Amazon will enforce strict CE marking requirements for battery-related products sold on its platform. This change is in line with the new EU Batteries Regulation and will take effect on August 18, 2024. The EU Batteries Regulation is set to replace the EU Batteries Directive and introduces important requirements for product safety, circular economy, and Extended Producer Responsibility (EPR). With only a month left before the deadline, sellers who fail to comply will risk their products being removed from the platform.
For Amazon sellers dealing with batteries or products containing batteries in the European Union, it's crucial to stay informed about these regulations. Let's break down the key points you need to know.
Scope and Timeline
The regulation covers standalone batteries and batteries contained within products. If you sell batteries or products containing batteries, pay close attention to these deadlines.
Key dates to remember:
- February 18, 2024: Responsible person requirements become applicable, products must have an EU representative and be labeled in an official EU language.
- August 18, 2024: CE marking requirements become applicable, sellers need to complete the conformity assessment, obtain a Declaration of Conformity (DOC), and affix the CE marking.
- August 18, 2025: EPR compliance checks by Amazon
Types of Batteries Affected
The regulation applies to various battery types, including
- Portable battery
- SLI battery
- LMT battery
- Electric vehicle battery
- Industrial batteries
- Battery cells and battery modules
Batteries Out of Scope
- Battery for military equipment
- Battery for spatial equipment
- Battery for nuclear equipment
Make sure you understand which category your products fall into.
CE Marking Requirement
The CE marking requirements will become applicable on August 18, 2024. By August 18, 2024, sellers must complete the following:
a) Conformity assessment for each battery
b) Obtain a Declaration of Conformity (DoC)
c) Affix a CE mark to the battery (in addition to any CE mark on the containing product)
Be aware of substance restrictions outlined in Annex I of the regulation. Ensure your batteries comply with these restrictions to avoid potential issues.
Responsible Person Requirement
A responsible person is a person or company established in the European Union acting as the point of contact for product compliance.
From February 18, 2024, you must label your batteries with the contact information of a responsible person established in the EU. This applies to both standalone batteries and those contained within products. If the battery is contained within a CE-marked product, you must have a Responsible Person for the battery and a Responsible Person for the product. This can be the same Responsible Person, but you must label the battery and the product separately.
The Relationship Between CE Certification & Responsible Person
Importance of EU Responsible Person (EU Authorised Representaive)
- Mandatory: Products needing CE certification must have a Responsible Person. Without one, it is illegal to sell CE-marked products in the EU, risking penalties like product removal, store suspension, or fines.
- Documentation & Labeling: CE marking and Responsible Person information must be printed on the product, packaging, parcel, or accompanying documents in an official EU language. This ensures visibility, clarity, and durability of the marking.
Extended Producer Responsibility (EPR) Requirements
If you're considered a 'producer' under the EU Batteries Regulation, you must comply with EPR obligations:
Producer Registration: Register on portals established by each EU member state where you first make batteries available.
Reporting: Report to relevant authorities on battery quantities made available, collected, exported, and recycled.
Fees: Pay eco-fees to Producer Responsibility Organizations (PROs) or environmental authorities to cover waste management costs.
Who is Considered a Producer?
You're likely a producer if you:
- Are established in an EU member state and resell batteries under your own name or trademark
- Supply batteries for the first time in an EU member state on a professional basis
- Sell batteries directly to end-users in EU member states via distance contracts
Removing Non-Compliant Products
If you choose not to comply with the new regulations, you can remove affected products from sale using the Manage Inventory dashboard. Don't forget to remove FBA inventory if applicable.
Preparing for Compliance
Steps to Ensure Compliance:
- Start Early: Begin compliance processes immediately to meet the August deadline.
- Understand Product Requirements: Identify which products require CE marking and EU Responsible Person.
- Consult Experts: Seek professional guidance to navigate regulatory requirements. Contact VAT Ai today.
- Update Listings: Ensure Amazon listings reflect compliance status.
Note:
- The EU Batteries Regulation does not apply to Great Britain (England, Scotland, and Wales) but does apply to Northern Ireland under the Northern Ireland Protocol.
- Products containing lithium batteries may need additional registration under battery laws.
FAQs
Q1: What happens if I can't prove compliance?
Amazon may need to deactivate your non-compliant offers or comply on your behalf, depending on the country.
Q2: Do EPR requirements apply to seller-fulfilled products?
Yes, all sellers must be EPR-compliant for batteries, regardless of fulfillment method.
Q3: How do I submit my registration number?
You'll be able to submit via Amazon's Compliance Portal when it launches in Q3-Q4 2024.
Compliance is not just about avoiding penalties; it builds trust with customers and demonstrates a commitment to product safety and quality. Start the compliance process now to secure your place in the European market.
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