Battery Passport for Importers: Your Obligations from 2027

If you import batteries into the EU from a third country, you become the responsible economic operator. The EU Battery Regulation (Regulation (EU) 2023/1542) sets out 12 specific obligations for importers in Art. 41 — from verifying the EU declaration of conformity to maintaining technical documentation for 10 years. Starting 18 February 2027, the battery passport adds another layer of requirements. This article breaks down every obligation and explains how importers can prepare.

Who Is an "Importer" Under the Regulation?

Art. 3(46) of the EU Battery Regulation defines an importer as any natural or legal person established in the EU who places a battery from a third country on the EU market. The decisive factor is not the physical border crossing but the first making available on the EU market.

This definition covers a wide range of actors:

• Trading companies that purchase batteries from Asia or North America and resell them in the EU
• Distributors with direct imports that order without an intermediate EU importer
• OEM manufacturers that source battery cells or packs from China, Korea, or Japan and integrate them into their own products
• EU subsidiaries of manufacturers based outside the EU — such as the European branch of a Chinese battery manufacturer

If you are the first entity in the EU supply chain to make a battery available on the market, you are the importer under the regulation — regardless of whether you physically handle the import or use a freight forwarder. For an overview of key dates, see the EU Battery Regulation 2027 timeline.

The 12 Importer Obligations Under Art. 41

Art. 41 of the EU Battery Regulation lists the importer's obligations in paragraphs 1 through 11. Here is the complete breakdown:

1. Only import compliant batteries (para. 1)

You may only place batteries on the market that comply with the requirements of Articles 6 to 10, 12, 13, and 14. These articles cover substance restrictions, carbon footprint, minimum recycled content, performance and durability requirements, safety requirements, and labeling obligations.

2. Verify the EU declaration of conformity (para. 2)

Before placing a battery on the market, you must ensure that the manufacturer has drawn up the EU declaration of conformity in accordance with Art. 18. This document confirms that the battery meets all applicable requirements.

3. Verify technical documentation (para. 2)

You must verify that the technical documentation required under Annex VIII has been drawn up. This documentation contains the detailed evidence from the conformity assessment.

4. Verify CE marking (para. 2)

The battery must bear the CE marking in accordance with Art. 19. As an importer, you verify this before placing the battery on the market.

5. Verify manufacturer labeling (para. 2)

The battery must bear the manufacturer's name, registered trade name or trademark, postal address, and email address (cf. Art. 38(7)). This information must appear on the battery itself or, where this is not possible, on the packaging or in an accompanying document.

6. Ensure unique identifier (para. 2)

Each battery must carry a unique identifier. For batteries with a capacity exceeding 2 kWh, this will be the battery passport QR code from February 2027 onward. For details on physical labeling, see battery passport labeling and QR code requirements.

7. Add own contact information (para. 3)

As an importer, you must indicate your own name, registered trade name or trademark, postal address, and email address on the battery, the packaging, or an accompanying document. This is in addition to the manufacturer's details.

8. Maintain storage and transport conditions (para. 4)

When you store or transport batteries, storage and transport conditions must not jeopardize compliance with the requirements. Temperature, humidity, and mechanical stress must conform to the manufacturer's specifications.

9. Keep documentation for 10 years (para. 7)

The EU declaration of conformity and technical documentation must be kept for 10 years after the last battery of that type was placed on the market. More on this in the section on 10-year documentation.

10. Cooperate with market surveillance authorities (para. 8)

At the request of a national market surveillance authority, you must provide all information and documentation necessary to demonstrate compliance — in a language readily understood by the authority.

11. Take corrective action (para. 5)

If you have reason to believe a battery is not compliant, you must not place it on the market or must take corrective action — including withdrawal or recall. You must inform the manufacturer and market surveillance authorities without delay.

12. Inform authorities of risks (para. 6)

If you consider that a battery presents a risk to human health or the environment, you must immediately inform the competent authorities of the Member State and document the measures taken.

Importer vs. Manufacturer vs. Distributor

The EU Battery Regulation distinguishes three categories of economic operators. The table below shows who is responsible for what. The importer has nearly the same obligations as the manufacturer — the key difference being that the importer verifies documents and markings rather than creating them.

The table shows: as an importer, you sit right behind the manufacturer in the chain of responsibility. Distributors, by contrast, carry significantly fewer obligations.

Battery Passport-Specific Obligations

From 18 February 2027, batteries with a capacity exceeding 2 kWh must have a battery passport — a digital data record accessible via a QR code on the battery. For importers, this means:

• Verify existence: Ensure the manufacturer has created a battery passport before the battery crosses the EU border.
• Check data completeness: The battery passport must contain all data points specified in Art. 77 — from material composition and carbon footprint to recycling information.
• Inspect the QR code: The QR code must be physically applied to the battery and remain legible throughout its lifetime.
• Update data if needed: If the manufacturer has supplied incomplete data, you as the importer must supplement missing information — such as your own contact details as the economic operator.

