Key data
| Regulation | Commission Delegated Regulation (EU) 2026/1770 of 14 July 2026 |
|---|---|
| Regulation it completes | Regulation (EU) 2023/1542 of the European Parliament and of the Council (Battery Regulation) |
| Publication | 22 October 2026 |
| Entry into force | Not specified in the published regulation |
| Affected parties | Manufacturers and distributors of electronic devices with portable batteries |
| Category | European Regulation |
| Year | 2026 |
If you manufacture or distribute portable electronic devices in the European Union, this regulation affects you directly. The Delegated Regulation (EU) 2026/1770, published on 22 October 2026, completes the Battery Regulation (EU) 2023/1542 by precisely defining the cases in which a manufacturer can design a product with a non-removable and non-user-replaceable battery.
The general rule of the Battery Regulation requires that portable batteries be easily removable and replaceable. This new delegated regulation does not eliminate that obligation: it clarifies it by establishing the technical conditions under which a justified exception exists. If your product does not fit those conditions, the general rule applies without exceptions.
What does this regulation establish?
Delegated Regulation (EU) 2026/1770 defines the exceptions to the obligation that portable batteries be easily removable and replaceable by the end user. These exceptions are linked to specific technical requirements of the device that make removable battery design unfeasible or incompatible with the product's performance.
The three technical criteria recognized as a basis for claiming an exception are:
- Water resistance: Devices whose certified waterproofing level would be compromised if the battery were accessible to the end user.
- Structural integrity: Products in which the battery forms part of the structural element of the device and its removal would affect the solidity or safety of the assembly.
- Extreme miniaturization: Devices of reduced size where the available physical space technically prevents a removable battery design without sacrificing essential functionality.
The exception is not automatic: the manufacturer must document and justify that their product meets the technical criteria that support it. Merely citing design difficulty or additional cost is insufficient.
Economic and operational impact
The impact of this regulation materializes in two opposite scenarios for companies in the sector:
| Manufacturer situation | Operational implication | Risk if no action is taken |
|---|---|---|
| Product with justifiable technical exception (water, structure, miniaturization) | Document and accredit the technical criterion to the competent authorities | Product rejection in EU market due to lack of justification |
| Product without valid exception criterion | Redesign the product so the battery is removable and replaceable by the user | Barrier to access to the European market; product not marketable in the EU |
The cost of adaptation varies depending on the product's stage of development. Redesign in the R&D phase has less impact than modification of an already active production line. Companies marketing in the EU that have not reviewed their designs in light of Regulation (EU) 2023/1542 and this delegated regulation assume the greatest economic risk: manufactured products that cannot enter the market represent direct losses in inventory, logistics, and relaunching.
For distributors, the risk is equally relevant: marketing a device that does not comply with the general rule or does not accredit a valid exception can result in withdrawal of the product from the European market.
Who does it affect?
- Manufacturers of smartphones, tablets, and wearables that integrate non-removable batteries by design.
- Manufacturers of devices with waterproofing certification (IP67, IP68, or equivalent) that depend on sealing for their value proposition.
- Manufacturers of wireless headphones, smartwatches, and miniaturized devices where physical space is a limiting factor.
- Manufacturers of portable medical or industrial devices with certified structural integrity requirements.
- Distributors and importers that introduce devices manufactured outside the EU into the European market and must verify regulatory compliance before commercialization.
- R&D and product design departments responsible for validating that new developments comply with the regulation or correctly document the applicable exception.
- Legal and regulatory compliance advisors that support technology sector companies with presence in the EU.
Practical example
A smartwatch manufacturer with IP68 water resistance certification designs its devices with an integrated and sealed battery, which prevents the end user from removing it without compromising the device's waterproofing. Under the general rule of Regulation (EU) 2023/1542, this design would violate the obligation of easily removable battery.
With Delegated Regulation (EU) 2026/1770, this manufacturer can claim the water resistance exception, provided they technically document that removal of the battery by the end user would compromise the device's IP68 certification. If that technical documentation is solid and verifiable, the product can be marketed in the EU without the need for redesign.
In contrast, if the same manufacturer has another product line—for example, a portable GPS tracker without waterproofing certification or structural restriction—that device will not be able to claim any exception and must be redesigned so the battery is replaceable by the end user before it can access the European market.
What should companies do now?
- Audit your product catalog: Identify which devices incorporate non-removable or difficult-to-replace batteries and classify them according to whether they could claim one of the three recognized exception criteria (water resistance, structural integrity, extreme miniaturization).
- Evaluate available technical justification: For each product candidate for an exception, verify whether sufficient technical documentation exists—certifications, engineering reports, design specifications—that accredits the exception criterion to the competent authorities.
- Plan redesigns where no valid exception exists: Products that do not comply with the general rule and cannot justify an exception must enter a redesign process. The sooner this begins, the lower the impact on costs and launch timelines.
- Review the supply and distribution chain: Distributors and importers must require their suppliers to provide compliance or exception documentation before introducing products into the European market.
- Update R&D processes: Incorporate the requirements of Regulation (EU) 2023/1542 and the exceptions of Delegated Regulation (EU) 2026/1770 as design criteria from the initial phase of new product development.
- Consult specialized advice: Since the exception requires documented technical justification, it is advisable to obtain legal and technical advice to ensure that the documentation is sufficient and correct in the face of possible inspections or challenges.
Frequently asked questions
What products can claim the exceptions of Delegated Regulation (EU) 2026/1770?
Devices that can claim the exceptions are those with specific technical requirements that make removable batteries unfeasible: devices with certified water resistance (where sealing would be incompatible with a user-accessible battery), products in which the battery forms part of the device's structural integrity, and devices of extreme miniaturization where physical space technically prevents a replaceable battery design without sacrificing essential functionality.
What happens if my product does not comply with the general rule and has no valid exception?
If a device does not comply with the general obligation of easily removable and user-replaceable battery, and the manufacturer cannot document a recognized exception, the product cannot be marketed in the European market. This represents a direct access barrier that can result in product withdrawal, inventory losses, and need for redesign.
When does Delegated Regulation (EU) 2026/1770 enter into force?
The entry into force date is not specified in the published information of the regulation. The official publication date is 22 October 2026. It is essential to consult the full text of the regulation in the EU Official Journal to know the exact application date and any transitional periods.
How should a manufacturer document that their product meets the exception criteria?
The manufacturer must accredit through verifiable technical documentation—waterproofing certifications, structural engineering reports, design specifications—that the product meets the applicable exception criterion (water resistance, structural integrity, or extreme miniaturization). The exception is not automatic and is not based on a generic statement: it requires concrete technical justification to the competent authorities.
Does this regulation also affect distributors and importers, or only manufacturers?
It also affects distributors and importers. Any company that introduces portable electronic devices into the European market must verify that products comply with the general removable battery rule or that the manufacturer has correctly documented the applicable exception. Marketing a non-compliant device can result in withdrawal of the product from the EU market.
Official source
Consult complete regulation at official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601770
