According to Article 11 of the EU Battery Regulation, from 18 February 2027 portable batteries have to be removable and replaceable. This includes toys, too. However, some industries are asking for a delay of the application date.
Removability and replaceability requirements of toys
From February 2027, toys must include batteries that can be safely taken out and replaced by the end user. Removing and replacing a battery incorporated to a toy should be possible with commercially available tools and without damaging or destroying the battery or the toy. In addition, toys need to work with both original and compatible batteries. Based on the product’s safety assessment, the EU Battery Regulation allows very few exceptions (partial or full derogation).
Industry position: legal uncertainty and business disruption
In July 2025, three business associations (Toy Industries of Europe, CCIA – Computer & Communications Industries Association, and DIGITALEUROPE) jointly published a statement on Batteries Omnibus and Article 11 of the EU Regulation. While strongly supporting the postponement of the due diligence obligations, the associations stress the importance of addressing other aspects of the EU Battery Regulation which cause legal uncertainty and business disruption. In particular, the joint statement refers to the provisions of Article 11 on the removability and replaceability of batteries. Meeting these provisions would require a new design for products. This would lead to complex machinery and manufacturing processes, having potential adverse effects to innovation and generating more electronic waste.
The associations also argue that the call for derogation applications as well as the guidance on Article 11 of the EU Batteries Regulation were published much later than anticipated. Overall, these delays and legal uncertainty have held up production and investment decisions. In this context, the joint statement calls for the European Commission to review the applications submitted by manufacturers in their recent call for applications to the derogations. In particular, manufacturers provide information on how their products can both deliver better protection of the environment and ensure consumer safety with products if they are repairable by professionals, rather than end-users (partial derogation). Moreover, the industry is also asking to postpone the application of Article 11, currently applicable from 18 February 2027.
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For any questions on the EU Battery and Toys Regulations, contact us here or at prodlaw@obelis.net.
References:
TIE (2025). Joint Statement – Batteries Omnibus and Article 11 Batteries Regulation. Retrieved on 02/12/2025.
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