Am I an importer or manufacturer according to the battery regulation?

Manufacturer or importer: the role determines, not the name on the box

Whoever places a battery on the market under their own brand is in most cases considered a manufacturer; whoever brings a battery of another brand from outside the EU onto the European market is considered an importer. The distinction therefore lies not in the question of who actually manufactured the cells, but in the question of who is responsible for placing it on the market and under whose name or brand that occurs. An e-bike importer who has bicycles with batteries produced in Asia and sells them under their own brand name in the Netherlands is a manufacturer within the meaning of the regulation for that battery — even though there is no factory in Europe. Whoever imports a complete product of a foreign brand, including battery, directly and resells it under that existing brand, is an importer. This distinction is built around the definitions in Article 3 and applies to the obligations that apply per role in Articles 38 to 44.

For whom this distinction matters, and for whom it does not

This distinction applies to every party that brings batteries — loose, built into an e-bike or scooter, or as part of industrial equipment above 2 kWh — onto the European market for the first time or sells them there under their own brand. It therefore applies not only to large manufacturers, but equally to smaller importers and traders who have products made under their own label. For those who act solely as distributors — for example a shop or wholesaler that resells products from a manufacturer or importer unchanged without putting their own brand on them — different and lighter obligations apply than for a manufacturer or importer. Also, those who only repair, modify or replace batteries as part of a repair service without placing them on the market themselves fall outside this specific question. This page is therefore not about repairers or pure resellers, but specifically about the question of who is responsible for first placing on the market.

From 18 February 2027, these role obligations apply

The obligations linked to the role of manufacturer or importer become part of daily practice as soon as the digital product passport becomes mandatory, from 18 February 2027. Until that date, it is already possible to map out which role applies to which product range, so that when the obligation comes into force, there is no longer any ambiguity about who supplies which part of the passport. This preparation period is not mandatory, but it is the moment when role allocation, data collection and the choice of a platform for hosting and QR data carrier can be put into order in practice, without the pressure of an approaching hard deadline.

How this is worked out in practice

The first step is to check under which brand or name the battery or battery product is sold: if your own brand name is on it, that points towards the role of manufacturer, even if production is outsourced. The second step is to check where the battery originally comes from: if a complete, already branded product from outside the EU is imported and resold under that existing brand, that points towards the role of importer. The third step is to look at the range as a whole, because within one company the role can differ per product line — an e-bike importer can be a pure importer for one model and a manufacturer for its own house brand line. The fourth step is to establish which obligations apply to the established role, because manufacturer and importer have overlapping but not identical tasks according to Articles 38 to 44 — think of who compiles the technical documentation, who ensures conformity and who is the first point of contact. The fifth step is to record that role allocation before the data for the digital product passport is submitted, so it is clear who provides which part of the information.

What this is based on: Article 3 and Articles 38 to 44

The definitions of manufacturer, importer and other market actors are set out in Article 3 of Regulation (EU) 2023/1542 (Battery Regulation), alongside the subject matter and scope of the regulation in Article 1. The obligations linked to each role — from technical documentation to market surveillance and traceability — are detailed in Articles 38 to 44 of that same regulation. These articles together determine not only who fulfils which role, but also what is expected of that role once the digital product passport becomes mandatory.

To determine on the basis of the above which role applies to a specific assortment, one can place the definitions in Article 3 alongside one's own purchasing and sales process: where does the product come from, and under which brand does it enter the market. For the exact wording of the definitions and obligations, the full text of Regulation (EU) 2023/1542 is the appropriate source, to be consulted via the link below.

What this is based on

The Regulation itself is on EUR-Lex. We refer for each statement; you need not believe us.

What you need to do concretely

What is expected of you

The Battery Regulation does not maintain a fixed list of companies that are "manufacturers" or "importers". Instead, it looks at what a company actually does with a battery before it reaches the European market. Article 3 of Regulation (EU) 2023/1542, article 3 (definitions) sets out what each role entails, and article 1 of Regulation (EU) 2023/1542, article 1 (subject matter and scope) determines which batteries are covered — including batteries for light electric vehicles and industrial batteries above 2 kWh. Whoever places e-bike or scooter batteries on the market thus falls under one of these definitions, even without ever having touched a production line.

