Article 42 — Obligations of distributors

1. When making a battery available on the market, distributors shall act with due care in relation to the requirements of this Regulation. 2. Before making a battery available on the market, distributors shall verify that: (a) the producer is registered in the register of producers referred to in Article 55; (b) the battery bears the CE marking referred to in Article 19 and is marked and labelled in accordance with Article 13; (c) the battery is accompanied by the documents required pursuant to Articles 6 to 10 and Articles 12, 13 and 14 and by instructions and safety information in a language or languages which can be easily understood by end-users, as determined by the Member State in which the battery is to be made available on the market or put into service; and (d) the manufacturer and the importer have complied with the requirements laid down in Article 38(6) and (7) and Article 41(3) respectively. 3. Where a distributor considers or has reason to believe that a battery is not in conformity with Articles 6 to 10 or Article 12, 13 or 14, the distributor shall not make the battery available on the market until it has been brought into conformity. Furthermore, where the battery presents a risk, the distributor shall inform the manufacturer or the importer as well as the market surveillance authorities. 4. Distributors shall ensure that, while a battery is under their responsibility, storage or transport conditions do not jeopardise its compliance with Articles 6 to 10 and Articles 12, 13 and 14. 5. Distributors who consider or have reason to believe that a battery which they have made available on the market is not in conformity with Articles 6 to 10 or Article 12, 13 or 14 shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, is taken. Furthermore, where the battery presents a risk, distributors shall immediately inform the market surveillance authorities of the Member States in which they made the battery available on the market, giving details, in particular, of the non-compliance and of any corrective action taken. 6. Distributors shall, further to a reasoned request from a national authority, provide it with all the information and the documentation necessary to demonstrate the conformity of a battery with Articles 6 to 10 and Articles 12, 13 and 14 in a language or languages which can be easily understood by that national authority. That information and the documentation shall be provided in electronic format and, on request, in paper format. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26