(fra kommisjonsforordningen)

(1) Commission Regulation (EU) 2023/16702 establishes ecodesign requirements for smartphones, mobile phones other than smartphones, cordless phones and slate tablets. 

(2) Directive 2014/34/EU introduces specific design requirements for equipment and protective systems intended for use in potentially explosive atmospheres. Therefore, smartphones, other mobile phones, cordless phones and slate tablets covered by that Directive should be exempted from Regulation (EU) 2023/1670. 

(3) Annex II to Regulation (EU) 2023/1670 requires that a range of spare parts are made available to professional repairers or end users, and it establishes two different maximum delivery timelines of those spare parts: five working days during the first five years and ten working days during the remaining two years. However, the obligation to provide spare parts may last longer than seven years. Therefore, this error needs to be corrected. Given that the error affects all products covered by the Regulation, the same correction has to be made for each product group inparts A to D, section 1.1, point (3), of that Annex. 

(4) Annex II to Regulation (EU) 2023/1670 establishes different disassembly requirements for various parts of the product. There is an error regarding the requirements for the replacement of the display assembly, which was erroneously included in two separate sections of the requirements. For clarity and consistency this error in parts A, B and D, section 1.1, point (5), of that Annex, needs to be rectified. The same applies to part C, section 2.1, point (5) where the display assembly is included in both points (a) and (c); therefore, point (c) needs to be deleted. 

(5) Article 40 paragraphs 1 to 4 of Regulation (EU) 2024/1781 tackles circumvention in a comprehensive manner and applies to products covered by Regulation (EU) 2023/1670 since the entry into application of Regulation 2024/1781. Therefore Article 6 of Regulation (EU) 2023/1670 has become redundant and should be deleted. 

(6) Regulation (EU) 2023/1670 should therefore be corrected and amended accordingly. 

(7) This Regulation should apply from 20 June 2025 in order to provide legal certainty with regard to the date of application of the ecodesign requirements under Regulation (EU) 2023/1670 . 

(8) 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,