On this page · 13 sections
- What applies on 18 February 2027
- What readily removable means in practice
- The eight derogations after Delegated Regulation (EU) 2026/1770
- Is the date moving? The omnibus proposals
- Full exemptions under Article 11(3)
- Smartphones and tablets: the Ecodesign rules prevail
- What firmware, app and IoT teams must change
- Where does my product land?
- Worked example: an Indian wearable brand selling into the EU
- India, US and UK notes
- Implementation checklist
- How eCorpIT can help
- References
Summary. From 18 February 2027, Article 11 of Regulation (EU) 2023/1542 requires anyone placing a product with a portable battery on the EU market to make that battery readily removable and replaceable by the end-user for the product's whole life. Removal must work with commercially available tools: no proprietary tools, no specialised tools unless supplied free, no heat or solvents. Three linked duties start the same day: instructions permanently online, spare batteries for five years after the last unit of a model, and a ban on software that impedes a compatible replacement. All batteries also need a QR code. Delegated Regulation (EU) 2026/1770, published on 22 October 2026 and entering into force on 11 November 2026, widens the professional-only derogation list from two categories to eight. Updated Commission guidelines, Notice C/2026/5531, appeared the same day. Seven of the eight derogations apply only where safety requires them, and none allows a sealed-for-life battery. The open question is timing: the Council's negotiating mandate would defer Article 11 to 18 August 2028 for products under the new derogations only, but that text is not law. Plan for February 2027. Smartphones and tablets follow Ecodesign Regulation (EU) 2023/1670 instead.
About this article. For product, firmware and compliance teams at brands, importers and contract manufacturers selling battery-powered devices into the EU. On 1 November 2026 we checked the claims against Regulation (EU) 2023/1542 as published and as consolidated on 13 August 2026, Delegated Regulation (EU) 2026/1770, Commission Notice C/2026/5531, Regulation (EU) 2023/1670, the Council mandate of 24 June 2026 and Parliament's procedure file. This is not legal advice. The Commission's guidelines are not binding, and classification and safety cases belong with your counsel and test labs. Researched with AI assistance and reviewed by our editorial team.
What applies on 18 February 2027
Article 96(2) sets 18 February 2027 as the application date for Article 11, and the consolidated text of 13 August 2026 leaves it unchanged. The duty sits with whoever places the product on the market, in practice the manufacturer or importer that first supplies it in the EU. A portable battery is sealed, weighs 5 kg or less, is not designed specifically for industrial use and is not an EV, LMT (light means of transport) or SLI (starting, lighting, ignition) battery, under Article 3(1), point (9). The duties come from Articles 11 and 13.
| Duty | Article | In practice |
|---|---|---|
| Battery readily removable and replaceable by the end-user at any time in the product's life | 11(1) | Entire battery, not individual cells |
| Instructions and safety information permanently online | 11(1) | Public website, easy for end-users to understand |
| A compatible battery works without affecting function, performance or safety | 11(6) | Design and firmware must accept compatible batteries |
| Spare batteries for at least 5 years after the last unit of the model | 11(7) | Reasonable, non-discriminatory price for independent professionals and end-users |
| Software must not impede replacement of the battery or its key components | 11(8) | On our reading, covers firmware, apps and cloud checks |
| LMT batteries and their cells replaceable by independent professionals | 11(5) | E-bikes and e-scooters; a move to modules is proposed |
| QR code on all batteries | 13(6) | Portable batteries: label data, declaration of conformity, waste information |
The guidelines say the spare-parts duty does not apply to products placed on the market before 18 February 2027. Treat every unit first supplied in the EU on or after that date as in scope.
Some products never enter Article 11. The 2026 guidelines say a product whose primary function is to deliver electrical energy to other products, such as a power bank, a charging case for earbuds or hearing aids, or a vehicle jump starter, can itself count as a portable battery.
