Additional derogations

In addition to the above-mentioned derogations already included in Article 11(2), the Commission is empowered to adopt delegated acts by adding further products to be exempted from the removability and replaceability requirements laid down in Article 11(1). Such delegated acts are to be adopted only on account of market developments and technical and scientific progress, and provided there are scientifically grounded concerns over the safety of end-users removing or replacing the portable battery, or where there is a risk that the removal or the replacement of the battery by end-users would be in violation of any product safety requirements provided for by applicable EU law. In order to follow a structured approach in considering which candidate products to be included in a delegated act under the above-mentioned empowerment, the Commission will regularly publish calls for application. When the first call is published, applicants wishing to demonstrate that candidate products fulfil the conditions laid out in Article 11(4) will have the possibility to submit evidence, for a period of three months, to explain that the requirement on the removability and replaceability of portable batteries by the end-user poses risks to the safety of the end-user or risks the violation of any product safety requirements provided for in applicable EU law. Applicants will be required to submit an application form with the following information: company name, address and contact details of the applicant product category technical documentation supporting the case for a derogation other relevant information The Commission will assess the documentation on the candidate products for additional derogations and, if justified, will propose adopting a delegated act under Article 11(4) in due course. Given that this empowerment has been granted to the Commission on account of market development and technical and scientific progress, the Commission intends to periodically repeat the exercise explained above. This could lead to the adoption of further delegated acts with additional derogations.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.