EU: Batteries Regulation – list of products exempted from the general removability and replaceability requirements 

 

The EU Commission has adopted a list of products exempted from the general removability and replaceability requirements under the Batteries Regulation. 

The Batteries Regulation requires portable batteries incorporated into products to be removable and replaceable by the end user. 

To ensure the safety of end users, certain products are exempted from this rule. For these products, it is sufficient if the portable batteries are removable and replaceable by independent professionals. 

Context of the act: 

Batteries are an essential technology for sustainable development, clean energy, green mobility and the transition to climate neutrality. Portable batteries power an expanding range of products, including wearable devices, toys, textiles and medical devices. To support the circular economy and reduce waste, Article 11 of Regulation (EU) 2023/1542 on batteries and waste batteries establishes general requirements for the removability and replaceability of portable batteries incorporated into products placed on the market. 

As a general rule, portable batteries must be removable and replaceable by end-users at any point during the lifetime of the product. This requirement is intended to prevent premature obsolescence, facilitate repair and maintenance, and improve the collection of waste portable batteries at the end of their life. 

Article 11(2) of the Regulation recognises that, in duly justified cases, the removal and replacement of portable batteries may instead be carried out by independent professionals. Furthermore, pursuant to Article 11(4), the Commission is empowered to adopt delegated acts specifying additional categories of products for which battery removal and replacement may be performed by independent professionals rather than end-users. 

This delegated act constitutes the first exercise of that empowerment by identifying additional products for which the exception provided for in Article 11(2) is considered justified. 

The products covered by the exemption are: 

(a) 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;  

(b) 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;  

(c) 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;  

(d) until 31 of July 2030, 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 when used in accordance with Article 10(2) of Directive 2009/48/EC of the European Parliament and of the Council 

(e) wireless thermometer probes specifically designed for food contact during food preparation processes;  

(f) products falling within the scope of Article 1 of Directive 2014/34/EU of the European Parliament and of the Council ;  

(g) on-body delivery systems specifically designed for the subcutaneous administration of medicinal products;  

(h) 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. 

To find out more about product compliance in the EU and the EU Battery Regulation, please do not hesitate to contact us directly.