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 | Only where the battery is specifically designed to provide electric power for traction |
The Regulation has no separate rule for mild-hybrid (MHEV) batteries: such a battery is an EV battery where it is "specifically designed to provide electric power for traction in hybrid or electric vehicles" of the categories in Article 3(1), point (14); the definition has no 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 through the QR code referred to in Article 13(6) (Article 77(3)), as described in 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: 18 February 2025 or later under Article 7(1)
From 18 February 2025 or 12 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest (Article 7(1), second subparagraph, point (a)), a carbon footprint declaration must be drawn up under Article 7(1) "for each battery model per manufacturing plant". It states "the carbon footprint of the battery, calculated as kg of carbon dioxide equivalent per one kWh of the total energy provided by the battery over its expected service life". 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 the life cycle stages in Annex II, point 4: raw material acquisition and pre-processing, main product production, distribution, and end of life and recycling. The use phase "shall be excluded from the life cycle carbon footprint calculations, as it is not under the direct influence of manufacturers except where it is demonstrated that choices made by battery manufacturers at the design stage can make a non-negligible contribution to that impact" (Annex II, point 4)
- 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 both the delegated act and the implementing act referred to in Article 7(1), fourth subparagraph, points (a) and (b): where either enters into force after 18 February 2024, the date becomes 12 months after the later entry into force.
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 electric vehicle batteries, rechargeable industrial batteries with a capacity greater than 2 kWh and LMT batteries. For EV batteries it applies from 18 August 2026 or 18 months after the date of entry into force either of the delegated act or of the implementing act respectively referred to in the fourth subparagraph, points (a) and (b), whichever is the latest (Article 7(2), third subparagraph, point (a)). 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 with a capacity greater than 2 kWh, except those with exclusively external storage, LMT and SLI batteries) that contain cobalt, lead, lithium or nickel in active materials. For EV batteries, the recycled-content declaration is required from 18 August 2028 or 24 months after the date of entry into force of the delegated act referred to in the third subparagraph, whichever is the latest (Article 8(1)). 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 cobalt, lithium and nickel shares are of the material "present in active materials" that has been recovered from battery manufacturing waste or post-consumer waste; the lead share is of the lead present in the battery that has been recovered from waste. The figures are set in Article 8(2) and (3); 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 Article 8(1) declaration date (18 August 2028 or 24 months after the date of entry into force of the delegated act referred to in the third subparagraph, whichever is the latest).
Supply Chain Due Diligence
Economic operators that place EV batteries on the market or put them into service must set up and implement battery due diligence policies (Article 48(1)) concerning the following raw materials and the associated social and environmental risk categories listed in point 2 of Annex X:
- 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 exemption in Article 47, first paragraph, for economic operators that had a net turnover of less than EUR 40 million in the financial year preceding the last financial year and that are not part of a group which, on a consolidated basis, exceeds the limit of EUR 40 million. It requires operators to:
- Incorporate in the battery due diligence policy standards consistent with the internationally recognised due diligence instruments listed in point 4 of Annex X, which include 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
- Identify and assess the risk of adverse impacts in the supply chain associated with the risk categories listed in point 2 of Annex X (Article 50(1), point (a))
- Have the battery due diligence policies verified by a notified body and periodically audited by that notified body (Article 48(2))
- Review annually and make publicly available a report on the battery due diligence policy (Article 52(3)); the battery passport includes "information on responsible sourcing as indicated in the report on battery due diligence policy referred to in Article 52(3)" (Annex XIII, point 1(d))
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 sourcing declaration | Responsible-sourcing declaration for cobalt | From your cell supplier's material disclosure documentation |
| Graphite sourcing declaration | Responsible-sourcing declaration for natural graphite | From cell supplier or anode material supplier |
| Lithium sourcing declaration | Responsible-sourcing declaration for lithium | From cell supplier or lithium material supplier |
| Nickel sourcing declaration | Responsible-sourcing declaration for nickel | From cell supplier or precursor material supplier |
| Annex X Material Countries of Origin | Country or countries of origin of cobalt, natural graphite, lithium and nickel | From your cell supplier or material suppliers |
| 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), enter all relevant countries; Article 49(2), point (c), requires the supply-chain documentation to include "the country of origin of the raw material".
State of Health Reporting
Annex XIII, point 4(b), 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:
- State of health: "information on the state of health of the battery pursuant to Article 14" (Annex XIII, point 4(b)), accessible only to persons with a legitimate interest
- Performance and durability values: "the values for performance and durability parameters referred to in Article 10(1), when the battery is placed on the market and when it is subject to changes in its status" (Annex XIII, point 4(a))
BMS data access for second-life operators
Article 14(2) requires read-only access, through the battery management system (BMS), to the data for the Annex VII parameters "on a non-discriminatory basis to the natural or legal person who has legally purchased the battery, including independent operators or waste management operators, or any third party acting on their behalf at any time", for purposes that include evaluating residual value or remaining lifetime and facilitating repurposing. In practice, this means:
- For electric vehicle batteries, the Annex VII, Part A, state-of-health parameter is the "state of certified energy (SOCE)"
- In the battery passport, state-of-health information is accessible only to persons with a legitimate interest (Annex XIII, point 4); in Traceable, the Current SOH field sits in the "persons with a legitimate interest" access tier — 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 repurposed battery "shall have a new battery passport linked to the battery passport or passports of the original battery or batteries" (Article 77(7))
- Responsibility for keeping the passport information accurate, complete and up to date "shall be transferred to the economic operator that has placed that battery on the market or has put it into service" (Article 77(7))
- The passport records the battery's status ("original", "repurposed", "re-used", "remanufactured" or "waste", Annex XIII, point 4(c)) and the performance and durability values when the battery is subject to changes in its status (Annex XIII, point 4(a))
- The operator placing the repurposed battery on the market must ensure that it complies with the Regulation, "taking into account the fact that, as a result of those operations, the battery might fall under a different battery category" (Article 45(2))
In Traceable, a repurposed or remanufactured battery is its own passport that references the original through the Original Passport URL or Linked Passport URN field; the publish gate blocks it until one of them is filled. The same applies to a Re-used battery unless its Lineage Operation answer is None.
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 shares
- Performance & Durability: Capacity, cycle life, calendar life, state of health, power
- Supply Chain: Sourcing declarations for cobalt, lithium, nickel and natural graphite, Annex X material countries of origin, due diligence statement and report
- Safety: UN 38.3 status, applicable standards, extinguishing agent
- Compliance: DoC reference, notified body, CE marking, harmonised standards
- End of Life: Collection point locator, waste battery management information, dismantling instructions, second-life suitability
All mandatory fields are marked with a red asterisk in the DPP Builder. Carbon-footprint and due-diligence fields, and the four per-metal recycled-content fields, are optional on the EV template and carry no asterisk.