Brussels lets wearables keep sealed batteries repairable only by professionals

The European Commission has ruled that smartwatches, fitness trackers and smart glasses may be designed with batteries that only independent repair professionals can remove and replace, easing the end-user repairability duty that EU battery law imposes from 2027. The decision is contained in Commission Delegated Regulation (EU) 2026/1770 of 14 July 2026, published in the Official Journal of the European Union, L series, on 22 October 2026.

The delegated act supplements Regulation (EU) 2023/1542 on batteries and waste batteries, in force since 17 August 2023, and is adopted under Article 11(4) of that regulation. Its single substantive article rewrites Article 11(2), the list of products exempted from the general rule that portable batteries must be removable and replaceable by end users — defined in the accompanying guidance as any person of legal age with no specific experience or qualifications in battery replacement.

The Commission justifies the move on grounds of legal certainty: the use of wearables, described as portable electronic devices worn on the body and often fitted with sensors and connectivity to collect and transmit data, “has increased significantly” since the batteries regulation was adopted. Their miniaturised cells are frequently so tightly encapsulated that removal creates a non-negligible risk of damage or piercing, and where anatomy or ergonomics hinder redesign, professional-only replacement is warranted.

What the new derogation covers

Article 1 of the delegated regulation replaces Article 11(2) with eight categories of product whose batteries may be removable and replaceable only by independent professionals:

• Appliances, including wearable devices, designed to operate primarily where splashing water, water streams or immersion occur and intended to be washable or rinseable.
• Professional medical imaging and radiotherapy devices, and in vitro diagnostic medical devices, as defined in Regulations (EU) 2017/745 and (EU) 2017/746.
• Wearable devices whose safety, durability or water resistance may be compromised by user access to the battery and which are too small to handle safely or rely on a compact, sealed enclosure against dust and shock.
• Electric toys incorporating rechargeable batteries, until 31 July 2030.
• Wireless thermometer probes specifically designed for food contact during food preparation.
• Products within the scope of Article 1 of Directive 2014/34/EU on equipment for potentially explosive atmospheres.
• On-body delivery systems designed for subcutaneous administration of medicinal products.
• Telematics devices intended for roof-mounted installation on agricultural and construction machinery.

For every category except the medical devices, the derogation applies only where it is required to ensure the safety of the user and the appliance.

Safety risks cited by the executive

The recitals set out the hazards behind each carve-out. End-user access to a sealed food thermometer probe could damage its sealing and let leaked chemicals contaminate food; in explosive atmospheres, user replacement could breach the safety requirements of Directive 2014/34/EU; on-body delivery systems could malfunction and administer medication falsely; roof-mounted telematics units are maintained by certified personnel with the necessary training and tools. On toys, the Commission notes that Regulation (EU) 2025/2509 on toy safety, applicable from 1 August 2030, will require batteries forming small parts to be inaccessible without a tool, making a temporary derogation appropriate until then.

Entry into force and the repair trade-off

The regulation enters into force on the twentieth day following publication, which places the date at 11 November 2026, and is binding in its entirety and directly applicable in all Member States. The underlying Article 11 obligations apply from 18 February 2027. Published the same day, Commission Notice C/2026/5531 updates the Commission’s guidelines, revised in spring 2026, which define “independent professionals” as independent operators with the technical competence and qualification to repair the product, working on a commercial basis or in commercial premises, and which set out the five indicators and the IPX4 to IPX7 water ratings used to identify wet appliances.

The practical effect is a narrower repair market for the fastest-growing consumer electronics segment. Manufacturers gain certainty that sealed, waterproof designs will not be treated as non-compliant, while owners of smartwatches, fitness bands and smart glasses lose the right to swap a degraded cell themselves and must turn to a qualified commercial repairer. The Commission retains the power to add further product categories by delegated act, and says it will publish periodic calls for applications, giving applicants three months to submit evidence that end-user replacement poses safety risks.

Source: Official Journal of the European Union, L series, No 2026/1770, 22 October 2026, p. 1–3 (official reference: Commission Delegated Regulation (EU) 2026/1770; ELI: http://data.europa.eu/eli/reg_del/2026/1770/oj).