European Union
Battery Legislation
and Smoke Alarms
Smoke alarms that are conform to EN 14604:2005 are almost always powered by batteries as the primary energy source. The Q mark regulation requires that these batteries must be permanently installed and cannot simply be removed and replaced. This will remain the case also in the future.
EU-Battery-Regulation
EU Battery Regulation (It is true Regulation (EU) 2023/1542 of 12 July 2023 requires in its Art. 11 (1) that batteries in devices placed on the market in the internal market from the date of application of this article, 18 February 2027 (see Art. 96 (2) lit. a) of the Battery Regulation) must be easily removable and replaceable. However, there are exceptions to this principle. On 10 January 2025, the EU Commission published so-called ‘guidelines’ in the Official Journal of the EU in its Communication C/2025/214 (EUR-Lex 52025XC00214) on the handling of Art. 11 of the EU Battery Regulation and its exceptions.
One exception applies to devices which, according to other Union legislation, must or may be expressly placed on the market with permanently installed batteries, so that these batteries cannot be easily removed and replaced by the end user. According to the case law of the European Court of Justice, EN 14604:2005 is such a legal provision because it has been published by the EU Commission as harmonised in the EU Official Journal for the purpose of implementing the EU Construction Products Regulation.
A legal commentary on the sections of this EU Commission communication relating to smoke alarms and gas alarms can be downloaded below.
Important notes
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