Who Is the “Economic Operator” and Who Must Provide the Battery Passport?
The term “Economic Operator” appears in several EU regulations, including the new EU Battery Regulation. It refers to the person or company that places a battery on the EU market for the first time, in other words, the actor who “places it on the market.” This point is crucial, because this actor bears the full responsibility for the battery passport.
Article 77(4) of the Battery Regulation states clearly:
"The economic operator placing the battery on the market shall ensure that the information in the battery passport is accurate, complete and up to date. It may give written authorisation to any other operator to act on its behalf."
What Does “Placing on the Market” Mean?
According to Article 3 of Regulation (EU) 2023/988 on general product safety:
"placing on the market means the first making available of a product on the Union market;"
"making available on the market means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;"
Important: The regulation makes no distinction between B2B and B2C transactions. As soon as a product is offered or sold within the EU for the first time, it is considered placed on the market.
Example 1: The Importer and Pack Assembler
A company imports 18650 round cells from China, Japan, or Korea. These individual cells are not yet subject to the battery passport requirement, since they are neither EV nor LV batteries, and they do not constitute industrial batteries over 2 kWh.
However, once the importer assembles these cells into a battery pack, for example, for an e-bike or electric scooter, the situation changes. The finished pack now falls under the LV battery category, and the assembler automatically becomes the economic operator. Even if the pack is later sold to another manufacturer, such as an e-scooter producer, the assembler remains responsible for providing the battery passport, because they placed the product on the EU market for the first time.
Article 40 of the Battery Regulation allows this actor to appoint an authorized representative through a written mandate to fulfill this obligation on their behalf, for example, the buyer of the packs (the vehicle manufacturer) or a specialized service provider.
Example 2: Large LFP Batteries for Recreational or Marine Use
Another common case involves large LFP batteries (e.g. 12 V or 48 V systems) used in campers, boats, or off-grid setups. Many of these batteries have more than 2 kWh capacity and weigh well over 5 kg.
But under which category do they fall?
Article 3 of the Battery Regulation defines:
"portable battery means a battery that is sealed, weighs 5 kg or less, is not designed specifically for industrial use and is neither an electric vehicle battery, an LMT battery, nor an SLI battery;"
"starting, lighting and ignition battery or ‘SLI battery’ means a battery that is specifically designed to supply electric power for starting, lighting, or ignition and that can also be used for auxiliary or backup purposes in vehicles, other means of transport or machinery;"
At first glance, large LFP batteries could seem like starter batteries, since they are often used as auxiliary or backup systems. However, the primary purpose is decisive: a starter battery must be technically and functionally designed for engine starting, which these LFP systems are not. The additional use as an auxiliary or backup battery is not decisive. Therefore, these batteries do not fall under the category of starter batteries but are classified as industrial batteries, even if they are not intended for traditional industrial applications.
Article 3(13) defines:
"industrial battery means a battery that is specifically designed for industrial uses, intended for industrial uses after having been subject to preparation for repurposing or repurposing, or any other battery that weighs more than 5 kg and that is neither an electric vehicle battery, an LMT battery, nor an SLI battery;"
Accordingly, the importer who first places such batteries on the EU market, whether for B2C or B2B, is responsible for providing the battery passport. Manufacturers based outside the EU (for example in China) are not obliged to provide a passport themselves, although in future this will likely become a competitive advantage for exporters who already supply compliant documentation.
Example 3: Reused or Repurposed Batteries
Once a battery is reused, repurposed, or remanufactured and placed on the market again, a new battery passport must be created, which is linked to the original. In this case, the repurposer or refurbisher becomes the new economic operator, responsible for maintaining accurate and up-to-date information throughout the second life of the product.
Article 77 of the Battery Regulation specifies:
"For a battery that has been subject to preparation for re-use, preparation for repurposing, repurposing or remanufacturing, the responsibility for the fulfilment of the obligations under paragraph 4 of this Article shall be transferred to the economic operator that has placed that battery on the market or has put it into service. Such battery shall have a new battery passport linked to the battery passport or passports of the original battery or batteries."
Conclusion: Who Bears Responsibility?
The economic operator is always the actor who first places a battery on the EU market, regardless of whether the customer is a business or an end consumer.
This includes:
the manufacturer or pack assembler,
the importer of batteries produced outside the EU, and
the refurbisher or repurposer placing a used battery back on the market.
Individual cells can still be traded without a battery passport, as long as they are not yet assembled into a battery pack that meets the regulated categories. But as soon as cells become part of an EV, LV, or industrial battery system, a battery passport must be provided for each individual pack.
In practice, anyone who assembles, imports, or reuses batteries should clarify early on:
What role do we play under the regulation?
Are we considered the economic operator?
And will we create the battery passport ourselves or delegate the task to a certified service provider?