Can I push the passport duty back to my overseas supplier?

You can and should demand the data from them, but you cannot contract away the legal obligation: the regulation places it on the operator on the EU market. Getting a written record of who each party considers the operator, plus the underlying data, is the practical protection.

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Importers: you are probably the economic operator

Q: If I import batteries, am I responsible for the battery passport?

Usually yes. The battery passport is owned by the economic operator who first places the battery on the EU market. When the maker is outside the EU, the importer is the party placing it on the market, so the importer carries the passport and its accuracy — not the overseas cell maker.

Q: What if I build the battery into my own equipment?

You are likely caught as the operator through 'putting into service'. An integrator who builds a battery into equipment and puts that equipment into use in the EU takes on the operator obligations for the built-in battery.

Q: Are distributors responsible for the passport?

Distributors have supporting obligations — for example checking that the required identifier and information are present — but the core responsibility for creating and maintaining the passport sits with the manufacturer or, for imports, the importer that places the battery on the market.

Short answer

If you import batteries into the EU, you are usually the economic operator who owns the battery passport — not the overseas cell maker. Under Regulation (EU) 2023/1542, the passport (Article 77) belongs to the party that places the battery on the EU market or puts it into service (Article 2). When the manufacturer sits outside the EU, that party is the importer.

Integrators who build batteries into their own equipment are caught too, through "putting into service". Distributors have lighter, supporting duties.

This is the trap the regulation is quietly built to spring. A brand that buys finished packs from a supplier in Asia and sells them, or builds them into a product, tends to assume the "manufacturer" obligations belong to whoever made the cells. They do not — at least not for the EU market. The regulation follows the point of first supply inside the Union, and that is almost always you.

How the regulation assigns responsibility

Regulation (EU) 2023/1542 uses the standard EU product-law machinery. The passport in Article 77 must be created and kept accurate by the economic operator who places the battery on the market. Article 2 then defines the key terms:

"Placing on the market" — the first making available of a battery on the EU market. The party that does this first is on the hook.
"Putting into service" — the first use of a battery in the EU for its intended purpose. This catches operators who never "sell" the battery as such but deploy it in their own equipment.
"Economic operator" — manufacturer, authorised representative, importer, distributor and others. Which one carries the passport depends on the role above.

The logic is simple: the EU cannot enforce obligations against a company that has no presence in the Union, so it puts the duty on the first EU-facing party in the chain. If the maker is abroad, that party is the importer.

Who is the operator in your chain?

Typical operator determination (Art. 77 read with Art. 2)
Your role	Are you the operator for the passport?
Manufacturer in the EU	Yes — you place it on the market.
Importer (maker outside the EU)	Yes — you are the first to place it on the EU market.
Integrator building it into your own equipment and putting that into service	Usually yes — through "putting into service" for the built-in battery.
Distributor (reselling an already-placed battery)	No for creating the passport, but you have supporting duties to check the identifier and information are present.

The integrator variant: "put into service" catches you

A machine builder that buys packs and integrates them into forklifts, AGVs, storage racks or other equipment is a classic case. You might argue you never place a "battery" on the market — you place a machine. But "putting into service" reaches the built-in battery when the equipment is first used in the EU, so the operator obligations for that battery land on you. The overseas pack maker cannot discharge them for you.

Why you cannot just point at your supplier

You can — and must — demand the underlying data from your supplier, because you physically cannot fill the passport without it. But the legal responsibility for the passport being accurate, up to date and complete stays with the operator on the EU market. A supply contract can allocate who provides what data and who bears the cost of getting it wrong, but it cannot move the regulatory obligation off you. The practical protections are: get the data flowing early, and get a written statement from each party in the chain of who they consider the responsible economic operator, so the position is documented rather than assumed.

This guide is general information about Regulation (EU) 2023/1542, not legal advice. Whether you are the economic operator depends on the specific facts of your product and supply chain; confirm your position with qualified counsel before relying on it.

Frequently asked questions

If I import batteries, am I responsible for the passport?

Usually yes. The passport is owned by the economic operator who first places the battery on the EU market. When the maker is outside the EU, the importer is that party — not the overseas cell maker.

What if I build the battery into my own equipment?

You are likely caught as the operator through "putting into service". An integrator who builds a battery into equipment and puts that into use in the EU takes on the operator obligations for the built-in battery.

Are distributors responsible for the passport?

Distributors have supporting obligations — such as checking that the required identifier and information are present — but the core responsibility for creating and maintaining the passport sits with the manufacturer or, for imports, the importer.

Can I push the duty back to my overseas supplier?

You can demand the data, but you cannot contract away the legal obligation: it sits with the operator on the EU market. A written record of who each party considers the operator, plus the data itself, is the practical protection.

Find out if you are the operator

Screen each product against Regulation (EU) 2023/1542 — category, your role, placed vs put into service — and get a dated report that determines your responsibility, with the supplier data-request letters.

Check my batteries → get my battery passport report

Sources

Regulation (EU) 2023/1542, Article 77 — the economic operator placing the battery on the market owns the passport and its accuracy. eur-lex.europa.eu/eli/reg/2023/1542/oj
Regulation (EU) 2023/1542, Article 2 — definitions of "economic operator", "placing on the market", "putting into service", "importer" and "distributor". eur-lex.europa.eu/eli/reg/2023/1542/oj

Honesty note, as of 9 July 2026: the responsibility rules above are settled in the regulation; the passport's data fields and access model are still being finalised through the delegated act due 18 August 2026 and standardisation.