European Parliament Passes Battery Replacement Law

 I’ve written in this blog before about right to repair. There is a growing movement from owners wanting to repair their own equipment. Over the years, manufacturers, especially of mobile phones and other consumer equipment, have made it harder and harder to upgrade or perform repairs on our devices. They often use excuses, such as the devices are too complex, or it is for the sake of waterproofing, but even relatively minor repairs, such as replacing a broken screen or battery are difficult because manufacturers insist on using proprietary tools, which have been developed purely to keep owners out. However, consumers are fighting back, and there has been a number of wins for the right-to-repair camp. For example, Apple has recently launched a kit that will allow individuals to repair their own goods. The company had previously been one of the toughest defenders of proprietary connectors and devices. Farmers have also benefited from several US states passing laws allowing them the right to repair their tractors.The European Parliament recently voted on rules that would make batteries more sustainable including making them removable and replaceable. MEPs were voting on a report on battery regulation proposed by the European Commission in 2020. The vote on the issue of removability and replaceability of batteries is an important aspect in extending the lifetime of electronic products sold in Europe. There is still a time before the vote becomes law as the issue still faces the task of passing through the European Council.

If it passes the new law will cover the user replaceability of batteries in all consumer electronics and light means of transport. Manufacturers of e-bikes and e-scooters would have to build products so that the battery cells could be replaced by independent repairers, as well as not use of software to block the replacement of batteries or other key components. Batteries for consumer electronics and light transport would have to be available as spare parts for a minimum of 10 years after the last model was placed on the market.

The next step is negotiations between the Council and the Parliament on their respective positions and amendments to the Commission’s proposal. It is feared the Council will insert amendments containing vague loopholes for products used in “wet conditions”. The council may be softer than the parliament on considering the battery pack as a unit and not the components that create it, ensuring that batteries should be available as spare parts and addressing the use of software to prevent replacement and repair. If negotiations go well, the regulation could be adopted in 2022 to enter into force in EU countries as soon as 2024.