E-Bikes / Pedelecs

Consulting Focus: E-Bike/E-Mobility

For more than 20 years, our law firm has been advising clients from the two-wheel industry, bicycle parts industry, as well as bicycle retailers.

During this time, the bicycle industry and the entire bicycle market have changed dramatically. The development of electric auxiliary drives has led and continues to lead to numerous complex challenges for this industry sector and trade. Bicycles with assistance up to a maximum of 25 km/h, known as pedelecs or “normal” e-bikes, are considered “machines” and are subject to, among other things, the Machinery Directive (2006/42/EC). They are therefore subject to CE marking requirements.

If the rider is assisted up to a maximum speed of 45 km/h, these are called fast pedelecs or fast e-bikes, which require registration and are considered a type of motor vehicle (moped), subject to further obligations (helmet requirement, insurance obligation, special equipment features such as rearview mirrors, etc.). These bicycles are then classified into the EU category L1e-B for two-wheeled vehicles, L2e for three-wheeled, and L6e for four-wheeled vehicles.

Even when placing pedelecs on the market, disposal must be considered. Thus, every manufacturer or “first-time distributor”, which could also be an importer, for example, must register with the EAR Foundation and fulfill reporting obligations according to the so-called Electrical and Electronic Equipment Act.

If, in addition, the battery, i.e., the bicycle battery, is placed on the market for the first time, for example, due to direct import from abroad, registration obligations under the Battery Act must also be fulfilled with the Federal Environment Agency (UBA) for the Battery Register.

If a manufacturer or importer violates these obligations under the Electrical and Electronic Equipment Act or Battery Act, substantial fines may be imposed. If the manufacturer violates the obligations under the Machinery Directive, in addition to substantial fines, sales bans may also be imposed; the basis for this is then the Product Safety Act.

We advise and support you

  • in assessing whether a product is subject to CE marking requirements
  • in fulfilling CE marking obligations
  • in determining whether there is an obligation to register with the EAR Foundation – and if necessary, in fulfilling these obligations
  • in assessing whether you are subject to reporting obligations to the Battery Register under the Battery Act.

Upon request, we can carry out the registrations for the registers on your behalf and organize service providers who take over the regular reports, particularly to the EAR Foundation; we are also happy to take care of obtaining a so-called “insolvency-proof guarantee”.