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 X – Union market surveillance and Union safeguard procedures
Article 83
Formal non-compliance
1. Without prejudice to Article 79, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
(a) the CE marking has been affixed in violation of Article 30 of Accreditation and Market Surveillance Regulation or of Article 20 of this Regulation;
(b) the CE marking has not been affixed;
(c) the identification number of the notified body, where required under Annex VIII, has been affixed in violation of Article 20 or has not been affixed;
(d) the EU declaration of conformity has not been drawn up or has not been drawn up correctly;
(e) the technical documentation referred to in Annex VIII is either not available, or not complete;
(f) the information referred to in Article 38(7) or Article 41(3) is absent, false or incomplete;
(g) any other administrative requirement provided for in Article 38 or 41 has not been met;
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the battery being made available on the market or ensure that it is withdrawn from the market or recalled.