Concept of independent professionals

COMMISSION NOTICE Commission guidelines to facilitate the harmonised application of provisions on the removability and replaceability of portable batteries and LMT batteries in Regulation (EU) 2023/1542 · European Union

Article 3(23) of Regulation (EU) 2023/1542 provides a definition of ‘independent operators’, but not of ‘independent professionals’ that Article 11 refers to. Some clarifications are therefore proposed to address the concept of ‘independent professionals’ in Article 11(2) and (5). These are drawn and adapted from specifications established in other EU law, namely Annex II of Regulation (EU) 2023/1670 (7). ‘Independent professionals’ are to be understood as independent operators who have the technical competence and qualification to repair the product where the battery is integrated into, and conduct their business on commercial basis and/or in commercial premises. If removability and replaceability interventions are carried out on individual cells within a battery pack of LMT batteries, the ‘independent professional’ is to be understood to have the technical competence to render the battery operating as intended again. If removability and replaceability actions are carried out on products subject to battery type-approval under Regulation (EU) No 168/2013 and Regulation (EU) 2018/858, independent professionals are to be understood as ‘independent operators’ as defined in Regulation (EU) No 168/2013 (8) and Regulation (EU) 2018/858 (9). Compliance with the above points could be demonstrated by a reference to an official registration system as professional repairer (when such system exists in the Member States concerned), or by registration with, or training/certification by, the manufacturer of the product where the battery is integrated in (when required by national legislation). In all cases, battery removal and replacement (both at pack or cell level) should be performed according to the safety information on the use, removal and replacement of batteries provided by the product manufacturer.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.