When is a battery 'placed on the market'?
The battery regulation uses the term 'placing on the market' for the moment when a battery is first offered within the European Union, whether for payment or free of charge. It concerns the first time a battery from a factory, a warehouse outside the EU or another source actually becomes available for the EU market. After that, every subsequent delivery, sale or resale counts as 'making available on the market', a slightly different concept with its own consequences.
The distinction may seem subtle, but in practice it is the crux of the entire regulation. Obligations such as the digital battery product passport are linked to the moment of placing on the market, and not to the production date of the battery or to the moment when you as a business come into contact with it. Whoever offers that battery for the first time within the EU thus generally bears the responsibility to comply with the obligations linked to it.
Why this moment is decisive for obligations
Suppose you import batteries for light electric vehicles from a manufacturer outside the EU. At the moment you first supply those batteries within the EU, you become the party placing the battery on the market. That is a different position than a shop that subsequently sells the same battery to the consumer: that shop makes the battery available on the market, but has not placed it on the market. The regulation deliberately distinguishes these roles, because the obligations resulting from placing on the market are heavier than those resulting from making available on the market.
This directly touches on the question of who fulfils which role in the chain, a subject that in itself raises many questions. For those who have not yet clarified this, it is advisable to first establish whether your business acts as a manufacturer, importer or distributor, before delving into the obligations associated with it. In the knowledge base with explanations for each situation that distinction is worked out further.
The difference with 'making available on the market'
The difference between the two concepts lies in repetition and position in the chain. Placing on the market generally happens once per battery: the moment of first availability within the EU. Making available on the market can then happen multiple times afterwards, whenever the battery passes from one party to another, for example from wholesaler to retailer or from retailer to end user. Supervisory authorities generally look at both moments during an inspection, because responsibilities per link in the chain can differ.
For a company that assembles batteries itself in a machine or installation, for instance as part of a larger product, the moment of placing on the market is not always self-evident. Is the battery supplied separately, or is it part of the final product from the start? This question often arises with machinery manufacturers and installation companies, and the answer partly determines who bears the obligations concerning the battery product passport.
What this means for your business
Establishing the moment of placing on the market is not a formality, but the basis on which you can determine whether, when and by whom a digital battery product passport must be drawn up. For companies that import themselves, this is usually the moment when the first shipment from abroad enters the EU. For companies that only purchase and resell within the Netherlands or the EU, that moment lies elsewhere in the chain, and the obligation may not apply to them.
Because this varies by situation, it is useful to look not only at the role your company takes, but also at the concrete moment when a battery enters the EU market. If you don't have that clear yet, you can get an initial indication with a few targeted questions via the product scan that maps your situation. The frequently asked questions page also addresses similar demarcation questions that commonly come up on this topic.
Get started
Whether your company is the party that places a battery on the market is not always obvious at first glance, especially if you purchase through multiple channels or supply batteries as part of a larger product. Batpas.eu compiles dossiers based on the data you provide and explains where that information must come from; you can read how that process works on the page on how we process the data. For a first, non-binding impression of your situation, the free quick scan is a good starting point, and for those who prefer to read first, the knowledge base is open for all topics related to the battery dossier.