R2R Feedback on Battery Regulation Article 11 Derogations

Publication date: December 2025
Resource added: 2 March 2026

Article 11 of Regulation (EU) 2023/1542 (the Batteries Regulation) requires that, from February 2027, portable batteries and batteries in light means of transport (such as e-bikes and e-scooters) must be removable without specialised tools, heat or solvents.

While certain products benefit from full exemptions (e.g. life-sustaining medical devices or safety-critical equipment), partial derogations are possible in limited cases, including for appliances specifically designed to operate in wet environments. In such cases, batteries must at least be replaceable by independent professionals.

Following a 2025 call for derogation requests, 81 applications were submitted. The European Commission tasked Oeko-Institut and Ramboll Germany with evaluating these requests, publishing their technical assessment in November 2025.

Right to Repair Europe, ECOS, iFixit and DUH welcome the effort to clarify the criteria for granting derogations, particularly the confirmation that all five indicators for wet-environment appliances must be fulfilled.

However, we raise concerns about cases where products were proposed for derogation despite not meeting key criteria, notably:

• Water flossers: Some manufacturers claim sealed designs prevent battery replacement, yet similar models with replaceable batteries already exist on the market. This contradicts the “no way to redesign” requirement.

• Pleasure gadgets: Consultants suggested a category-wide derogation based partly on soldered-in battery designs. However, soldering is a design choice, not a technical necessity. Comparable products with replaceable batteries are already available, demonstrating redesign is possible.

We call for clearer guidance on the “no way to redesign” criterion. If even one comparable product in the same category offers equivalent functionality with a replaceable battery while meeting legal requirements, this should be sufficient grounds to reject a derogation request.

Furthermore, the burden of proof should not rely solely on manufacturers. The European Commission or independent consultants should systematically verify whether comparable replaceable designs exist before granting any derogation.

Ensuring strict and consistent application of Article 11 is essential to make battery replaceability, and the right to repair, a reality in Europe.