The importer does not create the battery passport. But you must ensure it exists and is complete. For a full overview of required data points, see the battery passport checklist 2027.

Special Situation: Importers as First Placers on the Market

In many cases, the importer is simultaneously the first economic operator to make the battery available on the EU market. Art. 3(63) defines "placing on the market" as the first making available of a battery on the EU market. When the manufacturer is located outside the EU and has no direct EU sales channel, the importer automatically becomes the entity placing the battery on the market.

This has concrete consequences:

• If the third-country manufacturer has not created a battery passport, the importer must either create it themselves or contractually obligate the manufacturer to do so.
• Many Asian manufacturers are not yet familiar with EU requirements. The responsibility to identify and close data gaps falls on the importer.
• In practice, this means you need clear supplier agreements that specify which data the manufacturer must deliver, in what format, and by when.

For more on supply chain requirements, see the article on supply chain due diligence.

Documentation Obligation: 10 Years

Art. 41(7) requires importers to keep the EU declaration of conformity and the technical documentation for 10 years after the last battery of that type was placed on the market. These documents must be made available to market surveillance authorities upon request at any time.

Practical recommendations:

• Digital archiving with a clear folder structure per battery type and import date
• Version control — when a battery type is modified, the updated documentation must also be retained for 10 years
• Access permissions set up so that authority requests can be answered within a few days
• A retention calendar that automatically flags when specific documentation can earliest be deleted

Practical Tips for Importers

Implementing the Art. 41 obligations requires systematic preparation. The following steps help you build a structured process:

1. Establish supplier qualification: Evaluate your battery manufacturers against a checklist covering all Art. 41 requirements. Manufacturers that cannot provide an EU declaration of conformity or technical documentation do not qualify.
2. Include battery passport requirements in purchasing contracts: Contractually define which data points the manufacturer must deliver, in what format, and by what deadline.
3. Verify data before customs clearance: Check the EU declaration of conformity, CE marking, and battery passport data before the goods are cleared through customs — not after they arrive at your warehouse.
4. Use a structured tool: Battery passport software like DPP Hero lets you capture and manage all required data points systematically based on DIN SPEC 99100.
5. Start with pilot imports: Begin with a small batch to run through the entire process — from data collection to QR code labeling.
6. Consider regulatory consulting: For your first compliance cycle, a specialized consultant can help identify blind spots in your process.

For a complete overview of preparation steps, see the battery passport creation guide. For cost information, see battery passport costs.

Chinese Manufacturers and the EU Market

China is the world's largest exporter of lithium-ion batteries. Companies like CATL, BYD, EVE Energy, CALB, and Gotion High-Tech supply battery cells and packs for electric vehicles, home storage systems, and industrial applications to the EU. For EU importers, this creates specific challenges:

• Data formats: Chinese manufacturers often use internal data formats that do not align with EU requirements. Clarify early which format you need the data in for the battery passport — ideally as a structured dataset according to DIN SPEC 99100.
• Communication: Create a standardized data request template in English and Chinese that lists all mandatory battery passport fields.
• Timeline: Allow at least 3–6 months lead time for the initial data delivery. Chinese manufacturers need time to adapt their internal processes.
• Common gaps: Experience shows that data on the carbon footprint (Scope 3 emissions), raw material origins (cobalt, lithium), and recycled content percentages are frequently missing. You must actively request these data points.

Supply chain due diligence obligations apply regardless of whether your manufacturer is based in China, Korea, or any other third country.

FAQ

Does the importer have to create the battery passport?

No. Creating the battery passport is fundamentally the manufacturer's obligation (Art. 77). However, the importer must ensure that a complete battery passport exists. If the manufacturer — for example, a company outside the EU — has not created a battery passport, the importer must either take over this task or contractually oblige the manufacturer to do so.

Which batteries require a battery passport?

The battery passport is mandatory from 18 February 2027 for all batteries with a capacity exceeding 2 kWh — this includes traction batteries (electric vehicles), industrial batteries, and stationary energy storage systems. LMT batteries (Light Means of Transport) are covered from August 2028. For more details, see when is the battery passport mandatory?

When do Art. 41 importer obligations take effect?

The general importer obligations under Art. 41 (verifying the EU declaration of conformity, CE marking, manufacturer details) have been applicable since 18 August 2024 — the date from which the regulation's market surveillance provisions apply. Battery passport-specific obligations are added from 18 February 2027.

What are the penalties for non-compliance with Art. 41?

Penalties are set by the Member States (Art. 84). They must be "effective, proportionate, and dissuasive." In Germany, fines in the five- to six-figure range are expected. Additionally, withdrawal or recall of non-compliant batteries at the importer's expense may be required.

How does DPP Hero support importers?

DPP Hero is battery passport software based on DIN SPEC 99100. You can capture all required data points, check completeness, and export the battery passport as a structured dataset. The share link feature lets you provide your manufacturers with a form where they can enter the required data directly — without needing their own DPP Hero account.