The requirement for portable batteries to be removable and replaceable is approaching (deadline: February 27, 2027) and is causing many discussions and questions among device manufacturers. The requirement under Art. 11 of the Battery Regulation (EU) 2023/1542 states that manufacturers who place devices on the market in which portable batteries are installed must ensure that these batteries can be easily removed and replaced by the end user at any time during the product lifespan.
- Easily removed: with commercially available tools
- Replaced: replaced with another compatible battery without destroying or affecting the device
There are only a few strictly defined exceptions.
For example, a limited exception applies to washable or rinseable devices that are specifically designed for operation in an environment where splash water, water jets or underwater conditions regularly prevail. In this case, the batteries must still be removable and replaceable, but the replacement may be carried out by independent specialists.
A full exemption can only be claimed if the continuity of the power supply must be guaranteed due to the safety of the user and/or the device or data integrity.
On April 28, 2026, a draft delegated regulation was published regarding a possible extension of the limited exemptions (by independent experts). Comments could be submitted until May 26, 2026.
The draft provides for the following additional exemptions, among others
- certain wearable devices (e.g. smartwatches, fitness trackers)
- electric toys with rechargeable batteries (adaptation to the Toys Regulation (EU) 2025/2509)
- Wireless temperature sensors for contact with food
- Products for potentially explosive atmospheres
- Body-worn systems for the administration of medication
- certain telematics devices for agricultural and construction machinery
In connection with the removability/replaceability of device batteries/rechargeable batteries, we are often asked which exception (the major) smartphone manufacturers actually use here? Is it just the name, the market size, the trading volume?
The answer to this can be found in Regulation (EU) 2023/1670 (the so-called Smartphone Regulation). This regulation lays down ecodesign requirements for smartphones, non-smartphone cell phones, cordless phones and slate tablets. Although the regulation was issued under the "old" Ecodesign Directive 2009/125/EC, it will remain in force until it is repealed by a delegated act of the "new" Ecodesign Regulation (EU) 2024/1781 (Ecodesign for Sustainable Products Regulation - ESPR).
The disassembly requirements for batteries for smartphones are regulated in Annex II, B. 1.1.1.5) c). The following also applies here:
Since 20 June 2025, manufacturers, importers or authorized representatives must ensure that the process used for battery replacement meets the following criteria:
- Fasteners must be supplied or reusable,
- the replacement must be possible without tools, with (a) tool(s) supplied with the product or spare part or with simple tools,
- the replacement must be feasible in an application environment,
- the replacement must be feasible for a layperson,
However, deviations from this are permitted,
- after 500 full charging cycles, the battery has a residual capacity of at least 83% of the nominal capacity when fully charged
- after 1,000 full charging cycles, the battery has a residual capacity of at least 80% of the nominal capacity when fully charged
- the device is at least dustproof and protected against water ingress for at least 30 minutes when immersed in water to a depth of one meter
Similar exceptions also apply with regard to the availability of spare parts for end users (see Annex II, B. 1.1.1.1) c)).
Most major smartphone manufacturers can fulfill these requirements for the battery and thus avert the otherwise mandatory replacement by laypersons or end users.
This means that the most expensive devices, which consumers use the longest, are theoretically the most difficult to repair or can only be repaired by an expert repairer. On the other hand, the better quality and durability of the battery ensures a longer operating life anyway.
Further possible "manipulations" with regard to the repairability of smartphones should ultimately be prevented by the Right to Repair Directive (EU) 2024/1799, which prohibits, among other things, software and hardware techniques that hinder (independent) repair.
Do you have any questions about this article or the Battery Ordinance in general? We will be happy to provide you with further assistance. Simply send us an email with your question or use our contact form.
Author's note
This article has been machine translated into English.
DEFINITIONS AND ABBREVIATIONS
Telematics refers to a technology that combines telecommunications and information technology. It enables the linking of information between at least two information systems via a telecommunications network. Special data processing methods are used to ensure the exchange and processing of data.