What readily removable means in practice
The Regulation's test is a list of what you may not require, and the guidelines map it onto the tool classes in standard EN 45554:2020.
| Tool or method | Allowed for end-user removal? |
|---|---|
| No tools, or basic tools including those supplied as a spare part | Yes |
| Commercially available tools open to all end-users | Yes |
| Specialised tools (product-group specific, not sold to the public, not patented) | Only if supplied free with the product |
| Proprietary tools (not sold to the public, or patents not licensed on FRAND terms) | No |
| Heat or solvents to disassemble the product | No |
Three further points shape the design brief. The end-user is an adult with no specific repair experience. Removal and replacement must not damage the battery or the device, which Cooley's analysis of the first guidelines says goes beyond the Regulation's wording and is hard for pouch cells and one-time fixings. And fasteners that cannot be reused should be available as spare parts too.
On our reading, a glued pouch cell that needs a heat gun fails, a battery behind a screwed cover that opens with a standard driver passes, and a pentalobe screw passes if the driver is commercially available.
The eight derogations after Delegated Regulation (EU) 2026/1770
Article 11(2) originally let two product groups use replacement by independent professionals instead of end-users. After a call for applications from February to April 2025 and public feedback from 28 April to 26 May 2026, the Commission adopted its first such act on 14 July 2026. Published on 22 October 2026, it enters into force on the twentieth day after publication, 11 November 2026, and replaces Article 11(2) with this list:
| Point | Product category | Safety condition? |
|---|---|---|
| (a) | Appliances, now including wearable devices, designed to operate primarily in an environment regularly subject to splashing water, water streams or immersion, and intended to be washable or rinseable | Yes |
| (b) | Professional medical imaging and radiotherapy devices; in vitro diagnostic medical devices | No |
| (c) | Wearables where battery access could compromise safety, durability or water resistance, and which are too small for safe end-user replacement or rely on a compact sealed enclosure | Yes |
| (d) | Electric toys with rechargeable batteries, until 31 July 2030, where needed for the toy's safety | Yes |
| (e) | Wireless thermometer probes designed for food contact during food preparation | Yes |
| (f) | Products within the ATEX Directive 2014/34/EU (explosive atmospheres) | Yes |
| (g) | On-body delivery systems for subcutaneous administration of medicines | Yes |
| (h) | Telematics devices for roof mounting on agricultural and construction machinery, exposed to vibration, dust and wet conditions | Yes |
The safety condition limits a derogation to cases where it is required for the safety of the user and the appliance. The toy date lines up with Toy Safety Regulation (EU) 2025/2509, which sets its own battery-access rules from 1 August 2030. Builders of the machines that carry point (h) units should also read our Machinery Regulation guide.
A derogation is not a licence to seal the battery for life. Independent professionals must still be able to remove and replace the battery with commercially available tools. The guidelines describe them as independent operators with the competence and qualification to repair the product, trading on a commercial basis or from commercial premises. Proof can be registration as a repairer or, where national law requires it, manufacturer training or certification.
Proving the wet-environment derogation
The guidelines set five indicators, all relevant: the appliance's main purpose is to operate in that environment; that environment is primary for most of its active service; it is intended to be washable or rinseable; documentation shows end-user replacement would compromise safety; and documentation shows no redesign is possible with current technology without severe effects on health, safety, performance or functionality. The evidence must exist when the product is placed on the market.
An IP rating is only an indicative guide (splashing water maps to IPX4, water streams to IPX5 and IPX6, immersion to IPX7), and a rating alone is not sufficient.
The Commission's examples are toothbrushes, water flossers, shavers, hair clippers, epilators and floor-washing appliances. New since the 2025 text, wearables such as wireless earbuds, heart-rate straps, smart glasses and watches, and outdoor wireless speakers, can qualify if they meet all five indicators. Appliances running on standard-format batteries such as AA cells can stay user-replaceable.
Point (c) stands apart from wet appliances. Recital 3 explains it: a miniaturised cell can be so tightly encapsulated that removal risks piercing it.
Is the date moving? The omnibus proposals
The date has not moved in law, but a live file could change it for some products. The Commission's proposal COM(2025) 981 would change Article 11(5) so that LMT batteries are serviced at module level rather than cell level. It does not touch the February date.
The Council's position of 24 June 2026 goes further. Its mandate would:
- Disapply Article 11 until 18 August 2028 for products within the scope of the derogations added by the delegated act, citing redesign cycles of 18 months to 4 years.
- Keep the QR code from 18 February 2027 for all batteries, but require the link to label information only from 18 months after the harmonised labelling act enters into force. We found no published labelling act on 1 November 2026.
