---
title: "Our product contains a battery and we sell it as before"
description: "The Battery Regulation (EU) 2023/1542 also applies to batteries built into products. If you sell a product with a battery, check that the battery carries the CE marking, labels and collection symbol; check whether you are its producer and, if so, register in each Member State where you first make it available and inform end-users about waste; and prepare for user-removable portable batteries from 18 February 2027."
type: "problem"
url: "https://www.conphora.com/solutions/problem/battery-in-product/"
markdown: "https://www.conphora.com/solutions/problem/battery-in-product.md"
locale: "en"
language: "en"
updated: "2026-10-04"
author: "Conphora compliance team"
publisher: "Conphora"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R1542-20260813"
tags: ["BattR", "batteries-electronics"]
license: "Free to quote with attribution and a link to the page"
---

# Our product contains a battery and we sell it as before

The Battery Regulation (EU) 2023/1542 also applies to batteries built into products. If you sell a product with a battery, check that the battery carries the CE marking, labels and collection symbol; check whether you are its producer and, if so, register in each Member State where you first make it available and inform end-users about waste; and prepare for user-removable portable batteries from 18 February 2027.

## Why this happens

The Battery Regulation (EU) 2023/1542 replaced Directive 2006/66/EC and reaches further than many product companies expect. It applies to all categories of batteries, namely portable, SLI, LMT, electric vehicle and industrial batteries, regardless of shape, volume, weight, design, chemistry or purpose, and it applies to batteries that are incorporated into or added to products (Article 1(3)). A toothbrush, a power tool or a smoke alarm with a battery inside therefore brings the regulation with it. The regulation has applied since 18 February 2024, with later dates for individual provisions (Article 96(2)). [1]

The battery itself must conform. Its manufacturer, meaning the person who manufactures it or has it designed or manufactured and markets it under its own name or trademark (Article 3(33)), ensures it meets the substance, performance and safety requirements and is labelled under Article 13, draws up the technical documentation, carries out the conformity assessment, issues the EU declaration of conformity and affixes the CE marking (Article 38(1)–(3)). Importers verify all of this before placing a battery on the market (Article 41(2)), and suppliers of battery cells and modules provide manufacturers with the information and documentation needed, free of charge (Article 39). [1]

The take-back rules attach to the producer, a wider concept. A producer is any manufacturer, importer, distributor or other person who, among other cases, is established in a Member State and supplies there for the first time, on a professional basis, batteries from another Member State or a third country, including batteries incorporated in appliances, or sells them by distance contract directly to end-users in a Member State where it is not established (Article 3(47)(c) and (d)). Producers have extended producer responsibility in each Member State where they first make batteries available (Article 56(1)), must register there before making batteries available (Article 55(2)), and must inform end-users and distributors about prevention and collection of waste batteries (Article 74(1)). Chapter VIII, which holds these duties, applies from 18 August 2025 (Article 96(2)(c)). [1]

The next change concerns product design. From 18 February 2027, any person placing on the market products incorporating portable batteries must ensure that those batteries are readily removable and replaceable by the end-user at any time during the lifetime of the product, with instructions and safety information made available permanently online (Article 11(1) and Article 96(2)(a)). The Battery Regulation is listed in Annex I to Regulation (EU) 2019/1020 (point 21), so national market surveillance authorities use that regulation's powers, including product sampling and corrective measures, on batteries (Articles 14 and 16 of that regulation). [1] [2]

