The European Commission has published guidelines on the application of Article 11 of the EU Batteries Regulation, focusing on the removability and replaceability of portable and light means of transport (LMT) batteries. These guidelines, while not legally binding, provide clarity on several provisions. They define key terms, such as what constitutes an “independent professional” for battery replacement. However, the guidelines state that a battery is considered readily removable if it can be taken out with commercially available tools rather than basic tools. This could limit accessibility for users and contradicts existing Ecodesign regulations, according to Right to Repair.
Partial exemptions for wet environment products
The guidelines confirm that some products designed to function primarily in wet environments may qualify for partial derogations from Article 11. In such cases, batteries only need to be replaceable by an independent professional rather than an end-user. The criteria for these exemptions remain robust, requiring clear evidence in product documentation. However, a significant typo in the guidelines erroneously states that ingress-protection (IP) ratings are "sufficient" to prove compliance. This mistake could lead to misinterpretations and must be corrected.
Smartphones and tablets largely exempt
One major missed opportunity is the failure to ensure that all smartphone and tablet batteries remain user replaceable. The guidelines defer to Ecodesign regulations for smartphones and tablets, which take precedence over the Batteries Regulation. This decision could create a harmful precedent, reinforcing the misconception that durability and repairability are mutually exclusive.
Spare battery availability and pricing concerns
The guidelines require that both original and compatible batteries remain available for at least five years after the last unit of a product is placed on the market. Additionally, software practices that restrict replaceability, such as parts-pairing, are prohibited. However, while spare batteries should be sold at a reasonable price, no clear definition of "reasonable" is provided. Research suggests that consumers avoid repairs when costs exceed 30% of a new product’s price, meaning a lower proportional threshold for spare battery costs would be beneficial.
Advocacy for stronger consumer rights
Ensuring accessible and affordable battery replacement is key to a universal right to repair. As the EU Batteries Regulation’s Article 11 comes into force in February 2027, Right to Repair Europe and other advocacy groups will continue to monitor the implementation of these guidelines and push for clearer regulations that prioritize consumer repairability and sustainability.
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