Determining whether you are a manufacturer

A manufacturer is, in essence, whoever designs or manufactures a battery and sells it under their own name or brand — or has it produced and subsequently places it on the market under their own name. For a company with 10 to 100 employees, this concretely means: if the battery in an e-bike or scooter was made by a factory in Asia, but the company's own business logo appears on the nameplate or in the manual, then that company is the manufacturer under the law — not the factory. This is precisely the situation worked out on I sell batteries under my own brand — what obligations do I incur?. The obligations associated with this are the heaviest of all roles: compiling the battery passport, drawing up the declaration of conformity and affixing the CE marking are part of this role, as described in more detail on which declaration of conformity and CE marking apply to a battery?.

Determining whether you are an importer

An importer is whoever places a battery from outside the EU on the European market for the first time, without their own brand on it. For the importer of e-bikes or scooters sold under the brand of a foreign manufacturer, this is often the applicable role. The practical scope of this role: verifying that the manufacturer has met their obligations, keeping the correct documentation, and ensuring that the battery passport is present before the battery is sold. What this means in practice when that manufacturer is not located in the EU is worked out on my manufacturer is outside the European Union — who arranges the battery passport then?.

Determining whether neither applies

There are companies that trade in batteries without being manufacturers or importers — for example a wholesaler that resells batteries already imported and passported within the EU. Articles 38 to 44 of Regulation (EU) 2023/1542, articles 38 to 44 (obligations of market actors) describe this and other roles — including distributor and authorised representative — each with their own set of obligations. The term that the legislation uses collectively for all these roles is explained on what does the term 'economic operator' mean in battery legislation. What obligations apply to the role of distributor are set out on what obligations does a battery distributor have?.

Where things go wrong in practice

An importer of e-bikes places an order with a Chinese manufacturer, but has their own company logo placed on the battery nameplate "for recognition purposes". From that moment on, this company is a manufacturer under the law, with all the associated obligations — even if nothing else about the product has changed.

A scooter retailer purchases from various suppliers and assumes that "the supplier will handle the passport". Upon enquiry, it turns out that no one in the chain feels responsible, because each party thought that another party in the chain was fulfilling the role of importer or manufacturer.

A company sells via a webshop and thinks that the platform on which it sells (a marketplace) takes over responsibility for the passport. That is a different question from who is the manufacturer or importer; what specifically changes when selling via a marketplace is set out on what does the Battery Regulation mean if I sell via an online marketplace?.

A machinery manufacturer assembles an industrial battery from an external supplier into its own machines and sells that machine under its own name. It is assumed that only the battery supplier has responsibilities, whereas incorporating a battery into one's own end product often entails a distinct role of its own.

A company confuses the question "who is the manufacturer or importer" with the question "who must technically provide or host the product passport". These are two different things: the role under the regulation determines who is responsible, not who actually enters the data. Who is practically responsible for the product passport itself is detailed on who is responsible for the battery passport?.

What you can record

An overview per product line of who actually produces the battery, who puts the brand on it, and who places the battery on the EU market for the first time — this overview makes it clear at a glance which role applies per product.
Purchase contracts and agreements with manufacturers or suppliers, in which it is laid down who supplies which documentation (technical files, declarations of conformity, test reports).
Correspondence in which it has been agreed with the manufacturer or supplier who compiles and provides the battery passport.
A registration as a producer, insofar as applicable to one's own role — see must I register as a battery manufacturer, and where? for what that registration entails.
Documentation on extended producer responsibility, insofar as that role applies to one's own business — explained on what does extended producer responsibility for batteries entail?.
An internal note in which it is documented on the basis of which facts (who designs, who brands, who imports) one's own role has been determined — useful in the event of a later inspection or change of personnel.
Agreements with a designated representative, if that role is necessary — when that is the case, is set out on when must I appoint a designated representative for batteries?.

This is not legal advice. This page provides general information about the legislation that this platform covers. We do not know your situation. If in doubt about your own case, consult a lawyer or the competent supervisory authority.

Written with AI based on the sources above, checked by a human on 2026-08-22. Is something wrong? Let us know — corrections take priority.