The European Commission’s statement on the EPAC-status of electric cycles equipped with a Series Hybrid (SH) system has now been officially published in the minutes of the12th Meeting of the Forum for the Exchange of Information on Enforcement
The wording of the Commission’s statement is as follows:
“The exemption under Article 2.2(h) of Regulation (EU) 168/2013 applies to pedal cycles with pedal assistance, equipped with an auxiliary electric motor having a maximum continuous rated power of less than or equal to 250 W, for which the motor cuts off when the cyclist stops pedalling and otherwise progressively reduces and finally cuts off before it reaches 25 km/h. The auxiliary function of the motor is to be interpreted that the vehicle should not be propelled only by the motor. In addition, the motor should provide assistance only as long as the cyclist pedals continuously.
The type-approval legislation is technology neutral. Therefore, the fact whether the vehicle has a chain or not, is irrelevant for determining if the vehicle concerned falls under the exemption in Article 2.2(h) of Regulation (EU) 168/2013.”
Consequently, any electric cycle equipped with a SH system of which the motor cuts off at 25 km/h and with a maximum continuous rated power of 250W is excluded from Regulation 168/2013 under Article 2.2(h) and must be granted the same legal status as any other Electrically Pedal Assisted Cycle (EPAC). Electric cycles equipped with a SH system must comply with the Machinery, EMC and RoHS Directives.
The minutes of the meeting including the Commission statement are here: https://www.dropbox.com/s/hbbbf1e0f3gpz6b/Minutes%20for%20ExpReg%20-%20Clean%20updated%20version.pdf?dl=0
The history of this case is here: https://leva-eu.com/eu-commission-finally-confirms-series-hybrid-cycles-are-epacs-excluded-from-l-category/