EU Battery Regulation: Commission Adopts Additional Exemptions from End-User Battery Replacement Rules

The European Commission adopted a delegated act on 14 July 2026 to expand the categories of products whose portable batteries may be removed and replaced by independent professionals rather than end-users. The measure, identified as C(2026) 5031 final, concerns specified products and does not create a general exemption for battery-powered IoT devices.

The Regulatory Background

Article 11 of Regulation (EU) 2023/1542 establishes requirements for the removability and replaceability of portable batteries incorporated into products. As a general rule, these batteries must be readily removable and replaceable by end-users throughout the product’s lifetime.

Under the current legislation, Article 11 applies from 18 February 2027. Its requirements support longer product use and the separate collection of waste batteries. The regulation already provides derogations for specified circumstances; the July measure adds further product categories.

Which Products Are Covered?

The adopted text adds six categories to the professional-replacement framework:

• Certain wearable devices.
• Electric toys incorporating rechargeable batteries, subject to safety conditions and a temporary provision ending on 31 July 2030.
• Wireless thermometer probes designed for food contact during food preparation.
• Products within the scope of Article 1 of the ATEX Directive, Directive 2014/34/EU.
• On-body systems designed for the subcutaneous administration of medicinal products.
• Telematics devices intended for roof-mounted installation on agricultural and construction machinery, designed for exposure to harsh vibration, dust and wet conditions.

These categories are subject to the conditions in the adopted text, including the requirement that the derogation be necessary to ensure the safety of the user and the appliance. Professional replacement remains required; the measure does not generally authorize permanently non-replaceable batteries.

Wearables: A Conditional Derogation

The act’s recitals identify smartwatches, fitness trackers, smart glasses and electronics integrated into clothing or accessories as examples of wearables.

However, being a wearable is insufficient on its own. The operative provisions address devices where user access could compromise safety, durability or water resistance, alongside specified size or compact-enclosure conditions. Manufacturers should assess the actual design and applicable criteria rather than assume that all sealed wearables qualify.

Existing Exemptions Have Limits

The existing medical-device provision concerns professional medical imaging and radiotherapy equipment and in-vitro diagnostic medical devices. It should not be described as an exemption for all medical equipment.

Likewise, the wet-appliance derogation depends on the product’s intended operating environment and safety considerations. An IP rating alone does not demonstrate eligibility.

Professional Replacement and Spare Parts

The Commission also issued updated guidance, C(2026) 5032 final. It explains independent professionals as operators with the technical competence and qualifications to repair the relevant product, conducting business commercially and/or in commercial premises. The guidance assists interpretation but is not legally binding.

Article 11(7) requires portable and light means of transport batteries to remain available as spare parts for at least five years after the last unit of the equipment model is placed on the market, at reasonable and non-discriminatory prices. A professional-replacement derogation therefore does not eliminate the need to plan for battery servicing.

Adoption and Entry into Force

Commission adoption must be distinguished from entry into force. Article 89(6) establishes a three-month objection period, extendable by two months at the initiative of the European Parliament or Council. EUR-Lex lists 14 October 2026 as the expected end of the objection period for this act.

The adopted text provides for entry into force on the twentieth day following publication in the Official Journal. The sources reviewed for this article do not establish its actual publication or entry-into-force date.

Kingwo IoT’s Perspective

For Kingwo IoT and its partners, the practical priority is to assess each product individually. A tracker’s connectivity, compact size or waterproof housing should not be treated as proof of eligibility for a derogation.

The provision on roof-mounted agricultural and construction telematics deserves particular attention, but its specified installation and operating conditions prevent automatic extension to other vehicle trackers.

Product planning should address battery access, replacement procedures, spare-part supply and the evidence supporting any claimed derogation. The useful outcome is a serviceable product with a clear compliance basis—not an assumption that sealed IoT hardware is exempt.

Written by Kailiang Tang

Director of Overseas Sales Division II & Assistant to GM, Kingwo IoT

References

1. European Commission. Commission Delegated Regulation C(2026) 5031 final, adopted 14 July 2026. Official text.
2. European Commission. Commission Notice C(2026) 5032 final: Commission guidelines to facilitate the harmonized application of provisions on the removability and replaceability of portable and LMT batteries in Regulation (EU) 2023/1542. Official guidance.
3. European Commission. “Commission adds exemptions to rules on removability of portable batteries”, 14 July 2026. Official announcement.
4. Regulation (EU) 2023/1542, particularly Articles 11 and 89. EUR-Lex.
5. EUR-Lex. C(2026) 5031 — procedure information. Legislative timeline.