A recent case involving a German Amazon seller has drawn widespread attention to the complex compliance requirements surrounding USB-equipped products. The seller, who offered backpacks with USB charging ports, was unexpectedly required to register an EU Authorized Representative (EAR), highlighting the hidden regulatory challenges behind seemingly simple products.
The Compliance Storm Triggered by USB Backpacks
The product in question wasn't a traditional electronic device but rather a standard backpack featuring a USB port for connecting power banks. Despite not containing any electrical components itself, the presence of this charging functionality prompted Amazon to demand EAR registration. This left the seller uncertain about whether CE certification and WEEE registration were also necessary, and whether to address compliance proactively or reactively.
CE Certification: The Essential Safety Passport
Industry experts clarified that such USB-equipped backpacks qualify as charging devices and therefore require CE certification. This mandatory European conformity marking demonstrates compliance with EU safety, health, and environmental standards. The CE mark applies to a broad range of products beyond electronics, including some non-electrical items like toys covered by the EN71 directive.
Proper CE marking must appear on certified products. Crucially, CE certification serves as the fundamental requirement for European market access, with non-compliant products facing sales prohibitions.
EAR: The Mandatory EU Compliance Representative
Under EU Regulation 2019/1020 effective July 16, 2021, all CE-marked products must designate an EU-based compliance representative. The EAR acts as the manufacturer's local contact, ensuring regulatory adherence and assuming liability for product issues. Failure to appoint an EAR for CE-certified products constitutes a violation punishable by listing removals, account suspensions, or financial penalties.
Proactive Compliance vs. Reactive Damage Control
Some sellers consider registering an EAR without completing CE certification, but experts strongly advise against this approach. While platforms may offer grace periods, the risks of non-compliance—including failed audits, rejected appeals, product delistings, account terminations, and fines—far outweigh any temporary convenience. Currently, some service providers offer accelerated CE certification processes, delivering compliance reports and Declaration of Conformity documents within 7-10 business days.
Additional German Compliance Requirements
For the German market specifically, sellers must also consider WEEE registration and packaging regulations. While all electrical equipment requires WEEE registration, USB-equipped backpacks—as non-electrical products—are exempt. However, German packaging laws mandate registration for all commercial packaging materials entering the market.
Compliance Recommendations
In this case, the seller needs EAR registration, CE certification, and German packaging registration. Additional product-specific features might trigger further requirements. For cross-border e-commerce businesses, compliance forms the foundation for sustainable growth. Proactive adherence prevents unnecessary losses, requiring sellers to integrate regulatory considerations throughout product development, manufacturing, and distribution processes.
As regulatory scrutiny intensifies, sellers should engage professional compliance services and stay informed about evolving requirements. Only through rigorous compliance can businesses maintain competitiveness in today's challenging market environment.