Ask Our Experts: Top Frequently Asked Questions on Batteries

This blog was originally posted on 12th June, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

At Compliance & Risks, we help the world’s leading brands to monitor and manage global regulations and standards via C2P, our comprehensive SaaS platform. We enable you to monitor, assess and prove your products’ compliance, protecting your brands and helping drive growth.

In our new ‘Ask our Experts’ series, we bring you some of the pressing questions asked by your peers on a hot compliance topic. This month, we break down some of the top frequently asked questions on Batteries.

For more on this topic, check out our whitepaper ‘A New Era for Batteries Within the EU: Batteries and Waste Batteries Regulation 2023/1542‘.

Batteries and Waste Batteries, Regulation (EU) 2023/1542 – Declaration of Conformity

Question 1:

Can you please clarify the date for drawing up a Declaration of Conformity and for applying the CE Marking to batteries?

The 2026 deadline can be found in Article 13, which states:

“Labeling and marking of batteries – From 18 August 2026 or 18 months after the date of entry into force of the implementing act referred to in paragraph 10, whichever is the latest, batteries shall bear a label containing the general information on batteries set out in Part A of Annex VI.”

The general information in Annex VI does not refer to CE marking.

Meanwhile, Article 38, Point 3, requires manufacturers to affix the CE mark to covered batteries, and Article 96 states that Article 38 applies from 18 August 2024.

Question 2:

Regulation (EU) 2023/1542 requires that manufacturers must affix the CE marking in accordance with Articles 19 and 20 to the battery jacket. Is this applicable to lithium ion rechargeable batteries as well or are they exempt?

According to Article 1(3), the Regulation applies to all categories of batteries placed on the market or put into service within the EU, regardless of whether they were produced in the Union or imported and regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose.

Therefore, it is applicable to lithium-ion rechargeable batteries as well.

Question 3:

The compliance deadline for manufacturers to draw up an EU Declaration of Conformity in accordance with Article 18 and affix the CE marking in accordance with Articles 19 and 20 is August 18, 2024. What would happen if a company were to ship their products with batteries that do not have the CE marking after the August 2024 deadline into Europe? Are there fines or would the products be held at customs?

According to Article 20(5) of the EU Regulation 2023/1542 on Batteries and Waste Batteries: “Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.”

In instances where a product, subject to the CE marking mandate, is found devoid of said marking or bears it unlawfully, the respective government of the member state is empowered to institute regulatory measures. These actions may encompass market withdrawal and the imposition of penalties. Accountability rests with manufacturers, importers, and/or authorized representatives in cases of illicit CE marking or non-conformance with EU harmonized standards.

Across EU member states, regulatory oversight is allocated to one or more supervisory authorities or inspection services, tasked with specific directives or product classifications. Typically governmental in nature, these bodies undertake inspections not only to ensure CE marking compliance but also to address broader legal requirements.

For comprehensive information on national market authorities within EU member states, organized by product category, the European Commission’s website offers a detailed resource.

Question 4:

The Regulation requires that manufacturers must affix the CE marking in accordance with Articles 19 and 20 to the battery jacket. However, coin-shaped and pin-shaped batteries are small and do not have space for the CE marking and do not have a jacket. Please confirm that affixing the CE marking on the packaging or user manual meets the regulation requirements?

In accordance with Article 20 of Regulation (EU) 2023/1542, the CE marking shall be affixed “visibly, legibly and indelibly to the battery. Where that is not possible or not warranted due to the nature of the battery, it shall be affixed to the packaging and to the documents accompanying the battery“.

Your Questions Answered

The above questions were submitted and answered via the “Ask Our Experts” (AOE) button in C2P. 

Our customers use AOE to ask about the latest proposed, enacted and amended regulations and mandatory standards applicable to their products and geographies of interest. 

When AOE questions can be answered in 30 minutes or less, Compliance & Risks’ subject matter experts answer them at no charge!

To learn more about C2P and how Compliance & Risks’ SMEs can help you with your questions, start a conversation today.

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