1. When placing a battery on the market or putting it into service, including for the manufacturers’ own purposes, manufacturers shall ensure that the battery:
(a)
has been designed and manufactured in accordance with Articles 6 to 10 and Articles 12 and 14, and is accompanied by clear, understandable and readable instructions and safety information in a language or languages which can be easily understood by end-users, as determined by the Member State in which the battery is to be placed on the market or put into service; and
(b)
is marked and labelled in accordance with Article 13.
2. Before placing a battery on the market or putting it into service, manufacturers shall draw up the technical documentation referred to in Annex VIII and carry out the relevant conformity assessment procedure, referred to in Article 17, or have it carried out.
3. Where compliance of a battery with the applicable requirements has been demonstrated by the relevant conformity assessment procedure referred to in Article 17, manufacturers shall draw up an EU declaration of conformity in accordance with Article 18 and affix the CE marking in accordance with Articles 19 and 20.
4. Manufacturers shall keep the technical documentation referred to in Annex IX and the EU declaration of conformity at the disposal of national authorities for 10 years after the battery has been placed on the market or put into service.
5. Manufacturers shall ensure that procedures are in place for a battery that is part of a series production to remain in conformity with this Regulation. In doing so, manufacturers shall adequately take into account changes in the production process or in battery design or characteristics and changes in the harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications by reference to which the conformity of the battery is declared or by application of which its conformity is verified.
6. Manufacturers shall ensure that batteries which they place on the market bear a model identification and batch or serial number, or product number or another element allowing their identification. Where the size or nature of the battery does not allow it, the required information shall be provided on the packaging or in a document accompanying the battery.
7. Manufacturers shall indicate on the battery their name, registered trade name or registered trade mark, their postal address, indicating a single contact point, and, if available, web and email address. Where that is not possible, the required information shall be provided on the packaging or in a document accompanying the battery. The contact details shall be indicated in a language or languages which can be easily understood by end-users and market surveillance authorities, as determined by the Member State in which the battery is to be placed on the market or put into service, and shall be clear, understandable and legible.
8. Manufacturers shall provide access to the data for the parameters set out in Annex VII in the battery management system referred to in Article 14(1), in accordance with the requirements laid down in that Article.
9. Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with one or more of the applicable requirements laid down in Articles 6 to 10 and Articles 12, 13 and 14 shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the battery available on the market, giving details, in particular, of the non-compliance and of any corrective action taken.
10. Manufacturers shall, further to a reasoned request from a national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the battery with the requirements laid down in Articles 6 to 10 and Articles 12, 13 and 14, in a language or languages which can be easily understood by that national authority. That information and documentation shall be provided in electronic format and, on request, in paper format. Manufacturers shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by a battery which they have placed on the market or put into service.
11. Economic operators that carry out preparation for re-use, preparation for repurposing, repurposing or remanufacturing, and place on the market or put into service a battery that has undergone any of those operations, shall be considered to be manufacturers for the purposes of this Regulation.
Obligations of suppliers of battery cells and battery modules
Suppliers of battery cells and battery modules shall provide the information and documentation necessary to comply with the requirements of this Regulation when supplying battery cells or modules to a manufacturer. That information and documentation shall be provided free of charge.
1. A manufacturer may, by a written mandate, designate an authorised representative.
The authorised representative’s mandate shall be valid only when accepted in writing by the authorised representative.
2. The obligations laid down in Article 38(1) and Articles 48 to 52 and the obligation to draw up technical documentation shall not form part of the authorised representative’s mandate.
3. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall have the appropriate means to perform the tasks specified in the mandate. The authorised representative shall provide a copy of the mandate to the market surveillance authority, upon request, in a Union language determined by that authority. The mandate shall include at least the following tasks:
(a)
keep the EU declaration of conformity, the technical documentation, the verification report and approval decision referred to in Article 51(2) and the audit reports referred to in Article 48(2) at the disposal of national authorities for 10 years after the battery has been placed on the market or put into service;
(b)
further to a reasoned request from a national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the battery. That information and the documentation shall be provided in electronic format and, on request, in paper format;
(c)
cooperate with the national authorities, at their request, on any action taken to eliminate the risks posed by batteries covered by the authorised representative’s mandate.
4. Where the battery presents a risk, authorised representatives shall immediately inform the market surveillance authorities thereof.
1. Importers shall only place on the market a battery which is compliant with Articles 6 to 10 and Articles 12, 13 and 14.
2. Before placing a battery on the market, importers shall verify that:
(a)
the EU declaration of conformity and technical documentation referred to in Annex VIII have been drawn up and that the relevant conformity assessment procedure referred to in Article 17 has been carried out by the manufacturer;
(b)
the battery bears the CE marking referred to in Article 19, and is marked and labelled in accordance with Article 13;
(c)
the battery is accompanied by the documents required pursuant to Articles 6 to 10 and Articles 12, 13 and 14 and by instructions and safety information in a language or languages which can be easily understood by end-users, as determined by the Member State in which the battery is to be made available on the market; and
(d)
the manufacturer has complied with the requirements laid down in Article 38(6) and (7).
