The definition and rule of Economic Operators in Regulation (EU) 2023/1542

1. Article 3 Definitions

Definitions

(22) ‘economic operator’ means the manufacturer, the authorized representative, the importer, the distributor or the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture, preparation for re-use, preparation for repurposing, repurposing or remanufacturing of batteries, the making available or the placing of batteries on the market, including online, or the putting of batteries into service in accordance with this Regulation;

2. Article 46 Identification of economic operators

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.

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.

1. 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.

Article 45 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 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.

Article 48 Battery due diligence policies

1. From 18 August 2025, economic operators that place batteries on the market or put them into service shall fulfil the due diligence obligations laid down in Articles 49, 50 and 52 and shall, to that end, set up and implement battery due diligence policies.
2. Economic operators referred to in paragraph 1 shall have their battery due diligence policies verified by a notified body in accordance with Article 51 (‘third-party verification’) and periodically audited by that notified body to make sure that the battery due diligence policies are maintained and applied in accordance with Articles 49, 50 and 52. The notified body shall provide the audited economic operator with an audit report.
3. Economic operators referred to in paragraph 1 shall keep documentation demonstrating their fulfilment of the obligations laid down in Articles 49, 50 and 52, including the verification report and approval decision referred to in Article 51 and the audit reports referred to in paragraph 2 of this Article, for 10 years after the last battery manufactured under the relevant battery due diligence policy has been placed on the market.
4. Without prejudice to the individual responsibility of each economic operator for their battery due diligence policy, economic operators referred to in paragraph 1 may, for the purposes of compliance with the requirements laid down in Articles 49, 50 and 52, collaborate with other actors, including through due diligence schemes recognised under this Regulation.

Article 49 Economic operator’s management system

1. Each economic operator referred to in Article 48(1) shall:

(a) adopt, and clearly communicate to suppliers and the public, a company battery due diligence policy, concerning raw materials listed in point 1 of Annex X, and associated social and environmental risk categories listed in point 2 of Annex X;

(b) incorporate in its battery due diligence policy standards that are consistent with the internationally recognized due diligence instruments listed in point 4 of Annex X;

(c) structure its internal management system to support its battery due diligence policy by assigning responsibility to its top management level to oversee its battery due diligence policy as well as maintain records of that system for a minimum of 10 years;

(d) establish and operate a system of controls and transparency regarding the supply chain, including a chain of custody or traceability system, identifying upstream actors in the supply chain;

(e) incorporate its battery due diligence policy, including risk management measures, into contracts and agreements with suppliers; and

(f) establish a grievance mechanism, including an early-warning risk-awareness system and a remediation mechanism, or provide for such mechanisms through collaborative agreements with other economic operators or organizations or by facilitating recourse to an external expert or body, such as an ombudsman; such mechanisms shall be based on the UN Guiding Principles on Business and Human Rights.

Article 50 Risk management obligations

1. The economic operator referred to in Article 48(1) shall:

(a) identify and assess the risk of adverse impacts in its supply chain, associated with the risk categories listed in point 2 of Annex X as part of its management plan;

(b) design and implement a strategy to respond to the identified risks to prevent, mitigate and otherwise address adverse impacts.

Article 52 Disclosure of information on battery due diligence policies

1. The economic operator referred to in Article 48(1) shall make available upon request to Member States’ market surveillance authorities or national authorities the verification report and approval decision issued in accordance with Article 51, the audit reports referred to in Article 48(2) and available evidence of compliance with a due diligence scheme recognised by the Commission in accordance with Article 53.
2. The economic operator referred to in Article 48(1) shall make available to its immediate downstream purchasers all relevant information gained and maintained pursuant to its battery due diligence policy, with due regard for business confidentiality.
3. The economic operator referred to in Article 48(1) shall on an annual basis review and make publicly available a report on its battery due diligence policy.

Chapter VIII Extended Producer Responsibility

Article 56 Extended Producer Responsibility

2. An economic operator that makes available on the market a battery resulting from preparation for re-use, repurposing or remanufacturing shall also be considered a producer and bear EPR obligations.
3. Where a battery undergoes remanufacturing or repurposing, original producers and secondary producers may establish cost-sharing mechanisms for waste management costs