards
- End of Life: Collection scheme, EPR registration, dismantling instructions, second-life suitability
All mandatory fields are marked with a red asterisk in the DPP Builder. Fields that are not yet mandatory but are recommended for regulatory readiness are marked with an advisory indicator.