Position Paper – Guidance on the identification of the Producer in several representative scenarios

At EUROBAT we, along with the European Portable Battery Association (EPBA) and Recharge, have a launched a Position Paper. With this document, the European battery industry provides guidance on the identification of the ‘Producer’ under the EU Battery Regulation 2023/1542 in several representative scenarios.
Proper assignment of this status to the right entity is key as it drives the allocation of battery end of life responsibilities and related costs under the EPR1 mechanism.

According to the definition given in Article 3.47 of the Regulation:
‘Producer’ means any Manufacturer, Importer or Distributor or other natural or legal person that, irrespective of the selling technique used, including by means of distance contracts, either:

(a) is established in a Member State and manufactures batteries under its own name or trademark, or has batteries designed or manufactured and supplies them for the first time under its own name or trademark, including those incorporated in appliances, light means of transport or other vehicles, within the territory of that Member State;
(b) is established in a Member State and resells within the territory of that Member State, under its own name or trademark, batteries, including those incorporated in appliances, light means of transport or other vehicles, manufactured by others, on which the name or trademark of those other Manufacturers does not appear;
(c) is established in a Member State and supplies for the first time in that Member State on a professional basis, batteries, including those incorporated in appliances, light means of transport or other vehicles, from another Member State or from a third country; or
(d) sells batteries, including those incorporated in appliances, light means of transport or other vehicles, by means of distance contracts directly to end-users, whether or not they are private households, in a Member State, and is established in another Member State or in a third country.