EU2019-1148

New EU Regulation 2019/1148 Changes the Way Acid Packs/Motorcycle Batteries Can Be Sold in the EU

1. All details of the new regulations:

From February 1st 2021, all motorcycle batteries must be filled by the dealer before they can be sold in the EU to members of the public who do not have a valid official permit. As a result of new changes to state legislation, it is illegal for members of the public from February 1st, 2021 to purchase a separate acid pack without being in possession of an official permission. This will have far-reaching consequences for resellers and consumers of motorcycle batteries. 

2. What is the new legislation about?

In the future, sulphuric acid will be classified as a regulated substance. As of February 1st 2021, members of the public who wish to acquire, possess or use sulphuric acid with a concentration of more than 15% will need an official licence to do so. Accordingly, the purchase or possession of a separate acid pack without an official licence will be considered a criminal offence, since the acid pack contains sulphuric acid with a concentration of more than 15%. 

3. Why has the law come into force?

Responding to recent incidents and following industry-wide consultations, the government has adopted measures to further control the sale of sulphuric acid, which has now been classified as an explosive precursor. Explosive precursors are chemicals that can be used for the illicit manufacture of explosives.

4. What Products are affected?

The new regulations affect all products where the acid is supplied in a separate acid pack in addition to the battery for self-activation by the customer. Separate acid packs are also affected. However, no official licence is required for batteries with the acid already inside. These are exempt from the regulation as a filled battery is classified as a 'specific object’. 

    a) Products defined in Article 3 (3) of Regulation (EC) No 1907/2006;

5. How does this affect distributors and dealers?

All distributors, dealers and retailers are responsible for ensuring compliance with these new regulations. 

6. Business to business transactions 

Distributors and dealers will not need any official licence if they acquire, import, possess or use sulphuric acid for purposes related to their business. However, all companies have an obligation to report suspicious transactions (both business to business and to members of the public) as well as the disappearance and theft of sulphuric acid. This also applies to sulphuric acid contained in batteries. A transaction is suspicious if there are reasonable grounds for suspecting that the substance in question is intended for the illicit manufacture of explosives or for any other illicit purpose.

7. Business to consumer transactions

From February 1st 2021, it will be an offence under this regulation to sell an acid pack, either separately or with the sale of a battery, to members of the public, without verifying that the person concerned is in possession of a valid official permission. 

7.1 Members of the public without a valid official licence

ratioparts believes it is unlikely that consumers will apply for an official licence just to purchase an acid pack. As a result, retailers will need to fill any motorcycle batteries before selling them to members of the public who do not have a valid official permission. After filling, the battery should be charged as advised on the battery to ensure maximum service life and avoid premature failure.

7.2 Members of the public with a valid official licence

Members of the public with a valid official licence have permission to purchase, possess or possess acid packs. The retailer must verify the licence and the identification documents specified by the licence.

In particular, the retailer must: 

>> Ask the customer to present the licence and the associated photographic ID

>> Compare the photograph on the photographic ID with the customer 

>> Verify the photographic ID number against the number on the first page of the licence

>> Check that the product being purchased is approved as part of the licence (i. e. substance, concentration, quantity) 

>> Enter the details of the transaction in the table on the back of the licence 

If the battery is sold unfilled with an acid pack, the retailer is responsible for verifying the existence of a valid official licence and for reporting any suspicious activities.

7.3 Online sales

For online transactions, the retailer must comply with all the requirements of the new regulations. 

7.3.1 Online sales to members of the public with a valid official licence

For all online transaction, the online seller must see a digital scan of a valid official licence before completing the transaction.  The battery with an acid pack must then be delivered by a specialist courier who can carry out the entire procedure for checking the official licence at the doorstep before handing over the product to the customer.

7.3.2 Online sales to members of the public without a valid official licence