regulations

Who Can See Restricted Battery Passport Data? The October Draft

The Commission's draft of 19 October 2026 names who may open the non-public parts of the battery passport and what they may do with the data.

10/21/2026 · 7 min read · InfoDPP

Status: draft Commission implementing regulation, Ares(2026)9814179, published on 19 October 2026 with feedback open until 16 November 2026. It reflects the preliminary views of the Commission services and can still change. The passport obligation itself starts on 18 February 2027 either way.

Since 2023 the Batteries Regulation has reserved parts of the battery passport for “persons with a legitimate interest”, without saying who they are. For anyone building a passport this is a practical problem: you cannot configure access rights if you do not know whom to let in. The draft published on 19 October is the Commission’s first attempt to answer that question.

Article 77(9) gave the Commission until 18 August 2026 to adopt this act. The deadline passed and the draft followed two months later. It is short, three articles on five pages. Here is what it says, what it leaves open and what it means if you are preparing passports for LMT, electric vehicle or large industrial batteries.

What the Regulation already says

Annex XIII divides passport content into four blocks. Point 1 is public. Point 3, the test reports, is reserved for notified bodies, market surveillance authorities and the Commission, which also see point 2. Points 2 and 4 are open to persons with a legitimate interest:

Point 2, battery model: (a) detailed composition, including the materials of the cathode, anode and electrolyte; (b) part numbers and contact details of sources for replacement spares; (c) dismantling information such as exploded diagrams, disassembly sequences and required tools; (d) safety measures.
Point 4, individual battery: performance and durability values, state of health, status (original, repurposed, re-used, remanufactured or waste) and data from use, such as charging cycles, accidents and operating conditions.

Article 77(2) also states the purpose. Dismantling and composition data are meant for repairers, remanufacturers, second-life operators and recyclers. Data on an individual battery are meant for its purchaser, so that the battery can be offered to independent energy aggregators or market participants. The draft turns these general descriptions into specific lists.

Who gets what under the draft

Information in Annex XIII	Who may open it	May it be passed on?
2(a) composition and 2(c) dismantling	Repairers, remanufacturers, anyone repurposing batteries, waste management operators carrying out treatment, recyclers, vocational training centres for repair, repurposing or remanufacturing	Not in general. Exceptions: emergency services, and poison centres for composition only
2(b) part numbers and spare-part contacts	Repairers, remanufacturers, anyone repurposing batteries, and the purchaser of the battery	No
2(d) safety measures	All of the above, plus treatment facilities for end-of-life vehicles and for waste electrical and electronic equipment	Yes, without restriction
4, data on the individual battery	The purchaser and anyone acting on the purchaser’s behalf	Only to emergency services, prospective buyers, market surveillance authorities and the authorities responsible for waste batteries under Chapter VIII

Two further exceptions apply to every group: the data may always be given to customs authorities, and the economic operator that placed the battery on the market may authorise wider sharing or publication.

It is also worth noting who is missing from the lists. Once a battery becomes waste, responsibility for the passport passes to the producer, its producer responsibility organisation or the selected waste management operator (Article 77(7)). They can edit the passport and see all of it, so the draft does not need to name them as persons with a legitimate interest.

What they may do with the data

Access is tied to a purpose. The groups that receive points 2(a) to 2(c) and point 4 may use the data only to assess the battery’s condition, residual value and suitability for further use, and to decide on or carry out repair, preparation for re-use, repurposing, remanufacturing or recycling. The purchaser may also use point 4 to offer the battery to independent aggregators or other market participants.

Downloading is allowed, but the data may not be kept longer than the purpose requires. Passing it on is excluded unless one of the exceptions in the table applies. Safety measures are treated differently: the draft treats them as not commercially sensitive, so anyone who receives them may share and publish them.

What the draft leaves open

How a repairer or recycler proves who they are. The draft lists roles, not a verification procedure. According to the September battery FAQ (question 6.4), authentication will not be defined centrally, and national registers of recyclers and waste operators may help confirm a company’s status. The passport itself is hosted by the economic operator, not by the EU Registry (question 6.5).
Technical access. There is nothing on interfaces, credentials or access logs. Those questions fall under the essential requirements of Article 78 and the standards work, not this act.
Resale. Recital 4 mentions resale and lets the purchaser share point 4 data with prospective buyers, but the draft does not say how access passes to the next owner.

What this means for battery makers

The text may still change, but three practical points already follow from it if you are preparing passports for February 2027.

Plan for roles, not just public and private. The draft has at least six groups with different access to four kinds of data. A single “restricted” tier will not be enough.
Write the safety section as if it were public. The facilities that receive point 2(d) may republish it, so it should be clear, accurate and free of anything you would not want circulated.
Decide who in your company approves wider sharing. Only the operator that placed the battery on the market can authorise sharing beyond the listed exceptions, and the requests will come to you.

Keep the configuration easy to change. Until adoption, both the groups and the exceptions can still be revised.

Timeline

19 October to 16 November 2026: public feedback on Have Your Say.
December 2026 or early January 2027: planned vote in the committee of Member State representatives, according to the Commission’s webinar of 30 September.
After adoption: entry into force 20 days after publication in the Official Journal.
18 February 2027: the passport obligation applies, whether or not this act has been adopted by then.

FAQ

Is the act already law?

No. It is a draft prepared by the Commission services and published for feedback. It becomes binding only after the committee vote, adoption by the Commission and publication in the Official Journal.

Will someone who buys an e-bike see the restricted data?

Under the draft, “the purchaser of the battery” may see point 4 data on that battery, as well as part numbers and spare-part contacts. The draft does not distinguish between business and private buyers. Purchasers do not get composition or dismantling data.

Does the draft change the 18 February 2027 deadline?

No. That date is set in Article 77(1) of the Regulation, and an implementing act cannot move it.

Official Sources

Start with one product: create its digital product passport on OriginPass.eu.

← Back to Blog