According to Article 40 of the EU Battery Regulation, a manufacturer may designate an European authorised representative (EAR). As defined in the Regulation, authorised representative means “any natural or legal person established in the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks with regard to the manufacturer’s obligations under Chapters IV and VI”, where Chapter IV refers to conformity of batteries and Chapter VI to obligations of economic operators.
Tasks of the EAR for batteries
The mandate between the manufacturer and the EAR shall include at least the following tasks:
- Keep the EU declaration of conformity, the technical documentation, the verification report and approval decision as well as the audit reports at the disposal of national authorities.
- When necessary, provide a national authority with all the information and documentation necessary to demonstrate the conformity of the battery.
- Cooperate with national authorities, at their request, on any action taken to eliminate the risks posed by batteries covered by the authorised representative’s mandate. When the battery is believed to pose a risk, the authorised representative has to inform the market surveillance authorities immediately.
In addition, authorised representatives can help with:
- Guiding through the regulatory requirements of the EU Battery Regulation.
- Review labels and Instructions for Use.
- Identify producers and related registration obligations.
- Keep up-to-date about regulatory changes.
Difference between the EAR and the EAR for EPR
The authorised representative for Extended Producer Responsibility (ERP) is different from the authorised representative. While the authorised representative fulfills the tasks related to communication with the authorities and regulatory guidance, the authorised representative for ERP is Member State specific and its obligations are related to collection, treatment, and recycling of their products at the end of their lifecycle. In addition, the authorised representative is appointed by the producer. Specifically, producers have to appoint an authorised representative for extended producer responsibility in each Member State in which they sell batteries. This applies when a producer “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” (Article 3.47). This would include, for example, sales made online or through other forms of distance selling.
We act as your authorised representative on the Union market. Contact us here or at prodlaw@obelis.net for any questions.
Useful tools:
- What is the extended producer responsibility in the EU?
- EU Battery Regulation: due diligence requirements
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- Do batteries of toys have to be removable and replaceable?
- EU Battery Regulation: what is the Carbon Footprint Declaration and when does it become mandatory?
References:
EUR-Lex (2023). Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC. Retrieved on 19/03/2026.
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