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Document L:2023:214:FULL
Official Journal of the European Union, L 214, 31 August 2023
Official Journal of the European Union, L 214, 31 August 2023
Official Journal of the European Union, L 214, 31 August 2023
Display all documents published in this Official Journal
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 214 |
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English edition |
Legislation |
Volume 66 |
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III Other acts |
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EUROPEAN ECONOMIC AREA |
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Corrigenda |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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31.8.2023 |
EN |
Official Journal of the European Union |
L 214/1 |
COMMISSION DELEGATED REGULATION (EU) 2023/1668
of 25 May 2023
supplementing Directive (EU) 2019/2034 of the European Parliament and of the Council with regard to regulatory technical standards specifying the measurement of risks or elements of risks not covered or not sufficiently covered by the own funds requirements set out in Parts Three and Four of Regulation (EU) 2019/2033 of the European Parliament and of the Council and the indicative qualitative metrics for the amounts of additional own funds
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2019/2034 of the Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (1), and in particular Article 40(6), fourth subparagraph, thereof,
Whereas:
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(1) |
To ensure the harmonised application of the additional own funds requirement across the Union, it is necessary to set out a uniform approach towards the measurement of the risks and elements of risks that would support the determination of the level of capital adequate to address all material risks to which investment firms might be exposed. Competent authorities should therefore ensure that investment firms hold adequate additional own funds to cover each risk category (Risk-to-Client, Risk-to-Firm and Risk-to-Market), as well as any other material risks. |
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(2) |
In order for competent authorities to be able to appropriately monitor the risk profile of investment firms and to identify, assess and quantify material risks, it is necessary to set out a detailed and comprehensive methodology proportionate to the nature, scope and complexity of investment firm activities based on all available information sources, including information gathered for the purpose of Article 36 of Directive (EU) 2019/2034. |
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(3) |
The level of the additional own funds requirement is deemed adequate when it reduces the likelihood of investment firm failure and limits the risk of disorderly wind-down that would pose threats to the investment firm’s clients and to the wider market, including other financial institutions, market infrastructures, or the market as a whole. Due to this dual objective of the additional own funds requirement and in keeping with the structure of the own funds requirements as set out in Parts Three and Four of Regulation (EU) 2019/2033 of the European Parliament and of the Council (2), competent authorities should consider separately the risks related to ongoing investment firm activities and the risk of disorderly wind-down of the investment firm’s business. |
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(4) |
To ensure that all the risks or elements of risks that an investment firm is exposed to or poses to others are duly covered, an investment firm should hold sufficient own funds, taking into account the business model, scale and complexity of activities performed by the investment firm, to withstand additional operational expenses related to an orderly wind-down process. In order to ensure that such own funds would be appropriate in particular economic circumstances, different plausible economic scenarios should be considered by competent authorities during the supervisory review and evaluation process carried out in accordance with Article 36 of Directive (EU) 2019/2034. In particular, business continuity, investor protection and market integrity are not to be jeopardised during the wind-down process. To that end, the investment firm should be capable, also during that process, of absorbing costs and losses not matched by a sufficient volume of profits. Given that the length of the wind-down process could differ significantly depending on specific circumstances, competent authorities should take this into account when setting the additional own funds requirement. Moreover, given the potentially diverse legal forms that investment firms can have, the competent authorities should take into account the applicable national insolvency, corporate and trade laws, which could affect the length of wind-down processes, as well as associated costs and risks. |
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(5) |
To ensure proportionality in determining the additional own funds requirement, risks and elements of risk not covered or not sufficiently covered by the K-factor requirement referred to in Article 15 of Regulation (EU) 2019/2033 should be measured only for those investment firms that are subject to the K-factor requirement referred to in that Article, and not for small and non-interconnected firms that meet the conditions set out in Article 12(1) of that Regulation. Other risks not covered at all by the own funds requirements set out in Parts Three and Four of Regulation (EU) 2019/2033, including risks explicitly excluded from those own funds requirements, exist for investment firms. Therefore, it is necessary to specify that those risks are assessed and measured by competent authorities on the basis of the size and business model of the invetsment firm as well as on the basis of the scope, nature and complexity of its activities. |
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(6) |
To ensure the correct measurement and coverage of all the risks which are referred to in Parts Three and Four of Regulation (EU) 2019/2033 but not fully or adequately covered by those requirements, such risks should be measured separately for each risk category (Risk-to-Client, Risk-to-Market and Risk-to-Firm). For the same reason, the risks not covered in Parts Three and Four of that Regulation, including those explicitly excluded from those requirements, should be measured on a risk-by-risk basis. However, if the measurement per risk category or on a risk-by-risk basis is overly burdensome or is not feasible in cases of investment firms subject to an initial capital requirement lower than the requirement laid down in Article 9(1) of Directive (EU) 2019/2034, the measurement of risks should in those cases be performed on an aggregate level, taking into account the principle of proportionality. |
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(7) |
To strike the right balance between prudential considerations and proportional application, the measurement of risks on an aggregate level should not apply to investment firms that are subject to the initial capital requirement laid down in Article 9(1) of Directive (EU) 2019/2034. Investment firms that are subject to higher initial capital requirements should be assessed in terms of risks with a measurement per risk category and on a risk-by-risk basis. |
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(8) |
To ensure consistency in the measurement of material risks that investment firms could pose to others or face themselves, competent authorities should rely on a harmonised set of minimum indicative qualitative metrics. Given that risks evolve throughout the business cycle of a firm, competent authorities should perform not only a static assessment, but also perform a historical trend analysis of such metrics. To cover all the relevant risks properly, different metrics should be used for investment firms with different business models and activities. In order to properly cover all the relevant risks of the investment firm, taking into account the specific business model or activity, legal form and the availability of reliable data, competent authorities should, under certain conditions notably pertaining to the specificities of a firm’s business model or data quality, adjust the metrics and use those adjusted metrics or, if that is not possible, use alternative metrics that are proportionate to the investment firm’s size, complexity, business model, and operating model and that would ensure an appropriate assessment of the risks. |
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(9) |
This Regulation is based on the draft regulatory technical standards submitted to the Commission by the European Banking Authority. |
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(10) |
The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 10 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3), |
HAS ADOPTED THIS REGULATION:
Article 1
Risk of disorderly wind-down
1. Competent authorities shall, having regard to the legal form, business model, the business and risk strategy, and the scale and complexity of the activities of an investment firm, during their supervisory review and evaluation process carried out in accordance with Article 36 of Directive (EU) 2019/2034, measure the risk of disorderly wind-down of the investment firm’s business by determining the amount of capital that would be considered adequate for that firm to be wound down in an orderly manner under plausible scenarios.
2. The measurement referred to in paragraph 1 shall be proportionate to the complexity, risk profile, and scope of operation of the investment firm, and to the potential impact of its wind-down on clients and markets, and shall include the following:
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(a) |
an estimation of the realistic time frame to wind down the investment firm; |
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(b) |
an assessment of operational and legal tasks of the investment firm during the wind-down process over a realistic time frame; |
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(c) |
the identification and assessment of material fixed and variable costs; |
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(d) |
the identification and assessment of material risks or elements of risks that could materialise during the wind-down process; |
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(e) |
any other aspect relevant for the wind-down process. |
3. Where Directive 2014/59/EU of the European Parliament and of the Council (4) applies, available information on recovery actions and governance arrangements in the investment firm’s recovery or group recovery plan shall be taken into account by competent authorities for the purpose of paragraph 2, points (b) and (c), if the competent authorities consider that information sufficiently credible and reliable.
4. For investment firms subject to the initial capital requirement laid down in Article 9(1) of Directive (EU) 2019/2034, competent authorities shall include in their measurement the following:
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(a) |
the closure costs, including litigation costs for the purpose of paragraph 2, point (c), of this Article; |
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(b) |
the loss in revenues and loss in the net realisable value of assets expected to be incurred due to the wind-down process for the purpose of paragraph 2, point (d), of this Article. |
5. Competent authorities shall identify and quantify material costs, risks or elements of risks and shall determine the capital considered adequate to absorb them in accordance with paragraphs 1 and 2 of this Article.
Competent authorities shall use the relevant indicative qualitative metrics referred to in Article 6(1) and shall combine them with static and historical trend analysis, delivering their expert judgement as appropriate.
6. The capital considered adequate to cover the risk of disorderly wind-down of an investment firm’s business measured in accordance with this Article shall be at least equal to the fixed overheads requirement of that investment firm calculated in accordance with Article 13 of Regulation (EU) 2019/2033.
Article 2
Material risks or elements of risks not covered or not fully covered by the K-Factor requirement set out in Part Three, Title II, of Regulation (EU) 2019/2033
1. Where the investment firm does not meet the conditions for qualifying as a small and non-interconnected investment firm as set out in Article 12(1) of Regulation (EU) 2019/2033, competent authorities shall, having regard to the business model, legal form, the business and risk strategy, and the scale and complexity of the activities of the investment firm, during their reviews carried out in accordance with Articles 36 and 37 of Directive (EU) 2019/2034, measure any material risk or material element of risk deriving from the investment firm’s ongoing activities, which that firm poses to itself, to its clients and to the market, and which is not covered or not fully covered by the K-factor requirement set out in Part Three, Title II, of Regulation (EU) 2019/2033.
Competent authorities shall determine the capital that would be considered adequate to cover the relevant risks related to the K-factor requirement.
2. The measurement referred to in paragraph 1 shall be made separately for each risk category set out as ‘Risk-to-Client’ (RtC), ‘Risk-to-Market’ (RtM) and ‘Risk-to-Firm’ (RtF) in Article 15 of Regulation (EU) 2019/2033.
By way of derogation from the first subparagraph, for investment firms subject to an initial capital requirement lower than the requirement laid down in Article 9(1) of Directive (EU) 2019/2034, where competent authorities deem a more granular quantification not feasible or overly burdensome, the measurement shall be performed on an aggregate level.
3. The measurement referred to in paragraph 2 shall identify and quantify material risks or elements of risks for each risk category, including risks from the use of the alternative internal model approach as referred to in Article 22, point (c), of Regulation (EU) 2019/2033, based on the indicative qualitative metrics set out in Article 6(2), (3) and (4), of this Regulation and on expert judgement to be delivered by competent authorities.
4. Competent authorities shall ensure that the capital considered adequate to cover material risks related to the K-factor requirement is not lower than the total K-factor requirement.
Article 3
Material risks or elements of risks not covered by the own funds requirements set out in Parts Three and Four of Regulation (EU) 2019/2033
1. Where the investment firm does not meet the conditions for qualifying as a small and non-interconnected investment firm as set out in Article 12(1) of Regulation (EU) 2019/2033, competent authorities shall, having regard to the business model, the legal form, the business and risk strategy, and the scale and complexity of the activities of the investment firm, during their supervisory review and evaluation process set out in Article 36 of Directive (EU) 2019/2034, measure any material risk or material element of risk deriving from any of the investment firm’s ongoing activities, other than those referred to in Article 2 of this Regulation and not already covered by the own funds requirements of that firm set out in Parts Three and Four of Regulation (EU) 2019/2033, by determining on a risk-by-risk basis the additional capital considered adequate to cover material risks or elements of risks.
2. The measurement referred to in paragraph 1 shall comprise the identification, assessment and, where appropriate, the quantification of the following risk areas:
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(a) |
the risks posed to the security of the investment firm’s network and information systems to ensure confidentiality, integrity and availability of their processes, data, and assets; |
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(b) |
the interest rate risk and credit risk arising from non-trading book activities. |
For investment firms subject to an initial capital requirement lower than the requirement laid down in Article 9(1) of Directive (EU) 2019/2034, where competent authorities deem a more granular quantification not feasible or overly burdensome, the measurement shall be performed on an aggregate level.
3. When performing the measurement referred to in paragraphs 1 and 2, competent authorities shall use the relevant indicative qualitative metrics referred to in Article 6(5) and combine them with static and historical trend analysis, delivering their expert judgement as appropriate.
Article 4
Total material risk not covered or not fully covered by the own funds requirements set out in Parts Three and Four of Regulation (EU) 2019/2033
1. Competent authorities shall calculate the total amount of additional capital considered adequate to cover material risks or material elements of risk posed by the investment firm’s ongoing activities as the sum of the capital considered adequate calculated in accordance with Articles 2 and 3.
2. Competent authorities shall measure the total material risk not covered or not fully covered by the own funds requirements set out in Parts Three and Four of Regulation (EU) 2019/2033 by determining the level of additional own funds required as the difference between the higher of the amounts calculated in accordance with Article 1 or paragraph 1 of this Article and the own funds requirements set out in Part Three or Part Four of Regulation (EU) 2019/2033.
Article 5
General qualitative metrics for the determination of the additional own funds requirement
1. When determining the amount of the additional own fund requirements for the purposes of Articles 1, 2 and 3, competent authorities shall take into account the following:
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(a) |
the outcomes of the internal capital adequacy assessment process and the internal risk assessment process by the investment firm set out in Article 24 of Directive (EU) 2019/2034; |
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(b) |
data reported in accordance with Articles 54 and 55 of Regulation (EU) 2019/2033; |
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(c) |
the outcome of the reviews carried out in accordance with Articles 36 and 37 of Directive (EU) 2019/2034; |
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(d) |
the results of any other supervisory activities; |
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(e) |
other relevant inputs, including supervisory judgement. |
2. Competent authorities shall ensure comparability in the quantification of the additional own funds requirement imposed across all investment firms under their supervisory remit.
