(EU) 2023/1542 · Annex XIII(4)(c)
Battery status: one word that triggers a new passport
This is not a data field but a switch. Point 4(c) of Annex XIII asks for information on the status of the battery, defined as original, repurposed, re-used, remanufactured or waste. Writing one of those words is not an administrative act: on a change, Article 77(7) transfers responsibility for the passport to a different economic operator and requires a new passport linked to the original one. That is why this field is the most contested clause in contracts between a manufacturer and whoever takes the battery on.
Five values, four legal terms
Article 3 defines preparation for re-use, preparation for repurposing, repurposing and remanufacturing. Re-used as a standalone term is not among them; preparation for re-use is defined by reference to Article 3, point (16), of Directive 2008/98/EC. The passport's vocabulary and the operative vocabulary of the Regulation therefore do not map one to one. The practical consequence: a status entry has to be accompanied by a statement of which operation was actually carried out, or the value cannot be verified later.
Remanufactured carries a numeric threshold
Article 3 defines remanufacturing as a technical operation on a used battery that includes the disassembly and evaluation of all its cells and modules and the use of a certain number of cells and modules that are new, used or recovered from waste, to restore the battery capacity to at least 90% of the original rated capacity, where the state of health of all individual cells does not differ by more than 3% between cells, and which results in the battery being used for the same purpose as originally designed. Miss those thresholds and the battery may not be labelled remanufactured.
The boundary between repurposed and waste
Under Article 3, repurposing is an operation on a battery that is not a waste battery, and a waste battery is defined by reference to Article 3, point (1), of Directive 2008/98/EC. The boundary is therefore drawn by waste law, not by the technical condition of the battery. For shipments, Annex XIV requires the holder to substantiate a used-not-waste claim with a copy of the invoice and contract, evidence of evaluation or testing — including a certificate of testing and proof of functionality for every battery or fraction thereof — and a declaration that nothing in the consignment is waste.
A change of status starts a chain
The entry is only the start. Article 77(7) transfers responsibility to the economic operator that placed the changed battery on the market or put it into service, and requires a new passport linked to that of the original. Article 17(3) prescribes an additional conformity assessment under Module A. Article 13(9) requires new labels or markings carrying the change of status, accessible through the QR code. Article 38(11) treats that operator as a manufacturer, Article 56(2) as a producer with extended producer responsibility. Where the status becomes waste, responsibility passes to the producer, the producer responsibility organisation under Article 57(1), or the waste management operator under Article 57(8). Under Article 77(8) the passport ceases to exist after recycling.
Where it goes wrong
- Labelling a battery remanufactured without meeting the 90% of original rated capacity and 3% cell-to-cell thresholds.
- Recording a status without stating which Article 3 operation was carried out.
- Judging a battery used rather than waste without the evidence Annex XIV lists for shipments.
- Editing the value in the existing passport, although Article 77(7) requires a new passport linked to the original.
- A take-back contract that never settles who carries the Article 77(4) obligations after the transfer.
Frequently asked
Which values are allowed?
Point 4(c) of Annex XIII gives the status as original, repurposed, re-used, remanufactured or waste.
When does a battery count as remanufactured?
When the Article 3 definition is met: disassembly and evaluation of all cells and modules, capacity restored to at least 90% of the original rated capacity, state of health differing by no more than 3% between cells, and use for the same purpose as originally designed.
Who runs the passport after a change of status?
Under Article 77(7), the economic operator that placed the changed battery on the market or put it into service. Where the status becomes waste: the producer, the organisation under Article 57(1) or the waste management operator under Article 57(8).
When does the passport end?
Article 77(8) provides that a battery passport ceases to exist after the battery has been recycled.
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