When do I need to notify authorities about battery safety issues?
Battery safety notification requirements under the General Product Safety Regulation (EU) 2023/988 (GPSR) and the Market Surveillance Regulation (EU) 2019/1020 (MSR) are triggered when specific safety risks are identified. Manufacturers and their authorised representatives must notify authorities immediately when serious risks are discovered, following strict timeframes and documentation requirements to ensure consumer protection and regulatory compliance.
What triggers the requirement to notify authorities about battery safety issues?
You must notify authorities when you consider or have reason to believe your battery product presents a serious risk to health and safety. Under the GPSR and the MSR, notification becomes mandatory when safety issues could result in death, serious injury, or significant adverse health effects.
The regulatory landscape includes multiple layers of oversight. Organizations like BEUC (the European Consumer Organisation) supplement government enforcement by investigating complaints, testing products, and pushing for recalls when manufacturers fail to meet safety obligations. This multi-tiered approach ensures comprehensive monitoring of product safety across the European market.
Manufacturers who fail to meet safety standards face real consequences. The EU’s Safety Gate system publicly documents violations, creating a searchable record of companies whose products have been flagged as dangerous and removed from the market. This transparency mechanism serves as both a deterrent and a valuable resource for consumers and business partners evaluating supplier reliability.
The regulatory threshold for battery safety notification includes several specific circumstances:
- Product safety incidents: Overheating, fire, explosion, or toxic substance release
- Consumer complaint patterns: Recurring reports of battery malfunctions
- Internal quality control findings: Safety defects identified during testing
- Post-market surveillance results: Non-compliance with safety standards discovered
- Corrective measures: When recalls or market withdrawals become necessary
- Accident reports: Battery products causing injury or property damage
The responsible person must notify the manufacturer of risks in accordance with Article 4 of the MSR, while authorised representatives handle notifications to the authorities for serious risks.
How quickly do you need to notify authorities when battery safety problems arise?
Notification of the authorities must occur immediately when serious battery safety risks are identified. The GPSR requires notification without undue delay through the Safety Business Gateway, which enables simultaneous notification across all relevant Member States where your products are available.
| Scenario | Timeframe | Action Required |
|---|---|---|
| Serious safety risks identified | Immediately | Notify through Safety Business Gateway |
| Authority orders for corrective measures | Maximum 2 working days | Process orders and inform issuing authority |
| Manufacturer established in EU | Without undue delay | Inform manufacturer who may instruct notification |
| Manufacturer not established in EU | Immediately | Inform responsible person to notify authorities |
Delayed notifications can result in enforcement action, increased liability exposure, and potential market access restrictions for non-compliant products.
What information must you include when notifying authorities about battery safety issues?
Battery safety notifications must include a clear description of the health and safety risk, the corrective measures already taken, and, if available, the quantity of products by Member State still circulating on the market. This information enables authorities to assess risk levels and coordinate appropriate responses.
Required Information Categories:
| Category | Required Details |
|---|---|
| Product Identification | Product type, identification numbers, batch/serial numbers, brand information |
| Incident Description | Accident circumstances, victim age (when relevant), product usage context |
| Risk Assessment | Factual hazard descriptions and potential consequences (avoid minimising language) |
| Corrective Actions | Product recalls, market withdrawal, consumer warnings, other safety measures |
| Consumer Support | Contact information for inquiries and available remedies |
Important: Risk assessment data should avoid minimising language such as “voluntary”, “precautionary”, or “no reported accidents”. Instead, provide factual descriptions of hazards and their potential consequences to ensure comprehensive authority review.
Understanding battery safety notification requirements helps ensure regulatory compliance and consumer protection. These obligations form part of broader product safety responsibilities that require ongoing attention throughout your product’s lifecycle. At EARP, we support manufacturers and economic operators in meeting their GPSR and MSR obligations, including authority notification requirements and cooperation with market surveillance authorities.
If you are looking for support or to learn more, contact our team of experts today.
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