The EU Battery Regulation apply to all batteries placed on the Union market, whether incorporated to a product or not. Some provisions of the new Regulation apply already from February 2024. Compared to the previous Directive, the Regulation sets new rules which have a great impact on companies and their products’ designs. One of the main novelties concern the removability and replaceability requirements for portable batteries and LMT (light means of transport) batteries. Removability and replaceability requirements apply from 18 February 2027.
When placed on the EU market, products incorporating portable batteries shall come with instructions and safety information on the use, removal and replacement of the batteries. This information shall be made available permanently online, on a publicly available website.
Definitions of portable batteries and LMT batteries
According to the EU legislation, portable battery means a sealed battery which weighs 5 kg or less, not designed specifically for industrial use and is neither an electric vehicle battery, an LMT battery, nor an SLI battery. An LMT battery is a sealed battery which weighs 25 kg or less, and is specifically designed to provide electric power for the traction of wheeled vehicles that can be powered by an electric motor alone, or by a combination of motor and human power. This includes type-approved vehicles of category L, which are 2- and 3-wheel vehicles and quadricycles (but not battery for electric vehicle).
Appliances and devices typically include portable batteries. Some examples are electronics, construction products, medical devices, general products, and many other categories.
Batteries must be removable and replaceable
Article 11 of the EU Battery Regulation specifies that devices must include batteries that can be safely taken out and replaced by the end user. This must be possible with commercially available tools and without damaging or destroying the battery or the product. Additionally, devices need to work with both original and compatible batteries. The rules also requires portable batteries or LMT batteries be available at a reasonable price as spare parts for at least five years after the last unit is placed on the market.
Partial derogation: removal of batteries by professionals
Importantly, different rules can apply to certain products where it is necessary to ensure the safety of the product user. In such cases, it is sufficient that independent professionals (and not the end-user) replace and remove the portable battery with commercially available tools. Specifically, the conditions for this derogation are set out by Article 11.2 and include:
- Main purpose is the use in wet environment (environment regularly subject to splashing water, water streams, or water immersion, and that are intended to be washable or rinseable)
- Primarily use in wet environment
- Washable or rinseable
- Battery replaceability and removability by end-users would compromise the safety
Currently, devices that can include batteries removable and replaceable by professionals are: devices operating in a wet environment, professional medical imaging and radiotherapy devices, in vitro diagnostic medical devices, smoke alarms designed for at least 10 years of uninterrupted operation.
The European Commission is collecting data (deadline 30 April 2025) to add more products to be exempted from the removability and replaceability requirements by end-users.
Full derogation from the removability and replaceability requirements
According to Article 11.3, removability and replaceability provisions do not apply where continuity of power supply is necessary to ensure safety and data integrity. Some devices subject to the full derogations are: (active) implantable devices, certain IVDs (e.g., blood glucose meters), hearing aid devices, medical devices and IVDs expected to be infective prior to end of life.
In addition, the derogation can also apply to devices that collect and supply data collection where a supply interruption can cause data integrity loss. Some examples are:
- Battery-powered devices for/in professional weather stations or in laboratories.
- Batteries which power a volatile memory itself or deliver backup functions in the internal clock of a device, such as CMOS (Complementary Metal-Oxide Semiconductor) batteries found in digital cameras, processors, sensors, and medical devices.
- On-board equipment (OBE) which is carried or installed in vehicles and is used as part of toll services.
- Points-of-sale hardware used by the digital payments industry
House safety devices & battery removability
Smoke alarms, carbon monoxide detectors, and gas alarms are safety devices for use in residential settings. An harmonised standard (EN 14604:2005/AC 2008) for smoke alarms designed in supports of the Construction Products Regulation (CPR) requires that the user replaces the internal power source, unless its operating life is 10 years or greater. In fact, for such cases the portable battery does not need to be removable and replaceable by the end-user.
Do you have questions on compliance of batteries in the European Union? Contact us here or at prodlaw@obelis.net.
References:
European Commission (2025). Commission Notice – Commission guidelines to facilitate the harmonised application of provisions on the removability and replaceability of portable batteries and LMT batteries in Regulation (EU) 2023/1542. Retrieved on 11/02/2025.
European Commission (2023). Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC. Retrieved on 11/02/2025.
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