On 14 July 2026, the European Commission adopted a delegated act introducing additional exemptions to the requirements concerning the removability and replaceability of portable batteries by end-users.
The EU Batteries and Waste Batteries Regulation requires portable batteries in products to be removable and replaceable by end-users throughout the product’s lifetime. However, for certain justified product categories, batteries may instead only need to be removable and replaceable by independent professionals. Article 11.4 empowers the European Commission to expand this list through delegated acts. The newly adopted delegated act is based on the results of a call for applications published in 2025 and a recent public consultation published at the end of April 2026.
New list with additional categories, including wearable devices and electric toys
The amendment to Article11.2 expands the list to include:
- 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 and 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 1) 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 2) 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 their safety (valid until 31 July 2030).
- Wireless thermometer probes specifically designed for food contact during food preparation processes.
- ATEX products (equipment and protective systems intended for potentially explosive atmospheres).
- 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.
Consequently, the portable incorporated battery of such products can be part of the derogation and thus, be removed only by independent professionals, instead of by end-users. With the exceptions of the above mentioned medical devices and IVDs, this derogation applies only in case this ensures the safety of the user and the appliance.
Why removability and replaceability of batteries?
The EU has introduced removability and replaceability provisions to ensure that portable batteries incorporated into appliances are subject to separate collection, treatment, and proper recycling once those appliances become waste. As small lithium-ion batteries not disposed of correctly can cause fires in waste treatment plants, exemptions must be carefully assessed.
The general rule is that end-users should be able to remove and replace the battery. A portable battery is considered to be removable by the end-user when it can be removed with the use of commercially available tools and without requiring the use of specialised tools (unless the tools are provided free of charge, or proprietary tools, thermal energy or solvents to disassemble it). In certain cases, such as those described above, a partial derogation applies, allowing the battery to be removed and replaced by independent professionals rather than end-users. In a very limited number of cases, a full derogation applies.
Next steps and application
The delegated act is now forwarded to the European Parliament and the Council of the EU for their scrutiny. If there is no objection, the act will be published in the Official Journal of the EU and enter into force 20 days after its publication.
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References:
EUR-Lex (2026). Commission Delegated Regulation on supplementing Regulation (EU) 2023/1542 of the European Parliament and of the Council as regards derogations for the removability and replaceability of portable batteries. Retrieved on 15/07/2026.
EUR-Lex (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 15/07/2026.
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