EU Battery Regulation New Exemptions

On April 28th 2026, the European Commission launched a public consultation on the proposed additional exemptions to the removability and replaceability of portable batteries pursuant to the Battery Regulation 2023/1542 (hereafter, referred to as the Regulation). Feedback from Citizens, businesses, non‑governmental organisations, public authorities and academic stakeholders may be submitted on or before May 26th 2026.

EU Battery Regulation 2023/1542

Under the Battery Regulation, portable batteries incorporated into products placed on the EU market must, as a general rule, be removeable and replaceable by end-users. This requirement aims act preventing premature obsolescence, facilitate repair and improve the collection and recycling of waste batteries at end of life.

However, article 11 of the Regulation already provides for derogations where end-users battery access would compromise user safety or proper functioning of the product. In such cases, products may instead be designed in a way that the removability and replaceability of the batteries can only be possible by independent professionals.

Battery Regulation exemptions

Against this background, the Commission is proposing through a Delegated Act, empowered by article 11(4) of the Regulation to extend the list of products for which professional-only battery replacement may be permitted: where this is required to ensure user safety or product integrity.

The proposed exemptions cover specific product categories. These included:

• Wearable Devices: smartwatches, fitness trackers.
• Electric Toys: battery access by user could create safety risks.
• ATEX Equipment: explosion‑proof motors, sensors, pumps and industrial vehicles used in explosive atmospheres.
• Wireless Thermometer Probes: designed for food contact during food preparation processes.
• On-body Delivery Systems: 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

For these product categories, the product shall be designed in such a way that batteries may only be removeable and replaceable by independent professionals and only where such a restriction is necessary to ensure user safety.

Justification

According to the Commission, the proposed exemptions are strictly safety-driven and are intended to apply only where unrestricted end-user battery access would create safety risks to the user and the appliance.

In such cases, professional-only battery replacement is considered the most proportionate means of preserving essential safety features while maintaining the broader objectives of durability, repairability and circularity.

How the Product Categories Were Identified

The product categories included in the current proposal are not chosen arbitrarily by the European Commission. Instead they were selected or identified through a structured E-level process including a 2025 call for applications, consultations with Member States and industry and technical assessments by independent experts.

This delegated act is the first adopted under the Commission’s empowerment under article 11(4) of the Regulation.

Consultation Timeline

The public consultation is open to manufacturers and other economic operators, consumer and environmental organisations, notified bodies and conformity assessment organisations, public authorities, and academic institutions. Feedback must be submitted by 26 May 2026.