1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
//! [`ResponsibilityBasis`] — which law makes an operator answerable for a product.
use ;
/// The legal basis under which an economic operator is the one responsible for
/// a product.
///
/// # Why this is recorded rather than derived
///
/// **ESPR Annex III, point (k)** does not name one law. Confirmed against the
/// verbatim OJ text, it asks for the operator "responsible for carrying out the
/// tasks set out in Article 4 of Regulation (EU) 2019/1020 **or** Article 15 of
/// Regulation (EU) 2023/988, **or similar tasks pursuant to other Union law
/// applicable to the product**" — a disjunction over three bases, and which one
/// applies is a fact about the product.
///
/// It is not derivable in general. **Art. 4(5) of Regulation (EU) 2019/1020**
/// limits that article to a closed list of instruments — verbatim from the
/// consolidated text (`02019R1020 — EN — 12.08.2026 — 003.001`): Regulations
/// (EU) No 305/2011, (EU) 2016/425, (EU) 2016/426, **(EU) 2023/1542** and
/// **(EU) 2024/1252**, and Directives 2000/14/EC, 2006/42/EC, 2009/48/EC,
/// 2009/125/EC, 2011/65/EU, 2013/29/EU, 2013/53/EU, 2014/29/EU, 2014/30/EU,
/// 2014/31/EU, 2014/32/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU.
///
/// The two emphasised Regulations put themselves on that list: batteries by
/// Reg. (EU) 2023/1542 (amendment marker `M1`, **28 July 2023**) and the
/// Critical Raw Materials Act by Reg. (EU) 2024/1252 (marker `M2`, 3 May 2024).
///
/// An earlier version of this note omitted both and concluded that "construction
/// (305/2011) and toys (2009/48/EC) fall inside it; the rest do not". It was
/// read off the **original** 2019/1020 rather than the consolidation, and it is
/// false: of the product groups this crate models, construction, toys **and
/// battery** fall inside, battery since 28 July 2023.
///
/// So the Art. 4 limb reaches more passports than that note implied. It is still
/// not derivable in general, which is the reason the basis is stated rather than
/// inferred — the correction narrows how wrong an inference would be, it does
/// not make inference safe.
///
/// Stating the basis is cheap and checkable. Inferring it from the product group
/// works for two groups and is a guess for every other.