Article 6
Indicative qualitative metrics
1. For the purposes of Article 1(5), second subparagraph, the indicative qualitative metrics shall be the following:
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(a) |
the number of tied agents compared to total staff; |
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(b) |
the average duration of a wind-down in the jurisdiction, taking into consideration the complexity of the investment firm’s business; |
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(c) |
the share of non-cancellable contracts and their residual duration; |
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(d) |
the identification of markets where the investment firm is the main service provider; |
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(e) |
the value and liquidity of fixed assets that the investment firm would have to dispose of during a wind-down; |
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(f) |
the average severance payments payable in case of a wind-down, taking into consideration employment legislation and contracts with employees. |
2. For the purposes of Article 2, with regard to the measurement of the RtC, the indicative qualitative metrics shall be the following:
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(a) |
the amount of client money held over the preceding 5 years; |
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(b) |
the amount of assets under management over the preceding 5 years; |
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(c) |
the amount of assets safeguarded and administered for clients over the preceding 5 years; |
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(d) |
the amount of losses or damages incurred by the investment firm due to breaches of its legal or contractual obligations over at least the preceding 5 years, including losses arising from the following:
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(e) |
specifically for investment firms holding client money, any inability of the investment firm to timely return client money when required and associated financial consequences over the past 5 years. |
3. For the purposes of Article 2, with regard to the measurement of the RtM, the indicative qualitative metrics shall be the following:
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(a) |
the variability of the value of the positions, including due to changing market conditions; |
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(b) |
the share of complex and illiquid products in the investment firm’s trading book, in terms of volume and net income; |
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(c) |
specifically for investment firms using internal models, the availability of regular back-testing of models used for regulatory purposes. |
4. For the purposes of Article 2, with regard to the measurement of the RtF, the indicative qualitative metrics shall be the following:
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(a) |
the daily trading flow and average daily trading flow over the preceding 5 years; |
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(b) |
any significant operational events related to daily trading flow and associated financial losses over the preceding 5 years, including processing errors; |
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(c) |
the variability of the investment firm’s income and revenues over the preceding 5 years; |
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(d) |
any losses incurred due to variations in positions in financial instruments, foreign currencies and commodities over the preceding 5 years; |
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(e) |
the default rate of clients or counterparties, and associated losses over the preceding 5 years; |
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(f) |
any losses due to material changes in the book value of assets, including due to changes in market conditions and in the creditworthiness of counterparties; |
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(g) |
the amounts and variability of payments or contributions under a defined benefit pension scheme over the preceding 5 years; |
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(h) |
any concentration of the investment firm’s assets, including concentration of clients and counterparties, as well as sectoral and geographical concentration; |
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(i) |
the share of off-balance sheet exposure compared to the investment total assets and related credit risk. |
5. For the purposes of Article 3, the indicative qualitative metrics shall be the following:
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(a) |
any indication of significant financial risks not addressed by the own funds requirements set out in Article 11 of Regulation (EU) 2019/2033, in particular:
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(b) |
any indication of significant information and communication technology (ICT) risk, in particular:
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(c) |
any indication of significant interest rate risk arising from non-trading book activities, in particular:
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6. Competent authorities may extend the list of indicative qualitative metrics set out in paragraphs 1 to 5 while ensuring that such additional metrics are proportionate to the investment firm’s size, complexity, business model, and operating model.
7. Competent authorities shall adjust the metrics set out in paragraphs 1 to 5 and shall use those adjusted metrics where any of the following conditions apply:
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(a) |
the metric is not appropriate given the specific legal form, structural changes, business and operating model of the investment firm; |
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(b) |
the estimation of the metric is overly burdensome given the size and complexity of activities of the investment firm; |
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(c) |
the estimation of the metric is not feasible due to the lack of reliable data, where such data do not fall under Articles 54 and 55 of Regulation (EU) 2019/2033 or Article 39(2), point (j), of Directive (EU) 2019/2034; |
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(d) |
the estimation of the metric is not feasible due to the lack of reliable historical data, rendering the historical analysis period irrelevant. In such cases, competent authorities shall limit the period of historical analysis to the time that has elapsed since the last supervisory review and evaluation process set out in Article 36 of Directive (EU) 2019/2034. |
Where it is not possible for competent authorities to adjust the metrics as referred to in the first subparagraph, competent authorities shall use alternative metrics as appropriate, while ensuring that such alternative metrics are proportionate to the investment firm’s size, complexity, business model, and operating model.
Article 7
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 314, 5.12.2019, p. 64.
(2) Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1).
(3) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
(4) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).
(5) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
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31.8.2023 |
EN |
Official Journal of the European Union |
L 214/9 |
COMMISSION DELEGATED REGULATION (EU) 2023/1669
of 16 June 2023
supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to the energy labelling of smartphones and slate tablets
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (1), and in particular Article 16(1) thereof,
Whereas:
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(1) |
Regulation (EU) 2017/1369 empowers the Commission to adopt delegated acts as regards the labelling or re-scaling of the labelling of product groups representing significant potential for energy savings and, where relevant, other resources. |
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(2) |
The Commission has carried out a preparatory study to analyse the technical, environmental and economic aspects of mobile phones, smartphones and slate tablets. The study was conducted in close cooperation with stakeholders and interested parties in the Union and third countries, and the results have been made publicly available. |
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(3) |
The preparatory study concluded that the scope for reducing the energy consumption of smartphones and slate tablets is substantial. It also concluded that the battery lifetime and consequently the product lifetime of smartphones and slate tablets can significantly be improved by means of an energy labelling scheme. Smartphones and slate tablets should therefore be covered by energy labelling requirements. An energy label is however currently not seen as appropriate for cordless phones and feature phones, given the moderate spread in the energy efficiency of products available on the market. |
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(4) |
In total, smartphones and slate tablets consumed 36,1 TWh of primary energy in 2020, including all life cycle phases. The preparatory study showed that, without regulatory action, these values are likely to increase to 36,5 TWh of primary energy in 2030. The combined effect of this Regulation and Commission Regulation (EU) 2023/1670 (2) is expected to limit the energy consumption of smartphones and slate tablets in 2030 to 23,3 TWh, meaning 35 % of primary energy consumption is saved compared to what would happen if no measures were taken. |
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(5) |
Smartphones and slate tablets that are displayed at trade fairs should bear the energy label if the first unit of the model has already been placed on the market or is placed on the market at the trade fair. |
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(6) |
The relevant product parameters should be measured or calculated using reliable, accurate and reproducible methods. Those methods should take into account recognised state-of-the-art measurement methods including, where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Regulation (EU) No 1025/2012 of the European Parliament and of the Council (3). |
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(7) |
The energy efficiency index of a smartphone or a slate tablet should be calculated with the operating system version installed on the product model at the date of placement on the market. Until the date of end of placement on the market, if an updated version of the operating system is installed on the same product model, the energy efficiency index should be recalculated and, where applicable, the value of any other parameter of the label and of the product information sheet should be reassessed. Any change in the energy efficiency index, or where applicable in any other parameter value part of the label and of the product information sheet, should be considered relevant in respect to Article 4(4) of Regulation (EU) 2017/1369, in particular when this change is detrimental for the end users. |
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(8) |
To facilitate compliance checks, the content of the technical documentation referred to in Annex VI should be sufficient to allow market surveillance authorities to check the values published on the label and in the product information sheet. In accordance with Article 12 of Regulation (EU) 2017/1369, values for the measured and calculated parameters of the model should be entered into the product database. |
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(9) |
Recognising the growth of sales of energy-related products through providers of online platforms, as defined in Regulation (EU) 2022/2065 of the European Parliament and of the Council (4), rather than directly from suppliers’ websites, it should be clarified that such providers of online platforms should enable traders to provide information concerning the labelling of the product concerned, in compliance with Article 31(2) of Regulation (EU) 2022/2065. The ‘information concerning the labelling and marking’ referred to in Article 31(2), point (c) of Regulation (EU) 2022/2065 should, in the context of this Regulation, be understood as encompassing both the energy label and the product information sheet. In line with Article 6 of Regulation (EU) 2022/2065, providers of online platforms are not liable for products sold through their interfaces on the condition that they do not have actual knowledge of the illegality of such products and upon receiving knowledge on the illegality of the products they act expeditiously to remove them from their interfaces. A supplier selling directly to end-users via its own website is covered by dealers’ distance selling obligations referred to in Article 5 of Regulation (EU) 2017/1369. |
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(10) |
In order to ensure coherence with existing industry norms, references in this Regulation related to fasteners and connectors, tools, working environment and skill level, in the context of calculating the repairability score, are consistent with the terminology used in standard EN 45554, which provides general methods for the assessment of the ability to repair, reuse and upgrade energy-related products. |
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(11) |
The requirements set out in this Regulation should apply from 21 months after its entry into force. |
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(12) |
The measures provided for in this Regulation were discussed by the Consultation Forum established pursuant to Article 14(1) of Regulation (EU) 2017/1369 and with the Member States experts in accordance with Article 17 of Regulation (EU) 2017/1369, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
This Regulation establishes requirements for the labelling of smartphones and slate tablets, and the provision of supplementary product information on smartphones and slate tablets.
This Regulation does not apply to the following products:
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(a) |
mobile phones and tablets with a flexible main display which the user can unroll and roll up partly or fully; |
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(b) |
smartphones for high security communication. |
Article 2
Definitions
1. For the purpose of this Regulation, the following definitions shall apply:
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(1) |
‘mobile phone’ means a cordless handheld electronic device, which has the following characteristics:
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(2) |
‘smartphone’ means a mobile phone, which has the following characteristics:
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(3) |
‘smartphone for high security communication’ means a smartphone, which has the following characteristics:
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(4) |
‘professional user’ means any natural or legal person, to whom a product has been made available for use in the course of their industrial or professional activities; |
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(5) |
‘slate tablet’ means a device that is designed for portability and has the following characteristics:
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(6) |
‘point of sale’ means a location where smartphone or slate tablet units are displayed or offered for sale, hire or hire-purchase. |
2. For the purposes of Annexes II to IX, the definitions set out in Annex I shall apply.
Article 3
Obligations of suppliers
1. Suppliers shall ensure that:
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(a) |
each smartphone or slate tablet is supplied with a printed label in the format as set out in Annex III; |
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(b) |
the values of the parameters of the product information sheet, as set out in Annex V, are entered into the public part of the product database; |
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(c) |
where specifically requested by the dealer, the product information sheet is made available in printed form; |
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(d) |
the content of the technical documentation, as set out in Annex VI, is entered into the product database; |
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(e) |
any visual advertisement for a specific model of smartphones or slate tablets contains the energy efficiency class and the range of energy efficiency classes available on the label in accordance with Annexes VII and VIII; |
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(f) |
any technical promotional material concerning a specific model of smartphones or slate tablets, including technical promotional material on the internet, which describes its specific technical parameters includes the energy efficiency class of that model and the range of energy efficiency classes available on the label, in accordance with Annex VII; |
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(g) |
an electronic label in the format and containing the information, as set out in Annex III, is made available to dealers for each smartphone and slate tablet model; |
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(h) |
an electronic product information sheet, as set out in Annex V, is made available to dealers for each smartphone and slate tablet model. |
2. The energy efficiency class and the repeated free fall reliability class as set out in Annex II shall be calculated in accordance with Annex IV.
Article 4
Obligations of dealers
Dealers shall ensure that:
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(a) |
each smartphone and slate tablet, at the point of sale, including at trade fairs, bears the label provided by suppliers in accordance with point (a) of Article 3(1) displayed in proximity to the product or hung on it or placed in such a way as to be clearly visible and unequivocally associated to the specific model; |
|
(b) |
in the event of distance selling, the label and product information sheet are provided in accordance with Annexes VII and VIII; |
|
(c) |
any visual advertisement for a specific model of smartphones or slate tablets, including on the internet, contains the energy efficiency class and the range of energy efficiency classes available on the label, in accordance with Annex VII; |
|
(d) |
any technical promotional material concerning a specific model of smartphone or slate tablet, including technical promotional material on the internet, which describes its specific technical parameters includes the energy efficiency class of that model and the range of energy efficiency classes available on the label, in accordance with Annex VII. |
Article 5
Measurement methods
The information to be provided pursuant to Articles 3 and 4 shall be obtained by reliable, accurate and reproducible measurement and calculation methods, which take into account the recognised state-of-the-art measurement and calculation methods, as set out in Annex IV.
Article 6
Verification procedure for market surveillance purposes
Member States shall apply the verification procedure laid down in Annex IX when performing the market surveillance checks referred to in Article 8(3) of Regulation (EU) 2017/1369.
Article 7
Review
The Commission shall review this Regulation in the light of technological progress and present the results of this assessment including, if appropriate, a draft revision proposal, to the Consultation Forum established pursuant to Article 14(1) of Regulation (EU) 2017/1369, no later than 20 September 2027.
The review shall in particular assess the appropriateness of:
|
(a) |
revising the test methods to reflect changes in typical end-user behaviour and new functionalities; |
|
(b) |
adding environmental footprint information on the label; |
|
(c) |
revising the verification tolerances set out in Annex IX; |
|
(d) |
revising the repairability index, including additional aspects and the prices of spare parts. |
Article 8
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 20 June 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 198, 28.7.2017, p. 1.
(2) Commission Regulation (EU) 2023/1670 of 16 June 2023 laying down ecodesign requirements for smartphones, mobile phones other than smartphones, cordless phones and slate tablets pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) 2023/826 (see page 47 of this Official Journal).
