Battery regulation: new exceptions to user-replaceable batteries

On 14 July 2026, the European Commission adopted a Delegated Regulation supplementing Regulation (EU) 2023/1542 concerning batteries and waste batteries, introducing the first derogations from the requirement to ensure that end-users are able to remove and replace portable batteries themselves. The Delegated Regulation was adopted pursuant to the empowerment set out in Article 11(4) of the Batteries Regulation and further specifies the categories of products for which portable batteries may be removable and replaceable only by independent professionals.

By way of reminder, under Article 11 of Regulation (EU) 2023/1542, manufacturers are, as a general rule, required to design products in such a way that portable batteries can be removed and replaced by end-users at any time during the product’s lifetime. This requirement aims to prevent premature product obsolescence, extend product lifespan and improve the collection rates of waste portable batteries, thereby supporting the objectives of the circular economy.

The European Commission introduces exceptions to the battery replacement requirement

At the same time, the Batteries Regulation provides for the possibility of introducing derogations from this general rule. Where end-user battery removal or replacement could give rise to safety risks, impair the functionality of the product, or is technically unjustified, the Commission is empowered to expand the list of exempted products by means of delegated acts. The newly adopted Delegated Regulation constitutes the first exercise of this empowerment.

The Delegated Regulation covers several categories of products. Among others, the derogations apply to certain wearable devices, such as smartwatches, fitness trackers, smart glasses and electronic devices integrated into clothing, where the degree of miniaturisation and the design of the product mean that battery removal by the end-user could create a risk of damaging or piercing the battery. According to the Commission, anatomical and ergonomic considerations often make redesigning such products impracticable.

User-replaceable batteries: which products are exempt?

The derogations also cover wireless thermometer probes intended for food contact, where compromising the device’s sealing during battery replacement could result in food contamination by chemicals leaking from the battery. In addition, exemptions have been introduced for products intended for use in potentially explosive atmospheres (ATEX equipment), on-body drug delivery systems, and telematics devices mounted on the roofs of agricultural and construction machinery, which are designed to operate under conditions of intense vibration, dust and moisture.

Temporary exemption for electric toys

The Commission has also introduced a temporary derogation for certain electric toys in order to ensure consistency with the new requirements laid down in Regulation (EU) 2025/2509. Until 1 August 2030, manufacturers of specific categories of toys will be permitted to rely on an exemption allowing portable batteries to be removable and replaceable only by independent professionals.

New exceptions to battery replacement: what do they mean for manufacturers?

The adopted delegated act clarifies in which cases safety, hygiene, or design constraints justify a deviation from the principle of user-replaceable batteries. We can help you verify whether your products qualify for the provided exceptions, assess their compliance with Article 11 of the Battery Regulation, and properly document the basis for applying the exemption. Contact us to determine whether changes to your product designs or documentation are necessary.