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)

Article 1

Subject matter and scope

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;

(c) smartphones, other mobile phones, cordless phones and slate tablets intended for use in potentially explosive atmospheres and covered by Directive 2014/34/EU.

Article 2

Definitions

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: (a) it is designed for long-range voice communication over either a cellular telecommunications network or a satellite based telecommunications network, requiring a SIM card, eSIM or similar means to identify the connected parties; (b) it is designed for battery mode usage, while connection to mains via an external power supply and/or wireless power transmission is mainly for battery charging purposes; (c) it is not designed to be worn on the wrist.

(2) ‘smartphone’ means a mobile phone, which has the following characteristics: (a) it is characterised by wireless network connection, mobile use of internet services, an operating system optimised for handheld use and the ability to accept original and third-party software applications; (b) it has an integrated touch screen display with a viewable diagonal size of 10,16 centimetres (or 4,0 inches) or more, but less than 17,78 centimetres (or 7,0 inches); (c) where the device has a foldable display or has more than one display, at least one of the displays falls into the size range in either opened or closed mode.

(3) ‘smartphone for high security communication’ means a smartphone, which has the following characteristics: (a) it is accredited, or otherwise approved by the designated authority in a Member State or is in the process of accreditation or other approval to transmit, process or store classified information; (b) it is intended for professional users only; (c) it is capable of detecting physical intrusion to the hardware, including for intrusion detection at least a controller, related wiring, flexible printed circuit board circuitry for drill protection integrated to the device chassis and integrated tamper loops on the main printed circuit board.

(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: (a) it is designed for long-range voice communication over a landline telecommunications network; (b) it is connected to a base station through a radio interface; (c) it is designed for battery mode usage, while connection to mains via an external power supply is mainly for battery charging purposes.

(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: (a) it has an integrated touch-sensitive display with a viewable diagonal size greater than or equal to 17,78 centimetres (or 7,0 inches) and less than 44,20 centimetres (or 17,4 inches); (b) it does not have an integrated, physically attached keyboard in its designed configuration; (c) it primarily relies on a wireless network connection; (d) it is powered by an internal battery and is not intended to work without battery; (e) it is placed on the market with an operating system designed for mobile platforms, identical or analogous to smartphones;

(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.

Article 3

Ecodesign requirements

The ecodesign requirements set out in Annex II shall apply from the dates indicated therein.

Article 4

Conformity assessment

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.

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 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 (¹) 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) 2023/1670, 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.

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: (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;

(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: (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;

(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: (a) backplate; (b) shielding; (c) display frame; (d) backlight units; (e) electronics circuitry including: (i) display driver but excluding the main graphics processing unit functionality; (ii) row and column controllers; (iii) touch signal circuitry; (iv) electric connections to other assemblies of the device;

(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;