Detailed battery composition: one bill of materials, two access tiers

Two points, one bill of materials

Point 1(b) of Annex XIII requires the material composition of the battery, including its chemistry, hazardous substances other than mercury, cadmium and lead, and critical raw materials. Point 2(a) requires the detailed composition, including the materials used in the cathode, anode and electrolyte. The subject is the same; the dividing line is granularity. Writing the same text into both fields leaves one of them unanswered — usually the detailed one, because the public version already exists for the catalogue and is the easiest to copy.

“Including” does not mean “only”

Point 2(a) names cathode, anode and electrolyte, but introduces them with the word “including”. The list is therefore open. Article 3 defines a battery cell as the basic functional unit composed of electrodes, electrolyte, container, terminals and, if applicable, separators, containing the active materials. Separator, container and terminals are parts of the cell by the regulation's own definition. Leaving them out because the field does not name them explicitly is a reading that is hard to defend.

Who this data is for

Article 77(2), third subparagraph, point (a) states what this access tier serves: dismantling of the battery, including safety measures to be taken during dismantling, and the detailed composition of the battery model — and the access must be essential to allow repairers, remanufacturers, second-life operators and recyclers to conduct their economic activities. The criteria in Article 77(9) confirm it: evaluating the status and residual value of the battery, and choosing between preparation for re-use, preparation for repurposing, repurposing, remanufacturing and recycling. The reader is a recycler choosing a process route, not a customer.

The cell supplier holds the data; you hold the liability

A pack integrator usually does not know the cathode formulation — it is the cell maker's core know-how and often contractually confidential. Article 77(4) nonetheless requires the economic operator placing the battery on the market to ensure the passport information is accurate, complete and up to date; it may authorise another operator in writing to act on its behalf, but that does not transfer the responsibility. The disclosure commitment therefore belongs in the supply contract, not in an email three months before the deadline.

Where it goes wrong

• The same text in point 1(b) and point 2(a) — the detailed tier is then unanswered and the public one unchanged.
• Publishing electrode and electrolyte data in the public part of the passport; the criterion in Article 77(9) points the other way, and publication cannot be undone.
• Giving a chemistry designation (NMC, LFP) instead of a composition — the designation names a class, not materials.
• Declaring only three constituents because the field names three; the word “including” does not close the list.
• A confidentiality agreement with the cell supplier that carves out no exception for passport disclosure to legitimate-interest holders.

Frequently asked