- Keep the module-level change for LMT batteries.
Parliament has not adopted a position. Its procedure file shows the proposal in committee, with an indicative plenary date of 14 December 2026, and its Legislative Train page, updated on 20 September, says the ENVI committee vote is planned for early November. Negotiations would follow, so the final text may differ.
On our reading, products outside the new derogations, such as a laptop or a Bluetooth tracker, get no postponement in any text. The mandate's carve-out runs from the amending regulation's entry into force, so if that falls after 18 February 2027, Article 11 applies to derogated products in the gap. Plan for February 2027 and treat any postponement as contingency.
Full exemptions under Article 11(3)
Article 11(3) switches off the end-user obligation where continuity of power and a permanent battery connection are needed for safety, or, for products whose main function is collecting and supplying data, for data integrity. This matters more to IoT companies than the new derogations do. The 2026 guidelines give a longer list of examples than the 2025 text.
| Ground | Examples in the guidelines |
|---|---|
| Safety continuity | Implantable medical devices, certain high-risk diagnostic devices (blood-screening instruments, glucose meters with test strips), hearing aids, smoke alarms designed for at least 10 years of uninterrupted operation with a matching battery, eCall systems, tyre pressure monitors, tachographs |
| Data integrity (main function) | Devices in professional weather stations and laboratories, cold-chain temperature and humidity sensors, CMOS or real-time-clock backup batteries, on-body glucose biosensors, road-toll on-board units, payment point-of-sale hardware, electronic payment credential hardware |
The guidelines rule out devices where data collection is only an additional feature, and devices with no data-integrity risk, for example because non-volatile memory protects the data. That is the trap. Many consumer and commercial IoT sensors store readings in flash, so this ground will often fail for them, and their main battery must be user-replaceable unless Article 11(2) fits. Cold-chain sensors are now a named example, but a logger with flash still needs a clear account of why power loss would compromise its data.
Smartphones and tablets: the Ecodesign rules prevail
The guidelines say that for products covered by Regulation (EU) 2023/1670 (smartphones, other mobile phones, cordless phones and slate tablets), the removability rules in its Annex II prevail over Article 11. Annex II has applied since 20 June 2025.
For phones and slate tablets, battery replacement must normally be possible for a layperson. A generalist route is allowed where the battery keeps at least 83% capacity after 500 full cycles and 80% after 1,000, and the device is dust tight and survives immersion to 1 metre for 30 minutes (for slate tablets, an IP42 rating instead). Spare batteries must stay available for at least seven years after the end of placement on the market. Cooley adds that these products still face the Batteries Regulation's other duties, such as labelling and conformity assessment. On serialised parts, both regulations apply.
What firmware, app and IoT teams must change
Under Article 11(8), software must not be used to impede replacement of a portable battery or its key components with a compatible one. The guidelines name parts pairing as an example: a serialised battery tied to one device unit may be refused, or lose function, until the manufacturer re-pairs it remotely. Software may still talk to a replacement battery to ensure correct function and safety, and may tell the user a non-original battery is fitted, as long as that notice does not affect functionality or the user experience.
This table is our reading of Article 11 and the guidelines.
| Practice | Status |
|---|---|
| Parts pairing that blocks or degrades a compatible battery until the OEM re-pairs it | Named as impeding software |
| Notice that a non-original battery is fitted, with no loss of function or change to the user experience | Permitted |
| Battery management handshake that checks safety parameters and accepts compatible batteries | Permitted |
| Refusing to charge, or capping performance, when a battery's serial number is unknown | High risk under 11(6) and 11(8) |
| Cloud rules or OTA updates that disable features on a changed battery serial, or change acceptance rules on devices already sold | Review before February 2027: the duty lasts for the product's lifetime |
The guidelines treat a battery as compatible if it poses no risk to the user's or the device's safety and lets the device operate as intended. They strongly recommend documenting the specifications a compatible battery must meet. Battery management code should accept batteries inside that envelope. Connected products also carry separate software duties, covered in our Cyber Resilience Act guide.
