EU BATTERY REGULATORY UPDATE
On July 14, 2026, the European Commission adopted a delegated act adding six product categories to the partial derogations from the EU requirement for portable batteries to be removable and replaceable by end-users. For qualifying products, replacement may instead be carried out by independent professionals. The general rule under Regulation (EU) 2023/1542 remains unchanged and will apply from February 18, 2027. Companies can review the wider requirements through REACH24H's EU Battery Regulation Compliance Services.
At a Glance: What Changes Matter Most?
| Issue | Key Point | Business Implication |
|---|---|---|
| Regulatory action | The Commission adopted a delegated act adding six product categories to the partial derogation framework. | Potentially affected manufacturers should assess eligibility against the exact legal conditions rather than relying on a broad product label. |
| General rule | Portable batteries incorporated into products must generally be removable and replaceable by end-users from February 18, 2027. | Products outside a valid derogation should continue toward end-user removability and replaceability. |
| Effect of the derogation | For qualifying products, the battery may be removable and replaceable only by independent professionals. | The derogation does not allow the battery to be permanently inaccessible or non-replaceable. |
| Current legal status | At the time of writing, the act has been adopted by the Commission but has not yet entered into force. | Companies should monitor EU scrutiny and Official Journal publication before relying on the final legal text. |
What Does Article 11 of the EU Batteries Regulation Require?
Article 11 of Regulation (EU) 2023/1542 on batteries and waste batteries requires persons placing products incorporating portable batteries on the EU market to ensure that the batteries can generally be removed and replaced by the end-user.
A portable battery is considered readily removable where commercially available tools can be used without specialised or proprietary tools, thermal energy or solvents, unless a specialised tool is supplied free of charge with the product. The rule is intended to reduce premature product obsolescence and support the separate collection and recycling of waste batteries.
The Regulation already allows batteries in specified wet appliances and certain professional medical equipment to be removable and replaceable only by independent professionals. Article 11(4) authorises the Commission to add further product categories where end-user removal creates scientifically grounded safety concerns or conflicts with applicable EU product-safety requirements.
Which Six Product Categories Have Been Added?
The adopted delegated act retains the two existing Article 11(2) categories and adds the following six categories to the partial derogation framework:
| Product Category | Scope and Practical Interpretation |
|---|---|
| Certain wearable devices | Wearables may qualify where end-user access to the battery could compromise safety, durability or water resistance and the product meets the specified miniaturisation or sealed-enclosure conditions. Not every smartwatch, fitness tracker or other wearable automatically qualifies. |
| Rechargeable electric toys | A temporary derogation applies until July 31, 2030 where restricting end-user battery access is necessary to ensure toy safety. |
| Wireless food thermometer probes | Probes specifically designed for food contact during food-preparation processes may qualify because opening the sealed probe could create a risk of battery chemicals contaminating food. |
| ATEX-covered products | Products within the scope of Article 1 of Directive 2014/34/EU, including equipment intended for potentially explosive atmospheres, may qualify where end-user battery access would undermine applicable safety requirements. |
| On-body medicinal-product delivery systems | Body-worn systems specifically designed for the subcutaneous administration of medicinal products may qualify where user replacement could impair dosing accuracy or device safety. |
| Roof-mounted telematics devices | Telematics devices intended for roof-mounted installation in agricultural and construction machinery and designed for harsh vibration, dust and wet conditions may qualify. |
Existing categories remain covered. Qualifying wet appliances and professional medical imaging, radiotherapy and in-vitro diagnostic medical devices continue to fall within Article 11(2). The delegated act also clarifies that certain wearable devices may fall within the wet-appliance category where the relevant legal conditions are met.
What the Exemption Does — and Does Not — Change
It changes who must be able to replace the battery. For qualifying products, an independent professional may carry out removal and replacement instead of the end-user.
It does not permit a permanently inaccessible battery. Manufacturers should establish a viable professional replacement method and retain evidence that the product satisfies the applicable derogation criteria.
The wider Article 11 framework remains relevant. Compatible replacement, spare-battery availability and the prohibition on software that impedes replacement continue to apply where relevant.
A broad product label is not sufficient. Eligibility depends on the legal wording, product design, intended use, foreseeable user behaviour and safety justification.
Regulatory Status and Key Dates
The Commission adopted the delegated act as Ares(2026)4360577 / C(2026) 5031 final on July 14, 2026. It is subject to scrutiny by the European Parliament and the Council.
| Date / Stage | Regulatory Milestone | Company Consideration |
|---|---|---|
| July 14, 2026 | European Commission adoption of the delegated act. | Use the adopted text for preliminary product assessment, while continuing to monitor the legislative process. |
| EU scrutiny period | The European Parliament and the Council may object during the scrutiny period. | Do not describe the act as already in force before the process is completed. |
| Official Journal publication + 20 days | If no objection is raised, the act enters into force on the twentieth day after publication in the Official Journal of the European Union. | Confirm the final publication date and consolidated text before making a definitive compliance conclusion. |
| February 18, 2027 | The Article 11 removability and replaceability requirements apply. | Complete product classification, design decisions, documentation and replacement-path planning before the application date. |
| July 31, 2030 | The temporary derogation for rechargeable electric toys ends. | Toy manufacturers should treat the derogation as a transition measure and plan for the post-2030 framework. |
Publication check: At the time of writing on July 27, 2026, the act had been adopted by the Commission but had not yet entered into force. Its Official Journal publication and final legal status should be rechecked immediately before the article is published.
What Should Manufacturers and Exporters Do Now?
Map all EU-market products containing portable batteries. Confirm whether the incorporated battery falls within the portable-battery definition and identify the responsible economic operators.
Assess exemption eligibility product by product. Review the exact legal category, intended use, battery size, enclosure design, foreseeable user behaviour and relevant safety legislation.
Document the technical and safety rationale. Retain design records, risk assessments, test evidence and an explanation of why end-user replacement would create a safety or functionality concern.
Prepare a professional replacement pathway. Confirm disassembly methods, replacement compatibility, spare-parts planning, service information and access for independent professionals.
Continue redesign work for non-exempt products. Where no derogation applies, products placed on the EU market from the Article 11 application date should be designed for end-user battery removal and replacement.
Coordinate removability with the wider EU battery compliance roadmap. Review conformity assessment, CE marking, labelling, extended producer responsibility, carbon-footprint requirements and the Digital Battery Passport where applicable.
How REACH24H Can Support EU Battery Compliance
REACH24H supports manufacturers, brand owners, importers and battery-containing product companies with product-specific implementation of the EU Batteries Regulation. Relevant support may include:
Battery and battery-containing product applicability assessment;
Economic operator and obligation mapping;
Article 11 removability and replaceability gap analysis;
Product carbon-footprint calculation and data preparation;
Digital Battery Passport data-field and supplier-workflow preparation;
Labelling, CE conformity and technical-documentation review;
Supply-chain due-diligence planning and market-access implementation.
Learn more about REACH24H EU Battery Regulation Compliance Services.
Need an EU Battery Regulation readiness assessment?
REACH24H can help assess product scope, review removability and replaceability obligations, identify data and documentation gaps, and build a practical compliance roadmap.
Recommended Reading
Official Resources
Commission delegated act on portable battery removability and replaceability derogations
Commission guidelines on the removability and replaceability of portable and LMT batteries
European Commission announcement on the adopted exemptions, July 14, 2026
European Commission battery policy and implementation resources
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