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With the aim of regulating the entire life cycle of batteries, the Battery Regulation (EU) 2023/1542 contains requirements for all phases of the value chain. In addition to the obligations already known from the Battery Directive2 as part of extended producer responsibility, the Battery Regulation introduces numerous innovations for the now five battery types. These range from CE marking with the corresponding conformity assessment procedures to CO2 footprints and innovations in substance restrictions to the digital product passport. In many cases, the regulation only provides the framework – the details of the individual requirements and the addition of further regulatory areas will be specified step by step in the coming years by means of corresponding implementing acts. However, even in areas that do not require implementing regulations under the Battery Regulation, there is still a need for improvement and clarification in order to enable a uniform, clear and unambiguous implementation of the requirements.
The separation of appliances and the batteries they contain is both sensible and necessary for reasons of safety and sustainability. On the one hand, separability helps to ensure proper disposal and recycling of batteries and appliances, but above all it should enable the battery to be replaced during the service life of the appliance. A requirement regulating the ‘removability’ of batteries was already included in Article 11 of the Battery Directive, but in practice it led to difficulties in application due to the numerous undefined terms and interpretation approaches. With the transfer of the requirement to Article 11 of the Battery Regulation, the requirements were substantiated, linguistically revised and now extend not only to portable batteries but also to batteries for light light means of transport, so-called LMT batteries.
On 10 January 2025, as provided for in Article 11(9) of the Battery Regulation, the Commission's guidelines3 on ‘removability and replaceability’ were published in the Official Journal of the European Union. These guidelines are not legally binding, are of an explanatory nature and, like Article 11, are not primarily aimed at producers or manufacturers of batteries, but at the design of products containing batteries, and thus address those placing equipment and means of transport on the market.
According to the Commission's guideline, Article 11 of the Battery Regulation is to apply as a catch-all rule, provided that there are no more specific provisions, such as those currently in force under the Ecodesign regulations for smartphones, slate tablets, etc. under Regulation (EU) 2023/16704. Further special provisions may be added in the coming years in Ecodesign regulations for other product groups.
Below you will find a brief overview of the key requirements that will apply to the removability and replaceability of portable batteries and LMT batteries from 18 February 2027, including the newly published guidelines (in bullet points):
Principle:
In principle, Article 11 stipulates that equipment and LV batteries must be easily removable and replaceable by the end user at any time during the product's lifetime using standard tools. According to the legal presumption (paragraph 6), this requirement is met if, after removal from the appliance or light vehicle, the battery can be replaced by another compatible battery without impairing the functioning, performance or safety of the appliance or light vehicle.
The guideline provides specific guidance on the following terms for this requirement:
Exception to the principle:
Exceptionally, where necessary for the safety of the user and the appliance, washable or rinsable appliances specifically designed for use in an environment where splashing water, hose-directed water or underwater conditions regularly occur, and, independently of safety aspects, professional medical imaging and radiotherapy equipment and in vitro diagnostic medical devices, may be designed that batteries can only be removed and replaced by independent specialists using commercially available tools.
The guideline offers, among other things, concrete assistance for this requirement with regard to the terms:
The guideline also sets out the process by which potential further products can be covered by the exception to the principle in the future: the initiative for this will come from the Commission, taking into account market developments and technical and scientific progress. Market participants will then have three months upon request to provide appropriate evidence of compliance with the conditions set out in paragraph 4.
Exception to the requirement:
Devices whose continuity of power supply must be maintained and where a permanent connection between the product and the respective portable battery is required for reasons of user and device safety or, in the case of products whose primary function is to collect and supply data, for reasons of data integrity, do not need to be removable and replaceable. Here too, more specific guidance is provided on the safety aspects mentioned (especially with regard to medical devices and in vitro diagnostics with regard to the distinction from the aforementioned exception to the principle). In addition, non-exhaustive and non-legally-binding examples are given of devices whose primary function is to collect data and the need for data integrity.
Further considerations on the availability of spare parts (including, where appropriate, fasteners, provided that these cannot be reused during disassembly and reassembly) and software limitations (impact on parts pairing and software notifications when using a non-original replacement battery) round off the guidelines.
On 30 July 2025, the EU Commission published Regulation (EU) 2025/1561 amending the Battery Regulation, which is intended to give economic operators more time to comply with the due diligence obligations set out in the Battery Regulation. Originally scheduled to take effect on 18 August 2025, due to the amendmend the relevant obligations relating to the adaptation of corporate strategy and management systems, the establishment of risk management measures and the associated obligations for independent verification and disclosure will now only take effect on 18 August 2027.
A delay was already apparent at the beginning of the year when the relevant guidelines, which the Commission had originally planned to publish by 18 February 2025, failed to materialise. In accordance with Regulation (EU) 1561, these guidelines will now also be granted a longer period of time – we can expect guidelines for their application to be published on 26 July 2026. Finally, the extension of the deadline also takes into account the fact that the notified bodies for independent review have not yet been established – they are to be given more lead time. Ultimately, however, economic operators are also likely to welcome the additional two years. In the current climate of geopolitical upheaval and economic uncertainty, this will provide more leeway to actually assess supply chains adequately and make any necessary adjustments.