Where an importer considers or has reason to believe that a battery is not in conformity with Articles 6 to 10 and Articles 12, 13 and 14, the importer shall not place that battery on the market until it has been brought into conformity. Furthermore, where the battery presents a risk, the importer shall inform the manufacturer and the market surveillance authorities giving details of the non-compliance and of any corrective action taken.
3. Importers shall indicate on the battery their name, registered trade name or registered trade mark, their postal address, indicating a single contact point, and, if available, web and email address. Where that is not possible, the required information shall be provided on the packaging or in a document accompanying the battery. The contact details shall be in a language or languages which can be easily understood by end-users, as determined by the Member State in which the battery is to be made available on the market, and shall be clear, understandable and legible.
4. Importers shall ensure that, while a battery is under their responsibility, storage or transport conditions do not jeopardise its compliance with Articles 6 to 10 and Articles 12, 13 and 14.
5. When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.
6. Importers who consider or have reason to believe that a battery which they have placed on the market is not in conformity with Articles 6 to 10 and Articles 12, 13 and 14, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, importers shall immediately inform the market surveillance authority of the Member State in which they made the battery available on the market, giving details, in particular, of the non-compliance and of any corrective action taken.
7. Importers shall, for 10 years after the battery has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the national authorities and ensure that the technical documentation referred to in Annex VIII is made available to those authorities, upon request.
8. Importers shall, further to a reasoned request from a national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a battery with Articles 6 to 10 and Articles 12, 13 and 14, in a language or languages which can be easily understood by that authority. That information and the documentation shall be provided in electronic format and, on request, in paper format. Importers shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries, which they have placed on the market.
1. When making a battery available on the market, distributors shall act with due care in relation to the requirements of this Regulation.
2. Before making a battery available on the market, distributors shall verify that:
(a)
the producer is registered in the register of producers referred to in Article 55;
(b)
the battery bears the CE marking referred to in Article 19 and is marked and labelled in accordance with Article 13;
(c)
the battery is accompanied by the documents required pursuant to Articles 6 to 10 and Articles 12, 13 and 14 and by instructions and safety information in a language or languages which can be easily understood by end-users, as determined by the Member State in which the battery is to be made available on the market or put into service; and
(d)
the manufacturer and the importer have complied with the requirements laid down in Article 38(6) and (7) and Article 41(3) respectively.
3. Where a distributor considers or has reason to believe that a battery is not in conformity with Articles 6 to 10 or Article 12, 13 or 14, the distributor shall not make the battery available on the market until it has been brought into conformity. Furthermore, where the battery presents a risk, the distributor shall inform the manufacturer or the importer as well as the market surveillance authorities.
4. Distributors shall ensure that, while a battery is under their responsibility, storage or transport conditions do not jeopardise its compliance with Articles 6 to 10 and Articles 12, 13 and 14.
5. Distributors who consider or have reason to believe that a battery which they have made available on the market is not in conformity with Articles 6 to 10 or Article 12, 13 or 14 shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, is taken. Furthermore, where the battery presents a risk, distributors shall immediately inform the market surveillance authorities of the Member States in which they made the battery available on the market, giving details, in particular, of the non-compliance and of any corrective action taken.
6. Distributors shall, further to a reasoned request from a national authority, provide it with all the information and the documentation necessary to demonstrate the conformity of a battery with Articles 6 to 10 and Articles 12, 13 and 14 in a language or languages which can be easily understood by that national authority. That information and the documentation shall be provided in electronic format and, on request, in paper format. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.
Fulfilment service providers shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with Articles 6 to 10 and Articles 12, 13 and 14.
Without prejudice to the obligations of the relevant economic operators laid down in this Chapter, fulfilment service providers shall, in addition to the requirement referred to in the first paragraph, perform the tasks laid down in Article 40(3), point (c), and Article 40(4).
Case in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of a manufacturer under Article 38, where any of the following applies:
(a)
a battery is placed on the market or put into service under that importer’s or distributor’s own name or trademark;
(b)
a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the relevant requirements of this Regulation could be affected; or
(c)
the purpose of a battery already placed on the market or put into service is modified by that importer or distributor.
Obligations of economic operators placing on the market or putting into service batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing
1. Economic operators placing on the market or putting into service batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing shall ensure that the examination, performance testing, packing and shipment of those batteries, and of such batteries’ components subject to any of those operations, is carried out following adequate quality control and safety instructions.
2. Economic operators placing on the market or putting into service batteries that have been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing shall ensure that the battery complies with the requirements of this Regulation, any relevant product, environmental, human health protection and transport safety requirements in other Union law, taking into account the fact that, as a result of those operations, the battery might fall under a different battery category. For remanufacturing operations, such economic operators shall provide, upon request, market surveillance authorities with the documentation necessary to demonstrate that the battery has been subject to remanufacturing in accordance with this Regulation.
1. Economic operators shall, upon a request of a national authority, provide the following information to the market surveillance authorities:
(a)
the identity of any economic operator that has supplied them with a battery;
(b)
the identity of any economic operator to which they have supplied a battery, as well as the quantity and exact models.
2. Economic operators shall ensure that they are able to provide the information referred to in paragraph 1 for 10 years after they have been supplied with the battery and for 10 years after they have supplied the battery.
