EU Battery Passport Access Rules: Draft Implementing Act
EU Battery Passport Access Rules: Commission Drafts Who Sees Restricted EV, LMT and Industrial Battery Data
EU battery passport access rules are now in draft. The European Commission has prepared an implementing regulation under Article 77(9) of the Batteries Regulation, (EU) 2023/1542, that defines who may see the non-public parts of a battery passport and what they may do with that information. The EU notified the draft to the WTO as G/TBT/N/EU/1248 on 26 October 2026, with comments open until 25 December 2026 and adoption planned for January 2027.
Background: the battery passport from February 2027
From 18 February 2027, every LMT battery, every industrial battery above 2 kWh and every EV battery placed on the EU market must have a battery passport, an electronic record reached through the QR code on the battery. Some of it is public. Other parts, listed in points 2 and 4 of Annex XIII, are reserved for "persons with a legitimate interest" and the Commission, but the Regulation itself doesn't name those persons in detail. This draft fills that gap.
Key Changes in the EU Battery Passport Access Rules
Who gets access to what
Restricted information (Annex XIII) | Persons with a legitimate interest |
2(a) detailed composition and 2(c) dismantling information | Repairers, remanufacturers, repurposers, waste treatment operators, recyclers, vocational training centres for battery repair, repurposing or remanufacturing |
2(b) part numbers and sources for spare parts | Repairers, remanufacturers, repurposers and the battery purchaser |
2(d) safety measures | All of the above, plus end-of-life vehicle treatment facilities and WEEE treatment facilities |
4 individual battery data (performance, state of health, status, usage history) | The battery purchaser and third parties acting on their behalf |
How the data may be used
Access to points 2(a) to 2(c) and point 4 is limited to two purposes: evaluating the battery's status, residual value and capability for further use, and carrying out or choosing between repair, preparation for re-use or repurposing, remanufacturing and recycling. Purchasers may also use individual battery data to make the battery available to independent aggregators or energy market participants. Users can download the information but must keep it only as long as needed.
Sharing and publishing
Restricted information may not be shared or published, with set exceptions. Emergency services can receive composition, dismantling and individual battery data; poison centres can receive composition data. Purchasers can pass individual battery data to prospective buyers, market surveillance authorities and the authorities responsible for the battery passport obligations (Chapter VIII). All of these persons can share with customs authorities. The economic operator placing the battery on the market can also authorise wider sharing or publication. Safety measures, point 2(d), can be used, shared and published without restriction.
What This Means for Manufacturers
Passport systems need role-based access that tells repairers, recyclers, purchasers and treatment facilities apart.
Detailed composition and dismantling data will reach more independent operators than many manufacturers may expect.
Safety measures should be written to be shared publicly, because they will be.
Contracts and terms of use for passport data should reflect the use limits and sharing exceptions.
The rules apply from 20 days after publication, so passport platforms launching in February 2027 should build them in now.
Certification Impact Summary
Area | Before | After (proposed) | Impact level |
Legitimate interest | Described by purpose in Article 77(2) | Named categories of persons per data block | High |
Access to composition and dismantling data | Not specified in detail | Repairers, remanufacturers, repurposers, treatment operators, recyclers, training centres | High |
Purchaser access | Individual battery data, purpose in Article 77(2)(b) | Individual data plus part numbers and spare sources | Medium |
Use of restricted data | Not specified | Limited to status evaluation and end-of-life or second-life decisions | Medium |
Sharing and publishing | Not specified | Banned except listed authorities, services, buyers, or with the operator's authorisation | Medium |
Safety measures | Restricted to legitimate interest | Free to use, share and publish | Low |
Timeline and Required Actions
Key Dates
Date | Milestone |
26 October 2026 | Draft notified to the WTO (G/TBT/N/EU/1248) |
25 December 2026 | Comment deadline |
January 2027 | Planned adoption |
18 February 2027 | Battery passport mandatory for LMT, industrial >2 kWh and EV batteries |
20 days after OJ publication | Implementing regulation enters into force |
Required Actions for Manufacturers
Confirm which of your batteries need a passport from 18 February 2027.
Map each Annex XIII data block to the access groups in the draft.
Build access control and download logging into your passport platform.
Review how you'll verify that a requester is a repairer, recycler or purchaser.
Prepare safety measure content for unrestricted publication.
Send comments to the EU-TBT Enquiry Point by 25 December 2026.
Conclusion
The draft EU battery passport access rules turn the Regulation's broad idea of legitimate interest into named roles and clear limits. With the passport becoming mandatory in February 2027, manufacturers and passport providers should design access control around these groups now. Our team can help you plan battery passport compliance alongside your other EU battery obligations.
