Portable Batteries under the EU Battery Regulation: Definition, Obligations and Deadlines

Regulation (EU) 2023/1542, applicable since 18 February 2024 (Article 96(2)), sorts every battery into five categories: portable, LMT, SLI, industrial and electric vehicle (Article 1(3)). This page covers the definition, boundaries, duties and dates under the EU Battery Regulation.

What Is a Portable Battery?

Article 3(1), point (9), of Regulation (EU) 2023/1542 defines a portable battery as "a battery that is sealed, weighs 5 kg or less, is not designed specifically for industrial use and is neither an electric vehicle battery, an LMT battery, nor an SLI battery". It is unchanged as of 13 November 2026 (consolidated text on EUR-Lex).

The Four Conditions of the Definition

A battery is portable only when the four conditions of Article 3(1), point (9), are all met, as the table sets out.

The Regulation says "5 kg or less", so a battery of exactly 5 kg is portable, while a heavier battery that is neither an electric vehicle, LMT nor SLI battery is industrial under Article 3(1), point (13). Article 3 gives no definition of "sealed".

Portable Batteries of General Use: The Nine Formats

A portable battery of general use is a portable battery, whether or not rechargeable, that is specifically designed to be interoperable and has one of the nine common formats listed below (Article 3(1), point (10)).

• 4,5 Volts (3R12)
• Button cell
• D
• C
• AA
• AAA
• AAAA
• A23
• 9 Volts (PP3)

The sub-type carries two duties of its own. General-use batteries, except button cells, must meet the Article 9 performance values set out below, and producers report the general-use batteries they place on the market as a separate item (Article 75(1)(b)).

Where the Portable Category Ends: LMT, SLI, Industrial and EV Batteries

Portable is the residual category for batteries of 5 kg or less: a battery that meets the definition of an LMT, SLI or electric vehicle battery, or that is designed specifically for industrial use, is not portable, whatever its weight. The overview of all five battery categories shows the order of that check.

Recital 15 gives examples: toy-vehicle traction batteries are portable, e-bike and e-scooter batteries are LMT, and home storage batteries are industrial. Cells or modules made available for end use without further assembly are batteries of the most similar category (Article 1(4)).

The table compares the five definitions.

Obligations for Portable Batteries by Requirement

Portable batteries carry eight groups of obligations under Regulation (EU) 2023/1542: substance limits, end-user removability, labels and markings, performance values for general-use formats, conformity assessment, producer registration, collection and take-back, and operator-based due diligence. The table gives the provision and date for each, including the four groups that do not apply.

Substance Limits: Mercury, Cadmium and Lead

Portable batteries may not exceed 0.0005 % mercury, 0.002 % cadmium and, since 18 August 2024, 0.01 % lead by weight (Annex I, entries 1 to 3), with zinc-air button cells exempt from the lead limit until 18 August 2028. Mercury and cadmium limits have applied since 18 February 2024.

Regulation (EU) 2026/1738 (Article 53 and Annex XII) replaced Annex I with effect from 13 August 2026, keeping the portable values. It adds 0.1 % lead in homogeneous material for portable batteries incorporated in M1 and N1 vehicles, with exemptions, as listed under restricted substances.

End-User Removability from 18 February 2027

From 18 February 2027 any natural or legal person that places on the market a product incorporating portable batteries must design it so that the end-user can readily remove and replace them with commercially available tools (Article 11(1) and Article 96(2)(a)). Proprietary tools, thermal energy and solvents do not count.

Delegated Regulation (EU) 2026/1770, adopted on 14 July 2026 and in force since 11 November 2026, replaces the Article 11(2) derogations with the eight product groups listed below (text on EUR-Lex).

• Wet-condition appliances, including wearables (a)
• Professional medical imaging, radiotherapy and in vitro diagnostic devices (b)
• Certain wearables (c)
• Electric toys, until 31 July 2030 (d)
• Wireless food thermometer probes (e)
• Explosive-atmosphere products under Directive 2014/34/EU (f)
• On-body delivery systems (g)
• Roof-mounted telematics in agricultural and construction machinery (h)

Points (a) and (c) to (h) apply only where user and appliance safety requires it; Article 11(3) exempts products needing a permanent power connection for safety or data integrity. Spare batteries stay available for at least five years after a model's last unit (Article 11(7)), and software must not impede replacement (Article 11(8)).

Article 11 of the repealed Directive 2006/66/EC applies until 18 February 2027 (Article 95). For phones and tablets, the removability rules of Regulation (EU) 2023/1670 prevail. Commission guidance (Notice C/2026/5531) and each derogation are covered under removability and replaceability.

Labels, Symbols and the QR Code on Portable Batteries

Portable batteries carry a general label (Article 13(1)) and either a capacity label (Article 13(2), rechargeable) or a "non-rechargeable" minimum average duration label (Article 13(3)) from 18 August 2026 or 18 months after the entry into force of the Article 13(10) implementing act, whichever is the latest.

That act is not adopted as of 13 November 2026, so none of them applies yet.

The separate collection symbol has been required since 18 August 2025 (Article 13(4)), with "Cd" or "Pb" beneath it above 0.002 % cadmium or 0.004 % lead (Article 13(5)). From 18 February 2027 a QR code opens the label information, the EU declaration of conformity and waste information (Article 13(6)(b)).