III UPDATE: Calculation methods & documentation format for recycling operators
The gaps in the law are not only being filled for economic operators who place batteries on the market. On 4 July 2025, Delegated Regulation (EU) 2025/606 supplementing the Battery Regulation was published, laying down the method for calculating and verifying the recycling efficiency and material recycling rates for waste batteries and the format for documentation.
The amendment, which will come into force on 24 July 2025, provides recycling operators with the necessary framework to calculate and document recycling efficiency and material recovery targets for lead-acid, lithium and nickel-cadmium batteries, as well as other types of battery, in accordance with harmonised calculation methods. It also requires these targets to be documented in a specified format.
The German implementation law for the Battery Regulation was officially published on 6 October 2025 and came into force the following day. With the Battery Implementation Act (BattIA), which replaces the previous German Battery Act, the Federal Government is fulfilling its obligation under the Battery Regulation to issue specific national regulations. While the implementation largely corresponds to the Battery Regulation, there are some deviations and additions.
For example, in Section 3 No. 1, in connection with the definition of manufacturer introduced under the Battery Regulation, the BattIA stipulates that the term ‘manufacturer’ also includes any distributor who intentionally or negligently supplies batteries from manufacturers that have not been properly registered. This creates a ‘fictitious manufacturer’ via the Battery Regulation.
Another deviation arises from the requirement that ‘proper’ registration is necessary in order to be allowed to supply batteries on the German market. This means that obligated manufacturers must ensure that they register the correct battery category and specify the battery brand, because unlike the Battery Regulation, Section 5(1) BattIA always requires the battery brand to be specified for registration.
In order to take into account the introduction of the new battery categories by the Battery Regulation, the BattIA requires all manufacturers to re-register by 15 January 2026, taking into account the changed battery categories. Existing registrations will be deleted on this date. The BattIA's requirement that, from 1 January 2026, all manufacturers and all battery categories must participate in a producer responsibility organisation (OfH) and that existing take-back organisations must apply for approval as OfHs now poses practical challenges.
As of 20 November 2025, no OfHs have yet been approved by the authorised body 'stiftung ear' (i.e. the foundation for the register of old electrical appliances). This means that companies are currently unable to begin the allocation and registration process and, given the registration deadline of 15 January 2026, there is a risk of marketing bans.
Existing take-back organisations are facing difficulties in the (re)approval process because, according to Section 9 of the BattIA, a security deposit must be provided to 'stiftung ear', the intended calculation basis for which exceeds the requirements of the Battery Regulation. According to the existing take-back organisations, security deposits are due that correspond to at least four times the risk coverage. Even taking into account the contributions to be paid by the manufacturers, this exceeds the respective financial possibilities, according to the take-back organisations. In an urgent letter addressed to the Federal Environment Minister, the existing take-back organisations are therefore calling for a correction of Section 9 BattDG with regard to the calculation of the security deposit, a suspension of enforcement until the correction has been made, and an extension of the registration obligation for manufacturers by three months.
The process surrounding the German implementation of the Battery Regulation thus fits seamlessly into the current uncertain environmental policy regulatory landscape, which makes it difficult for affected companies to prepare and implement the necessary adjustments in a timely manner.
V UPDATE Digital battery passport
Outside of the commission's work, too, aids for better handling of the obligations of the Battery Regulation, which cover the entire battery life cycle, are gradually emerging.
In the future, the digital battery passport will be the central element for communicating a wide range of product attributes. According to Article 77 of the Battery Regulation, from 18 February 2027 every LMT battery, industrial battery (>2 kWh) and electric vehicle battery must have such a digital battery passport.
However, the numerous data points that will be required in a corresponding battery passport raise the question of their availability, quality and granularity at an early stage and ultimately require the timely initiation of corresponding internal company implementation measures. In preparation for the collection of the required data and for the technical implementation of the digital battery passport, but also of the digital product passport as envisaged in Chapter III of the ESPR5 in the future, several consortia and associations from industry and science have started work on standardisation projects in recent years.
With DIN DKE SPEC 99100:2025-02, a comprehensive standard for the data attribute requirements of the battery passport was published at the beginning of 2025. This standard translates the currently existing and other foreseeable legal requirements for a digital battery passport into data points and provides information on how to implement them in practice. This can be a useful source of support for the procedural implementation and for preparing for the collection and procurement of the required data points.
In view of the fact that the framework requirements in the Battery Regulation are often only rough and that the content still requires further specification, many questions remain unanswered in practical application. The step-by-step specification of the requirements in the course of implementing acts, guidelines and, ultimately, standardisation are therefore as welcome as they are necessary in order to support a uniform approach and thus ultimately competitive implementation.
Download of the guidelines
The full text of the European Commission's guidelines on the removability and replaceability of portable batteries and LMT batteries can be opened and downloaded via the following link:
Commission guidelines on the removability and replaceability of portable batteries and LMT batteries
Footnotes:1Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries2Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries3Commission Notice – Commission guidelines to facilitate the harmonised application of provisions on the removability and replaceability of portable batteries and LMT batteries in Regulation (EU) 2023/15424Commission Regulation (EU) 2023/1670 of 16 June 2023 laying down ecodesign requirements for smartphones, mobile phones other than smartphones, cordless phones and slate tablets pursuant to Directive 2009/125/EC5Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products
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Posted on: 2025-11-21 (last amendment)
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