What Applies Where Decision Sequence for Battery Passports

The what applies where decision for a battery passport is a sequence of tests, taken in order, in which each test narrows the question and the next test is only asked if the earlier test is passed. The sequence starts with jurisdiction, then scope, then category, then capacity and date, and only then reaches the passport duty and the data duties. A decision that starts with the passport duty, without first settling jurisdiction and scope, risks applying the wrong law to the wrong battery, while a decision that takes the tests out of order risks a conclusion that looks firm but rests on an unsettled earlier test. The sequence is the method, and the record of the sequence is the decision file.

The scope is the decision sequence for a battery that may be placed in the EU, in Great Britain, in Northern Ireland or in a US state, as checked on 28 October 2026. The guide states the sequence in general terms and does not decide any particular battery.

What is the first test in the sequence?

The first test is jurisdiction, asking where the battery is to be placed on the market or put into service, and which instrument therefore governs that placing. The test needs the placing territory, the placing date and the operator role, because the same battery placed in the EU, in Great Britain and in a US state carries different duties in each placing. A battery placed in several jurisdictions needs a separate sequence for each placing, with the jurisdiction label on each sequence, rather than a single sequence that tries to cover every placing at once. The jurisdiction test is first because every later test is read under the instrument that the jurisdiction test selects.

What is the second test in the sequence?

The second test is scope, asking whether the battery falls inside the instrument selected by the jurisdiction test, by reading the scope wording of that instrument with the facts of the battery and the equipment. For the EU, the scope wording is Article 1 of Regulation (EU) 2023/1542, with the limited exclusion wording described in the specialist scope guide. For Great Britain, the scope wording is in the UK regulations. For a US state, the scope wording is in the state law. A battery outside scope in the selected jurisdiction carries no duty under that instrument, and the sequence stops for that jurisdiction, with the scope conclusion and the wording relied on recorded. A battery inside scope moves to the next test.

What is the third test in the sequence?

The third test is category, asking which category the battery falls in under the definitions of the selected instrument, because duties vary by category. For the EU, the categories are portable, light means of transport, electric vehicle, industrial and starting lighting and ignition, as defined in Article 3. For Great Britain, the categories are portable, industrial and automotive. For a US state, the categories are defined by state law. Category should be decided by design purpose and by the definitions, not by marketing label, and the category conclusion should be recorded with reasons, so that a later reader can see why the battery was placed in one category rather than another.

What does the decision sequence table look like?

A decision sequence table shows the tests in order, with the question, the source and the outcome that moves the reader to the next test. The table below uses the EU sequence as the example, labelled as such.

What are the capacity and date tests?

The capacity and date tests are the final tests in the EU sequence, asking whether the battery is an electric vehicle battery, a light means of transport battery with no capacity threshold, or an industrial battery over 2 kWh, and whether it is placed on the market or put into service from 18 February 2027. Both tests must be passed for the Article 77 passport duty to apply, and a battery that passes the category test but fails the capacity test, or passes the capacity test but fails the date test, falls outside the fixed passport duty, while other Regulation duties may still apply. The tests should be recorded with the capacity figure, the capacity source and the placing date, so that a later reader can verify the conclusion without remeasuring the battery.

How is the sequence recorded?

The sequence is recorded as a dated decision note, with each test, the source read, the facts relied on, the conclusion and the uncertainty stated separately, so that a later reader can audit the sequence test by test. A note that states only the final conclusion, without the sequence, cannot be audited, and a later change in law or in facts cannot be applied to the correct test. A note that records the sequence can be updated test by test, with the earlier tests left standing where they are unaffected. The decision note should be kept with the battery file, linked by identifier, and updated when the battery is placed in a new jurisdiction or prepared for a new use.

What limits apply to the decision sequence?

The limits are that the sequence is a method, not a legal conclusion, and each test needs a direct reading of the instrument for that jurisdiction. This guide gives general educational information only and is not individual legal advice. A decision maker with a specific battery should check the relevant instruments as checked on 28 October 2026 before acting.