Notes on Regulations Governing the Export of Personal e-Mobility Devices (PeMDs)
Background
PeMDs exported to the EU shall conform to the EU Machinery Directive, EMC Directive, restrictions on hazardous substances or organic contaminants, and electronic equipment recycling rules. If radio technologies are used in the device, the requirements under the RED Directive shall also be met.
PeMDs exported to the US shall provide a safety certificate (such as an NL Certificate) issued by a nationally recognized testing laboratory (NRTL), they shall also comply with the US Department of Energy (DOE) regulations on battery chargers and restrictions on hazardous substances in batteries or packaging materials specified in applicable laws and regulations. If radio technologies are used in the device, it shall also conform to the Federal Communications Commission (FCC) requirements on the safety of radio and wire communication products. Products violating the PeMD regulations will not only be banned in the US, but may also face serious legal consequences including lawsuits.
Scope
PeMDs include self-balancing scooters, electric scooters, electric skateboards, electric bikes, lightweight electric motorcycles with or without self-balancing systems and the like. Usually, they are fully or partially charged by an independent power supply and are equipped with a battery charger.
Regulations
The EU:
Requirements on manufacturers are divided into the following four parts:
1.1 Responsibilities:
Manufacturers are considered to play a critical role in ensuring product safety. They shall ensure that their products meet EU safety, health, and environmental protection requirements. It is the manufacturer’s responsibility to carry out the conformity assessment, set up the technical file, issue the EU declaration of conformity and affix the CE marking to a product. Only then can this product be traded on the EEA market.
A manufacturer shall complete the following six steps to ensure conformity:
a. Identify the directives and harmonized standards relating to the product;
b. Verify product specific requirements;
c. Identify whether an independent conformity assessment (by a notified body) is necessary (see the corresponding directive);
d. Test the product and check its conformity;
e. Draw up and store technical files (for at least 10 years, by default, from the date the product is marketed in the EU);
f. Prepare and sign the EU Declaration of Conformity and affix a CE marking on the product.
See: https://ec.europa.eu/growth/single-market/ce-marking/manufacturers_en
1.2 CE mark design requirements
A CE mark should be 5mm or higher by default and it should be scaled proportionately. Download the standard format document from the following link:
https://ec.europa.eu/growth/single-market/ce-marking_en
1.3 EU Declaration of Conformity
The Declaration shall include product information, relevant directives and harmonized standards. It shall be signed by the manufacturer's representative.
See: https://ec.europa.eu/docsroom/documents/9781/attachments/1/translations
1.4 CE mark traceability requirements
In addition to marks relating to product features or conformity, the Regulation (EC) No 765/2008 requires products to carry the accurate name, trademark and valid address of the manufacturer or importer. If a product is too small to carry such information, the information can be specified on the packaging or an accompanying document.
See Chapter 4.2 of CE Blue Guide: http://ec.europa.eu/DocsRoom/documents/18027/
PeMDs exported to the EU shall conform to the following EU regulations or directives:
The US:
PeMDs exported to the US shall provide a UL certificate issued by a NRTL and conform to the following standards:
Lithium battery system safety certificate
Federal Communications Commission (FCC)
Products with batteries or chargers shall conform to the mercury content limitations specified in DOE 10 CFR 430.32(z) - Energy Conservation Program: Energy Conservation Standard for Battery Chargers and US Law 104-142 (HR2024) (US Battery Directive).
In addition, according to US TPCH, the total concentration of lead, cadmium, mercury, hexavalent chromium or their compounds in packaging or a packaging component shall not exceed 100 ppm. If a product contains listed substances, warnings shall be provided on the product to inform consumers of such substances according to US CP 65.
Legal Ground
For more information about PeMD regulations, please refer to:
The EU
Manufacturer requirements: https://ec.europa.eu/growth/single-market/european-standards/harmonised-standards_en
PeMD regulations and directives: https://standards.cen.eu/dyn/www/f?p=204:110:0::::FSP_PROJECT,FSP_ORG_ID:40453,616722&cs=1D97B7CC838E1F0EB2E7E30288710F0AE
https://eur-lex.europa.eu/eli/dir/2011/65/oj
https://echa.europa.eu/regulations/reach/understanding-reach
http://data.europa.eu/eli/reg/2019/1021/oj
http://data.europa.eu/eli/dir/2012/19/oj
http://data.europa.eu/eli/dir/2006/66/oj
http://data.europa.eu/eli/dir/1994/62/oj
The US
CPSC: https://www.cpsc.gov/s3fs-public/CPSC-Hoverboard-Safety-Alert.pdf?NaDiKrW4fd88yJaKh1o90Q.nNHrgLMnv
OSHA: http://www.osha.gov/dts/otpca/nrtl/index.html
CFR regulations: https://www.ecfr.gov/cgi-bin/text-idx?SID=f2b3a3444728bd947c1c6413bebf99e0&mc=true&node=pt47.1.15&rgn=div5
US CP 65: https://oehha.ca.gov/proposition-65
Note: The above information does not constitute any legal advice and shall not be deemed or represent the legal opinion or conclusion of the regulatory body. Further, we do not undertake or warrant that the information represents the latest laws and regulations. For specific information, consult the competent authority, law firms, or third-party certification/testing/consulting companies in the target country or region.
AliExpress
August 31, 2020