EU Amends Battery Regulation: New Derogations for Removable Portable Batteries

Overview
The European Commission has notified a draft delegated regulation that supplements the Batteries Regulation (EU) 2023/1542. This proposal introduces specific derogations to the general requirement for end-user removability of portable batteries, impacting a wide range of products placed on the EU market.

Key Details
- Country / Notifying Member: European Union
- Document Symbol: G/TBT/N/EU/1207
- Notification Date: 2026-05-12
- Comment Deadline: 11 July 2026.
- Proposed date of adoption: July 2026
- Proposed date of entry into force: 20 days from publication in the Official Journal of the EU (about three months after adoption approximately)
- Objective: To prevent premature obsolescence and increase the collection of waste portable batteries at the end-of-life, while ensuring user and appliance safety in specific product categories.

What Is Being Regulated
This delegated act concerns the removability and replaceability of portable batteries incorporated into products, falling under Regulation (EU) 2023/1542 on Batteries and Waste Batteries. While the general rule mandates end-user removability, this act expands the list of products for which batteries only need to be removable and replaceable by independent professionals.

Specific product categories benefiting from these derogations include:
- Appliances, including wearable devices, designed for environments regularly subject to splashing water, water streams, or immersion, intended to be washable or rinseable.
- Professional medical imaging and radiotherapy devices (as defined in Article 2, point (1), of Regulation (EU) 2017/745), and in vitro diagnostic medical devices (as defined in Article 2, point (2), of Regulation (EU) 2017/746).
- Wearable devices where user access to the battery may compromise safety, durability, or water resistance due to their small size/form or reliance on a compact, sealed enclosure.
- Electric toys that incorporate rechargeable batteries, until 31 July 2030, where necessary for toy safety (in accordance with Article 10(2) of Directive 2009/48/EC).
- Wireless thermometer probes specifically designed for food contact during food preparation processes.
- Products falling within the scope of Article 1 of Directive 2014/34/EU (equipment 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 exposed to harsh vibrations, dust, and wet conditions.

Key Requirements & Technical Changes
The core change is an amendment to Article 11(2) of Regulation (EU) 2023/1542, adding new product categories to the list of those where portable batteries need only be removable and replaceable by independent professionals, rather than by end-users. The derogations apply only where required to ensure the safety of the user and the appliance.

Specifically, the following are added or clarified:
- Appliances, now explicitly including wearable devices, designed for wet environments (e.g., washable, rinseable).
- Professional medical imaging and radiotherapy devices and in vitro diagnostic medical devices.
- A new category for wearable devices where safety, durability, or water resistance is compromised by user access, particularly due to miniaturization or the need for compact, sealed enclosures.
- A temporary derogation, until 31 July 2030, for electric toys with rechargeable batteries where end-user removability compromises toy safety.
- Wireless thermometer probes specifically for food contact.
- Products falling within the scope of Directive 2014/34/EU (ATEX equipment).
- On-body delivery systems for subcutaneous medication.
- Telematics devices for roof-mounted installation in agricultural and construction machinery, designed for harsh conditions.

• Link to the draft text of the delegated regulation: https://members.wto.org/crnattachments/2026/TBT/EEC/26_02497_00_e.pdf