Battery Replacement and Removability Starting in 2027 – New Guidelines from the European Commission

The European Commission has published guidelines aimed at ensuring the harmonised application of the provisions of Regulation (EU) 2023/1542 concerning batteries and waste batteries, with regard to the obligations relating to the removability and replaceability of portable batteries and batteries used in light means of transport (LMT).

The Batteries Regulation, which entered into force on 17 August 2023, introduces, in Article 11, detailed requirements concerning the design of products incorporating batteries in a way that enables their removal and replacement. 

These provisions will apply from 18 February 2027 and will be binding on all natural and legal persons placing products incorporating portable batteries or LMT batteries on the market.

Given the very broad scope of products covered by the regulation – ranging from electronic devices and household appliances to transport-related products – the European Commission highlights that the purpose of the guidelines is to ensure a consistent interpretation of the requirements set out in Article 11 of the Regulation. 

The document takes into account discussions held with Member States and relevant market stakeholders. However, the Commission emphasises that the guidelines are not legally binding, and the final interpretation of EU law remains the prerogative of the Court of Justice of the European Union.

Removability and Replaceability of Portable and LMT Batteries – Key Principles

The Commission clarifies that battery removability means the possibility of safely removing a battery from a device by the end-user or an independent professional, with or without the use of tools, without causing damage to the battery or the product.

Battery replaceability, in turn, refers to the possibility of replacing a battery with another battery without damaging or destroying either the device or the battery itself, while ensuring the continued proper functioning of the product and maintaining its safety characteristics.

The guidelines also clarify that the obligation arising from Article 11(1) of the Regulation applies to the entire battery, rather than to individual battery cells. An end-user is understood as an adult person who does not have specific knowledge, experience or qualifications related to battery replacement.

In the case of LMT batteries, the requirements are stricter – the obligation to ensure removability and replaceability by independent professionals also applies at the level of individual cells contained within a battery pack.

What tools can be used to replace the battery?

The European Commission has also provided clarification regarding the types of tools that may be used for battery replacement. Pursuant to Article 11 of the Regulation, a battery is considered to be readily removable by the end-user where it can be removed using commercially available tools, without requiring specialised tools, proprietary tools, thermal energy or solvents to disassemble the product.

The guidelines refer to the EN 45554:2020 standard, which distinguishes, among others, between:

• basic tools or no tools required;
• commercially available tools;
• specialised tools;
• proprietary tools.

Where specialised tools are necessary for battery replacement, they should be provided free of charge together with the product. Proprietary tools, on the other hand, cannot be required for the removal of portable batteries.

When does the end user not need to replace the battery?

The guidelines also provide detailed explanations regarding the exceptions set out in Article 11(2) and (3) of the Regulation. In certain cases, batteries may only need to be removable and replaceable by independent professionals.

These exceptions apply, among others, to:

• appliances specifically designed to operate in wet environments, where battery replacement by the end-user could compromise safety;
• professional medical imaging and radiotherapy equipment;
• products where continuity of power supply is necessary to ensure user safety or data integrity;
• certain medical devices, including active implantable devices and selected in vitro diagnostic medical devices.

The Commission indicates that the application of these exceptions requires an individual assessment of the product’s characteristics and evidence that redesigning the device to enable safe battery replacement by the end-user is not possible with the current state of the art.

How to Prepare for the New Battery Replacement Requirements?

Manufacturers and importers should verify now whether their products meet the requirements for battery removability and replaceability and whether they are eligible for the exemptions provided for in the Battery Regulation.

Contact us if you need assistance in assessing your obligations regarding portable batteries and LMTs, analyzing product design, or preparing your company for the requirements that will take effect in February 2027.