This post outlines the specific removability and replaceability requirements that the SBR will impose on portable batteries and light means of transport ("LMT") batteries (e.g., batteries for electric bicycles) marketed in the EU/EEA as of around September/October 2026. The new requirements will oblige producers of appliances to introduce design changes to their appliances and the batteries they incorporate. Moreover, clarifying the details of such requirements is likely to create much controversy and debate among the European Commission, Member States and other stakeholders within the next two years. In effect, the SBR leaves it to the Commission to adopt guidelines interpreting the different removability and replaceability requirements.
The post also briefly mentions the political compromise that the European Parliament and Council reached on the removability and replaceability of electrical vehicle batteries and "starting, lighting and ignition" ("SLI") batteries, and its emphasis on ensuring that such batteries be removable and replaceable by "independent professionals" (and not just authorized dealers).
Removability and Replaceability Requirements for Portable Batteries and LMT Batteries
While we expect that the EU legal linguistic experts will have to introduce some edits, Article 11 of the SBR imposes different removability and replaceability requirements for portable batteries than for LMT batteries.In turn, it would exempt from the removability and replaceability requirements portable batteries where continuity of power supply is necessary and a permanent connection between the device and the portable battery is required to ensure the safety of the user and the appliance, or for products that collect and supply data as their main function, if this is necessary for "data integrity reasons."
Portable Batteries
The SBR defines portable batteries as any battery that is sealed, weighs below or equal to 5 kg, is not designed specifically for industrial uses, and is not an electric vehicle, LMT or SLI battery. As from 42 months after the entry into force of the SBR, producers marketing devices incorporating such portable batteries must ensure that the batteries are "readily removable and replaceable" by the "end user" at any time during the lifetime of the device. Thus, the general rule for portable batteries is that it must be possible for the end user, and not a qualified professional, to remove and replace the batteries "at any time during the lifetime of the product." This wording also suggests that the Commission and Member States could take the position that portable batteries should be removable from appliances and replaceable "at any time" even if the appliance has a shorter life than that of the batteries.
Article 11(1) of the SBR also clarifies that a portable battery is "readily removable" by an end user, if it can be removed "with the use of commercially available tools" without requiring the use of: "specialized tools" unless they are provided free of charge with the product, "proprietary tools," "thermal energy" or "solvents." A recital of the SBR also explains that "commercially available tools are tools available on the market to all end users without the need for them to provide evidence of proprietary rights and that can be used with no restriction, except for health and safety reasons."
Producers marketing electronic devices incorporating portable batteries will also be required to ensure that their devices are accompanied by instructions and safety information on the use, removal and replacement of the batteries. The instructions and safety information must be posted online in a publicly available website in a manner that is easily understandable for end users.
Article 11 establishes two exceptions to the general rule that portable batteries must be removable and replaceable by end users. Devices incorporating portable batteries may be designed in such way as to make their batteries removable and replaceable only by "independent professionals" if they are:
1.万博体育app手机登录specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion and that are intended to be washable or rinseable.
Article 11(2) adds that this derogation is only applicable where removability and replaceability by an independent professional is necessary to ensure the safety of the user and the appliance. A recital of the SBR further tightens the derogation, stating that it "should only apply when it is not possible, by way of redesign of the appliance, to ensure the safety of the end user and the safe continued use of the appliance after the end user has correctly followed the instructions to remove and replace the battery" (emphasis added). Arguably, the Commission will have to refer to socio-economic and technical feasibility considerations when adopting guidance defining the scope of what is "not possible."
The same recital also suggests that a device is designed to "operate primarily" in a water environment if it is "specifically designed to be used, for a majority of the active service of the appliance" in a water environment.
2.professional medical imaging and radioactive devices.
Article 11 also empowers the European Commission to introduce additional derogations for other types of devices whose portable batteries may only be removable and replaceable by independent professionals, instead of end users. However, the Commission may do so only if the additional derogation is necessary to take into account technical and market developments and there are scientifically grounded concerns over the safety of end users removing or replacing the portable batteries, or such removability or replaceability by end users risks being in violation of other EU product safety rules.
The SBR does not define "independent professionals." However, such category of professionals also includes those that are not dealers authorized by the manufacturers of the devices. The Commission's guidelines may have to provide criteria on the qualifications that such professionals must meet in order to ensure the safety of end users and the devices.