(3) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
(4) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
ANNEX I
Definitions applicable to the Annexes
(1)
‘declared values’ means the values provided by the supplier for the stated, calculated or measured technical parameters in the technical documentation pursuant to Article 3(3) of Regulation (EU) 2017/1369 and in accordance with Article 3(1), point (d), and Annex VI of this Regulation, for the verification of compliance by the Member State authorities;
(2)
‘battery endurance per cycle’ means the time a smartphone or slate tablet can operate running a defined test scenario with an initially fully charged battery, before the device shuts off automatically due to a drained battery, expressed in hours (h);
(3)
‘rated capacity’ means the amount of electricity declared by the manufacturer that a battery can deliver during a 5-hour period when measured under specified conditions, expressed in milliampere-hours (mAh);
(4)
‘remaining capacity’ of a battery means the capacity with the battery keeping normal peak performance and measured relative to when the product was new;
(5)
‘battery endurance in cycles’ means the number of charge/discharge cycles a battery can withstand until its usable electrical capacity has reached 80 % of its rated capacity, expressed in cycles;
(6)
‘ENDdevice [h]’ means the battery endurance per cycle calculated as a weighted value based on the measured endurance for defined functions, including standby, expressed in hours;
(7)
‘C’ means a measure of the rate at which a battery is charged relative to its capacity, defined as the charge current divided by the capacity, expressed in 1/h;
(8)
‘nominal voltage’ means the voltage of a battery measured at the mid point between fully charged and fully discharged based on a 0,2 C discharge rate;
(9)
‘final voltage for battery endurance in cycles test’ means the specified closed circuit voltage at which a discharge of a battery is terminated, during test;
(10)
‘energy efficiency index’ means the ratio between the battery endurance per cycle (ENDdevice) and the nominal voltage of the battery multiplied by the rated capacity of the battery;
(11)
‘ingress protection rating’ means the extent of protection provided by an enclosure against ingress of solid foreign objects and/or against ingress of water, measured according to standardised test methods and expressed with a coding system to indicate the degree of such protection;
(12)
‘fully extended state’ means a state of the device whereby movable parts as intended for use, such as displays and keyboards, are unfolded, flipped open or similarly extended in a way that the projected area of length times width is maximised;
(13)
‘guarantee’ means any undertaking by the retailer or supplier to the consumer to do any of the following:|
(a) |
reimburse the price paid; |
|
(b) |
replace, repair or handle the smartphone or slate tablet in any way if it does not meet the specifications set out in the guarantee statement or in the relevant advertising; |
(14)
‘spare part’ means a separate part that can replace a part with the same or similar function in a smartphone or slate tablet. The functionality of the smartphone or slate tablet is restored or upgraded when the part is replaced by a spare part. Spare parts may be used parts;
(15)
‘disassembly’ means a process whereby a product is separated into its parts and/or components in such a way that it could subsequently be reassembled and made operational;
(16)
‘fastener’ means a hardware device or substance that mechanically, magnetically or by other means connects or fixes two or more objects, parts or pieces. A hardware device which in addition serves an electrical function shall also be considered a fastener;
(17)
‘reusable fastener’ means a fastener that can be completely reused in the reassembly for the same purpose and that does no damage either to the product or to the fastener itself during the disassembly or reassembly process in a way that makes their multiple reuse impossible;
(18)
‘resupplied fastener’ means a removable fastener that is supplied at no additional cost with the spare part which it is intended to connect or fix; adhesives shall be considered resupplied fasteners if they are supplied with the spare part in a quantity that is sufficient for the reassembly, at no additional cost;
(19)
‘removable fastener’ means a fastener that is not a reusable fastener, but whose removal does not damage the product, or leave residue, which precludes reassembly;
(20)
‘step’ means an operation that finishes with the removal of a part (or bundle) or with a change of tool; any placement of a part away from its initial location, even if that entails partial disconnection or unplugging, shall also be considered as removal;
(21)
‘security update’ means an operating system update, including security patches, if relevant for a given device, whose main purpose is to provide enhanced security for the device;
(22)
‘corrective update’ means an operating system update, including corrective patches, whose purpose is to provide corrections to bugs, errors or malfunctions in the operating system;
(23)
‘functionality update’ means an operating system update whose main purpose is to implement new functionalities;
(24)
‘battery’ means any part consisting of one or several battery cells, including, as relevant to the product model, an electronic circuitry with battery-related sensors for battery management, housing(s), battery tray, brackets, shieldings, thermal interface materials, and electric connections to other assemblies of the device;
(25)
‘back cover’ or ‘back cover assembly’ means the main backside housing, including one or more of the following elements, as relevant to the product model: the frame, a backside cover layer attached to the main back cover body, rear-facing camera lens covers, printed antennas, brackets, shieldings, gaskets, electric connections to other assemblies of the device and thermal interface materials;
(26)
‘auxiliary microphone’ means a microphone that is not essential for user’s voice signals, but provides secondary functions, such as, but not limited to, ambient noise reduction;
(27)
‘front-facing camera assembly’ means any part consisting of one or several cameras oriented towards the user of the device, including, as relevant to the product model:|
(a) |
camera components and related sensors; |
|
(b) |
flashlight components; |
|
(c) |
optical components; |
|
(d) |
mechanical components needed for functions such as image stabilisation and focus; |
|
(e) |
module housing(s); |
|
(f) |
brackets; |
|
(g) |
shieldings; |
|
(h) |
signal lights; |
|
(i) |
auxiliary microphones; |
|
(j) |
electric connections to other assemblies of the device; |
(28)
‘rear-facing camera assembly’ means any part consisting of one or several cameras oriented to the rear side of the device, including, as relevant to the product model:|
(a) |
camera components and related sensors; |
|
(b) |
flashlight components; |
|
(c) |
optical components; |
|
(d) |
mechanical components needed for functions such as image stabilisation and focus; |
|
(e) |
module housing(s); |
|
(f) |
brackets; |
|
(g) |
shieldings; |
|
(h) |
auxiliary microphones; |
|
(i) |
electric connections to other assemblies of the device; |
(29)
‘external audio connector’ means a connector for audio signals to connect to a headset or external loudspeakers or similar audio device, including, as relevant to the product model, brackets, gaskets and electric connections to other assemblies of the device;
(30)
‘external charging port’ means a port for wired battery charging, possibly also used for data exchange and reverse charging of another device, which is composed of a USB-C receptacle and a related housing and including, as relevant to the product model, brackets, gaskets and electric connections to other assemblies of the device;
(31)
‘mechanical button’ means a mechanical switch or an assembly of mechanical switches that can be depressed or a slider button which can be mechanically moved to switch on or off functions such as volume, triggering the camera, or switching on or off the device and including, as relevant to the product model, brackets, gaskets and electric connections to other assemblies of the device;
(32)
‘main microphone(s)’ means the microphone(s) intended for the user’s voice signals including, as relevant to the product model, gaskets and electric connections to other assemblies of the device;
(33)
‘speaker’ means all loudspeakers and mechanical parts to generate sound, including, as relevant to the product model, module housing(s), gaskets and electric connections to other assemblies of the device;
(34)
‘hinge assembly’ means a part that allows a device to be folded while preserving its operational integrity including, where relevant, module housings;
(35)
‘mechanical display folding mechanism’ means a part that allows a device, including its display, to be folded while preserving its operational integrity;
(36)
‘charger’ means an external power supply to charge the battery of and provide electrical power to a battery-powered mobile phone, cordless phone or slate tablet;
(37)
‘display assembly’ means the assembly of display unit and where relevant front panel digitiser unit, including, as relevant to the product model:|
(a) |
backplate; |
|
(b) |
shielding; |
|
(c) |
display frame; |
|
(d) |
backlight units; |
|
(e) |
electronics circuitry including:
|
(38)
‘professional repairer’ means an operator or undertaking which performs repair and professional maintenance of smartphones or slate tablets, either as a service or with a view to the subsequent resale of the repaired device;
(39)
‘repair and maintenance information’ means the repair and maintenance information as from Annex II, point B 1.1 (2)e of Regulation (EU) 2023/1670, for smartphones, and as from Annex II, point D 1.1 (2)e of Regulation (EU) 2023/1670, for slate tablets, that manufacturers, importers or authorised representatives are required to provide access to in relation to the relevant product;
(40)
‘date of placement on the market’ means the date of placing on the market of the first unit of a product model;
(41)
‘date of end of placement on the market’ means the date of placing on the market of the last unit of a product model;
(42)
‘proprietary tool’ means a tool that is not available for purchase by the general public or for which any applicable patents are not available to licence under fair, reasonable and non-discriminatory terms;
(43)
‘basic tools’ means a screwdriver for slotted heads, a screwdriver for cross recess screws, a screwdriver for hexalobular recess heads, a hexagon socket key, a combination wrench, combination pliers, combination pliers for wire stripping and terminal crimping, half round nose pliers, diagonal cutters, multigrip pliers, locking pliers, a prying lever, tweezers, magnifying glass, a spudger and a pick;
(44)
‘commercially available tool’ means a tool that is available for purchase by the general public and is neither a basic tool nor a proprietary tool;
(45)
‘separate protective cover’ means a protective cover which may be shipped with a smartphone or slate tablet, but does not serve as a required part of the housing and is not considered an integral part of the product.
ANNEX II
Energy efficiency classes
|
A. |
The energy efficiency class of a smartphone or a slate tablet shall be determined on the basis of its Energy Efficiency Index (EEI) as set out in Table 1 for smartphones and table 2 for slate tablets. The EEI of a smartphone or a slate tablet shall be determined in accordance with Annex IV, point 1.
Table 1 Energy efficiency classes of smartphones
Table 2 Energy efficiency classes of slate tablets
|
|
B. |
The repeated free fall reliability class of a smartphone or a slate tablet shall be determined on the basis of the number of falls without defect as set out in Table 3. The number of falls without defect shall be determined in accordance with Annex IV, point 4.
Table 3 Repeated free fall reliability classes of smartphones and slate tablets
|
||||||||||||||||||||||||||||||||||||
|
C. |
The repairability class of a smartphone or a slate tablet shall be determined on the basis of the repairability index as set out in Table 4. The repairability index shall be determined in accordance with Annex IV, point 5.
Table 4 Repairability classes of smartphones and slate tablets
|
ANNEX III
Label for smartphones and slate tablets
1. LABEL FOR SMARTPHONES AND SLATE TABLETS
Label:
The following information shall be included in the label for smartphones and slate tablets:
|
(I) |
a QR code; |
|
(II) |
the trade mark; |
|
(III) |
the supplier’s model identifier; |
|
(IV) |
the scale of energy efficiency classes from A to G; |
|
(V) |
the energy efficiency class determined in accordance with Annex II; |
|
(VI) |
the battery endurance per cycle (ENDDevice), in hours and minutes per full battery charge, in accordance with Annex IV, point 1; |
|
(VII) |
repeated free fall reliability class determined in accordance with Annex II; |
|
(VIII) |
repairability class determined in accordance with Annex II; |
|
(IX) |
battery endurance in cycles, in cycles, in accordance with Annex IV, point 2; |
|
(X) |
ingress protection rating in accordance with Annex IV, point 3; |
|
(XI) |
the number of this Regulation, that is ‘ 2023/1669’. |
2. LABEL DESIGN FOR SMARTPHONES AND SLATE TABLETS
|
2.1. |
The design of the label for smartphones and slate tablets shall be as in the figure below.
|
|
2.2. |
The label for smartphones and slate tablets shall fulfil the following specifications:
|
ANNEX IV
Measurement and calculation methods
For the purposes of compliance and verification of compliance with the requirements of this Regulation, measurements and calculations shall be made using harmonised standards, the reference numbers of which have been published in the Official Journal of the European Union or using other reliable, accurate and reproducible methods, which take into account the generally recognised state-of-the-art methods and are in line with the provisions set out below.
In the absence of relevant standards and until the publication of the references of the relevant harmonised standards in the Official Journal of the European Union, the transitional testing methods set out in Annex IVa, or other reliable, accurate and reproducible methods, which take into account the generally recognised state-of-the-art methods, shall be used.
Where a parameter is declared pursuant to Article 3(3) of Regulation (EU) 2017/1369 and in accordance with Table 9 of Annex VI to this Regulation, its declared value shall be used by the supplier for the calculations in this Annex.
1. CALCULATION OF THE ENERGY EFFICIENCY INDEX
Smartphones and slate tablets shall be tested for battery endurance per cycle with the following test settings, starting the test with a fully charged battery:
1.1. General device settings and configuration
|
— |
an application shall be installed on the device to embed the test scenario and the needed contents used during the testing; |
|
— |
all applications shall be closed (except required system applications); |
|
— |
no specific user account (e.g. Google or Apple ID) shall be needed to perform the test; |
|
— |
the web browser used during the testing shall be the native OS browser of the device; |
|
— |
power saving features shall be disabled before starting the testing; |
|
— |
no accessory shall be connected to the device; |
|
— |
for Dual-SIM devices, only one SIM card shall be inserted; for Dual-SIM devices with eSIM, eSIM shall be switched off; for devices with eSIM only, eSIM shall be used; |
|
— |
brightness shall be set at 200cd/m2 using an external equipment to ensure this setting; |
|
— |
auto brightness shall be switched off and the refresh rate shall be set at the default value; |
|
— |
darkmode shall be disabled; |
|
— |
all audio volumes (call and media) shall be set at 75 dBa at a defined distance using an external equipment to ensure this setting. The audio volume shall be set using a sound level meter at 20 cm from the front (screen) of the device; |
|
— |
speaker to be used during video shall be the one set in the default setting of the device; |
|
— |
during the call, the application shall ensure that the screen is off, no specific simulation of the proximity sensor shall be required; |
|
— |
any network simulator may be used, if capable of supporting the required settings; the specific contents (video, web pages, files) shall be uploaded on the simulator. |
1.2. Test sequence
1.2.1. Test sequence for smartphones
From 100 % battery charge level to power off: repeat a cycle of:
|
— |
Phone call (4 min); |
|
— |
Idle (30 min); |
|
— |
Web browsing (9 min); |
|
— |
Idle (30 min); |
|
— |
Video streaming (4 min); |
|
— |
Gaming (1 min); |
|
— |
Idle (30 min); |
|
— |
Data transfer: http upload and download (8 min); |
|
— |
Idle (30 min); |
|
— |
Video playback (4 min); When device powers off: Terminate test. |
1.2.2. Test sequence for slate tablets
From 100 % battery charge level to power off: repeat a cycle of:
|
— |
Gaming (5 min); |
|
— |
Idle (66 min); |
|
— |
Web browsing (11 min); |
|
— |
Idle (66 min); |
|
— |
Video streaming (6 min); |
|
— |
Idle (66 min); |
|
— |
Data transfer: http upload and download (2 min); |
|
— |
Idle (66 min); |
|
— |
Video playback (6 min); |
|
— |
Idle (66 min); When device powers off: Terminate test. |
1.3. Calculation
The battery endurance (ENDdevice) in hours equals to the execution time of the specified test sequence:
ENDdevice = ENDtest
where ENDtest is the run-time of the test in hours, rounded to two decimal places.
The energy efficiency index (EEI) of a smartphone or slate tablet shall be calculated using the following equation and rounded to two decimal places:
EEI = 
Where:
|
— |
EEI is the Energy Efficiency Index in 1/W; |
|
— |
Unom is the nominal voltage in V; |
|
— |
Crated is the rated battery capacity in mAh. |
The EEI shall be calculated with the operating system version installed on the product model at the date of placement on the market.
2. MEASUREMENT OF THE BATTERY ENDURANCE IN CYCLES
Batteries of smartphones and slate tablets shall be tested for battery endurance in cycles until the battery has, in a fully charged state, a remaining capacity of at least 80 % of the rated capacity; the battery shall be tested according to the default charging algorithms implemented by the manufacturer.
The resulting number of cycles shall be rounded down to full hundreds as ‘≥ x00’ and stated in ranges as ≥ 800, ≥ 900, ≥ 1 000, ≥ 1 100, ≥ 1 200, ≥ 1 300, ≥ 1 400.
The battery endurance in cycles shall be calculated with the operating system version installed on the product model at the date of placement on the market.
3. MEASUREMENT OF THE INGRESS PROTECTION
Ingress protection against particle and moisture ingress shall be stated as an IP code, corresponding to the levels listed in Table 5. Tests shall be performed without protective cover.
Table 5
Ingress protection rating levels
|
Rating level |
Ingress of solid foreign objects |
Ingress of water with harmful effects |
|
|
Object size |
Protection against |
|
0 |
no protection |
no protection |
|
1 |
≥ 50 mm |
vertical water dripping |
|
2 |
protected from touch by fingers and ≥ 12 mm |
water spray less than 15 degrees from vertical |
|
3 |
≥ 2,5 mm |
water spray less than 60 degrees from vertical |
|
4 |
≥ 1 mm |
splashing of water |
|
5 |
dust-protected |
jetting of water |
|
6 |
dust-tight |
powerful jetting of water |
|
7 |
n.a. |
temporary immersion, 1 m depth |
|
8 |
n.a. |
continuous immersion, 1 m or more depth |
4. RESISTANCE TO ACCIDENTAL DROPS OR REPEATED FREE FALL RELIABILITY
Resistance to accidental drops or repeated free fall reliability is measured through the number of falls without defect in the repeated free fall test. The repeated free fall tests shall be performed with five units of each model for each of the applicable test cases. The resistance to accidental drops is the number of falls which have been passed by at least four out of the five units under test. The number of falls per unit shall be determined with the following test conditions:
|
(a) |
without protective foils and separate protective cover, if any, for non-foldable devices; |
|
(b) |
with a protective foil on the display for foldable devices, first in the un-extended state and then in the fully extended state on the same unit under test in line with tables 6 and 7; |
|
(c) |
fall height 1 m; |
|
(d) |
after a defined number of falls corresponding to the intervals specified in tables 6 and 7, the unit under test has to be functional without defect, with particular reference to the following functionalities, where applicable:
|
|
(e) |
cracks of the frame or backside shall not be considered a defect as long as full functionality and safe use of the unit under test is given; |
|
(f) |
cracks of the touchscreen and of any other cover layers of a display shall not be considered a defect as long as full functionality and safe use of the unit under test is given; |
|
(g) |
in case of no determined defect the test shall be continued; |
|
(h) |
in case of a determined defect and in any case after the maximum number of falls specified in tables 6 and 7, the test of the unit shall be terminated. Table 6 Test intervals for determining if the smartphone unit is defective
Table 7 Test intervals for determining if the slate tablet unit is defective
|
5. METHOD FOR THE CALCULATION OF THE REPAIRABILITY INDEX OF SMARTPHONES AND SLATE TABLETS
The Repairability Index is an aggregated and normalised score, as a calculated value derived from six scoring parameters where:
|
— |
SDD is the ‘Disassembly Depth’ score. |
|
— |
SF is the ‘Fasteners (type)’ score. |
|
— |
ST is the ‘Tools (type)’ score. |
|
— |
SSP is the ‘Spare Parts’ score. |
|
— |
SSU is the ‘Software Updates (duration)’ score. |
|
— |
SRI is the ‘Repair Information’ score. |
The same scoring methodology shall apply to both smartphones and slate tablets. The Repairability Index (R) shall be calculated as follows:
R = (SDD*0,25)+(SF*0,15)+ (ST*0,15)+ (SSP*0,15)+(SSU*0,15)+(SRI*0,15)
The ‘Disassembly Depth’ (SDD), ‘Fasteners (type)’ (SF) and ‘Tools (type)’ (ST) scores are based on the aggregation of the following priority part level scores:
|
— |
BAT is the battery. |
|
— |
DA is the display assembly. |
|
— |
BC is the back cover or back cover assembly. |
|
— |
FFC is the front-facing camera assembly. |
|
— |
RFC is the rear-facing camera assembly. |
|
— |
EC is the external charging port. |
|
— |
BUT is the mechanical button. |
|
— |
MIC is the main microphone(s). |
|
— |
SPK is the speaker. |
|
— |
FM is the hinge assembly or the mechanical display folding mechanism. |
If any of the priority parts listed above is present in a product more than once, only the one which delivers the lowest score shall be considered in the calculation of the ‘Disassembly Depth’ (SDD), ‘Fasteners (type)’ (SF) and ‘Tools (type)’ (ST) scores. If a priority part is not present in the product, the highest point level for each score shall be considered for this part.
The ‘Disassembly Depth’ (SDD) score shall be calculated as follows:
|
(a) |
if the hinge assembly or the mechanical display folding mechanism are not present in the product, the following formula shall be used: SDD = (DDBAT*0,30)+ (DDDA*0,30)+ (DDBC*0,10)+(DDFFC*0,05)+(DDRFC*0,05)+(DDEC *0,05)+(DDBUT*0,05)+(DDMIC*0,05)+(DDSPK *0,05) |
|
(b) |
if the hinge assembly or the mechanical display folding mechanism are present, the following formula shall be used: SDD = (DDBAT*0,25)+ (DDDA*0,25)+ (DDBC*0,09)+(DDFFC*0,04)+(DDRFC*0,04)+(DDEC *0,04)+(DDBUT*0,04)+(DDMIC*0,04)+(DDSPK *0,04)+ (DDFM*0,17). |
Disassembly Depth (DD) assessment at part level
The Disassembly Depth score (DDi) for each priority part i (DDBAT; DDDA, DDBC, DDFFC, DDRFC, DDEC, DDBUT, DDMIC, DDSPK, DDFM) shall be calculated based on the number of steps required to remove a part from a product, without damaging the product. The counting of the steps for each part starts from the product fully assembled, with the charger disconnected and any SIM card installed. Points ranging from 1 to 5 are assigned as follows:
|
— |
DDi ≤ 2 steps = 5 pt. |
|
— |
5 steps ≥ DDi > 2 steps = 4 pt. |
|
— |
10 steps ≥ DDi > 5 steps = 3 pt. |
|
— |
15 steps ≥ DDi > 10 steps = 2 pt. |
|
— |
DDi > 15 steps = 1 pt. |
For the calculation of disassembly steps, the following rules shall apply:
|
— |
the disassembly depth count is completed when the target part is separated and individually accessible. |
|
— |
where multiple tools need to be used simultaneously, the use of each tool counts as a separate step. |
|
— |
operations related to cleaning, removing traces or heating are counted as steps. |
|
— |
the disassembly depth shall be calculated on the basis of the repair and maintenance information, and of the description of the disassembly steps for each priority part given in the technical documentation; |
|
— |
where remote notification or authorisation of serial numbers is necessary for the full functionality of the spare part and the device, each of these actions is counted as five additional disassembly steps. |
The ‘Fasteners (type)’ (SF) score is calculated as follow:
|
(a) |
for smartphones or slate tablets, except foldable ones, the following formula shall be used: SF=(FBAT*0,30)+ (FDA*0,30)+ (FBC*0,10)+(FFFC*0,05)+(FRFC *0,05)+(FEC *0,05)+(FBUT*0,05)+(FMIC*0,05)+(FSPK*0,05) |
|
(b) |
for foldable smartphones or foldable slate tablets, the following formula shall be used: SF=(FBAT*0,25)+ (FDA*0,25)+ (FBC*0,09)+(FFFC*0,04)+(FRFC *0,04)+(FEC *0,04)+(FBUT*0,04)+(FMIC*0,04)+(FSPK*0,04)+(FFM*0,17) |
Fasteners (type) (F) assessment at part level:
The ‘Fasteners (type)’ scores (Fi) for each priority part i (FBAT, FDA, FBC, FFFC, FRFC, FEC, FBUT, FMIC, FSPK, FFM) are assigned according to the level of removability and reusability of the fasteners used in the device assembly. Points ranging from 1 to 5 are assigned as follows:
|
— |
Reusable Fasteners = 5 pt. |
|
— |
Resupplied Fasteners = 3 pt. |
|
— |
Removable Fasteners = 1 pt. |
The assessment of the type of fasteners is based on the disassembly process to remove the specific priority part, starting from the previous priority part in disassembly sequence already removed.
In case different types of fasteners are encountered in the disassembly of a priority part, the worst score shall be considered.
The Fi scores shall be calculated on the basis of the repair and maintenance information, and of the description of the fasteners for each priority part given in the technical documentation.
The ‘Tools (type)’ (ST) score shall be calculated as follows:
|
(a) |
for smartphones or slate tablets, except foldable ones, the following formula shall be used: ST=(TBAT*0,30)+(TSCR*0,30)+(TBC*0,10)+(TFFC*0,05)+(TRFC*0,05)+(TEC*0,05)+(TBUT*0,05)+(TMIC*0,05)+(TSPK*0,05) |
|
(b) |
for foldable smartphones or foldable slate tablets, the following formula shall be used: ST=(TBAT*0,25)+(TSCR*0,25)+(TBC*0,09)+(TFFC*0,04)+(TRFC*0,04)+(TEC*0,04)+(TBUT*0,04)+(TMIC*0,04)+(TSPK*0,04)+(TFM*0,17) |
Tools (type) (T) assessment at part level
The ‘Tools (type)’ scores (Ti) for each priority part i (TBAT, TDA, TBC, TFFC, TRFC, TEC, TBUT, TMIC, TSPK and TFM) are assigned according to the complexity and availability of the tools needed for its replacement. Points ranging from 1 to 5 are assigned as follows:
|
— |
No tools = 5 pt; |
|
— |
Basic tools = 4 pt. |
|
— |
A set of tools that is supplied (or offered to be supplied at no additional cost) with the spare part = 3 pt. |
|
— |
A set of tools that is supplied (or offered to be supplied at no additional cost) with the product = 2 pt. |
|
— |
Commercially available tools = 1 pt. |
The assessment of the type of tools is based on the disassembly process to remove the specific priority part, starting from the previous priority part in disassembly sequence already removed.
Where different types of tools are needed for the disassembly of a priority part, the lowest score shall be considered.
The Ti scores shall be calculated on the basis of the repair and maintenance information, and of the description of the tools for each priority part given in the technical documentation.
Spare parts
The ‘Spare Parts’ (SSP) score shall be calculated at product level as follows:
|
— |
Spare parts for all priority parts are available to end users and professional repairers = 5 pt; |
|
— |
Spare parts for display assembly, battery, back cover (or back cover assembly) and cameras are available to end users and professional repairers; spare parts for all other parts are available to professional repairers = 4 pt; |
|
— |
Spare parts for display assembly, battery and back cover (or back cover assembly) are available to end users and professional repairers; spare parts for all other parts are available to professional repairers = 3 pt; |
|
— |
Spare parts for display assembly and battery are available to end users and professional repairers; spare parts for all other parts are available to professional repairers = 2 pt; |
|
— |
Spare parts for display assembly are available to end users and professional repairers; spare parts for all other parts are available to professional repairers = 1 pt; |
|
— |
Spare parts for the hinge assembly, mechanical display folding mechanism are to be available only in case of foldable smartphones. |
Software Updates (duration)
The ‘Software Updates (duration)’ (SSU) score shall be calculated at product level as follows:
|
— |
Minimum guaranteed availability of security updates, corrective updates and functionality updates to the operating system for at least 7 years = 5 pt. |
|
— |
Minimum guaranteed availability of security updates, corrective updates and functionality updates to the operating system for 6 years = 3 pt. |
|
— |
Minimum guaranteed availability of security updates, corrective updates and functionality updates to the operating system for 5 years = 1 pt. |
|
— |
The above durations refer to years from the date of end of placement on the market of the product model. |
Repair Information
The Repair Information (SRI) score shall be calculated at product level as follows:
|
— |
Public availability of repair and maintenance information, except electronic board diagrams, at no cost for end users and availability of repair and maintenance information, including electronic board diagrams, at no cost for professional repairers = 5 pt. |
|
— |
Availability of repair and maintenance information at no cost for professional repairers = 3 pt. |
|
— |
Availability of repair and maintenance information with a reasonable and proportionate fee for professional repairers = 1 pt. |
|
— |
A fee shall be considered reasonable if it does not discourage access by failing to take into account the extent to which the professional repairer uses the information. |
ANNEX Iva
Transitional Methods
References and qualifying notes for smartphones and slate tablets
|
Parameter |
Source |
Reference Test Method/Title |
Notes |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Fasteners (type) score (SF) and Tools (type) score (ST) |
CEN |
EN 45554:2020 |
Fasteners and connectors: please refer to Table A.1 of the standard, unless differently specified in this Regulation. Tools: please refer to Table A.2 of the standard, unless differently specified in this Regulation. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
EEI |
European Commission |
EEI test specifications |
https://ec.europa.eu/docsroom/documents/50214 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Protection against particles and water |
IEC |
IEC 60529:1989/AMD2:2013/COR1:2019 |
dust tight and protected against immersion in water up to 1 meter depth: IP67; protected against the ingress of solid foreign objects of size bigger than 1millimeter and splashing of water: IP44. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Rated capacity and battery endurance in cycles |
Cenelec |
IEC EN 61960-3:2017 |
Battery endurance in cycles shall be measured with the following test sequence:
Tests shall be performed with an external power source, which does not limit the power draw of the battery and leaves it to the specified default charging algorithm to regulate the charging rate. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Scratch hardness |
CEN |
EN 15771:2010 |
Scratch hardness shall be tested on the visible display area, without protective cover on the display |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Battery endurance test ambient conditions |
ECMA |
ECMA 383 |
Ambient temperature (23 ± 5) °C, relative humidity 10 % to 80 %, ambient light (250 ± 50) Lux |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Resistance to accidental drops or repeated free fall reliability |
IEC |
IEC 60068-2-31, Free fall repeated – Procedure 2 |
Smartphones shall be tested for resistance to accidental drops, fall height 1 meter; the test has to be performed with 5 units consecutively and is passed, if at least 4 units pass the test. The free fall test shall be interrupted as set out in Table 6 to verify, if full functionality of the device is still given. In case of no determined defect the test shall be continued placing the unit under test, in case of smartphones, in the tumble tester in the same orientation the device was found when the test was interrupted. The number of falls passed by at least 4 out of 5 units is the value to be stated in the product information sheet as set out in Annex V. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
IEC 60068-2-31, Free fall – Procedure 1 |
Slate tablets shall be tested for resistance to accidental drops, fall height 1 meter on 3 mm steel plate backed by 10-19 mm thick hardwood (deviation from procedure 1); 26 controlled orientations with drop on each face, edge and corner, as specified in the test sequence below; the test has to be performed with 5 units consecutively and is passed, if at least 4 units pass the test. In fully extended state, drop the slate tablet consecutively in the following orientations, until the required number of drops is reached. Designations of edges, corners, faces are defined with the largest display facing to the front, in landscape orientation, with the front-facing camera next to the top edge, or, if this does not define the designation unambiguously, with the front-facing camera next to the left edge, approximating the device with a cuboid geometry. Drop on:
After a number of falls as set out in Table 7 full functionality of the device shall be verified. In case of no determined defect the test shall be continued:
The number of falls passed by at least 4 out of 5 units is the value to be stated in the product information sheet as set out in Annex V. |
ANNEX V
Product information sheet
Pursuant to Article 3(1), point (b), the supplier shall enter into the product database the information as set out in Table 8.
The user manual or other literature provided with the product shall clearly indicate the link to the model in the product database as a human-readable Uniform Resource Locator (URL) or as QR code or by providing the product registration number.
Table 8
Product information sheet
|
||||
|
||||
|
||||
|
Parameter |
Value |
|||
|
[smartphone/tablet] |
|||
|
[Android/iOS/other] |
|||
|
[A/B/C/D/E/F/G]b |
|||
|
[yes/no] |
|||
|
x |
|||
|
≥x00 |
|||
|
x |
|||
|
[yes/no] |
|||
|
[≥ x] |
|||
|
[≥ x/n.a.] |
|||
|
[A/B/C/D/E]b |
|||
|
IPxx |
|||
|
[x,xx/n.a.] |
|||
|
x |
|||
|
Required output power [W] |
x |
||
|
Receptacle type (at device end) |
[USB-A/USB-Micro B/USB-C/other] |
|||
|
Repairability information: |
||||
|
x |
|||
|
[A/B/C/D/E]b |
|||
|
x,xx/5 |
|||
|
x,xx/5 |
|||
|
x,xx/5 |
|||
|
x,xx/5 |
|||
|
x,xx/5 |
|||
|
x,xx/5 |
|||
|
x,xx/5 |
|||
|
https://xxx |
|||
|
https://xxx |
|||
|
https://xxx |
|||
|
Additional information: |
||||
|
x |
|||
|
|
||||
(1) Changes to these items shall not be considered relevant for the purposes of Article 4(4) of Regulation (EU) 2017/1369.