Performance Values for General-Use Formats

Portable batteries of general use, except button cells, must meet minimum electrochemical performance and durability values from 18 August 2028 or 24 months after the entry into force of the delegated act under Article 9(2), whichever is the latest. By 31 December 2030 the Commission assesses phasing out non-rechargeable general-use batteries (Article 9(3)).

The Article 9(2) delegated act is due by 18 August 2027. As of 13 November 2026 it is at planning stage under Have Your Say initiative 19132, with adoption planned for the second quarter of 2027 and no draft published yet.

Requirements That Do Not Apply to Portable Batteries

Four requirement groups do not reach portable batteries: the carbon footprint (Article 7), recycled content (Article 8), the battery passport (Article 77) and the performance, safety and state-of-health rules of Articles 10, 12 and 14. Article 7(4) requires a feasibility review of extending Article 7 to portable batteries by 31 December 2030.

Producer Responsibility, Take-Back and Collection for Portable Batteries

Since 18 August 2025 every producer of portable batteries must register in each member state where it first makes them available, declaring the portable category and the chemistry, under Article 55(2) and (3)(c) and Article 96(2)(c).

Registration follows within a maximum of 12 weeks of a complete application (Article 55(9)(b)), as set out for producers (extended producer responsibility).

Producers bear the costs of collection, transport, treatment, information and reporting (Article 56(4)); distance sellers under Article 3(1), point (47)(d), appoint an EPR authorised representative in each member state of sale (Article 56(3)). Distributors take back waste portable batteries free of charge "at or in the immediate vicinity" of the outlet (Article 62(1)(a)).

Article 59(3) sets collection targets of 45 %, 63 % and 73 % by the end of 2023, 2027 and 2030, calculated under Annex XI. Eurostat puts the EU portable collection rate for 2023 at 49 % (Directive method), with 17 member states at 45 % or more.

Key Dates for Portable Batteries

The dates that govern portable batteries run from 17 August 2023, when Regulation (EU) 2023/1542 entered into force, to 31 December 2030, and two of them still depend on secondary acts not adopted as of 13 November 2026. Every other date of the act sits in the EU Battery Regulation timeline.

How to Prepare Portable Batteries for the EU Market

Preparing portable batteries for the EU market takes five steps, from confirming the category to registering as a producer in every member state of sale.

1. Confirm the category and any general-use format against the four conditions.
2. Run Module A or D1 in the battery conformity assessment (Article 17(1)) and keep the declaration of conformity for 10 years (Article 38(4)).
3. Register in each member state before first sale (battery producer registration).
4. Organise collection alone or through a producer responsibility organisation (Article 57(1)).
5. Plan removability, the QR code and the labels against the key dates.

Equipment makers carry the Article 11 duty for products with incorporated portable batteries. Batteries in appliances also count in every limb of the producer definition (Article 3(1), point (47)), so an appliance seller can be the producer of the batteries inside.

Need help placing portable batteries on the EU market? The full sequence is set out in the battery regulation compliance programme.

Portable Batteries Before the Regulation and After Repurposing

A portable battery that is repurposed for industrial use becomes an industrial battery: Article 3(1), point (13), covers batteries intended for industrial uses after repurposing, and Article 45(2) recognises that such a battery might fall under a different battery category.

It carries new labels with change-of-status information through the QR code (Article 13(9)), as for second-life batteries.

Directive 2006/66/EC, repealed with effect from 18 August 2025 (Article 95), defined a portable battery as sealed, able to be hand-carried and neither industrial nor automotive (Article 3(3)).

The proposal COM(2025) 981 (2025/0397(COD)) is pending, "Awaiting committee decision", indicative plenary 14 December 2026 (OEIL, as of 13 November 2026), and leaves Article 3(1), points (9) to (15), unchanged.

Portable Battery Questions

Five questions recur about the portable battery category.

Is a battery of exactly 5 kg a portable battery?

Yes: Article 3(1), point (9), says "5 kg or less", so a 5 kg battery meeting the other three conditions is portable. The 2020 proposal COM(2020) 798 had said "below 5 kg".

Is a power bank a portable battery?

Yes: the Commission's removability guidelines (Notice C/2026/5531, 22 October 2026) treat rechargeable power banks, charging cases for wearables and vehicle battery jump starters as portable batteries. Article 11 therefore does not apply to them; the Notice is not binding.

Are button cells portable batteries of general use?

Yes: the button cell is one of the nine formats in Article 3(1), point (10), but button cells are excluded from the Article 9 performance values, and zinc-air button cells are exempt from the lead limit until 18 August 2028.

Which category covers batteries that power toy vehicles?

Traction batteries of wheeled toy vehicles are portable batteries, not LMT batteries, according to recital 15 of the Regulation. LMT batteries, defined in Article 3(1), point (11), power e-bikes and e-scooters.

Is a passport required for portable batteries?

No: Article 77(1) requires a battery passport from 18 February 2027 only for LMT batteries, industrial batteries with a capacity greater than 2 kWh and electric vehicle batteries. Portable batteries get a QR code, not an EU battery passport.