Which Products Require an EU Notified Body?

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Which Products Require an EU Notified Body?

Certain products require the involvement of a notified body before they can be sold in the European Union. Whether that is the case depends on the applicable EU regulations and directives, and whether the product belongs to a certain category.

In this guide, we provide examples of product types that require the use of a notified body, while also explaining the basis.

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Personal Protective Equipment (PPE)

According to the Personal Protective Equipment Regulation, PPE is defined as equipment that protects users against health and safety risks.

There are three risk categories of PPE, two of which require use of a notified body. The table below lists the risk categories, along with examples of products listed in the PPE Guidelines document, for each category. It also specifies whether you need a notified body for the risk category in question.

Product category Product examples Notified body required?
Category I Non-corrective sunglasses

Diving goggles and face masks with integrated snorkel

Ski goggles

Light headgear that protects the scalp

Professional clothing to protect against the rain

Sport shoes

No
Category II Eye filters

Head protection for sports against mechanical impact

Face protection equipment (e.g. face shields)

Diving and immersion suits

Beekeeper garments

Protective clothes for waterskiing

Yes
Category III Hearing protection

Equipment to protect against falls (e.g. climbing carabiners)

Respiratory protective equipment

Equipment to protect against electric shock

Life jackets

PPE designed to protect against high-pressure jets with a pressure of over 200 bars

Yes

Electronics

The following table lists directives and regulations that apply to electronics and their product scope. It also explains the circumstances under which a notified body is needed for each directive or regulation.

Regulation Product scope Notified body required?
RoHS Directive Electrical and electronic equipment (EEE) in the categories listed in Annex I

Examples:

a. Washing machines

b. Toasters

c. Personal computers

No
Low Voltage Directive Electrical equipment with a voltage range between 50-100V (AC) and 57-1500V (DC). No
Radio Equipment Directive Radio equipment. Yes, but only if harmonised standards are not applied, or when they do not exist for your product.
EMC Directive Apparatus or fixed installations

Examples:

a. Electronic taximeters

d. Road traffic signal systems

e. Arc welding equipment

Article 14 specifies that you can choose between using either:

a. The conformity assessments in Annex III that require you to use a notified body, or

b. The conformity assessment in Annex II that does not require you to use a notified body

Ecodesign for Sustainable Products Regulation All physical products, except those listed in Article 1(2) Article 4 of this regulation indicates that the EU Commission should adopt delegated acts to inform manufacturers which conformity assessments they can use.

You may need to use a conformity assessment body for some of those assessments.

Cyber Resilience Act Products with digital elements designed to connect to a device or network via data or physical means Yes, when harmonised standards, common specifications or European cybersecurity certification schemes exist (but are not, or partially, applied) or do not exist.

Batteries

The table in this section lists types of batteries listed in the Batteries Regulation, and examples of such batteries. It also explains when you need a notified body for those products.

As we could not find examples of products in the regulation, we found some examples from both an EU briefing document and e-commerce websites.

Battery type Product examples Notified Body required?
Portable batteries AA batteries

Mobile phone batteries

No
Electric vehicle batteries Lithium-ion batteries

Lead-acid batteries

Yes, when the conditions set in Articles 7 and 8 apply
Rechargeable industrial batteries Lithium-ion rechargeable batteries

Nickel-cadmium batteries

Yes, when the conditions specified in Articles 7 and 8 apply
Light means of transport (LMT) batteries Batteries for e-bikes

Batteries for e-scooters

Yes, when the conditions specified in Articles 7 and 8 apply
Starting, lighting and ignition (SLI) batteries Automotive batteries

Marine and RV batteries

Yes, when the conditions in Article 8 apply

Toys

The Toy Safety Directive defines toys as products intended for play by children under 14 years. Whether you need a notified body depends on the existence and application of harmonised standards.

Situation Notified body required?
Harmonised standards exist and are applied No
Harmonised standards exist, but were not applied Yes
Harmonised standards do not exist Yes

Construction Products

A construction product is a product or set of products manufactured for use in building projects. The Construction Products Regulation features several systems of assessment and verification for constancy of performance (AVCP). Whether you require a notified body depends on which system of AVCP you use.

