(EU) 2023/1542 · Annex XIII(1)(k)
Capacity threshold for exhaustion: a field for electric vehicle batteries only
Two things about this field are unusual. First, the Regulation limits it in the text itself: point 1(k) of Annex XIII states in brackets that it applies only to electric vehicle batteries. Second, the word “exhaustion” occurs exactly once in the whole Regulation, right here, and is not defined — no test, no percentage, no act to set one. So the field addresses a narrow set of operators and asks them for a value against which the Regulation offers no yardstick.
The scope limit is part of the requirement
For LMT batteries and industrial batteries above 2 kWh this field does not exist. Article 77(2) confirms it: the information is to be included in the passport to the extent applicable to the category or sub-category of battery concerned. Leaving it empty for anything other than an electric vehicle battery is the correct outcome — a value entered there is an error visible at a glance, and it casts doubt on the remaining fields too.
The Regulation does not define the term
The text says only “capacity threshold for exhaustion”. No percentage, no reference test, no empowerment for a delegated act. By contrast, point 1(j) expressly requires the reference test used, and point 1(l) names a reference test in brackets. Point 1(k) names nothing. The value you enter is therefore not measured to a rule but chosen — and the only thing holding it up is the written definition it refers to.
Three numbers that are not this number
Three nearby values are used by mistake. The definition of remanufacturing in Article 3 speaks of restoring capacity to at least 90% of the original rated capacity, with the state of health of individual cells not differing by more than 3% — that is a criterion for the operation, not a threshold for exhaustion. Part A of Annex VII sets state of certified energy (SOCE) as the state-of-health parameter for electric vehicle batteries — a live measurement, not a limit. And Annex IV describes capacity fade as a phenomenon, not a threshold.
The data is not in the battery but in a decision
The end-of-life threshold is a commercial and engineering decision, normally taken by the vehicle manufacturer alongside warranty terms and battery management system logic. The cell supplier does not hold it and cannot issue it to you. That is exactly why the field stalls at importers: there is no document to demand, because the value is a choice rather than a measurement.
Where it goes wrong
- Filling the field for an LMT or industrial battery, to which the text of point 1(k) does not apply.
- Using the 90% from the Article 3 remanufacturing definition as the exhaustion threshold.
- Confusing the threshold with SOCE from Part A of Annex VII — that describes the current condition of an individual battery, not a limit.
- Entering a percentage without stating which capacity and which conditions it refers to.
Frequently asked
Does this field apply to industrial batteries?
No. Point 1(k) of Annex XIII says in brackets “only for electric vehicle batteries”, and Article 77(2) provides that information is included to the extent applicable to the category concerned.
Which percentage should I enter?
The Regulation does not set one and provides for no act on this field. The value must follow from your own definition of end of life, which has to be recorded together with its conditions.
Is this the same as state of health?
No. State of health is governed by Article 14 with Annex VII, and for electric vehicle batteries the parameter is SOCE. This field asks for a threshold, not for the current condition.
Check whether you can prove this field
The free check runs through every mandatory field for your battery category. No sign-up.
Start the check