C/2025/12 Commission Notice – Commission guidelines to facilitate the harmonised application of provisions on the removability and replaceability of portable batteries and LMT batteries in Regulation (EU) 2023/1542
5. OTHER CONSIDERATIONS
Concept of compatible battery
The concept of compatible battery is referred to in Article 11 (6) and (8) as a condition for a portable or LMT battery to be considered readily replaceable.
This means that all batteries and their respective devices have to be designed in a way that makes it possible to use both original and compatible batteries.
A battery is considered to be compatible if it does not pose a risk to the user’s or the device’s safety, while allowing the device to operate as intended.
For batteries consisting of multiple cells, a cell is considered to be compatible if it does not render the battery pack unsafe, while having the same technical parameters, including its capacity, state of health, design and chemistry.
For products incorporating batteries that are subject to type-approval under Regulation (EU) No 168/2013, a battery is considered to be compatible only if the replacement of the original battery has no impact on the product’s type-approval specifications.
In the case of LMT batteries for non-type approved LMT vehicles, battery replacement, including at cell level, should be possible and done in a way that original safety certifications are not rendered invalid, applicable safety protocols are observed and standards are in line with the manufacturer’s recommendations.
Similarly, a replacement battery is not considered to be compatible in cases where such replacement would result in violation of any product safety requirements provided for in other applicable EU harmonisation legislation.
The design of batteries and devices therefore has to ensure that the conditions related to safety, performance and functionality can be met both by original and compatible batteries.
It is strongly recommended to include instructions for the replacement of portable and LMT batteries in the user’s manual or other relevant documentation, as well as the technical specifications that compatible batteries need to meet in order to be safe, with references to EU or international standards, if necessary.
Availability as spare parts
Article 11(7) requires that portable batteries or LMT batteries are available as spare parts of the equipment that they power, for a minimum of five years after placing the last unit of the equipment model on the market, with a reasonable and non-discriminatory price for independent professionals and end users. For guidance, similar provisions in other existing EU harmonisation legislation, such as ecodesign implementing regulations, require the delivery of the spare part within five working days after having received the order.
Such requirement is not applicable to products placed on the market that incorporate portable or LMT batteries before the date of entry into force of Article 11, which is 18 February 2027.
The replacement of a portable or LMT battery may require physical elements, such as fasteners, other than the battery itself. If the disassembly and re-assembly of the battery requires reusable fasteners, these can be reused for the replacement. If the fasteners are not reusable, such fasteners should also be available as spare parts so the battery can be easily replaced.
Regulation (EU) 2023/1670 requires that, from 20 June 2025, manufacturers, importers or authorised representatives of phones make available to professional repairers and end users portable batteries (16), including required fasteners, if not reusable, until at least seven years after the date of end of placement on the market.
As stated in Recital (38) of Regulation (EU) 2023/1542 ‘the general provisions of this Regulation […] could be complemented with requirements laid down for particular products powered by batteries under implementing measures under Directive 2009/125/EC’. In cases where both Regulation (EU) 2023/1542 and Regulation (EU) 2023/1670 are applicable to portable batteries incorporated in smartphones and slate tablets being available as spare parts, the requirements outlined in both pieces of legislation therefore apply.
Software limitations
Article 11(8) requires that software shall not be used to impede the replacement of a portable battery or LMT battery, or of their key components, with another compatible battery or key components.
While software can be used to establish communication between a product and a replacement battery to ensure the correct functionality and safety of the product, such software should not impede the replacement of the original battery with a compatible battery as described above.
An example of software that impedes replacement is the practice known as ‘parts-pairing’. This is made possible by serialisation of some spare parts (including batteries) that are paired to an individual unit of a device using software. When serialisation leads to pairing a part to a product unit, it can be detrimental to repair. In such cases, if a product component, including a battery, needs replacing during a repair, it might not be accepted, or might lose some of its functionality unless remotely paired to the device again via software controlled by the original manufacturer.
Under Regulation (EU) 2023/1670 manufacturers, importers or authorised representatives of smartphones and slate tablets that provide as spare parts serialised parts, must provide non-discriminatory access for professional repairers to any software tools, firmware or similar auxiliary means needed to ensure the full functionality of those spare parts and of the device in which such spare parts are installed during and after the replacement (17).
As stated in Recital (38) of Regulation (EU) 2023/1542 ‘the general provisions of this Regulation […] could be complemented with requirements laid down for particular products powered by batteries under implementing measures under Directive 2009/125/EC’. In cases where both Regulation (EU) 2023/1542 and Regulation (EU) 2023/1670 are applicable to portable batteries incorporated in smartphones and slate tablets, the requirements outlined in both pieces of legislation on serialisation apply.
Considering the above, software notifications to consumer informing them that a non-original spare battery is in use can be provided, as long as such notifications do not affect any functionality of the device (or the compatible battery) or the user experience. At all times, repair replacement should not be impeded in any way by software.