This section lists the different systems of AVCP and when a notified body is required. Note that the regulation lists four types of notified bodies in Annex V that perform the different systems of AVCP:

  • “Notified product certification body”
  • “Notified factory production control certification body”
  • “Notified assessment validation body”
  • “Notified laboratory”

The EU’s “Construction Products Regulation (CPR)” page lists six delegated decisions that specify which systems of AVCP apply to which construction products or families of construction products. The product examples listed in the table below come from those delegated decisions.

System of Assessment and Verification of Constancy of Performance Product examples Notified body required?
System 1+ Anchor devices Yes – a notified product certification body
System 1 Manhole covers and gully tops Yes – a notified product certification body
System 2+ Metal-faced sandwich panels for structural use

Geosynthetics (membranes and textiles) used for drainage

Yes – a notified factory production control certification body
System 3 Ventilation ducts and pipes for air ventilation

Septic tanks

Yes – a notified laboratory
System 3+ We could not find an example Yes – a notified assessment validation body
System 4 Balustrade kits

Railing kits

No

Medical Devices

The Medical Devices Regulation sets requirements for different types of medical devices. This section lists medical device classes and product examples. It also explains in which cases you need a notified body.

We found examples of products in the Guidance on classification of medical devices document published by the EU.

Medical device class Product examples Notified body required?
Class I Adhesive bandages

Examination gloves

Yes, but only for devices that:

a. Are sterile, or

b. Have a measuring function, or

c. Are reusable surgical instruments

Class IIa Short term corrective contact lenses

Tracheal tubes

Yes
Class IIb Long-term use urethral stents

Long-term use urinary catheters

Yes
Class III Neuro-endoscopes

Spinal needles

Yes

Measuring Instruments

The Measuring Instruments Regulation sets requirements for different types of measuring instruments. You generally need a notified body to perform the conformity assessment on your product.

Instrument-specific Annex Product scope Notified body required?
Annex III Water meters Yes
Annex IV Gas meters and volume conversion devices Yes
Annex V Active electrical energy meters Yes
Annex VI thermal energy meters Yes
Annex VII measuring systems for the continuous and dynamic measurement of quantities of liquids other than water Yes
Annex VIII Automatic weighing instruments Yes
Annex IX Taximeters Yes
Annex X Material measures Yes
Annex XI Dimensional measuring instruments Yes
Annex XII Exhaust gas analysers Yes

Gas Appliances

The Gas Appliances Regulation covers appliances that burn gaseous fuels for purposes such as cooking and refrigeration. It also covers fittings, that is, safety devices designed for incorporation into an appliance.

Product type Notified body required?
Appliances Yes
Fittings Yes

Other regulations that require a notified body

There are other directives and regulations that require you to use notified bodies for certain products and situations. The EU’s “Search by Legislation” page lists 34 directives and regulations for which you need to use a notified body.

Here are the directives and regulations from the list that are not mentioned in the previous sections of this guide:

  • Noise Emission in the Environment Directive
  • Transportable Pressure Equipment Directive
  • Pyrotechnic Articles Directive
  • Recreational Craft Directive
  • Explosives for Civil Uses Directive
  • Simple Pressure Vessels Directive
  • Non-Automatic Weighing Instruments Directive
  • Lifts Directive
  • Equipment for Explosive Atmospheres (ATEX) Directive
  • Pressure Equipment Directive
  • Marine Equipment Directive
  • Rail System Interoperability Directive
  • Active Implantable Medical Devices Directive
  • Hot Water Boilers Directive
  • In-Vitro Diagnostic Medical Devices Regulation
  • Cableway Installations Regulation
  • EU Fertilising Products Regulation
  • Unmanned Aircraft Systems Regulation
  • Interoperability of Electronic Road Toll Systems Regulation
  • Machinery Regulation

Note that additional regulations that require the use of a notified body, such as the Artificial Intelligence Act (Regulation (EU) 2024/1689), may exist.

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    Disclaimer: The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

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    Sources: Our articles are written in part based on publicly available information, and our own practical experience relating to product compliance. These are some of the primary sources we use:

    • European Commission - europa.eu
    • EUR-Lex - eur-lex.europa.eu
    • European Chemicals Agency - echa.europa.eu
    • eCFR - ecfr.gov
    • U.S. Consumer Product Safety Commission - cpsc.gov
    • U.S. Federal Trade Commission - ftc.gov
    • U.S. Federal Communications Commission - fcc.gov
    • GOV.UK
    • Legislation.gov.uk
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