LMT Batteries
The SBR defines LMT batteries as those that are sealed and weigh below or equal to 25 kg, are designed to provide electric power for the traction to wheeled vehicles that can be powered by an electric motor alone or by combination of motor and human power, including type-approved vehicles of category L under Regulation 168/2013, and are not electric vehicle batteries (e.g., batteries for electric bicycles). As from 42 months from the entry into force of the Regulation, producers marketing devices incorporating LMT batteries in the EU/EEA must ensure that the batteries are readily removable and replaceable "at any time during the lifetime" of the device.
However, in contrast with the requirements for portable batteries, the LMT must be removable and replaceable by "independent professionals," and not end users. Moreover, in the case of LMT batteries, the removability and replaceability requirements also apply to the battery cells included in the battery pack.
Replaceability Requirements
At the last moment of the EU's legislative negotiations, the European Parliament and Council introduced a confusing second subparagraph to Article 11(5) that seems intended to define the "replaceability" requirements for both portable batteries and LMT batteries. This is despite the fact that the first subparagraph of Article 11(5) regulates the removability and replaceability of only LMT by professional users.
In particular, as currently drafted, the second subparagraph of Article 11(5) states that a portable and LMT battery is "readily replaceable" if after its removal from an appliance or light means of transport, "it can be substituted by a similar battery, without affecting the functioning or the performance or safety of that appliance or light mean of transport." While unclear, the Commission and Member State authorities could take the view that the obligation to ensure that the battery can be substituted by a "similar" battery, "without affecting the functioning or the performance of the appliance or light mean of transport" also applies when an end user, and not only an independent professional, removes and replaces the portable battery from the device.This view could be supported by the fact that the subparagraph also contains a requirement on producers to ensure that portable and LMT "batteries be available as spare parts of the equipment they power for a minimum of five years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent professionals and end users" (emphasis added).
The guidelines that the Commission is expected to adopt, will also have to clarify this second subparagraph of Article 11(5). Among other things, we anticipate that the guidelines will have to take into account the Sale of Goods Directive when interpreting the subarapgraph's removability requirements. In any event, the use of the term "similar" suggests that producers must ensure that portable and LMT batteries in appliances can be replaced by batteries that are not identical, and therefore arguably can also be competing batteries, as long as they do not affect the performance or safety of the appliance.
It is also possible that this subparagraph to Article 11(5) may be slightly edited (e.g., it may be converted into a separate paragraph) before the SBR is published.
Removability and Replaceability Requirements for Electric Vehicle Batteries and SLI Batteries
In the end, the European Parliament and Council decided to drop the specific removability and replaceability requirements for automotive batteries, industrial batteries and electric vehicle batteries that the European Parliament had proposed. Instead, a recital to the SBR states that "SLI batteries and electric vehicle batteries incorporated in motor vehicles should be removable and replaceable by independent operators." The same recital adds that for the purpose of the design, manufacturing and the repair of SLI batteries and electric vehicle batteries, "manufacturers should provide the relevant vehicle on-board diagnostic information and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for [category M, N, and O] vehicles." The SBR defines a SLI battery as a battery "designed to supply electric power for starter, lighting, or ignition and [that] may also be used for auxiliary or backup purposes in vehicles, other means of transport or machinery."
Thus, the recital calls for an opening up of the market of SLI and electric vehicle batteries. This is in line with the obligations that the Regulation on the Type Approval of Vehicles imposes on vehicle manufactures to provide independent operators with OBD information and vehicle repair and maintenance information. However, it is unclear how this will work in practice taking into account the warranty terms of electric vehicle manufacturers.
The recital also indicates the willingness of the Council and Parliament that a future amendment of the End of Life Vehicles Directive include provision on joining, fastening and sealing elements to ensure that the SLI batteries and electric vehicle batteries can be removed, replaced and disassembled.
Next Steps
The SBR's new removability and replaceability requirements will apply to portable and LTM batteries and devices and means of transport containing them that are marketed as of (around) the second half of 2026. Nevertheless, businesses and their trade associations should already assess the impact of the new requirements on their products and batteries. They should also try to contribute to the Commission's adopting of interpretative guidelines and the possible introduction of additional exceptions to the obligation to ensure that portable batteries be readily removable and replaceable by end users. We expect that during the next two years the Commission will hold one or more public consultations before issuing the guidelines and exceptions.
