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:

(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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(11) The requirements set out in this Regulation should apply from 21 months after its entry into force.

(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:

(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

(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;

(6) ‘point of sale’ means a location where smartphone or slate tablet units are displayed or offered for sale, hire or hire-purchase.

Article 3

Obligations of suppliers

(a) each smartphone or slate tablet is supplied with a printed label in the format as set out in Annex III;

(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;

(c) where specifically requested by the dealer, the product information sheet is made available in printed form;

(d) the content of the technical documentation, as set out in Annex VI, is entered into the product database;

(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;

(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;

(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;

(h) an electronic product information sheet, as set out in Annex V, is made available to dealers for each smartphone and slate tablet model.

Article 4

Obligations of dealers

Dealers shall ensure that:

(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).