(2) This item shall not be considered relevant for the purposes of Article 2(6) of Regulation (EU) 2017/1369.
(3) The process for battery replacement meets the following criteria:
|
— |
fasteners shall be resupplied or reusable; |
|
— |
the process for replacement shall be feasible with no tool, a tool or set of tools that is supplied with the product or spare part, or basic tools; |
|
— |
the process for replacement shall be able to be carried out in a use environment; |
|
— |
the process for replacement shall be able to be carried out by a layman. |
(4) The suppliers’ obligation is to include the weblink to the website where the relevant information will be available. Effective access to the website is nevertheless to be granted in accordance to the timeline and provisions laid down in Annex II, point B 1.1 (1) d of Regulation (EU) 2023/1670, for smartphones, and in Annex II, point D 1.1 (1) d of Regulation (EU) 2023/1670, for slate tablets.
(5) The suppliers’ obligation is to include the weblink to the website where the relevant information will be available. Effective access to the website is nevertheless to be granted in accordance to the timeline and provisions laid down in the last paragraph of Annex II, point B 1.1 (2) of Regulation (EU) 2023/1670, for smartphones, and in the last paragraph of Annex II, point D 1.1 (2) of Regulation (EU) 2023/1670, for slate tablets.
(6) The suppliers’ obligation is to include the weblink to the website where the relevant information will be available. Effective access to the website is nevertheless to be granted in accordance to the timeline and provisions laid down in Annex II, point B 1.1 (4) of Regulation (EU) 2023/1670, for smartphones, and in Annex II, point D 1.1 (4) of Regulation (EU) 2023/1670, for slate tablets.
(7) The supplier shall not enter these data for each model if automatically provided by the database.
ANNEX VI
Technical documentation
1.
The technical documentation referred to in Article 3(1), point (d), shall include:|
(a) |
a general description of the model allowing it to be unequivocally and easily identified; |
|
(b) |
references to the harmonised standards applied or other measurement standards used; |
|
(c) |
a description of the disassembly steps for each priority part of Annex IV, point 5, including the tool(s) and fastener(s) needed at each step, if any; |
|
(d) |
specific precautions to be taken when the model is assembled, installed, maintained or tested; |
|
(e) |
the values for the technical parameters set out in Table 9; those values are considered as the declared values for the purpose of the verification procedure set out in Annex IX; |
|
(f) |
the details and the results of calculations performed in accordance with Annex IV; |
|
(g) |
measurement or testing conditions if not described sufficiently in point (b), including battery charging algorithms for the default charging procedure, if applicable; |
|
(h) |
parameters of the initial test procedure for the energy efficiency index, if not described sufficiently under the settings of Annex IV, point 1, and of Annex IVa. |
2.
These elements shall also constitute the mandatory specific parts of the technical documentation that the supplier shall enter into the database, pursuant to Article 12(5) of Regulation (EU) 2017/1369.Table 9
Technical parameters of the model and their declared values
|
|
Parameter |
Parameter value and precision |
Unit |
|
1 |
Trade mark |
|
TEXT |
|
2 |
Model identifier |
|
TEXT |
|
3 |
battery endurance per cycle (ENDdevice) |
x,xx |
[h] |
|
4 |
battery endurance in cycles – default settings |
≥x00 |
[hundreds of cycles] |
|
5 |
rated battery capacity (Crated) |
x |
[mAh] |
|
6 |
nominal voltage |
x,xx |
[V] |
|
7 |
final voltage for battery endurance in cycles test [V] |
x,xx |
[V] |
|
8 |
Energy Efficiency Index (EEI) |
x,xx |
[n] |
|
9 |
shipped with protective cover |
[yes/no] |
- |
|
10 |
repeated free fall reliability test – falls without defect |
[≥ x/n.a.] |
[n] |
|
11 |
repeated free fall reliability test – falls without defect, tested in fully extended state |
[≥ x/n.a.] |
[n] |
|
12 |
ingress protection rating |
IPxx |
|
|
13 |
specified immersion depth in water, in case of IPx8 |
[x,x/n.a.] |
[m] |
|
14 |
screen scratch resistance |
x |
Mohs hardness scale |
|
15 |
Minimum guaranteed availability of operating system security updates, corrective updates and functionality updates |
x |
[years] |
|
16 |
Repairability Class |
[A/B/C/D/E] |
[A/B/C/D/E] |
|
17 |
Repairability index (as calculated from the values below) |
x,xx |
[n] |
|
18 |
Disassembly Depth (SDD) |
x,xx |
[n] |
|
19 |
Fasteners (type) score (SF) |
x,xx |
[n] |
|
20 |
Tools (type) score (ST) |
x,xx |
[n] |
|
21 |
Spare Part score (SSP) |
x,xx |
[n] |
|
22 |
Software Updates (duration) score (SSU) |
x,xx |
[n] |
|
23 |
Repair Information score (SRI) |
x,xx |
[n] |
|
24 |
Operating system |
[Android/iOS/other] |
- |
|
25 |
Operating system version |
|
TEXT |
3.
Where the information included in the technical documentation for a smartphone or slate tablet model has been obtained by any of the following methods, or both:|
(a) |
from a model that has the same technical characteristics relevant for the technical information to be provided but is produced by a different supplier, |
|
(b) |
by calculation on the basis of design or extrapolation from another model of the same or a different supplier, the technical documentation shall include the details of such calculation, the assessment undertaken by suppliers to verify the accuracy of the calculation and, where appropriate, the declaration of identity between the models of different suppliers. |
ANNEX VII
Information to be provided in visual advertisements, in technical promotional material and in distance selling, except distance selling on the internet
1.
In visual advertisements, for the purposes of ensuring conformity with the requirements laid down in Article 3(1), point (e), and in Article 4(1), point (c), the energy efficiency class and the range of energy efficiency classes available on the label shall be shown as set out in point 4 of this Annex.
2.
In technical promotional material, for the purposes of ensuring conformity with the requirements laid down in Article 3(1), point (f), and in Article 4(1), point (d), the energy efficiency class and the range of energy efficiency classes available on the label shall be shown as set out in point 4 of this Annex.
3.
In the case of paper-based distance selling, the energy efficiency class and the range of energy efficiency classes available on the label shall be shown as set out in point 4 of this Annex.
4.
In the cases referred to in points 1, 2 and 3, the energy efficiency class and the range of energy efficiency classes shall be shown, as indicated in Figure 1, in accordance with the following specifications:|
(a) |
an arrow shall be used, containing the letter of the energy efficiency class in 100 % white, Calibri Bold and in a font size at least equivalent to that of the price, when the price is shown; |
|
(b) |
the colour of the arrow shall match the colour of the energy efficiency class; |
|
(c) |
the range of available energy efficiency classes shall be in 100 % black; |
|
(d) |
the size shall be such that the arrow is clearly visible and legible. The letter in the energy efficiency class arrow shall be positioned in the centre of the rectangular part of the arrow, with a border of 0,5 pt in 100 % black placed around the arrow and the letter of the energy efficiency class. By way of derogation, if the visual advertisement, technical promotional material or paper-based distance selling is printed in monochrome, the arrow may be in monochrome in that visual advertisement, technical promotional material or paper-based distance selling. 
|
5.
Telemarketing-based distance selling shall specifically inform the customer of the energy efficiency class of the product and of the range of energy efficiency classes available on the label, and the customer shall be given the possibility to access the full label and the product information sheet through a free access website, or by requesting a printed copy.
6.
For all the situations mentioned in points 1, 2, 3 and 5, it shall be possible for the customer to obtain, on request, a printed copy of the label and the product information sheet.
ANNEX VIII
Information to be provided in the case of distance selling through the internet
1.
The appropriate label made available by suppliers in accordance with Article 3(1), point (g), shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in Annex III. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 2 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
2.
The image used for accessing the label in the case of nested display, as indicated in Figure 2, shall:|
(a) |
be an arrow in the colour corresponding to the energy efficiency class of the product on the label; |
|
(b) |
indicate the energy efficiency class of the product on the arrow in 100 % white, Calibri Bold and in a font size equivalent to that of the price; |
|
(c) |
have the range of available energy efficiency classes in 100 % black; |
|
(d) |
have the following format, and its size shall be such that the arrow is clearly visible and legible. The letter in the energy efficiency class arrow shall be positioned in the centre of the rectangular part of the arrow, with a visible border in 100 % black placed around the arrow and the letter of the energy efficiency class: 
|
3.
In the case of a nested display, the sequence of display of the label shall be as follows:|
(a) |
the image referred to in point 2 of this Annex shall be shown on the display mechanism in proximity to the price of the product; |
|
(b) |
the image shall link to the label set out in Annex III; |
|
(c) |
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image; |
|
(d) |
the label shall be displayed by pop up, new tab, new page or inset screen display; |
|
(e) |
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply; |
|
(f) |
the label shall cease to be displayed by means of a close option or other standard closing mechanism; |
|
(g) |
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price. |
4.
The electronic product information sheet made available by the supplier in accordance with Article 3(1), point (h) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product information sheet is clearly visible and legible. The product information sheet may be displayed using a nested display or by referring to the product database, in which case the link used for accessing the product information sheet shall clearly and legibly indicate ‘Product information sheet’. If a nested display is used, the product information sheet shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.
ANNEX IX
Verification procedure for market surveillance purposes
The verification tolerances defined in this Annex relate only to the verification by Member State authorities of the declared values and shall not be used by the supplier as an allowed tolerance to establish the values in the technical documentation or in interpreting those values with a view to achieving compliance or to communicate better performance by any means. The values and classes published on the label or in the product information sheet shall not be more favourable for the supplier than the values declared in the technical documentation.
Where a model has been designed to be able to detect it is being tested (e.g. by recognizing the test conditions or test cycle), and to react specifically by automatically altering its performance during the test with the objective of reaching a more favourable level for any of the parameters specified in this Regulation or included in the technical documentation or included in any of the documentation provided, the model and all equivalent models shall be considered not compliant.
The EEI, the battery endurance in cycles and the battery endurance per cycle for compliance verification shall be calculated with the operating system version installed on the unit(s) at the date of their placing on the market.
As part of verifying the compliance of a product model with the requirements laid down in this Regulation, the authorities of the Member States shall apply the following procedure:
|
(1) |
The Member State authorities shall verify one single unit of the model pursuant to points 2(a), (b) and (c), except for repeated free fall reliability tests, where five units of a model shall be verified pursuant to point 2(d), and except for battery endurance in cycles tests, where five units of a model shall be verified pursuant to point 2(e). |
|
(2) |
The model shall be considered to comply with the applicable requirements if:
|
|
(3) |
If the results referred to in points 2(a), (b) and (e) are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation. |
|
(4) |
If the result referred to in point 2(c) is not achieved, the Member State authorities shall select three additional units of the same model for testing, except for the result of the repairability index. As an alternative, the three additional units selected may be of one or more equivalent models. Concerning the repairability index, if the result referred to in point 2(c) is not achieved, the Member State authorities shall select one additional unit of the same model for testing. |
|
(5) |
If the result referred to in point 2(d) is not achieved, the Member State authorities shall select five additional units of the same model for testing. As an alternative, the five additional units selected may be of one or more equivalent models. |
|
(6) |
The model shall be considered to comply with the applicable requirements if for the three units tested pursuant to point 4, where applicable, the arithmetic mean of the determined values complies with the respective tolerances given in Table 10, except for the result of the repairability index, where the model shall be considered to comply with the applicable requirements if the determined value complies with the respective tolerance given in Table 10. |
|
(7) |
The model shall be considered to comply with the applicable requirements if for the five units tested pursuant to point 5, where applicable, the pass rate complies with the respective values given in Table 11. |
|
(8) |
If the results referred to in points 6 or 7 are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation, except for the result of the repairability index, where the model shall be considered not to comply with this Regulation. |
|
(9) |
The Member State authorities shall provide all relevant information to the authorities of the other Member States and to the Commission without delay once a decision has been taken on the non-compliance of the model according to points 3 or 8 or the second paragraph of this Annex. The Member State authorities shall use the measurement and calculation methods set out in Annex IV. |
The Member State authorities shall only apply the verification tolerances set out in Table 10 and the pass rate set out in Table 11 and shall only use the procedure set out in points 1 to 9 for the requirements referred to in this Annex. For the parameters in Table 10, no other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied.
Table 10
Verification tolerances for measured parameters
|
Parameters |
Verification tolerances |
|
battery endurance per cycle (ENDdevice [h]) |
The determined value (1) shall not be more than 3 % lower than the declared value. |
|
battery endurance in cycles – default settings [cycles] |
The determined value (1) shall not be more than 20 cycles lower than the declared value. |
|
rated battery capacity (Crated [mAh]) |
The determined value (1) shall not be more than 10 % higher than the declared value. |
|
nominal voltage [V] |
The determined value (1) shall not be more than 2 % higher than the declared value. |
|
final voltage for battery endurance in cycles test [V] |
The determined value (1) shall not be more than 2 % higher than the declared value. |
|
repairability index (R) |
The determined value shall not be more than 4 % lower than the declared value. |
Table 11
Pass rates for resistance to accidental drops
|
Parameters |
Pass rate tolerances |
|
resistance to accidental drops |
The determined value corresponding to the declared value shall be met by at least 80 % of the tested units. |
(1) in the case of three additional units tested as prescribed in the fourth paragraph, point 4, the determined value means the arithmetic mean of the values determined for these three additional units.
|
31.8.2023 |
EN |
Official Journal of the European Union |
L 214/47 |
COMMISSION REGULATION (EU) 2023/1670
of 16 June 2023
laying down ecodesign requirements for smartphones, mobile phones other than smartphones, cordless phones and slate tablets pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) 2023/826
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (1), and in particular Article 15(1) thereof,
Whereas:
|
(1) |
Pursuant to Directive 2009/125/EC, the Commission should set ecodesign requirements for energy-related products which account for significant volumes of sales and trade in the Union and which have a significant environmental impact and presenting significant potential for improvement through design in terms of their environmental impact, without entailing excessive costs. |
|
(2) |
The Commission has carried out a preparatory study to analyse the technical, environmental and economic aspects of mobile phones, cordless phones and slate tablets. The study has been carried out with stakeholders and interested parties from the Union and third countries, and the results have been made publicly available. |
|
(3) |
The steep increase in the demand for smartphones and tablets, combined with their increased functionality, has resulted in increased demand for energy and materials needed to manufacture these devices on the EU market, accompanied by an increase in their associated environmental impacts. In addition, devices are often replaced prematurely by users and are, at the end of their useful life, not sufficiently reused or recycled, leading to a waste of resources. Against this background, the preparatory study identified environmental aspects to be addressed in this Regulation. Those aspects mainly concern resource efficiency and include the avoidance of premature obsolescence, repairability, reliability of the products and their key components such as batteries and display, reusability and recyclability. |
|
(4) |
Ecodesign requirements should harmonise resource efficiency requirements for mobile phones, cordless phones and slate tablets throughout the Union for the internal market to operate better and in order to improve the environmental performance of those products. In light of this aim and the environmental aspects to be addressed, the preparatory study showed that ecodesign requirements should relate to design for reliability, including resistance to accidental drops, scratch resistance, protection from dust and water, and battery longevity, to the ability to be disassembled and repaired, to the availability of operating system version upgrades, to data deletion and the transfer of functionalities after use, to the provision of appropriate information for users, repairers and recyclers as well as to battery endurance. |
|
(5) |
In order to ensure that devices are able to be effectively repaired, a range of spare parts should be available to professional repairers or end users. Those spare parts should, regardless of whether they are new or used, have the effect of upgrading or restoring the functionality of the device in which they are installed. |
|
(6) |
In order to ensure that devices are able to be effectively repaired, the price of spare parts should be reasonable and should not discourage repair. To create transparency and incentivise the setting of reasonable prices, the indicative pre-tax price for spare parts provided pursuant to this Regulation should be accessible on a free access website. |
|
(7) |
It is currently not possible, or extremely difficult, for the owners of mobile phones, including smartphones, and tablets to change the operating system of their device, which is chosen and maintained by the manufacturer through regular updates. Such updates generally lead to the establishment of a range of major and minor versions. Updates may be used to ensure the continued security of a device, to correct errors in the operating system or to offer new functionalities to users. They may be offered voluntarily or might be required to be offered by Union law. In order to improve the reliability of devices, therefore, it needs to be ensured that users keep receiving such updates for a minimum period of time and at no cost, including for a period after the manufacturer stops selling the relevant product model. Such updates should be offered either as updates to the latest available operating system version that has to be installable on the device, or as updates to the operating system version that was installed on the product model at the moment of the end of placement on the market, or subsequent versions. |
|
(8) |
The requirement concerning a functionality for secure erasure of the encryption key could be implemented by means of technical solutions such as, but not limited to, a functionality implemented in firmware, typically in the bootloader, in software included in a self-contained bootable environment, or in software installable in the supported operating systems provided with the product. |
|
(9) |
The total primary energy consumption of the installed base in the EU27 of mobile phones, cordless phones and slate tablets in 2020 over their lifecycle was 39,5 TWh (of which 28,5 TWh for smartphones, 1,6 TWh for mobile phones other than smartphones, 1,8 TWh for cordless phones and 7,6 TWh for slate tablets), which includes a major share of primary energy consumption in production outside the EU27. Of these 39,5 TWh, the share attributed to electricity consumption - for both production and use - is 26,6 TWh (19,2 TWh, 0,9 TWh, 1,1 TWh and 5,4 TWh, respectively, for smartphones, mobile phones other than smartphones, cordless phones and slate tablets). Without regulatory measures, those values are projected to decrease slightly to 39,3 TWh (29,3 TWh, 1,5 TWh, 1,4TWh and 7,3TWh, respectively, for smartphones, mobile phones other than smartphones, cordless phones and slate tablets) of primary energy in 2030. The combined effect of this Regulation and Commission Delegated Regulation (EU) 2023/1669 (2) is expected to limit this 2030 value to 25,4 TWh (18,2 TWh, 1,0 TWh, 1,1TWh and 5,2 TWh, respectively, for smartphones, mobile phones other than smartphones, cordless phones and slate tablets), saving around 33 % on the primary energy consumption of smartphones, mobile phones other than smartphones, cordless phones and slate tablets compared to what would happen if no measures were taken. |
|
(10) |
The relevant product parameters should be measured using reliable, accurate and reproducible methods. Those methods should take into account recognised state-of-the-art measurement methods including, where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Regulation (EU) No 1025/2012 of the European Parliament and of the Council (3). |
|
(11) |
In accordance with Article 8 of Directive 2009/125/EC, this Regulation should specify the applicable conformity assessment procedures. |
|
(12) |
To facilitate compliance checks, manufacturers, importers or authorised representatives should provide information in the technical documentation referred to in Annexes IV and V to Directive 2009/125/EC in so far as that information relates to the requirements laid down in this Regulation. |
|
(13) |
For market surveillance purposes, manufacturers, importers or authorised representatives should be allowed to refer to the product database if the technical documentation as per Delegated Regulation (EU) 2023/1669 contains the same information. |
|
(14) |
In order to protect consumers and to avoid that the rules laid down in this Regulation are circumvented, products that automatically alter their performance in test conditions to improve the declared parameters should be prohibited. |
|
(15) |
In addition to the legally binding requirements laid down in this Regulation, indicative benchmarks for best available technologies should be identified to make information on the environmental performance of products subject to this Regulation over their life cycle widely available and easily accessible, in accordance with Directive 2009/125/EC, Annex I, part 3, point (2). |
|
(16) |
A review of this Regulation should assess the appropriateness and effectiveness of its provisions in achieving its goals. The timing of the review should take into account, among other factors, whether all provisions have been implemented and show an effect on the market. |
|
(17) |
Commission Regulation (EU) 2023/826 (4) should be amended to exclude cordless phones from its scope in order to prevent any overlap with the same products in the scope of this Regulation. |
|
(18) |
The entry into application of ecodesign requirements should be 21 months after the entry into force of this Regulation, in order to give manufacturers sufficient time to redesign their products subject to this Regulation. |
|
(19) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19(1) of Directive 2009/125/EC, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation establishes ecodesign requirements for the placing on the market of smartphones, other mobile phones, cordless phones and slate tablets.
2. This Regulation does not apply to the following products:
|
(a) |
mobile phones and tablets with a flexible main display which the user can unroll and roll up partly or fully; |
|
(b) |
smartphones for high security communication. |
Article 2
Definitions
1. For the purposes of this Regulation, the following definitions shall apply:
|
(1) |
‘mobile phone’ means a cordless handheld electronic device, which has the following characteristics:
|
|
(2) |
‘smartphone’ means a mobile phone, which has the following characteristics:
|
|
(3) |
‘smartphone for high security communication’ means a smartphone, which has the following characteristics:
|
|
(4) |
‘professional user’ means any natural or legal person, to whom a product has been made available for use in the course of their industrial or professional activities; |
|
(5) |
‘cordless phone’ means a cordless handheld electronic device which has the following characteristics:
|
|
(6) |
‘base station’ means a device that acts as the bridge between the network connection (telephone or Internet connection) and one or several cordless phone handsets, but does not provide router functionality for any other devices. A base station typically provides also the build-in charging cradle to recharge the handset; |
|
(7) |
‘charging cradle’ means a device that acts as the charging unit for a single cordless phone handset, but does not provide network connection functionality; |
|
(8) |
‘slate tablet’ means a device that is designed for portability and has the following characteristics:
|
|
(9) |
‘model identifier’ means the code, usually alphanumeric, which distinguishes a specific product model from other models with the same trade mark or the same manufacturer's, importer's or authorised representative's name; |
|
(10) |
‘product database’ means a collection of data concerning products, which is arranged in a systematic manner and consists of a consumer-oriented public part, where information concerning individual product parameters is accessible by electronic means, an online portal for accessibility and a compliance part, with clearly specified accessibility and security requirements, as laid down in Regulation (EU) 2017/1369; |
|
(11) |
‘equivalent model’ means a model which has the same technical characteristics relevant for the technical information to be provided, but which is placed on the market or put into service by the same manufacturer, importer or authorised representative as another model with a different model identifier. |
2. For the purposes of Annexes II to V, the definitions set out in Annex I shall apply.
Article 3
Ecodesign requirements
The ecodesign requirements set out in Annex II shall apply from the dates indicated therein.
Article 4
Conformity assessment
1. The conformity assessment procedure as referred to in Article 8 of Directive 2009/125/EC shall be the internal design control system set out in Annex IV to that Directive or the management system set out in Annex V to that Directive.
2. For the purposes of conformity assessment pursuant to Article 8(2) of Directive 2009/125/EC, the technical documentation shall contain a copy of the product information provided in accordance with Annex II to this Regulation, and the details and the results of the calculations set out in Annex III to this Regulation.
3. Where the information included in the technical documentation for a particular model has been obtained:
|
(a) |
from a model that has the same technical characteristics relevant for the technical information to be provided but is produced by a different manufacturer, or |
|
(b) |
by calculation on the basis of design or extrapolation from another model of the same or a different manufacturer, or both, |
the technical documentation shall include the details of such calculation, the assessment undertaken by the manufacturer to verify the accuracy of the calculation and, where appropriate, the declaration of identity between the models of different manufacturers.
The technical documentation shall include a list of all equivalent models, including the model identifiers.
4. The technical documentation shall also include the information in the order and as set out in Annex VI to Delegated Regulation (EU) 2023/1669. For market surveillance purposes, manufacturers, importers or authorised representatives may, without prejudice to point 2(g) of Annex IV to Directive 2009/125/EC, refer to the technical documentation uploaded to the product database which contains the same information laid down in Delegated Regulation (EU) 2023/1669.
Article 5
Verification procedure for market surveillance purposes
Member States shall apply the verification procedure laid down in Annex IV to this Regulation when performing the market surveillance checks referred to in Article 3(2) of Directive 2009/125/EC.
Article 6
Circumvention
1. Manufacturers, importers or authorised representatives shall not place on the market products designed to alter their behaviour or properties when tested by Member State authorities performing checks on product compliance, in order to reach a more favourable result for any of the declared values of the parameters covered by ecodesign requirements included in this Regulation applicable at the time of the placing on the market of the products.
This includes, but is not limited to, products designed to be able to detect they are being tested (e.g. by recognising the test conditions or test cycle) and to automatically alter their behaviour or properties in response and products pre-set to alter their behaviour or properties at the time of testing.
2. Manufacturers, importers or authorised representatives shall not prescribe test instructions, specific for when these products are tested by Member State authorities performing checks on product compliance, that alter the behaviour or the properties of products in order to reach a more favourable result for any of the declared values of the parameters covered by ecodesign requirements included in this Regulation applicable at the time of the placing on the market of the products.
This includes, but is not limited to, prescribing a manual alteration of a product in preparation to the test that alters its behaviour or properties from the perspective of the normal use by the user.
3. Manufacturers, importers or authorised representatives shall not place on the market products designed to alter their behaviour or properties within a short period after putting the product into service leading to a worsening of any of the declared value of the parameters covered by ecodesign requirements included in this Regulation applicable at the time of the placing on the market of the products.
Article 7
Indicative benchmarks
The indicative benchmarks for the best-performing products and technologies available on the market on 20 September 2023 are set out in Annex V.
Article 8
Review
The Commission shall review this Regulation in the light of technological progress and present the result of this assessment including, if appropriate, a draft revision proposal, to the Consultation Forum established pursuant to Article 14(1) of Regulation (EU) 2017/1369 of the European Parliament and of the Council (5) by 20 September 2027.
The review shall in particular assess:
|
(a) |
the need to revise the scope of this Regulation to reflect market evolution; |
|
(b) |
the appropriateness of including smart wearables in the scope of this Regulation and of laying down generic and specific requirements for these; |
|
(c) |
the appropriateness of setting specific ecodesign requirements on the resistance of slate tablets to accidental drops; |
|
(d) |
the appropriateness of increasing the stringency of the requirement on battery endurance in cycles; |
|
(e) |
the appropriateness of defining a standardised battery that could be used interchangeably across a range of mobile phones and slate tablets; |
|
(f) |
the need to set out requirements to enable or improve repair and upgradeability with used or third-party spare parts; |
|
(g) |
the need to revise or extend the list of spare parts, of spare parts availability per target group including professional repairers and end-users, and of repair information for which requirements are set out; |
|
(h) |
the inclusion of further chemical elements in the information requirements in Annex II; |
|
(i) |
the need to include reliability requirements related to foldable devices; |
|
(j) |
the appropriateness to impose requirements on the recycled content of materials; |
|
(k) |
the appropriateness of imposing further information requirements on spare part prices; |
|
(l) |
the option for manufacturers to make data for 3D printing of plastic components (e.g. battery compartment cover, buttons etc.) publicly available on a free-access website, either in addition to their obligation to make these spare parts available to professional repairers or end-users or as a means to fulfil this obligation; |
|
(m) |
the appropriateness to prohibit serialisation of parts; |
|
(n) |
the appropriateness of requirements regarding functionality updates to the operating system; |
|
(o) |
the appropriateness of the exemptions for foldable devices; |
|
(p) |
the appropriateness of setting ecodesign requirements for mobile phones with a flexible main display which the user can unroll and roll up partly or fully; |
|
(q) |
the appropriateness of extension of the periods for availability of updates to the operating system; |
|
(r) |
the appropriateness of extension of the period for availability of spare parts. |
Article 9
Amendment to Regulation (EU) 2023/826
Regulation (EU) 2023/826 is amended as follows:
In point 3 of Annex II the entry ‘other equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image other than by telecommunications, but excluding electronic displays covered by Regulation (EU) 2019/2021 and projectors with mechanisms for exchanging the lenses with others with different focal length’ is replaced by the following:
‘other equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image other than by telecommunications, but excluding electronic displays covered by Regulation (EU) 2019/2021, cordless phones covered by Regulation (EU) 2023/1669, and projectors with mechanisms for exchanging the lenses with others with different focal length.’
Article 10
Entry into force and application
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 20 June 2025. Article 6 shall apply from 20 September 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 285, 31.10.2009, p. 10.
(2) Commission Delegated Regulation (EU) 2023/1669 of 16 June 2023 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to the energy labelling of smartphones and slate tablets (See page 9 of this Official Journal).
(3) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
(4) Commission Regulation (EU) 2023/826 of 17 April 2023 laying down ecodesign requirements for off mode, standby mode, and networked standby energy consumption of electrical and electronic household and office equipment pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulations (EC) No 1275/2008 and (EC) No 107/2009 (OJ L 103, 18.4.2023, p. 29).
