Are you ready for the EU Batteries Regulation's Removability and Repairability Requirements?

This removability/replaceability requirement, which imposes a significant compliance challenge for manufacturers, will apply from 18 February 2027 in line with the phased approach to the Batteries Regulation's implementation. Individual product units (as opposed to product lines or categories) placed on the market before that date will not need to comply with the requirement. 

At the time of writing, the removability/replaceability requirement is not expected to be affected by the EU's proposed 'Omnibus' package.   

Below, Aonghus Heatley, a senior UK and EU-qualified environmental and products lawyer in Fieldfisher's London office, provides an overview of the requirement and what is expected of product manufacturers.

Does the removability/replaceability requirement apply to consumer products?

The removability/replaceability requirement applies to "products incorporating portable batteries" (with "portable batteries" being defined in the EU Batteries Regulation).  As a primarily battery-focused regime, "products" is not defined in the Batteries Regulation, but it is clear that the requirement is intended to apply to, amongst other things, batteries incorporated into consumer products. 

What is required?

In addition to what is set out in the EU Batteries Regulation itself, the removability/replaceability requirement has to be interpreted in line with the February 2025 guidance issued by the European Commission (the Commission Guidance).  Although not legally binding, the Commission Guidance is important as it sets out the EU's view on how the requirement is to be applied. 

In broad terms, in-scope batteries must be capable of being removed/replaced:

• during the product's lifetime;
• safely;
• by an end-user (i.e., an adult without any specific experience or qualifications related to removing or replacing batteries);
• without the use of tools or using only commercially available tools using EN 45554:2020 as a source of guidance and without requiring the use of specialised tools (unless these are provided free of charge with the product), proprietary tools, thermal energy, or solvents to disassemble the product;
• without damaging or destroying the battery or the product;
• such that they can be substituted by another compatible battery;
• without affecting the functioning, performance or safety of the product; and
• without being impeded by software (such as via 'parts-pairing' restrictions).

In scope products have to be accompanied by instructions and safety information on the use, removal, replacement and disposal of the batteries. This has to be made available permanently online, on a publicly available website, in an easily understandable way for end-users.

Companies placing products that incorporate portable batteries on the market also have to ensure that replacement batteries are available as spare parts, at a reasonable price, for a minimum of five years after the last product unit is placed on the market. 

Products that can take advantage of a partial derogation

The requirement is modified, but is not disapplied, in the case of products (Wet Environment Products) where both of the following conditions are met:

• the products are specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion or are intended to be washable or rinseable: and
• where, due to a need to ensure the safety of users and appliances, batteries should not be removed/replaced by end-users,

While the removability/replaceability requirement still applies to Wet Environment Products, these products can be designed to make the battery removable and replaceable only by "independent professionals" (rather than consumers) i.e. people who have the technical competence and qualification to repair the product in which the battery is integrated and who operate on a commercial basis and/or in commercial premises. 

As with any exception to a generally applicable legal requirement, the types of products that are capable of benefiting from this derogation will be construed restrictively. The Commission Guidance for example, when providing clarification on the 'no way to redesign' element of the derogation, provides that there should be evidence that, based on the current state of technology, "there is no way to redesign" a product "without severely affecting the health and safety of the end-user or the performance and functionality of the product". 

There is also a partial derogation for certain professional medical imaging and radiotherapy devices and in vitro diagnostic medical devices. 

Exempt products

The removability/replaceability requirement does not apply at all in the case of products:

• where the continuity of power supply is necessary and a permanent connection between the product and the respective portable battery is required to ensure the safety of the user and the appliance (such as life-saving, life-sustaining products and safety-critical products); 
• that collect and supply data as their main function, for data integrity reasons (such as where batteries are used to power volatile memory or to deliver backup functions); or
• which are otherwise subject to portable battery removability or replaceability requirements under the EU's Eco-Design Regime (which is currently limited to smartphones, mobile phones and tablets pursuant to Regulation (EU) 2023/1670) which ensure a higher level of protection for the environment and human health.

These exemptions will be construed narrowly and are clearly only intended to apply to a very limited subset of products. 

Can products take advantage of any 'grandfathering' arrangements?

Yes.  As noted above, individual product units placed on the market before 18 February 2027 will not need to meet the removability/replaceability requirement.  Whether or not a product has been placed on the market can be a challenging assessment, particularly in relation to products being sold into the EU via distance sales.  Given the benefit that can be obtained from grandfathering, it could be prudent to obtain specific legal advice on this aspect. 

Is there a similar requirement in the UK?

The EU Batteries Regulation does not apply in England, Wales or Scotland.  There is, however, a similar, but narrower, existing requirement under regulation 7 of The Batteries and Accumulators (Placing on the Market) Regulations 2008.  The UK's Office for Product Safety and Standards (the relevant regulatory authority) summarises this requirement as follows:

"[a]ppliances that incorporate batteries must be designed so that the end user can readily remove the battery safely, without difficulty and when necessary using the instructions provided. Where it is not possible for the end user to remove the battery, an independent qualified professional must be able to readily remove it. The instructions must explain the type of battery incorporated, where appropriate. This does not apply where a permanent connection between the appliance and the battery is needed for safety, performance, medical or data integrity".

The EU Batteries Regulation also applies directly in Northern Ireland which, while part of the UK, follows EU law in many product-law related respects. 

Our comments

Fieldfisher lawyers are actively advising a number of leading consumer product manufacturers on the application of this requirement. The 18 February 2027 deadline is fast approaching and, given the likely need for design changes to many products, manufacturers should be urgently assessing their product lines. Please contact Aonghus Heatley if you would like to discuss this further.