Responsibility for the Digital Battery Passport does not simply follow who produced the battery. Article 77 of the EU Batteries Regulation (EU) 2023/1542 places the main obligations on the economic operator placing the battery on the market. The European Commission also explains that the obligation falls on the operator placing the finished battery on the market, not on suppliers of individual components or modules.
Who the responsible operator is
- Article 77(3): the operator placing the battery on the market attributes the unique identifier, and the QR code links to it.
- Article 77(4): that operator ensures the passport information is accurate, complete and up to date.
- Article 77(10): the operator placing the battery on the market or putting it into service uploads the unique identifier to the registry.
The Regulation defines “placing on the market” as the first making available of a battery on the Union market, and an “importer” as a person established in the Union who places on the market a battery from a third country. So when a battery comes from outside the EU, the operator placing it on the market may be the EU importer rather than the overseas factory. A company selling a battery under its own name or trademark may also be the manufacturer as defined, even if another company builds it. Who is responsible in practice depends on the structure of each model and sales route, and batteries built into vehicles or equipment need to be checked separately.
Tasks can be delegated, so be clear about responsibility
- Article 77(4): the responsible operator may give another operator written authorisation to act on its behalf.
- Article 78(c): passport data is stored by the responsible operator or by operators it authorises.
- Article 78(d): authorised operators may not sell, re-use or process the data beyond what is necessary to provide the service.
- Article 78(e): the passport must remain available after the responsible operator ceases to exist or ceases its activity in the Union.
- Implementing Regulation (EU) 2026/1778, recital 31: the economic operator remains liable even if a third party is authorised to register on its behalf.
When responsibility moves
- After preparation for re-use, preparation for repurposing, repurposing or remanufacturing, it moves to the operator placing that battery on the market or putting it into service, and the battery gets a new passport linked to the original (Article 77(7)).
- When a battery becomes waste, it moves to the producer, the producer responsibility organisation or the selected waste management operator (Article 77(7)).
- After the battery has been recycled, the passport ceases to exist (Article 77(8)).
Identity verification for the registry
Only verified economic operators can register passports in the registry. Under Article 4 of Implementing Regulation (EU) 2026/1778, legal persons provide a qualified electronic seal issued by a qualified trust service provider under the eIDAS Regulation (EU) No 910/2014, or an electronic attestation of attributes issued under Union law. The details depend on whether the company is required to be established in the Union. Verified status lasts three years at most. Once it or the identification means expire, the operator must be verified again before it can add registrations or change data.
Registration is done through the registry’s interface or API (Article 8). A registered passport can be transferred to another verified operator that takes over the related obligations (Article 6a).
What battery companies outside the EU need to confirm
- List the operator placing each model on the market, by sales route: your company, an EU subsidiary, an importer or a brand customer.
- Prepare even if you are not that operator. Factories usually hold most of the data, so agree with the operator what you provide, in what format and how often.
- Agree who attributes the unique identifier, generates the QR code and completes the registration.
- Work out which entity goes through identity verification and which electronic seal or attestation it needs.
- In contracts with service providers, cover the written authorisation, permitted data use, data migration at the end of the service and continued availability of the passport. Article 77(5) requires data to be transferable through an open interoperable network without vendor lock-in.
Official sources
- EU Batteries Regulation (EU) 2023/1542, consolidated text (EUR-Lex) (opens in a new tab)
- Implementing Regulation (EU) 2026/1778: Digital Product Passport registry (EUR-Lex) (opens in a new tab)
- European Commission: Digital Product Passport for Batteries (opens in a new tab)
- European Commission: DPP Registry (opens in a new tab)
This article helps with project preparation and is not legal advice. Refer to the official text and professional advice for specific obligations.