My manufacturer is outside the EU — who arranges the battery passport then?

What you need to do concretely

What is expected of you

A manufacturer located outside the EU is not directly subject to the supervision of a European market surveillance authority. Therefore, the Battery Regulation stipulates that there must always be a party within the EU that can be held responsible for the obligations that would otherwise fall on the manufacturer. Which party this is depends on the role that the Dutch or European company actually performs.

The importer automatically becomes a market participant

As soon as a company places a battery, or a product with a battery, from a country outside the EU on the European market, that company is classified as an importer according to articles 38 to 44 of Regulation (EU) 2023/1542. This is not a choice — it follows from the factual act of importing and placing on the market. For a company with 10 to 100 employees, this usually means that the role of importer has existed for a long time, only perhaps not described in those terms. Whether this precisely matches your own situation is explained on Am I an importer or manufacturer according to the battery regulation?.

Check what the manufacturer has already done

The importer checks, before the battery is placed on the market, whether the manufacturer outside the EU has fulfilled its part of the obligations: the conformity assessment, the technical documentation and the CE marking. For a medium-sized company, this means in practice that there must be someone who actually checks this — not assuming that everything is fine because the supplier has been delivering for years. What exactly belongs to a declaration of conformity and CE marking is described on What conformity declaration and CE marking go with a battery?.

Have the digital battery passport created

If the manufacturer outside the EU has not provided a passport, or has provided one that does not meet the requirements, that obligation shifts to the party placing the battery on the EU market. For an importer of e-bikes, scooters or industrial batteries, this means that data collection is necessary: cell specifications, origin of materials, performance data — often information that the manufacturer has in another part of the world, and does not routinely share. Who exactly is responsible for ensuring the passport exists, also when the manufacturer itself provides nothing, is explained on Who is responsible for the battery passport?.

Appoint an authorised representative

A manufacturer outside the EU can also choose to appoint an authorised representative within the EU. Article 40 of Regulation (EU) 2023/1542 describes which obligations that representative receives: including keeping documentation and being the point of contact for supervisory authorities. This is a different route than the importer role — an authorised representative acts on behalf of the manufacturer, an importer receives its own obligations as a market participant. Both roles can exist alongside each other, and it is not always clear in advance which role a company actually performs. More on when an authorised representative is needed is on When must I appoint an authorised representative for batteries?.

Your own brand changes the responsibility

Some companies have batteries manufactured outside the EU and sell them under their own brand name. In that case, the company itself can be considered a manufacturer, instead of an importer — with a heavier set of obligations. This distinction is relevant for anyone who has e-bike batteries or scooter batteries manufactured to specification and applies their own label. The obligations that come with this are on I sell batteries under my own brand — what obligations do I get?.

Where things go wrong in practice

A few situations come up repeatedly among companies working with manufacturers outside the EU.

The assumption that the manufacturer will provide the passport. Manufacturers in Asia or other regions outside the EU are often not aware of the European requirements, or provide a passport that does not meet the European standard. The importer often only discovers this when the battery is already on its way.

Confusion between authorised representative and importer. A company thinks it is an authorized representative because it maintains contact with the manufacturer, whereas it is actually acting as an importer because it imports the battery itself and places it on the market. These two roles have different obligations, and a wrong assumption leads to an obligation that no one has taken on.

Documentation that exists only in another language or format. The technical documentation of the manufacturer outside the EU exists, but in a form that does not align with what European regulations expect — or is only explained orally during a factory visit, without written documentation.

An intermediary that calls itself a distributor, but is actually importing. In battery trading, the role of distributor is sometimes assumed, whereas the company actually imports the goods from a country outside the EU. This significantly changes the obligations; the difference between the two roles is set out on What obligations does a distributor of batteries have?.

No agreed arrangement on who compiles the product passport. In longer supply chains — manufacturer outside the EU, an intermediary, an importer, a web shop that sells from its own stock — there is sometimes no single party that feels responsible for compiling the product passport, because everyone assumes that another link in the chain will do this.

What you can record

• Written confirmation from the manufacturer outside the EU regarding the conformity assessment and the technical documentation, including date and version.
• An overview of who in the supply chain fulfils which role: manufacturer, authorized representative, importer, distributor — with name and contact details per link.
• Arrangements with the manufacturer regarding which data will be supplied for the digital product passport, and in what form.
• A copy of the mandate of the authorized representative, if that route has been chosen, together with the associated obligations pursuant to Article 40 of Regulation (EU) 2023/1542.
• A documented inspection upon receipt of the battery: is the CE marking present, is the declaration of conformity attached.
• For sales under own brand: documentation of the own role as manufacturer, including what has been specifically agreed with the production facility outside the EU.
• For sales via a web shop with own stock: a documented overview of which party in the supply chain ensures the product passport exists, see also what do I need to arrange as an online shop if I stock batteries for sale myself.