The European Commission has announced exemptions to its current battery regulation that will save six new categories of electronics from having to have user-replaceable batteries, including wearable devices like smartwatches. The European Union started enforcing its new Batteries Regulation in 2023 as part of the European Green Deal, but the replaceable batteries requirement doesn’t go into effect until 2027. The regulation has already forced Nintendo to announce a new version of the Switch 2 with a user-replaceable battery.
Wearables, certain medical devices, electronic toys, portable thermometers, roof-mounted telematics devices and devices designed to be used in “explosive atmospheres,” are now exempt from having to have user-replaceable batteries, according to the Commission’s draft exemptions. In terms of what actually qualifies as a wearable, the commission lists “smartwatches, fitness trackers, smart glasses or other electronic devices integrated into clothing and other accessories” as being exempt. While these new devices don’t need to have user-replaceable batteries, many will still have to be repairable by a trained professional. Also, even though the draft doesn’t list wireless earbuds by name, devices like Apple’s AirPods may fall under the exemption as “wearable devices for which the safety, durability, or water resistance may be compromised by user access to the battery.”
Smartphones are not exempt from the battery rule, but the current regulation allows for battery repairs that aren’t as simple as popping off the back and slotting in a new battery. Per the current law, provided replacements don’t require things like specialized tools (or those specialized tools are provided by the phone maker) and replacements don’t effect the safety of the smartphone, then they’re allowed by the EU. Apple’s Self Service Repair program appears to qualify, for example.
With the draft exemptions adopted by the Commission, they’ll now be submitted to the EU Parliament and the Council of the EU for further scrutiny. Assuming that there’s no objections, the exemptions will be enforced 20 days after they’re published in the Official Journal of the EU.
When the EU adopted its new regulation around batteries, it was positioned as being part of building a greener, circular economy. Forcing companies to provide devices with replaceable batteries “will extend the life of these products before their final disposal, will encourage re-use and will contribute to the reduction of post-consumer waste,” the Commission wrote at the time. Attempts to introduce similar protections in the US have been more of a mixed bag. States like California, Minnesota, New York and Oregon have their own right-to-repair laws, but trying to offer some kind of federal right-to-repair rule has been largely abandoned.
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