EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
laying down ecodesign requirements for mobile phones, cordless phones and slate tablets 
pursuant to Directive 2009/125/EC of the European Parliament and of the Council and 
amending [add reference to the revised Ecodesign Regulation on standby, networked 
standby and off mode]  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
laying down ecodesign requirements for mobile phones, cordless phones and slate tablets 
pursuant to Directive 2009/125/EC of the European Parliament and of the Council and 
amending [add reference to the revised Ecodesign Regulation on standby, networked 
standby and off mode]  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty o n 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 products1, and in particu lar 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 environme ntal 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 d emand for smartphones and tablets, combined 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 recyc lability.  
(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 f rom 
                                                 
1 OJ L 285, 31.10.2009, p. 10.   
EN 2  EN 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) 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 t o 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 value s 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 Regulatio n and Commission 
Delegated Regulation [OP: please insert reference to accompanying energy labelling 
delegated act] 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 t han 
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 . 
(6) The r elevant 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 Council2. 
(7) In accordance with Article 8 of Directive 2009/125/EC, this Regulation should specify 
the applicable conformity assessment procedu res. 
(8) 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 th at information relates to 
the requirements laid down in this Regulation.  
(9) For market surveillance purposes, manufacturers, importers or authorised 
representatives should be allowed to refer to the product database if the technical 
documentation as per Commiss ion Delegated Regulation (EU) 20 XX/XXX3 [OP: 
please insert number] contains the same information.  
                                                 
2 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).  
3 Commission Delegated Regulation (EU) 2022/XXX [full OJ -L references of Regulation EL 
smartphones/tablets ]  
EN 3  EN (10) In order to protect consumers and to avoid that the rules laid down in this Regulation 
are circumvented, products that automatically alter their performance i n test conditions 
to improve the declared parameters should be prohibited.  
(11) 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 e nvironmental 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).  
(12) The requirement concerning  a functionality for secure erasur e 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 in stallable in the 
supported operating systems provided with the product . 
(13) 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 othe r factors, whether all provisions have been implemented and show an 
effect on the market.  
(14) Commission Regulation [OP: please insert number of revised Ecodesign Regulation 
on standby, networked standby and off mode] should be amended to exclude cordless 
phon es from its scope in order to prevent any overlap with the same products in the 
scope of this Regulation.  
(15) The entry into application of ecodesign requirements should be 12 months after the 
entry into force of this Regulation, in order to give manufacturers  sufficient time to 
redesign their products subject to this Regulation.  The requirements aimed at allowing 
repair operations by  end -users , should have an entry into application 18 months after 
the entry into force of this Regulation, i.e. 6 months after t he other requirements, as it 
is expected that these requirements entail the mo st significant design changes.  
(16) 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 
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) smartphone s designed for high security communication.   
Article 2  
Definitions  
1. For the purpose s of this Regulation, the following definitions shall apply:   
EN 4  EN (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 telecommu nications 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 
chargin g purposes;  
(c) it is not designed to be worn on the wri st. 
(2) ‘smartphone’ means a mobile phone , which has the following characteristics : 
(a) it is characteri sed by wireless network connection, mobile use of internet 
services, and the ability to accept original and third -party software 
applications ; 
(b) it has an integrated touch screen display with a diagonal size of 4 inches or 
more but less than 7 inches ; 
(c) where the d evice has more than one and/or foldable displays , at least one of the 
displays falls into the size rang e 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 formally approved by the designated authority in a 
Member State or is in the process  of accreditation or other formal 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 contro ller, 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) ‘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 mainl y for battery charging purposes.  
(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 d iagonal size 
greater than  or equal to 7 ,0 inches and less than 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 bat tery and is not intended to work without battery;   
EN 5  EN (e) it is placed on the market with an operating system designed for mobile 
platforms, identical or analogous to smartphones.  
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 te chnical 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 calculation s set out in Annex II I to this Regulation.  
3. Where the information included in th e 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 o f 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 calculatio n 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 include the i nformation in the order and as set out 
in Annex VI to Delegated Regulation (EU) 20YY/XXX [EL smartphones/tablets] . 
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) 
20YY/ XXX  [EL smartphones/tablets] . 
Article 5  
Verification procedure for market surveilla nce 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.   
EN 6  EN Article 6  
Measures against c ircumvention  
1. Manufacturers, importers or authorised representatives shall not place on the market 
products designed to be able to detect they are being tested, and to react specifically 
by automatically altering their performance during the test with the aim of reachin g a 
more favourable level for any of the parameters declared by the manufacturer, 
importer or authorised representative in the technical documentation or included in 
any documentation provided.  
2. The energy consumption of the product and any of the other dec lared parameters 
shall not deteriorate after a n operating system  software update or a firmware update 
when measured with the same test standard originally used for the declaration of 
conformity, except with the explicit consent of the end -user prior to the update. No 
performance change shall occur as a result of rejecting the update , except for third -
party application software . 
3. A software update shall never have the effect of changing the product's performance 
in a way that makes it non -compliant with the e codesign requirements applicable for 
the declaration of conformity.  
Article 7  
Indicative benchmarks  
The indicative benchmarks for the best -performing products and technologies available on the 
market [OP please insert date at the time of adopting this Regulation] 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 to the Consultation Forum established pursuant to Article 
14(1) of Regulation (EU) 2017/1369 of the European Parliament and of the Council4 by [OP 
please insert the date = 4 years after the entry into force  of this Regulation ].  
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 feasibility of increasing  the stringency of the specific requirement on battery 
endurance in cycles;  
(e) the feasibility of defining a standardised battery that could be used interchangeably 
across a range of mobile phones and slate tablets;  
                                                 
4 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).   
EN 7  EN (f) the need to set out  requirements to enable or improve repair with used and/or third -
party spare parts;  
(g) the need to revise or extend the list of spare parts , of spare parts availability per 
target group (professional repairers, en d-users)  and of repair information , for which 
requirements are set out ; 
(h) the need to revise the reparability score, considering additional reparability criteria 
and/or to extend the score to other relevant aspects, such as durability in general;  
(i) the inclusi on of further chemical elements in the information requirements in Annex 
II; 
(j) the need to include reliability requirements related to foldable devices ; 
(k) the feasibility to impose requirements on the recycled content of materials . 
Article 9  
Amendment to [OP add reference to the revised Ecodesign Regulation on standby, 
networked standby and off mode]  
Regulation [OP: please insert number of revised Ecodesign Regulation on standby, 
networked standby and off mode ] 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 technolo gies 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 [OP: please insert t he number of this 
Regulation], and projectors w ith 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 [OP please insert date = 12 months from the  date of  entry into force of this 
Regulation ]. This Regulation shall be binding in its entirety and directly applica ble in all 
Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN