In addition to our last blog article  upon the 18th August 2024 deadline in Europe and America, we would like to point out the differentiated obligations that  Regulations (EU) 2023/1542 imposes on economic operators within the supply chain of batteries and accumulators.

The 18^th August 2024 deadline itself is determined by Article 96 of the Batteries Regulation (EU) 2023/1542. More specifically, the regulations from Article 17 with the exception of Article 17 (2)  and Chapter VI which includes Articles 38 to 46 are put into force by this date. Chapter VI includes the definition of the obligations of economic operators. The definition of the economic operators as such distinguishes between manufacturers, producers, importers, distributors, authorized representatives and fulfillment service providers (see Article 3 of the Batteries Regulations (EU)2023/1542 for the definitions).

As part of Chapter VI, Article 38 , 3. obliges the manufacturer of  batteries that are placed on the from the 18th August 2024 to draw up an EU declaration of conformity in accordance with Article 18 and affix the CE marking in accordance with Articles 19 and 20.  The definition of “placing on the market” means the first making available of a battery on the Union market (see Article 3, 1. (16)).

Articles 41 (2) b and 42 (2) b require economic operators further down in the delivery chain - namely importers and distributors - to “verify”  that batteries bear a compliant CE marking before placing them on the market (for importers according to Article 41) or making them available on the market (for distributors according to Article 42)  The definition of “making available on the market” means any supply of a battery for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge (see Article 3, 1. (17)).

These obligations apply regardless of whether the respective battery is installed in a device or sold separately. It is interesting to note that both articles refer to the marking and labelling of Article 13 also which comes into force later. The first deadline that Article 13 stipulates is in fact the 18^th August 2025 (see Article 13, 4 regarding the symbol for separate collection of batteries).

Starting on the 18^th August 2024, economic actors therefore need to understand their role and the corresponding obligations. Furthermore, means of controls and documentation have to be put in place in order to ensure that the fulfillment of the obligations can be verified by competent authorities.