The European Commission is seeking views on the drafted delegated regulation on derogations for the removability and replaceability of portable batteries. The draft is open for feedback until 26 May 2026 (more information here).
Removability and replaceability of portable batteries
According to Article 11 of the EU Battery Regulation, portable batteries, incorporated into products, have to be removable and replaceable by the end users. However, to ensure the safety of end users, certain products are exempted from this rule. In addition to the products already mentioned in the Regulation, the Commission has drafted a new list.
New proposed list of products exempted
In the proposed amendments, the list of products, whose battery can be removed and replaced only by independent professionals, covers:
- Appliances, including wearable devices, specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion, and that are intended to be washable or rinseable.
- Professional medical imaging and radiotherapy devices as well as in vitro diagnostic medical devices.
- Wearable devices for which the safety, durability, or water resistance may be compromised by user access to the battery and which:
- due to their nature, size or form, are considered to be too small to allow the end-user to properly and safely handle a battery replacement; or
- rely on a compact, sealed enclosure to maintain functional integrity, including protection against dust, and shock.
- Electric toys that incorporate rechargeable batteries when, due to the nature or size of the toy, the derogation is necessary to ensure the safety of the toy (until 31 of July 2030).
- Wireless thermometer probes designed for food contact during food preparation processes.
- Products in the scope of the Directive for equipment and protective systems intended for use in potentially explosive atmospheres (ATEX).
- On-body delivery systems specifically designed for the subcutaneous administration of medicinal products.
- Telematics devices intended for roof mounted installation in agricultural and construction machinery and designed to be exposed to harsh vibrations, dust, and wet conditions during their intended use.
It is important to note that the draft has not been adopted yet.
Manufacturers of devices incorporating portable batteries need to verify their obligations under the EU Battery Regulation, which is already applicable.
For any questions on compliance with the EU Battery Regulation, contact us here or at prodlaw@obelis.net.
Leave a Reply