The European Parliament and Council are in the last stages of the legislative procedure to adopt a Regulation on Batteries and Waste Batteries ("Sustainable Batteries Regulation"), which the European Commission proposed in December 2020. Among other many requirements, the proposed Sustainable Batteries Regulation will require manufacturers to ensure that the portable batteries contained in their electronic devices are removable and replaceable. These requirements will apply to a large variety of electronic devices, including household appliances, IT, telecommunications equipment, and medical devices. They are part of a broader sustainable products package that includes other legislative proposals, such as the Commission proposal for a Regulation on Ecodesign Requirements for Sustainable Products and an upcoming legislative initiative on the right to repair, and will require manufacturers to redesign the electronic devices that they market in the European Union and European Economic Area ("EU/EEA").
The European Parliament and Council adopted their position at first reading and common approach, respectively, in March 2022, and they are now in so-called "Trilogue" negotiations to try to reach an agreement on the final wording of the Regulation. They expect to hold their third Trilogue meeting in early October and to adopt the Regulation by the end of the year. The removability and replaceability requirements on portable batteries are likely to apply as of early 2025.
Below we outline the Parliament's and Council's main positions on the replaceability and removability requirements as well as those aspects for which they have already reached a provisional agreement.
The Removability and Reparability Requirements
The draft used in preparation of the second Trilogue meeting of June 30 ("Second Trilogue Draft") indicates that the EU institutions agree that as "[f]rom 24 months after the entry into force of the [Sustainable Batteries Regulation] any natural or legal person that places on the market products with portable batteries […] incorporated, shall ensure that those portable batteries […] are designed in such a manner to be readily and safely removable and replaceable by the end-user or by independent operators during the lifetime of the appliance […], if the batteries have a shorter lifetime than the appliance […], or at the latest at the end of the lifetime of the appliance."
The current Batteries and Waste Batteries Directive 2006/66 already requires manufacturers to "design appliances in such a way that waste batteries [..] can be readily removed." The WEEE Directive 2012/19 also requires that batteries be removed from any "separately collected [waste electrical and electronic equipment]." The Sustainable Batteries Regulation's requirements on removability and replaceability are intended to ensure the enforcement of the obligation to remove the batteries to allow their recycling and to prolong the expected lifetime of the appliances they are part of. While the Second Trilogue Draft's wording is unclear, the removability and replaceability requirements are likely to be interpreted as requiring that portable batteries be removable and replaceable if their lifetime is shorter than that of the appliances in which they are contained, and that they be removable at the end of the lifetime of the appliances. This could suggest that portable batteries do not need to be replaceable if their lifetime is the same or longer than that of the appliances in which they are contained.
The Council is proposing that a battery should be considered as "readily removable" "where it can be removed from an appliance […] without the use of specialized tools, thermal energy, or solvents to dissemble." A battery would be replaceable "where, after its removal from an appliance […] it can be substituted by a similar ["compatible" according to the Parliament] battery without affecting the functioning or the performance or safety of that appliance."
The European Parliament is also proposing prohibiting manufacturers from using software "to affect the replacement of a portable battery […] or of their key components with another compatible battery or key component."
The Parliament's proposal to ensure that portable batteries can be substituted by "compatible," rather than "similar," portable batteries is intended to ensure that batteries can be replaced by batteries that are not of the same brand or from the same manufacturer.The Parliament also proposes to require that manufacturers keep available portable batteries as spare parts of the appliances they power for a minimum of ten years after placing on the market the last unit of the same model "with a reasonable and non-discriminatory price for independent operators and end-users."
To What Batteries and Appliances Would the Requirements on Removability and Replaceability Apply?
The Second Trilogue Draft defines a portable battery as any battery that: (i) is sealed, (ii) weighs below or equal to five kilograms, (iii) is not designed specifically for industrial uses, and (iv) is neither an electric vehicle battery, nor a light means of transport battery, nor a starter, lighting or ignition power battery of a motor vehicle.万博体育app手机登录A battery is "any ready for use, source of electrical energy generated by direct conversion of chemical energy, having internal or external storage, and consisting of one or more non-rechargeable or rechargeable battery cells, modules or packs of them, including a battery that has been subject to preparing for re-use, preparing for repurpose or repurposing, or remanufacturing." It also defines an "appliance" as any "electrical and electronic equipment" that is fully or partly powered by a battery or is capable of being so."
