Batteries and Replaceability: what Article 11 means for retailers of consumer products and toys

This article is provided by BRC Associate Member, UL Solutions.

__________________________​

Explore how the 18 February 2027 removability and replaceability rules, the updated Commission guidelines and the new list of derogations (both 14 July 2026) affect products sold on the EU market.

From 18 February 2027, Article 11 of the EU Batteries Regulation (Regulation (EU) 2023/1542) starts to apply. The update specifies that portable batteries built into products placed on the EU market are readily removable and replaceable by the end user throughout the product's life. For batteries used in light means of transport (LMT), such as electric bikes and electric scooters, removal and replacement can be performed by an independent professional rather than the consumer.

For retailers, this is not a distant technical detail. It affects everyday products such as earbuds, smart watches, fitness trackers, electric toothbrushes, cordless gadgets and many battery-powered toys. In July 2026, the European Commission published two documents worth having on the desk: updated guidelines on how to apply Article 11, and a delegated act that adds new derogations, extending the list of products for which the battery only needs to be replaced by a professional. This article explains what changed, what stayed the same and what retailers should ask their suppliers now.

In Short

• Applies from 18 Feb. 2027 to products with portable batteries placed on the EU market.
• General rule: The consumer must be able to remove and replace the battery using commercially available tools, with no proprietary tools, heat or solvents.
• Two documents from 14 July 2026: Updated guidelines (Commission Notice C(2026) 5032) and a delegated act (C(2026) 5031) that grows the derogation list from two categories to eight.
• Electric toys with rechargeable batteries have a time-limited derogation (professional replacement only) valid until 31 July 2030.
• A derogation is not an exemption: the five-year spare parts duty, the software (parts pairing) rule, and the information duties still apply.

 
The General Rule: Design For The Consumer

Article 11(1) is short and demanding. Anyone who places a product with a portable battery on the market shall make sure the battery is readily removable and replaceable by the end user at any time during the life of the product. The obligation applies to the whole battery, not to individual cells. Note who it binds: the party placing the product on the market. So, a retailer or importer selling a product from a brand outside the EU can be the responsible economic operator.

The Regulation and the guidelines explain what “readily removable” means in practice. A battery qualifies where it can be taken out using commercially available tools, without proprietary tools, thermal energy (heat) or solvents and without damaging the battery or the product. Specialized tools are acceptable only if they are supplied free of charge with the product.

The guidelines base the tool categories on standard EN 45554:2020. The Article 11 term “commercially available tools” covers both basic tools (or no tools) and commercially available tools. “Specialized tools” are tools specific to a product group that is not sold to the public (allowed only if given free with the product). “Proprietary tools” shall never be needed.

A battery is readily replaceable when, after removal, it can be swapped for a compatible battery without affecting the functioning, performance, or safety of the product. The product shall therefore work with both the original and an equivalent third-party battery. This has a direct impact on their own brand and private label ranges.

Four Duties That Apply Even When A Derogation Is Used

The derogation list does not provide a general exemption from the applicable requirements. A derogation only changes who replaces the battery, a professional instead of the consumer. The following duties apply in any case:

• Spare parts for five years. The battery shall be available as a spare part for at least five years after the last unit of the model is placed on the market, at a reasonable and non-discriminatory price. Where fasteners cannot be reused, those shall be available too.
• No software lockouts. Software shall not be used to block replacement with a compatible battery. The guidelines point to “parts pairing” (serialization that ties a battery to one device) as a practice that shall not stop repair.
• Instructions and safety information. Products shall come with clear removal, replacement and safety information, made permanently available online on a public website in a way the end user can understand. This includes how to handle and separately collect the waste battery.
• Compatible battery design. The product shall be designed so that safety, performance and functionality are kept with both the original and a compatible replacement battery.

Two Derogation Routes And The New, Longer List

Article 11 gives two ways out of the consumer replaceability rule:

• Partial derogation (Article 11(2)): For the listed product categories, the battery only needs to be removable and replaceable by independent professionals, not by the consumer. The battery shall still come out; it just does not have to be a job that the consumer can do.
• Full derogation (Article 11(3)): The battery need not be removable or replaceable at all where a permanent connection is required for the safety of the user and the device (for example life sustaining medical devices, smoke alarms, certain automotive safety systems), or for data integrity where data collection is the main function of the product and loss of integrity is at stake.

What the 14 July 2026 delegated act changed

The original Article 11(2) list held just two categories (wet environment appliances and professional medical imaging, radiotherapy and IVD devices). Commission Delegated Regulation C (2026) 5031, adopted on 14 July 2026, replaces Article 11(2) in full and expands the list to eight categories. It was adopted after a 2025 call for applications and a public consultation in spring 2026. The categories that now benefit from professional-only replacement are:

	What it covers / key condition
Appliances (incl. wearables) specifically designed to operate primarily in a “wet” environment	Designed to operate primarily in an environment that is regularly subject to splashing water, water streams or immersion, and intended to be washable or rinseable. IP ratings (IEC 60529) are only indicative: IPX4 = splashing, IPX5/6 = jets, IPX7 = immersion.
Professional medical imaging, radiotherapy and IVD devices	As defined under Regulations (EU) 2017/745 and 2017/746.
Wearable devices (miniaturization route)	Small wearables where consumer access to the battery would compromise safety, durability or water resistance, because the device is too small for a safe swap or relies on a compact sealed enclosure.
Electric toys with rechargeable batteries	Where, due to the nature or size of the toy, the derogation is needed for the safety of the toy when used in accordance with Article 10(2) of Directive 2009/48/EC. Time limited: valid until 31 July 2030.
Wireless food probe thermometers	Designed for food contact during food preparation.
ATEX products	Equipment and protective systems for potentially explosive atmospheres (Directive 2014/34/EU).
On body drug delivery systems	Designed for subcutaneous administration of medicinal products.
Agricultural / construction telematics	Roof mounted telematics exposed to harsh vibration, dust and wet conditions.

