Battery Regulation
Navigation log
Table of Contents
Chapter I – General provisions
Chapter II – Sustainability and safety requirements
Chapter III – Labelling, marking and information requirements
Chapter IV – Conformity of batteries
Chapter V – Notification of conformity assessment bodies
Chapter VI – Obligations of economic operators other than the obligations in Chapters VII and VIII
Chapter VII – Obligations of economic operators as regards battery due diligence policies
Chapter VIII – Management of waste batteries
Chapter IX – Digital battery passport
Chapter X – Union market surveillance and Union safeguard procedures
Chapter XI – Green public procurement and procedure for amending restrictions on substances
Chapter XII – Delegated powers and committee procedure
Chapter XIII – Amendments
Chapter XIV – Final provisions
Recitals (143)
Annexes
Chapter V – Notification of conformity assessment bodies
Article 33
Operational obligations of notified bodies
1. A notified body shall carry out conformity assessments in accordance with the conformity assessment procedures set out in Article 48(2), Article 51 or Annex VIII, as determined by the scope of the notification made in accordance with Article 29.
2. A notified body shall carry out conformity assessments in a proportionate manner, avoiding the creation of an unnecessary burden for economic operators, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process. The notified body shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the battery and of economic operators with this Regulation.
3. Where a notified body finds that the applicable requirements laid down in Articles 6 to 10 and Articles 12, 13, 14, 49 and 50, in corresponding harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met, it shall require the manufacturer or other relevant economic operator to take appropriate corrective action in anticipation of a second and final conformity assessment, unless the deficiencies cannot be remedied. Where the deficiencies cannot be remedied, the notified body shall not issue the certificate of conformity or approval decision.
4. Where, in the course of the monitoring of conformity following the issue of an approval decision, a notified body finds that there is no longer compliance, it shall require the manufacturer or the economic operator referred to in Article 48(1) as applicable, to take appropriate corrective action and shall suspend or withdraw the approval decision, if necessary.
5. Where corrective action as referred to in paragraph 4 is not taken or does not have the required effect, the notified body shall restrict, suspend or withdraw the approval decision, as appropriate.