Whether the Battery Regulation applies to your business does not depend on whether a machine or installation is involved, but on the battery itself: its type, capacity and the way it is integrated into the device. A small battery permanently installed in a hand tool is subject to different rules than a removable battery pack of 5 kWh in an aggregate or a wheelchair. The Regulation looks at the battery, not at the device around it.
For machinery manufacturers and installation companies, this is an important distinction. A machine you sell with a built-in industrial battery above 2 kWh often falls under the same obligations as a battery sold separately. If there is a small battery inside that serves only for internal control, the situation may be different. The precise threshold is something to determine on a case-by-case basis, not something to assume based on a rule of thumb.
Why the Regulation looks at the battery, not at the device
The Battery Regulation distinguishes between battery categories: portable batteries, batteries for light electric vehicles, industrial batteries, batteries for electric vehicles and automotive batteries. Each category has its own obligations, and those obligations apply to whoever places the battery on the market, regardless of whether the battery is sold separately or already assembled in a machine, pump, hoist or aggregate. In that sense, a machine is primarily a carrier of the battery, not the starting point for the assessment.
This means that two companies that apparently sell the same product may nevertheless be subject to different obligations. A machine with a fixed, small battery of only a few watt-hours may fall outside the heavier obligations, while a comparable machine with a removable industrial battery pack above 2 kWh is subject to the rules for industrial batteries, including the obligation to a digital product passport from the date specified by the Regulation. If you want to get this clear for your own product range, it helps to examine for each product line exactly what type of battery is in it and who originally placed that battery on the market. get a preliminary indication in a few questions can be a starting point, although the final assessment remains dependent on the exact specifications of your product.
Replaceable or fixed: why that difference matters
Whether a battery is replaceable plays a role in the Regulation in several places, including in obligations regarding design and removability. For the question of whether your business falls under the obligations, it is particularly relevant whether the battery is a standalone product that you purchase and install, or whether you yourself assemble battery cells into a pack. In the first case, the obligation may already lie with your supplier; in the second case, your company itself may be considered the manufacturer of that battery. This distinction is precisely where many machinery manufacturers stumble, because it does not always coincide with the question of who sells the final machine.
Role and responsibility do not always flow through the same company
It is quite possible that the battery itself must already comply with the obligations because a supplier has placed it on the market as a manufacturer or importer, while you as a machinery manufacturer merely install and pass on the battery. In that case, part of the responsibility shifts, but not automatically all responsibility: whoever places a product on the market under their own name or brand, or substantially modifies an existing product, may themselves be designated as a responsible party. This is one of the points addressed by the Regulation itself in terms of roles in the supply chain, and for which the explanation on a case-by-case basis in the knowledge base provides further background.
For companies that procure batteries from a fixed supplier, it is therefore worthwhile to ask during the purchasing conversation who acts as the manufacturer of the battery in the chain, and whether data is already available for a digital product passport. Those who design, assemble, or sell batteries under their own brand would do well not to delay this conversation until just before the mandatory date.
What you can check now
A first step is simply to determine what type of battery it is and what its capacity is: below or above 2 kWh for industrial applications, permanently built-in or removable, and who originally manufactured or imported the battery. This information is usually already on the nameplate or in the documentation from your supplier. If you are still uncertain whether your specific product falls under the regulation, then the official text of Regulation (EU) 2023/1542 is the starting point, and the Dutch competent authority or a lawyer can provide clarification on your specific situation.
If you would like to check at your own pace where your company stands, you can read through the most frequently asked questions about scope and roles or fill out the free quick-scan. This does not provide a legal opinion, but does provide a first, concrete starting point to prepare the conversation with your supplier or adviser.