(5) Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
ANNEX I
Definitions applicable to the Annexes
|
(1) |
‘networked standby’ means networked standby within the meaning of Article 2(10) of Regulation (EU) 2023/826; |
|
(2) |
‘Pn’ is the power consumption in networked standby mode, expressed in Watt and rounded to two decimal places; |
|
(3) |
‘spare part’ means a separate part that can replace a part with the same or similar function in a mobile phone, cordless phone or slate tablet. The functionality of the mobile phone, cordless phone or slate tablet is restored or upgraded when the part is replaced by a spare part. Spare parts may be used parts; |
|
(4) |
‘serialised part’ means a part which has a unique code that is paired to an individual unit of a device and whose replacement by a spare part requires the pairing of that spare part to the device by means of a software code to ensure full functionality of the spare part and the device; |
|
(5) |
‘professional repairer’ means an operator or undertaking which performs repair and professional maintenance of mobile phones, cordless phones or slate tablets, either as a service or with a view to the subsequent resale of the repaired device; |
|
(6) |
‘fastener’ means a hardware device or substance that mechanically, magnetically or by other means connects or fixes two or more objects, parts or pieces. A hardware device which in addition serves an electrical function shall also be considered a fastener; |
|
(7) |
‘required fastener’ means any fastener to be disassembled according to the repair instructions provided by manufacturers, importers or authorised representatives to get access to a part which is meant to be replaced by a spare part; |
|
(8) |
‘reusable fastener’ means a fastener that can be completely reused in the reassembly for the same purpose and that does no damage either to the product or to the fastener itself during the disassembly or reassembly process in a way that makes their multiple reuse impossible; |
|
(9) |
‘resupplied fastener’ means a removable fastener that is supplied at no additional cost with the spare part which it is intended to connect or fix; adhesives shall be considered resupplied fasteners if they are supplied with the spare part in a quantity that is sufficient for the reassembly, at no additional cost; |
|
(10) |
‘removable fastener’ means a fastener that is not a reusable fastener, but whose removal does not damage the product, or leave residue, which precludes reassembly; |
|
(11) |
‘battery’ means any part consisting of one or several battery cells, including, as relevant to the product model, an electronic circuitry with battery-related sensors for battery management, housing(s), battery tray, brackets, shieldings, thermal interface materials, and electric connections to other assemblies of the device; |
|
(12) |
‘back cover’ or ‘back cover assembly’ means the main backside housing, including one or more of the following elements, as relevant to the product model: the frame, a backside cover layer attached to the main back cover body, rear-facing camera lens covers, printed antennas, brackets, shieldings, gaskets, electric connections to other assemblies of the device and thermal interface materials; |
|
(13) |
‘auxiliary microphone’ means a microphone that is not essential for user’s voice signals, but provides secondary functions, such as, but not limited to, ambient noise reduction; |
|
(14) |
‘front-facing camera assembly’ means any part consisting of one or several cameras oriented towards the user of the device, including, as relevant to the product model:
|
|
(15) |
‘rear-facing camera assembly’ means any part consisting of one or several cameras oriented to the rear side of the device, including, as relevant to the product model:
|
|
(16) |
‘external audio connector’ means a connector for audio signals to connect to a headset or external loudspeakers or similar audio device, including, as relevant to the product model, brackets, gaskets and electric connections to other assemblies of the device; |
|
(17) |
‘external charging port’ means a port for wired battery charging, possibly also used for data exchange and reverse charging of another device, which is composed of a USB-C receptacle and a related housing and including, as relevant to the product model, brackets, gaskets and electric connections to other assemblies of the device; |
|
(18) |
‘mechanical button’ means a mechanical switch or an assembly of mechanical switches that can be depressed or a slider button which can be mechanically moved to switch on or off functions such as volume, triggering the camera, or switching on or off the device and including, as relevant to the product model, brackets, gaskets and electric connections to other assemblies of the device; |
|
(19) |
‘main microphone(s)’ means the microphone(s) intended for the user’s voice signals including, as relevant to the product model, gaskets and electric connections to other assemblies of the device; |
|
(20) |
‘speaker’ means any loudspeaker and any mechanical part to generate sound, including, as relevant to the product model, module housing(s), gaskets and electric connections to other assemblies of the device; |
|
(21) |
‘hinge assembly’ means a part that allows a device to be folded while preserving its operational integrity including, where relevant, module housings; |
|
(22) |
‘mechanical display folding mechanism’ means a part that allows a device, including its display, to be folded while preserving its operational integrity; |
|
(23) |
‘charger’ means an external power supply to charge the battery of and provide electrical power to a battery-powered mobile phone, cordless phone or slate tablet; |
|
(24) |
‘SIM tray and memory card tray’ means a movable tray for a removable SIM card or memory card; |
|
(25) |
‘display assembly’ means the assembly of display unit and where relevant front panel digitiser unit, including, as relevant to the product model:
|
|
(26) |
‘protective foil for foldable display’ means a protective film designed to be attached to the display of a foldable device to enhance the reliability and to reduce mechanical wear of the screen surface; |
|
(27) |
‘free access website’ means a website that can be accessed without having to pay or to provide personal information, including an email address or phone number; |
|
(28) |
‘failure analysis’ means a process of collecting and analysing data to identify the part of a mobile phone, cordless phone or slate tablet which causes a malfunction; |
|
(29) |
‘separate protective cover’ means a protective cover which may be shipped with a mobile phone, cordless phone or slate tablet, but does not serve as a required part of the housing and is not considered an integral part of the product; |
|
(30) |
‘encryption’ means a (reversible) transformation of data by a cryptographic algorithm to produce ciphertext, namely to hide the information content of the data; |
|
(31) |
‘key’ means a sequence of symbols that controls the operation of a cryptographic transformation (e.g., encipherment, decipherment); |
|
(32) |
‘disassembly’ means a process whereby a product is separated into its parts and/or components in such a way that it could subsequently be reassembled and made operational; |
|
(33) |
‘operating system’ means the general type of pre-installed software that controls the execution of programs and that may provide services such as resource allocation, scheduling, input-output control and data management; it is normally subject to regular updates leading to the establishment of a range of major and minor versions; it includes any pre-installed software applications which the user cannot uninstall; |
|
(34) |
‘security update’ means an operating system update, including security patches, if relevant for a given device, whose main purpose is to provide enhanced security for the device; |
|
(35) |
‘corrective update’ means an operating system update, including corrective patches, whose purpose is to provide corrections to bugs, errors or malfunctions in the operating system; |
|
(36) |
‘functionality update’ means an operating system update whose main purpose is to implement new functionalities; |
|
(37) |
‘rated capacity’ means the amount of electricity declared by the manufacturer that a battery can deliver during a 5-hour period when measured under specified conditions, expressed in milliampere-hours (mAh); |
|
(38) |
‘battery endurance in cycles’ means the number of charge/discharge cycles a battery can withstand until its usable electrical capacity has reached 80 % of its rated capacity, expressed in cycles; |
|
(39) |
‘state of charge’ means the available capacity in a battery expressed as a percentage of rated capacity; |
|
(40) |
‘state of health’ means a measure of the general condition of a rechargeable battery and its ability to deliver the specified performance compared with its initial condition, expressed as the remaining full charge capacity relative to the rated capacity, in %; |
|
(41) |
‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for recording the date of manufacturing of the battery, date of first use of the battery, number of charge/discharge cycles, and the state of health of the battery, and that communicates with the product in which the battery is incorporated; |
|
(42) |
‘remaining capacity’ of a battery means the capacity with the battery keeping normal peak performance and measured relative to when the product was new; |
|
(43) |
‘smart charging’ means an adaptive battery charging profile based on algorithms learning from user behaviour to optimise the charging profile in terms of reducing battery lifetime limiting effects; |
|
(44) |
'Rcyc' means the recyclability rate, expressed in %; |
|
(45) |
‘ingress protection rating’ means the extent of protection provided by an enclosure against ingress of solid foreign objects and/or against ingress of water, measured according to standardised test methods and expressed with a coding system to indicate the degree of such protection; |
|
(46) |
‘date of placement on the market’ means the date of placing on the market of the first unit of a product model; |
|
(47) |
‘date of end of placement on the market’ means the date of placing on the market of the last unit of a product model; |
|
(48) |
‘secure deletion of the encryption key’ means the effective erasure of the encryption key used to encrypt and decrypt data, overwriting the key completely in such a way that access to the original key, or parts of it, becomes infeasible; |
|
(49) |
‘proprietary tool’ means a tool that is not available for purchase by the general public or for which any applicable patents are not available to licence under fair, reasonable and non-discriminatory terms; |
|
(50) |
'basic tools' means a screwdriver for slotted heads, a screwdriver for cross recess screws, a screwdriver for hexalobular recess heads, a hexagon socket key, a combination wrench, combination pliers, combination pliers for wire stripping and terminal crimping, half round nose pliers, diagonal cutters, multigrip pliers, locking pliers, a prying lever, tweezers, magnifying glass, a spudger and a pick; |
|
(51) |
‘commercially available tool’ means a tool that is available for purchase by the general public and is neither basic tools nor a proprietary tool; |
|
(52) |
‘production-equivalent environment’ means an environment that is comparable with the environment in which a product was manufactured; |
|
(53) |
‘use environment’ means an environment where the product is in use; |
|
(54) |
‘workshop environment’ means an environment, that is neither a use environment nor a production-equivalent environment, and where machinery and/or tools are used under controlled conditions as suitable for the repair activities; |
|
(55) |
‘generalist’ means a person with general knowledge of basic repair techniques and safety precautions; |
|
(56) |
‘layman’ means a person without any specific repair experience or related qualifications; |
|
(57) |
'declared values' means the values provided by the manufacturer, importer or authorised representative for the stated, calculated or measured technical parameters in accordance with Article 4, for the verification of compliance by the Member State authorities; |
|
(58) |
‘fully extended state’ means a state of the device whereby movable parts as intended for use, such as displays and keyboards, are unfolded, flipped open or similarly extended in a way that the projected area of length times width is maximised. |
ANNEX II
Ecodesign requirements
A. MOBILE PHONES OTHER THAN SMARTPHONES
1. RESOURCE EFFICIENCY REQUIREMENTS
1.1. Design for repair and reuse
(1) Availability of spare parts:
|
(a) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall make available to professional repairers at least the following spare parts, including required fasteners, if not reusable, until at least 7 years after the date of end of placement on the market, when present:
|
|
(b) |
Spare parts concerned by points (a) and (c) shall not be assemblies comprising more than one of the listed spare part types, with the following exceptions:
|
|
(c) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later:
|
|
(d) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, the list of spare parts concerned by point (a) and (c) and the procedure for ordering them shall be publicly available on the free access website of the manufacturer, importer or authorised representative, until the end of the period of availability of these spare parts; |
(2) Access to repair and maintenance information
|
(a) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall, at least until 7 years after the date of end of placement on the market, provide access to repair and maintenance information to professional repairers for parts covered by points 1(a) and (c) in the following conditions, unless that information is made publicly available at the free access website of the manufacturer, importer or authorised representative:
|
|
(b) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, repair instructions and maintenance information for parts concerned by point 1(c) shall be publicly available at the free access website of the manufacturer, importer or authorised representative, until at least 7 years after the date of end of placement on the market. This information shall contain the level of detail needed to be able to replace parts covered by point 1(c). |
(3) Maximum delivery time of spare parts
|
(a) |
manufacturers, importers or authorised representatives shall ensure that:
|
|
(b) |
In the case of spare parts concerned by point 1(a), the availability of spare parts may be limited to professional repairers registered in accordance with point 2 (a) and (b). |
(4) Information on the price of spare parts
During the period referred to in points 1(a) and (c), manufacturers, importers or authorised representatives shall provide indicative pre-tax prices at least in euro for spare parts listed in points 1(a) and (c), including the pre-tax price of fasteners and tools, if supplied with the spare part, on the free access website of the manufacturer, importer or authorised representative.
(5) Disassembly requirements
Manufacturers, importers or authorised representatives shall meet the following disassembly requirements:
|
(a) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for replacement of the display assembly and of parts referred to in point 1(a), with the exception of the battery or batteries, meets the following criteria:
|
|
(b) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for replacement of parts referred to in point 1(c), with the exception of the battery or batteries, meets the following criteria:
|
|
(c) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for battery replacement:
|
(6) Requirements for preparation for reuse
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that devices include a software function, that resets the device to its factory settings and erases securely by default all personal information including but not limited to address book, text messages, pictures, videos, settings and call history.
1.2. Design for reliability
From 20 June 2025:
|
(1) |
Resistance to accidental drops: Manufacturers, importers or authorised representatives shall ensure that the devices pass 45 falls without any protective foil or separate protective cover, except for foldable mobile phones other than smartphones designed to be used with a protective foil on the foldable display, without loss of functionality, following the test procedure set out in Annex III; foldable mobile phones other than smartphones designed to be used with a protective foil on the foldable display shall pass 35 falls in the un-extended state and 15 falls in the extended state, without loss of functionality, following the test procedure set out in Annex III and tested with the protective foil. |
|
(2) |
Scratch resistance: Manufacturers, importers or authorised representatives shall ensure that the screen of the device passes the hardness level 4 on the Mohs hardness scale, except for foldable mobile phones other than smartphones designed to be used with a protective foil on the foldable display. |
|
(3) |
Protection from dust and water: Manufacturers, importers or authorised representatives shall ensure that the devices are protected against the ingress of solid foreign objects of size bigger than 1 millimeter and splashing of water. |
|
(4) |
Battery endurance in cycles: Manufacturers, importers or authorised representatives shall ensure that the devices achieve at least 500 cycles at 80 % remaining capacity, to be tested under charging conditions where the charging rate is limited by the battery management system and not by the power delivery capabilities of the power supply. |
|
(5) |
Battery management:
|
|
(6) |
Operating system updates:
|
1.3. Marking of plastic components
From 20 June 2025, plastic components heavier than 50 g shall be marked by specifying the type of polymer with the appropriate standard symbols or abbreviated terms set between the punctuation marks ‘>’ and ‘<’ as specified in available standards. The marking shall be legible.
