On 14 July 2026, the European Commission adopted a Delegated Regulation adding eight product categories for which portable batteries need only be removable and replaceable by independent professionals, not end-users, under the Batteries Regulation (EU) 2023/1542. The new derogations cover wet appliances including wearable devices (smartwatches, fitness trackers, smart glasses), wearable devices where safety, durability, or water resistance is compromised by user access and which are too small or rely on a sealed enclosure, electric toys with rechargeable batteries (temporary derogation until a date specified in Regulation (EU) 2025/2509), wireless thermometer probes for food contact, products under Directive 2014/34/EU (potentially explosive environments), on-body delivery systems for subcutaneous medication, and telematics devices for roof-mounted installation in agricultural/construction machinery. The derogations apply only where necessary for user and appliance safety. The regulation enters into force 20 days after publication in the Official Journal.
The delegated regulation amends Article 11(2) of Regulation (EU) 2023/1542, which originally required that all portable batteries be readily removable and replaceable by the end-user. The Commission's decision follows a consultation process and impact assessment that identified specific product categories where end-user access could compromise safety, durability, or product functionality. For example, smartwatches and fitness trackers often rely on sealed enclosures to achieve water resistance, and allowing user access could damage the device or create safety hazards. Similarly, medical devices such as subcutaneous medication delivery systems require professional handling to ensure sterility and correct operation. The temporary derogation for electric toys aligns with the Toy Safety Regulation (EU) 2025/2509, which sets out specific safety requirements for battery compartments in toys.
The regulation balances consumer convenience with product safety and durability. For manufacturers of the affected products, the derogation provides legal certainty and avoids costly redesigns that would be required to make batteries user-replaceable. Consumers, however, will need to rely on professional repair services for battery replacement, which may increase costs and reduce convenience compared to user-replaceable designs. Environmental groups may view the derogation as a potential obstacle to circular economy goals, as non-user-replaceable batteries are less likely to be recycled or reused. The Commission has stressed that the derogations are narrowly targeted and subject to periodic review.
The delegated regulation will now be transmitted to the European Parliament and the Council, which have a two-month scrutiny period to object. If no objections are raised, the regulation will enter into force as planned. The Commission may propose further amendments to the list of derogations based on technological developments and market experience.