Please note: as reported in August 2026, the delegated act was still in the European Parliament and Council scrutiny period and had not yet been published in the Official Journal. It enters into force 20 days after publication if neither institution objects. Retailers should treat the categories as close to final but confirm the in force date before relying on them.

Everyday Consumer Products Containing Batteries

Most consumer electronics sold by retailers contain portable batteries and therefore fall under the general rule. A 200 mAh pouch cell in earbuds and a coin cell in a wearable are both portable batteries. There is no minimum size exception. Three practical points stand out:

• Sealed and water-resistant designs need a rationale. The wet appliance and wearable miniaturization routes are not automatic. A high IP rating on its own is not enough. The manufacturer shall document, at the point of placing the product on the market, that consumer replacement would compromise safety and that redesign is not possible with the current state-of-the-art technology.
• Some “battery-like” products fall outside Article 11. Where the main function of a product is to deliver energy to other products (power banks, charging cases for earbuds or hearing aids, jump starters), the product itself is treated as a portable battery, so Article 11 does not apply to it.
• Phones and tablets follow a stricter regime. For smartphones and slate tablets, the EcoDesign rules in Regulation (EU) 2023/1670 take priority and are stricter in places, including a seven-year spare battery duty.

Toys: A Case Worth Reading Closely

Battery powered toys are firmly in scope, and toys were among the most discussed categories during the consultation. The position now is:

• Toys using batteries of general use (for example AA or AAA cells) shall, as a rule, have batteries the consumer can remove and replace. The familiar screw down battery hatch already meets this.
• Electric toys with built-in rechargeable batteries benefit from the new partial derogation: where the nature or size of the toy means consumer access would reduce safety, the battery may be replaced by an independent professional only. This route is time-limited to 31 July 2030.
• The 2030 date is not random. It lines up with the new Toy Safety Regulation (EU) 2025/2509, which applies from 1 August 2030 and requires that toy batteries which are small parts cannot be accessed without a tool, and, where toy safety requires, may be made inaccessible and replaceable by a professional only. The Commission confirms the Article 11(2) toy derogation is consistent with that regime.

For retailers the toy derogation is a bridge, not a permanent way out. Suppliers relying on it should have a documented toy safety justification and a plan for the Toy Safety Regulation regime that applies from 1 August 2030. Even under the derogation, the five-year spare parts, information and no software lock duties still apply.

A note on electric bikes, electric scooters and other LMT products

LMT batteries comply with Article 11(5): the battery, and the individual cells inside the pack, shall be removable and replaceable by an independent professional, not necessarily by the consumer. The five-year spare parts, compatible battery and no software lock duties apply here too. For retailers of micromobility products, the key supplier questions are repairability at cell level by a professional and the availability of spares and service information.

Retail Checklist 

1. Map your range. Identify products with built-in (non-user-replaceable) batteries: wearables, earbuds, grooming devices, rechargeable toys, micromobility.
2. Ask suppliers the right question. For each sealed product: does it meet Article 11(1) consumer replaceability, or is a specific derogation being relied on, and is that reliance documented?
3. Request the evidence. For derogated products, ask for the safety and redesign justification, the IP rating where relevant, and confirmation of the compatible battery design.
4. Check the duties that remain. Confirm five-year spare parts availability, instructions and safety information permanently online and no software that blocks replacement.
5. Watch the toy clock. For rechargeable electric toys, confirm the derogation basis and the plan for the Toy Safety Regulation regime after July 2030.
6. Confirm the legal status. Check when the new derogations are published in the Official Journal before relying on them for design or purchasing decisions.

A note for UK retailers

Article 11 is EU and EEA law. It applies to products placed on the EU market, so it directly affects UK businesses that sell into the EU or source stock intended for the EU. Great Britain has its own regulatory route. Products intended only for the GB market should be assessed separately.

How UL Solutions can help

UL Solutions supports retailers and their supply chains with Article 11 readiness: from removability and replaceability assessments against Regulation (EU) 2023/1542 and the July 2026 guidelines, to gap analyses, derogation eligibility reviews and wider battery and product safety work (including IEC/EN 62368-1 for the end product). Our engineers can review whether a battery and its host product meet the removability, replaceability, spare parts and information requirements.

Contact Katie.Ellen.Moore@ul.com for any further questions or needs.

---

Key sources

• Regulation (EU) 2023/1542 concerning batteries and waste batteries, Article 11 (applies from 18 February 2027).
• Commission Notice C(2026) 5032 final, 14 July 2026: updated guidelines on the removability and replaceability of portable and LMT batteries.
• Commission Delegated Regulation C(2026) 5031 final, 14 July 2026: additional derogations to Article 11(2).
• European Commission (DG Environment) news, 14 July 2026: “Commission adds exemptions to rules on removability of portable batteries.”
• Regulation (EU) 2025/2509 on the safety of toys (applies from 1 August 2030); Regulation (EU) 2023/1670 (EcoDesign for smartphones and tablets); EN 45554:2020; IEC 60529.

This article is provided for general information and awareness. It does not constitute legal advice or a determination of regulatory compliance. Manufacturers, importers and retailers should assess each product against the applicable legal texts and the latest published guidance.