A distributor is an economic operator in the supply chain, other than the manufacturer or the importer, that makes a battery available on the market. Under Regulation (EU) 2023/1542 the obligation to establish the digital passport sits with the operator that places the battery on the market — typically the manufacturer, authorised representative or importer — not with the distributor. But the distributor has its own due-care duties: it must act with due care in relation to the regulation before it makes a battery available.
Verify, do not author
A distributor must check that a battery in scope of Article 77(1) is accompanied by the required QR code and a resolvable digital passport before making it available on the market. Where the distributor considers, or has reason to believe, that a battery is not in conformity — for example the QR code is missing or the passport does not resolve — it must not make the battery available until conformity is restored. If a battery presents a risk, the distributor must inform the manufacturer or importer and the market surveillance authorities.
| Question | Distributor position under 2023/1542 |
|---|---|
| Who creates the passport? | The operator placing it on the market (manufacturer / rep / importer), not the distributor |
| What must the distributor check? | That an in-scope battery carries a QR code and a working passport |
| If the passport is missing? | Do not make the battery available until conformity is restored |
| If a risk is identified? | Inform the manufacturer / importer and the authorities |
| When does this apply? | From 18 February 2027 for EV, LMT and industrial (> 2 kWh) batteries |
There is a line a distributor should not cross unaware: if it places a battery on the market under its own name or trademark, or modifies a battery already on the market in a way that affects compliance, it is treated as a manufacturer and takes on the manufacturer obligations — including establishing the passport. Routine resale does not trigger that, but private-label and rework arrangements can.
Frequently asked
Does a distributor have to generate the battery passport?
Generally no. The passport is established by the operator that places the battery on the market — usually the manufacturer, authorised representative or importer. The distributor must verify that an in-scope battery is accompanied by a working passport and QR code before making it available, and must not pass on non-compliant batteries.
When does a distributor become responsible for the passport?
When it places a battery on the market under its own name or trademark, or modifies a battery already on the market such that compliance is affected. In those cases it is treated as a manufacturer under Regulation (EU) 2023/1542 and takes on the passport obligation.