Plastic components shall be exempt from marking requirements provided the following conditions are fulfilled:
|
(i) |
the marking is not possible because of the shape or size; |
|
(ii) |
the marking would impact on the performance or functionality of the plastic component; |
|
(iii) |
marking is technically not possible because of the molding method. |
For the following plastic components no marking shall be required:
|
(i) |
packaging, tape, labels and stretch wraps; |
|
(ii) |
wiring, cables and connectors, rubber parts and any other component where not enough appropriate surface area is available for the marking to be of a legible size; |
|
(iii) |
PCB assemblies, PMMA boards, optical components, electrostatic discharge components, electromagnetic interference components, speakers; |
|
(iv) |
transparent parts where the marking would obstruct the function of the part in question. |
1.4. Recyclability requirements
From 20 June 2025:
|
(1) |
Manufacturers, importers or their authorised representatives shall, without prejudice to Article 15(1) of Directive 2012/19/EU of the European Parliament and of the Council (2), make available, on a free access website, the dismantling information needed to access any of the products components referred to in Annex VII, point 1, of Directive 2012/19/EU. |
|
(2) |
The information referred to in point (1) shall include the sequence of dismantling steps, tools or technologies needed to access the targeted components. |
|
(3) |
The information referred to in point (1) shall be available until at least 15 years after the placing on the market of the last unit of a product model. |
2. INFORMATION REQUIREMENTS
From 20 June 2025:
|
(1) |
Manufacturers, importers or authorised representatives shall provide in the technical documentation and make publicly available on free access websites of the manufacturer, importer or authorised representative the following information:
|
|
(2) |
Manufacturers, importers or authorised representatives shall provide user instructions in the form of a user manual on a free access website of the manufacturer, importer or authorised representative. Those instruction shall include instructions for battery maintenance, including the following:
|
|
(3) |
Where the package does not include a charger, the user instructions referred to in point 2 shall include the following information: “For environmental reasons this package does not include a charger. This device can be powered with most USB power adapters and a cable with USB Type-C plug.”. |
B. SMARTPHONES
1. RESOURCE EFFICIENCY REQUIREMENTS
1.1. Design for repair and reuse
(1) Availability of spare parts
|
(a) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall make available to professional repairers at least the following spare parts, including required fasteners, if not reusable, until at least 7 years after the date of end of placement on the market, when present:
|
|
(b) |
Spare parts concerned by points (a) and (c) shall not be assemblies comprising more than one of the listed spare part types, with the following exceptions:
|
|
(c) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later:
|
|
(d) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, the list of spare parts concerned by points (a) and (c) and the procedure for ordering them shall be publicly available on the free access website of the manufacturer, importer or authorised representative, until the end of the period of availability of these spare parts. |
(2) Access to repair and maintenance information
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall, at least until 7 years after the date of end of placement on the market, provide access to repair and maintenance information to professional repairers for parts covered by points 1(a) and (c) in the following conditions, unless that information is made publicly available at the free access website of the manufacturer, importer or authorised representative:
|
(a) |
The manufacturer’s, importer’s or authorised representative’s website shall indicate the process for professional repairers to register for access to information; to accept such a request, the manufacturers, importers or authorised representatives may only require the professional repairer to demonstrate that:
|
|
(b) |
Manufacturers, importers or authorised representatives shall accept or refuse the registration within 5 working days from the date of request. In the case of refusal, a clear justification will be provided to the requestee outlining the reasons behind such decision, which shall be revoked, if the same professional repairer requests to be registered with updated information, which complies with the conditions for being granted access; |
|
(c) |
Manufacturers, importers or authorised representatives may charge reasonable and proportionate fees for access to the repair and maintenance information or for receiving regular updates of such information. The registration as such shall be provided for free. A fee shall be considered reasonable in particular if it does not discourage access by failing to take into account the extent to which the professional repairer uses the information; |
|
(d) |
Once registered, a professional repairer shall have access, within 1 working day after requesting it, to the requested repair and maintenance information. The information may be provided for an equivalent model or model of the same family, if relevant; |
|
(e) |
The repair and maintenance information referred to in point (a) shall contain the level of detail needed to be able to replace parts covered by point 1(a) and (c) and shall at least include:
|
|
(f) |
Without prejudice to intellectual property rights, third parties shall be allowed to use and publish unaltered repair and maintenance information initially published by the manufacturer, importer or authorised representative and covered by point (e) once the manufacturer, importer or authorised representative terminates access to that information after the end of the period of access to repair and maintenance information. |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, repair instructions and maintenance information for parts concerned by point 1(c) shall be publicly available at the free access website of the manufacturer, importer or authorised representative, until at least 7 years after the date of end of placement on the market. This information shall contain the level of detail needed to be able to replace parts covered by point 1(c).
(3) Maximum delivery time of spare parts
|
(a) |
manufacturers, importers or authorised representatives shall ensure that:
|
|
(b) |
In the case of spare parts concerned by point 1(a), the availability of spare parts may be limited to professional repairers registered in accordance with points 2 (a) and (b). |
(4) Information on the price of spare parts
During the period referred to in points 1(a) and (c), manufacturers, importers or authorised representatives shall provide indicative pre-tax prices at least in euro for spare parts listed in points 1(a) and (c), including the pre-tax price of fasteners and tools, if supplied with the spare part, on the free access website of the manufacturer, importer or authorised representative.
(5) Disassembly requirements
Manufacturers, importers or authorised representatives shall meet the following disassembly requirements:
|
(a) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for replacement of the display assembly and of parts referred to in point 1(a), with the exception of the battery or batteries, meets the following criteria:
|
|
(b) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for replacement of parts referred to in point 1(c), with the exception of the battery or batteries, meets the following criteria:
|
|
(c) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for battery replacement:
|
(6) Requirements for preparation for reuse
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that devices:
|
(a) |
encrypt by default, using a random encryption key, the user data stored in the internal storage of the device; |
|
(b) |
include a software function, that resets the device to its factory settings and erases securely by default the encryption key and generates a new one; |
|
(c) |
record the following data from the battery management system in the system settings or another location accessible for end-users:
|
(7) Replacement of serialised parts
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall, at least until 7 years after the date of end of placement on the market:
|
(a) |
In case the parts to be replaced by spare parts referred to in point 1(a) are serialised parts, 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; |
|
(b) |
In case the parts to be replaced by spare parts referred to in point 1(c) are serialised parts, provide non-discriminatory access for professional repairers and end-users 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; |
|
(c) |
Provide, on a free access website of the manufacturer, importer or authorised representative, a description of the procedure for the notification and authorisation of the intended replacement of serialised parts by the owner of the device referred to in point (d); the procedure shall allow for remotely providing the notification and authorisation; |
|
(d) |
Before providing access to the software tools, firmware or similar auxiliary means referred to in points (a) and (b), the manufacturer, importer or authorised representative may only require to have received a notification and authorisation of the intended part replacement by the owner of the device. Such notification and authorisation may also be provided by a professional repairer with the explicit written consent of the owner; |
|
(e) |
Manufacturers, importers or authorised representatives shall provide access to the software tools, firmware or similar auxiliary means referred to in points (a) and (b) within 3 working days after having received the request and, where applicable, the notification and authorisation referred to in point (d); |
|
(f) |
The access to the software tools, firmware or similar auxiliary means referred to in point (a) may, as regards professional repairers, be limited to professional repairers registered in accordance with points 2(a) and (b). |
1.2. Design for reliability
From 20 June 2025:
|
(1) |
Resistance to accidental drops: Manufacturers, importers or authorised representatives shall ensure that the devices pass 45 falls without any protective foil or separate protective cover, except for foldable smartphones designed to be used with a protective foil on the foldable display, without loss of functionality, following the test procedure set out in Annex III; foldable smartphones designed to be used with a protective foil on the foldable display shall pass 35 falls in the un-extended state and 15 falls in the extended state, without loss of functionality, following the test procedure set out in Annex III and tested with the protective foil. |
|
(2) |
Scratch resistance: Manufacturers, importers or authorised representatives shall ensure that the screen of the device passes the hardness level 4 on the Mohs hardness scale, except for foldable smartphones designed to be used with a protective foil on the foldable display. |
|
(3) |
Protection from dust and water: Manufacturers, importers or authorised representatives shall ensure that the devices are protected against the ingress of solid foreign objects of size bigger than 1 millimeter and splashing of water. |
|
(4) |
Battery endurance in cycles: Manufacturers, importers or authorised representatives shall ensure that the devices achieve at least 800 cycles at 80 % remaining capacity, to be tested under charging conditions where the charging rate is limited by the battery management system and not by the power delivery capabilities of the power supply. |
|
(5) |
Battery management:
|
|
(6) |
Operating system updates:
|
1.3. Marking of plastic components
From 20 June 2025, plastic components heavier than 50 g shall be marked by specifying the type of polymer with the appropriate standard symbols or abbreviated terms set between the punctuation marks ‘>’ and ‘<’ as specified in available standards. The marking shall be legible.
Plastic components shall be exempt from marking requirements provided the following conditions are fulfilled:
|
(i) |
the marking is not possible because of the shape or size; |
|
(ii) |
the marking would impact on the performance or functionality of the plastic component; |
|
(iii) |
marking is technically not possible because of the molding method. |
For the following plastic components no marking shall be required:
|
(i) |
packaging, tape, labels and stretch wraps; |
|
(ii) |
wiring, cables and connectors, rubber parts and any other component where not enough appropriate surface area is available for the marking to be of a legible size; |
|
(iii) |
PCB assemblies, PMMA boards, optical components, electrostatic discharge components, electromagnetic interference components, speakers; |
|
(iv) |
transparent parts where the marking would obstruct the function of the part in question. |
1.4. Recyclability requirements
From 20 June 2025:
|
(1) |
Manufacturers, importers or their authorised representatives shall, without prejudice to Article 15(1) of Directive 2012/19/EU, make available, on a free access website, the dismantling information needed to access any of the products components referred to in Annex VII, point 1, of Directive 2012/19/EU. |
|
(2) |
The information referred to in point (1) shall include the sequence of dismantling steps, tools or technologies needed to access the targeted components. |
|
(3) |
The information referred to in point (1) shall be available until at least 15 years after the placing on the market of the last unit of a product model. |
2. INFORMATION REQUIREMENTS
From 20 June 2025:
|
(1) |
Manufacturers, importers or authorised representatives shall provide in the technical documentation and make publicly available on free access websites of the manufacturer, importer or authorised representative the following information:
|
|
(2) |
Manufacturers, importers or authorised representatives shall provide user instructions in the form of a user manual on a free access website of the manufacturer, importer or authorised representative, and shall include:
|
|
(3) |
Manufacturers, importers or authorised representatives shall ensure that:
|
|
(4) |
Where the package does not include a charger, the user instructions referred to in point 2 shall include the following information: “For environmental reasons this package does not include a charger. This device can be powered with most USB power adapters and a cable with USB Type-C plug.”. |
C. CORDLESS PHONES
1. LOW POWER MODES
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that cordless phones meet the following requirements:
|
(1) |
the networked standby power consumption Pn of a base station shipped with a cordless phone shall not exceed 1 W, regardless of whether a handset is on the base station; |
|
(2) |
the standby power consumption Pn of a charging cradle without base station functionality shipped with a cordless phone shall not exceed 0,6 W with the charged handset on the charging cradle and 0,3 W without the handset on the charging cradle. |
2. RESOURCE EFFICIENCY REQUIREMENTS
2.1. Design for repair and reuse
(1) Availability of spare parts
|
(a) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall make available to professional repairers at least the following spare parts, including required fasteners, if not reusable, until at least 7 years after the date of end of placement on the market, when present:
|
|
(b) |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall make available to professional repairers and end-users at least the following spare parts, until at least 7 years after the date of end of placement on the market:
|
|
(c) |
Spare parts concerned by points (a) and (b) shall not be assemblies comprising more than one of the listed spare part types; |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, the list of spare parts concerned by points (a) and (b) and the procedure for ordering them shall be publicly available on the free access website of the manufacturer, importer or authorised representative, until the end of the period of availability of these spare parts.
Cordless phones shall be designed for the use of rechargeable batteries with standardised physical dimensions.
(2) Access to repair and maintenance information
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, manufacturers, importers or authorised representatives shall, at least until 7 years after the date of end of placement on the market, provide access to repair and maintenance information to professional repairers for parts covered by points 1(a) and (b) in the following conditions, unless that information is made publicly available at the free access website of the manufacturer, importer or authorised representative:
|
(a) |
The manufacturer’s, importer’s or authorised representative’s website shall indicate the process for professional repairers to register for access to information; to accept such a request, the manufacturers, importers or authorised representatives may only require the professional repairer to demonstrate that:
|
|
(b) |
Manufacturers, importers or authorised representatives shall accept or refuse the registration within 5 working days from the date of request. In the case of refusal, a clear justification will be provided to the requestee outlining the reasons behind such decision, which shall be revoked, if the same professional repairer requests to be registered with updated information, which complies with the conditions for being granted access; |
|
(c) |
Manufacturers, importers or authorised representatives may charge reasonable and proportionate fees for access to the repair and maintenance information or for receiving regular updates of such information. The registration as such shall be provided for free. A fee shall be considered reasonable in particular if it does not discourage access by failing to take into account the extent to which the professional repairer uses the information; |
|
(d) |
Once registered, a professional repairer shall have access, within 1 working day after requesting it, to the requested repair and maintenance information. The information may be provided for an equivalent model or model of the same family, if relevant; |
|
(e) |
The repair and maintenance information referred to in point (a) shall contain the level of detail needed to be able to replace parts covered by points 1(a) and (b) and shall at least include:
|
|
(f) |
Without prejudice to intellectual property rights, third parties shall be allowed to use and publish unaltered repair and maintenance information initially published by the manufacturer, importer or authorised representative and covered by point (e) once the manufacturer, importer or authorised representative terminates access to that information after the end of the period of access to repair and maintenance information. |
From 20 June 2025 or from one month after the date of placement on the market, whichever is later, repair instructions and maintenance information for parts concerned by point 1(b) shall be publicly available at the free access website of the manufacturer, importer or authorised representative, until at least 7 years after the date of end of placement on the market. This information shall contain the level of detail needed to be able to replace parts covered by point 1(b).
(3) Maximum delivery time of spare parts
|
(a) |
manufacturers, importers or authorised representatives shall ensure that:
|
|
(b) |
In the case of spare parts concerned by point 1(a), the availability of spare parts may be limited to professional repairers registered in accordance with points 2 (a) and (b). |
(4) Information on the price of spare parts
During the period referred to in points 1(a) and (b), manufacturers, importers or authorised representatives shall provide indicative pre-tax prices at least in euro for spare parts listed in points 1(a) and (b), including the pre-tax price of fasteners and tools, if supplied with the spare part, on the free access website of the manufacturer, importer or authorised representative.
(5) Disassembly requirements
Manufacturers, importers or authorised representatives shall meet the following disassembly requirements:
|
(a) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for replacement of parts referred to in point 1(a) meets the following criteria:
|
|
(b) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for battery replacement meets the following criteria:
|
|
(c) |
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that the process for display assembly replacement meets the following criteria:
|
(6) Requirements for preparation for reuse
From 20 June 2025, manufacturers, importers or authorised representatives shall ensure that devices include a software function, that resets the device to its factory settings and erases securely by default all personal information including but not limited to address book, text messages, pictures, videos, settings and call history.
2.2. Marking of plastic components
From 20 June 2025, plastic components heavier than 50 g shall be marked by specifying the type of polymer with the appropriate standard symbols or abbreviated terms set between the punctuation marks ‘>’ and ‘<’ as specified in available standards. The marking shall be legible.
Plastic components shall be exempt from marking requirements provided the following conditions are fulfilled:
|
(i) |
the marking is not possible because of the shape or size; |
|
(ii) |
the marking would impact on the performance or functionality of the plastic component; |
|
(iii) |
marking is technically not possible because of the molding method. |
For the following plastic components no marking shall be required:
|
(i) |
packaging, tape, labels and stretch wraps; |
|
(ii) |
wiring, cables and connectors, rubber parts and any other component where not enough appropriate surface area is available for the marking to be of a legible size; |
|
(iii) |
PCB assemblies, PMMA boards, optical components, electrostatic discharge components, electromagnetic interference components, speakers; |
|
(iv) |
transparent parts where the marking would obstruct the function of the part in question. |
2.3. Recyclability requirements
From 20 June 2025:
|
(1) |
Manufacturers, importers or their authorised representatives shall, without prejudice to Article 15(1) of Directive 2012/19/EU, make available, on a free access website, the dismantling information needed to access any of the products components referred to in Annex VII, point 1, of Directive 2012/19/EU. |