The EU Battery Regulation also affects machine and plant manufacturers

Due to the reorientation of the regulations for batteries, the scope of application is very broad and obliges economic operators who place batteries on the market or put them into service (see Art. 1 (2) of the Battery Regulation). Compliance with sustainability and conformity requirements is a prerequisite for market access. If batteries, whether individual or contained in electrical appliances or machines, do not comply with the requirements of the Battery Regulation, they may not be placed on the market. Violations can result in sales bans and, depending on the severity of the violation, penalties ranging from EUR 10,000 to EUR 500,000.

It should be noted at this point that it is not only producers, importers and distributors of batteries themselves who are affected by the new regulation. Manufacturers and distributors of machines, systems and electrical appliances with built-in or inserted batteries are also generally addressed by the requirements of the Battery Regulation or the national implementation standards (in Germany: Battery Implementation Act, BattDG)[1]. In many cases, it is irrelevant what function the battery performs: whether as a primary energy source or as a small back-up storage device. Manufacturers of machines, electrical appliances and equipment must examine their role in the context of producer responsibility. The interpretation of the relevant definitions and the assessment of obligations involve challenges and risks. Depending on their position in the value chain, different requirements apply to companies.

The German BattDG goes one step further: even if an assessment of one's own involvement reveals that there are no manufacturer obligations, the use of batteries in systems, electrical appliances and machines requires the manufacturer of the system, appliance or machine to verify compliance with the requirements by the upstream battery supplier, e.g. for registration. If this is not the case, this producer assumes the role of manufacturer and is itself obliged to comply with the relevant regulations.

Manufacturers of systems, electrical appliances and machines should, among other things, consider and evaluate the following legal aspects:

• Conformity requirements, e.g. question of joint declaration of conformity for batteries and systems/appliances/machines
• Labelling, e.g. with CE marking, labelling of the importer
• Design requirements: Inserted/installed batteries must be removable by the end user
• Registration, take-back and reporting requirements with regard to waste batteries: this is still to be established in each EU Member State. In Germany, for example, there is an obligation to join a take-back system
• Duties of care: In principle, distributors also fall under the term ‘economic operator concerned’