If you manufacture or import batteries into the EU, the battery state of health passport is not a future concern. Regulation (EU) 2023/1542 sets out specific requirements for how state of health (SoH) data must be recorded, updated, and made accessible through the digital battery passport. This article explains exactly what Article 14 and Annex XIII require, which battery categories are affected, and what your obligations are from February 2027 onward.
What Article 14 Says About State of Health
Article 14 of Regulation (EU) 2023/1542 covers SoH labelling and the requirement to make SoH data accessible through the battery passport. It applies to electric vehicle (EV) batteries, light means of transport (LMT) batteries, and industrial batteries above 2 kWh.
The regulation defines state of health as a measure of a battery’s current condition relative to its original capacity and performance. Article 14 requires that this value be recorded in the battery passport and that it remain accessible to authorised parties throughout the battery’s life.
A key distinction in Article 14 is between static and dynamic SoH data. At the time of manufacture or first sale, SoH is a static value: the battery is new, and its baseline performance is recorded once. Once the battery enters service, however, SoH changes over time as the battery charges and discharges. Article 14 therefore requires that the passport be updateable to reflect current SoH, using data drawn from the battery management system (BMS).
This updateability requirement is not optional. The passport must be capable of receiving and displaying current SoH data from the BMS. Manufacturers and economic operators must ensure that the BMS can communicate this data via interoperable protocols to authorised parties.
When BMS Access Becomes Mandatory
Article 14(5) of Regulation (EU) 2023/1542 introduces a specific obligation for BMS data access. From a date to be specified by delegated act, authorised operators, including repair workshops and second-life operators, must be able to read SoH data directly from the BMS using interoperable protocols.
That date has not yet been confirmed. It will be set by a delegated act adopted by the European Commission. Until that delegated act is published and enters into force, the exact start date for mandatory BMS access remains unconfirmed. Plan for this requirement, but do not treat any specific year as a confirmed deadline.
The interoperability requirement matters in practice. It means you cannot use proprietary BMS communication formats that lock out third-party repair or reuse operators. The regulation anticipates that a battery removed from an EV, for example, may be assessed by an independent second-life operator who needs to read its SoH without access to the original manufacturer’s diagnostic tools.
The SoH threshold below which a battery must be taken out of service in its original application is not set by the passport itself. That threshold is set by the delegated act. The passport records and communicates SoH data; the delegated act determines the minimum acceptable value for continued use in a given application.
Battery State of Health Passport Requirements Under Annex XIII
Annex XIII of Regulation (EU) 2023/1542 defines which data is accessible to which parties through the battery passport. It is organised into four numbered access tiers. SoH data sits in points 4(a) and 4(b), which cover individual-battery performance and state of health. Access at this tier is restricted to persons with a legitimate interest.
Point 4(a) covers individual battery performance data. Point 4(b) covers state of health specifically. The restriction to persons with a legitimate interest means that SoH data for a specific battery is not publicly visible. Repair workshops, second-life operators, waste management operators, and market surveillance authorities can qualify as persons with a legitimate interest, but the general public cannot access this tier of data.
This access structure reflects the sensitivity of individual battery performance data. A battery’s SoH reveals how it has been used, how much capacity it has lost, and how much useful life remains. That information is commercially sensitive and, in some contexts, personally sensitive if it can be linked to a vehicle owner’s driving behaviour.
Point 1 of Annex XIII covers publicly accessible data, which includes general model-level information. Point 1(a) incorporates the information required under Annex VI Part A, which covers battery model identification and general technical specifications. SoH for an individual battery is not part of the public tier.
Which Battery Categories Must Include SoH Data, and When
The European Commission’s guidance on the 71 data points required in the battery passport (47 mandatory for EV batteries, 50 for LMT batteries, and 32 for industrial batteries above 2 kWh) includes the SoH series, but the mandatory status differs by category.
For EV batteries, the Commission guidance marks the SoH series as not to be filled or displayed as of February 2027. This does not mean EV batteries are permanently exempt. It means the SoH fields are deferred for EV batteries at the February 2027 launch date, pending further specification. The requirement will apply once the relevant delegated act or Commission decision confirms the methodology and threshold.
For LMT batteries, SoH data is mandatory from February 2027. If you manufacture or import LMT batteries, you must include SoH data in the passport from the date the passport obligation applies to your product category.
For industrial batteries above 2 kWh, SoH data is conditional. The specific conditions are set out in the Commission guidance and will depend on the battery’s application and configuration.
The February 2027 date applies to the battery passport obligation for EV and LMT batteries. The exact date for industrial batteries above 2 kWh is expected around 2027, pending the relevant ESPR delegated act adoption. Do not treat this as a confirmed date for industrial batteries until the delegated act is published.
What “Updateable” Means in Practice
The requirement that the passport reflect current SoH has direct operational consequences. A static QR code linking to a fixed data record does not satisfy the requirement if SoH changes over time and the record is never updated.
Your passport system must be connected, in some form, to a data source that can receive updated SoH readings from the BMS. This could be a direct API connection, a periodic data push from the BMS, or a manual update process triggered by a service event. The regulation does not prescribe the technical architecture, but it does require that the data in the passport remain current.
For batteries still in their original application, the BMS typically holds the most current SoH reading. For batteries that have been removed from service, the last recorded SoH reading before removal should be retained in the passport. When a second-life operator assesses the battery, they must be able to read the current SoH from the BMS using interoperable protocols, as required by Article 14(5).
This is where the EU Battery Regulation state of health requirements connect directly to your product data infrastructure. If your BMS cannot export SoH data in a format readable by third-party tools, you will need to address that before the Article 14(5) obligation takes effect.
Access Control and Legitimate Interest
Because Annex XIII points 4(a) and 4(b) restrict SoH data to persons with a legitimate interest, your passport system must include an access control layer. You cannot simply publish all battery data openly and consider the obligation met.
The regulation does not define “legitimate interest” exhaustively, but Article 14 and the broader framework of Regulation (EU) 2023/1542 make clear that repair operators, remanufacturers, second-life operators, and waste management facilities qualify. Market surveillance authorities and notified bodies also have access rights under Annex XIII points 2 and 3 respectively.
In practice, this means your passport platform must be able to authenticate users, verify their role or status, and grant or restrict access to specific data tiers accordingly. A single public-facing data page does not satisfy the tiered access requirements of Annex XIII.
What You Need to Do Now
If you sell LMT batteries into the EU, SoH data is mandatory in the battery passport from February 2027. Start by confirming that your BMS records SoH in a format that can be exported and linked to the passport record.
If you sell EV batteries, the SoH fields are deferred at February 2027, but the passport itself is required. Build your passport infrastructure now so that SoH data can be added when the Commission confirms the methodology.
If you sell industrial batteries above 2 kWh, check the Commission guidance on conditionality for your specific battery type. The February 2027 date for industrial batteries is expected but not yet confirmed by delegated act.
For all categories, review your BMS communication protocols against the interoperability requirement in Article 14(5). If your BMS uses proprietary formats, plan the technical changes needed to support third-party access before the delegated act date takes effect.
Ensure your passport platform supports tiered access control. Annex XIII points 4(a) and 4(b) require that individual SoH data be accessible only to persons with a legitimate interest. A platform that cannot enforce this distinction does not meet the regulatory requirement.
To see how Traceable handles SoH data fields, access control tiers, and BMS data integration for EU battery passport compliance, visit traceable.digital/pricing to start a free trial. The platform is built around the specific data point requirements of Regulation (EU) 2023/1542 and supports the tiered access structure of Annex XIII.