## How to solve it

1. **Identify the battery and its category** Find out which battery is inside each product, who made it and under whose name it is marketed. Classify it: portable (sealed, 5 kg or less, not for industrial use), LMT, SLI, electric vehicle or industrial. The category decides which duties apply, and where a battery fits more than one, the category with the strictest requirements applies for Chapter II (Articles 6 to 12).
2. **Get the battery's conformity evidence from the supplier** The battery's manufacturer draws up the technical documentation, carries out the conformity assessment, issues the EU declaration of conformity and affixes the CE marking. Ask for the declaration and check the marking and labels. Suppliers of battery cells and modules must give manufacturers the information and documentation needed, free of charge.
3. **Check whether you are the producer in each country** You are a producer under the regulation if, among other cases, you are established in a Member State and supply there for the first time, on a professional basis, batteries from another Member State or a third country, including batteries incorporated in appliances (Article 3(47)(c)), or you sell them by distance contract directly to end-users in a Member State where you are not established (Article 3(47)(d)). Producers register in each Member State before making batteries available there.
4. **Organise take-back and the information for end-users** Producers have extended producer responsibility for the batteries they make available for the first time in a Member State, alone or through a producer responsibility organisation. They also inform end-users and distributors about waste prevention, separate collection, take-back points, safe handling and the meaning of the labels.
5. **Plan the product design for 18 February 2027** From 18 February 2027, anyone placing on the market products incorporating portable batteries must ensure the batteries are readily removable and replaceable by the end-user, unless a listed derogation applies. A product redesign takes time, so start with the products you will still sell after that date.

## What you need to show

- **EU declaration of conformity for the battery** — The battery manufacturer (Battery Regulation Articles 18 and 38(3))
- **Technical documentation for the battery** — The battery manufacturer; importers make it available on request (Battery Regulation Articles 38(2), 41(7) and Annex VIII)
- **Producer registration in each Member State** — You, or your authorised representative for extended producer responsibility (Battery Regulation Article 55(2))
- **Instructions and safety information on removal and replacement** — The person placing the product on the market (from 18 February 2027) (Battery Regulation Article 11(1))

## If you do nothing

- **No sale without registration** — Producers may only make batteries, including those incorporated in appliances, available on the market of a Member State if they or their authorised representative for extended producer responsibility are registered there (Battery Regulation Article 55(2)).
- **Distributors check registration and marking before selling** — Before making a battery available, distributors verify that the producer is registered and that the battery bears the CE marking and is labelled under Article 13 (Battery Regulation Article 42(2)).
- **Formal non-compliance leads to withdrawal** — A missing CE marking, a missing or incorrect EU declaration of conformity or incomplete technical documentation must be ended on request; if it persists, the Member State restricts or prohibits the battery or ensures its withdrawal or recall (Battery Regulation Article 83).
- **Penalties under national law** — Member States lay down effective, proportionate and dissuasive penalties for infringements of the regulation (Battery Regulation Article 93).

## Questions

### Does the Battery Regulation apply if the battery is built into our product?

Yes. It applies to all categories of batteries, including batteries incorporated into or added to products, or specifically designed to be (Battery Regulation Article 1(3)).

### We did not make the battery. Do we have to CE mark it?

The battery's manufacturer is the person who manufactures it, or has it designed or manufactured, and markets it under its own name or trademark (Article 3(33)). That person draws up the declaration and affixes the CE marking (Article 38(3)). Check whose name the battery is marketed under; if it is yours, the duties are yours. An importer or distributor that places a battery on the market under its own name or trademark, or modifies it so that compliance could be affected, is considered its manufacturer (Article 44).

### When did the take-back rules start?

Chapter VIII on extended producer responsibility applies from 18 August 2025 (Battery Regulation Article 96(2)(c)). Directive 2006/66/EC is repealed from the same date, with some provisions continuing for a transition (Article 95).

### Does the removability rule apply to the products we already sell?

Article 11 applies from 18 February 2027 and concerns products incorporating portable batteries placed on the market from then. Until that date, Article 11 of the repealed Directive 2006/66/EC continues to apply (Battery Regulation Articles 95(a) and 96(2)(a)).

### We sell from outside the EU directly to consumers. Are we a producer?

Yes, if you sell batteries, including incorporated ones, by distance contract directly to end-users in a Member State where you are not established (Article 3(47)(d)). You must then appoint an authorised representative for extended producer responsibility in each Member State where you sell (Article 56(3)).

## Regulations involved

BattR

## Sources

1. [Regulation (EU) 2023/1542 concerning batteries and waste batteries (consolidated text of 13 August 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R1542-20260813) — EUR-Lex, 2026-10-04
2. [Regulation (EU) 2019/1020 on market surveillance and compliance of products (consolidated text of 12 August 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02019R1020-20260812) — EUR-Lex, 2026-10-04