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)

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.

1 For the purpose 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, and 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) ‘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; and (e) it is placed on the market with an operating system designed for mobile platforms, identical or analogous to smartphones; (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.

1 Suppliers shall ensure that: (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.

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.

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.

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.

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.

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.

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.