Apps and web teams own the other half. Instructions must stay permanently online, and the guidelines want advice on handling and disposing of waste batteries too. The QR code must lead, for portable batteries, to the applicable label information, the declaration of conformity, waste information and the other items in Article 13(6), all complete, up to date and accurate. In practice that means versioned content keyed to battery model, not a PDF on a marketing page.
Where does my product land?
Our reading, for orientation only.
| Product | Likely route | What to do |
|---|---|---|
| Bluetooth tracker or smart-home sensor with flash storage | Article 11(1) | Accessible battery door; publish compatible cell specification |
| Smartwatch, fitness band or wireless earbuds | Article 11(2)(a) or (c), if the conditions are met | Document why end-user access is unsafe; keep professional replacement possible |
| Power bank or earbud charging case | Outside Article 11 per the guidelines | Check the other battery duties, including the QR code |
| Laptop | Article 11(1): no derogation listed | User-replaceable pack with commercially available tools |
| E-bike or e-scooter | Article 11(5): independent professionals | Cells today; modules if the omnibus passes |
| Cold-chain logger or card payment terminal | Article 11(3) data integrity per the guidelines | Document why the integrity risk is real |
Worked example: an Indian wearable brand selling into the EU
Suppose a Bengaluru brand sells three products in the EU through its own importer: a smart ring, a fitness band and a Bluetooth luggage tag.
| Product | Route | Last EU unit placed (plan) | Spare batteries until at least |
|---|---|---|---|
| Smart ring | 11(2)(c): too small for safe end-user replacement | September 2028 | September 2033 |
| Fitness band | 11(2)(a): designed for swimming and rinsing, if the safety file holds | March 2029 | March 2034 |
| Luggage tag | 11(1): user-replaceable coin cell | December 2029 | December 2034 |
The arithmetic is simple: last unit date plus five years under Article 11(7). The work is not. The brand needs two derogation safety files, three permanently hosted instruction pages, QR destinations for each battery model, a professional repair channel for the ring and band, and firmware that accepts compatible cells in the tag.
Counting from today, 1 November 2026, the delegated act enters into force in 10 days and Article 11 applies in 109 days (29 days left in November, 31 in December, 31 in January and 18 in February). If the Council's text becomes law in time, the ring and band could move to 18 August 2028; the tag would not. If the band's safety case fails and no postponement arrives, the options are a redesign or stopping EU shipments of that model.
India, US and UK notes
For Indian manufacturers and ODMs, the legal duty sits with whoever places the product on the EU market, usually the brand's EU importer or the EU brand owner. Article 11 is therefore likely to reach them through customer contracts, as requests for redesigns, derogation evidence and compatible-battery specifications. Indian brands selling through their own EU entity carry the duty directly, much as Indian teams meet the European Accessibility Act.
The Regulation does not apply in the US. It applies directly in Northern Ireland under the Windsor Framework, while Great Britain stays under the 2008 batteries regulations, which have their own readily removable rule. The UK Government says it will consult this autumn on an aligned UK-wide regime.
Implementation checklist
- Inventory every SKU with a portable battery due on the EU market after 18 February 2027.
- Classify each one: Article 11(1), 11(2), 11(3), the Ecodesign phone and tablet rules, LMT, or outside Article 11 as a battery itself.
- For each derogation claim, build the safety evidence file now.
- Test removal by an adult with no repair training, using commercially available tools, no heat or solvents and no damage to the battery.
- Stock spare batteries, and non-reusable fasteners, for five years after the last unit of each model.
- Publish the instructions, safety information and compatible-battery specification on a permanent public URL.
- Audit firmware, apps and cloud rules for parts pairing, serial-number lockouts and performance caps.
- Build the QR code destinations required by Article 13(6), with versioning and ownership.
- Update supplier and importer contracts, and re-cost any redesign against current embedded memory prices.
- Track the ENVI vote and the omnibus negotiations without relying on a postponement.
How eCorpIT can help
eCorpIT is a Gurugram-based technology organisation, founded in 2021, assessed at CMMI Level 5 and MSME certified, with senior-led engineering teams working across AWS, Microsoft and Google platforms. Our IoT app development team can audit firmware, companion apps and cloud fleet rules for parts pairing and serial-number lockouts, and build the versioned content behind instruction pages and QR code destinations. Talk to us at /contact-us/.
Last updated: 1 November 2026.