In practice, the removability and replaceability requirements will apply to portable batteries contained in a wide variety of electrical devices, including household appliances, IT and telecommunications equipment, consumer and lighting equipment, electronic tools, toys and leisure equipment, medical devices, monitoring equipment, and automatic dispensers. However, the reference of the definition of appliance to the WEEE Directive 2012/19 suggests that the removability and replaceability requirements may not apply to all products containing batteries. For example, it is unclear whether the requirements would apply to teddy bears with an electronic function.
The Second Trilogue Draft imposes identical requirements on batteries for light means of transport (e.g., electrical bicycles), and the European Parliament is also proposing to impose similar requirements on automotive batteries, electric vehicle batteries and industrial batteries.
Who Should Be Able to Remove and Replace the Portable Batteries?
The Second Trilogue Draft indicates that the Parliament and Council have reached a provisional agreement in that the manufacturer of the appliances may choose between ensuring that the portable batteries be removable and replaceable by an end-user or by an independent operator. However, as with the EU rules on the type approval of vehicles (see e.g., Regulation 2018/858), the EU institutions intend to ensure that manufacturers may not limit the possibility to remove and replace the batteries to only their dealers. The Draft defines an independent operator as a "person who is independent from the manufacturer and the producer and is directly or indirectly involved in the repair, maintenance or repurposing of batteries, and include waste management operators, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services […]."
The Parliament would also require manufacturers of appliances to provide their customers at the time of purchase of the appliances and permanently online with "clear and detailed instructions for removal and replacement" of the portable batteries.
The Council also proposes that in the case of appliances "designed to operate normally in a wet environment" the portable batteries shall be removable and replaceable "only by qualified independent operators." The concept of "qualified" independent operator would have to be defined in the guidance on the removability and replaceability requirements that the Commission is mandated to adopt and/or by Member State legislation.
Possible Exemptions
The European Parliament and Council are likely to agree that the removability and replaceability requirements should not apply to portable batteries where the "continuity of power supply is necessary and a permanent connection between the [appliance] and the [respective] portable battery is required for safety, medical or data integrity reasons." The Parliament is also proposing to grant an exemption where "the functioning of the battery is only possible when the battery is integrated into the structure of the appliance and it can be proved by the manufacturer that there is no alternative available on the market." The Second Trilogue Document suggests that the Parliament and Council have provisionally agreed that the removability and replaceability requirements should only apply to battery packs as a whole and not to individual cells or other parts included in the battery pack.
环境保护局发布三份信息请求 关于回收问题,这是分配资金和执行去年《基础设施投资与就业法》(通称双党基础建设法)所载任务的第一步EPA请求信息程序主要面向改善消费者垃圾回收:
图类高度:自动机abjectivity-left数据对齐>IIJAsec70401bbrbrbrbrbrbr>(2) 建立程序促进电池回收,为电池生产者和消费者开发电池和其他形式的通信材料自愿标签指南,说明电池关键材料的复用和回收IIJAsec70401cabr+++br+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++br信息电池回用和回收通信素材面向电池生产者和消费者EPA在每个类别中列出了一系列关于当前回收实践的具体问题,例如:The current recycling rate in the United States—about 32 percent—is well below what it could be. EPA has set a target of 50% by the end of the decade, and last year published the agency's first ever national recycling strategy. These requests for information focus on some of the most commonly cited reasons for the low rate, including consumer attitudes toward recycling and poor infrastructure in many parts of the country.
The RFIs should be of interest to a broad set of stakeholders. EPA's desire to better understand battery recycling practices is of particular note, given the prevalence of batteries in modern consumer products, and the importance of energy storage solutions to the Biden Administration's climate goals. The guidelines developed by EPA could ultimately become the basis for either federal or state mandatory requirements. Manufacturer take-back programs are also specifically mentioned, suggesting that EPA may eventually consider extended producer responsibility for these products, a trend that is prevalent in a number of states.响应这些请求的书面评论和信息必须在2022年7月25日或之前收到。 EPA资源保护恢复局今年将在全国各地主办虚拟会议。