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Smartphones and Mobile Devices Under ESPR
Smartphones and mobile devices are among the first product categories subject to mandatory Digital Product Passports under the Ecodesign for Sustainable Products Regulation (EU 2024/1781). The delegated act covering smartphones and mobile phones is expected by 2025, making this one of the most urgent compliance priorities for electronics manufacturers and importers.
Truth Anchor: ESPR Article 4 empowers the European Commission to adopt delegated acts setting ecodesign requirements for specific product categories. The Commission's working plan identifies smartphones and mobile phones as a priority category for early delegated act adoption. Source: EUR-Lex CELEX:32024R1781
Why Smartphones Are a Priority Under ESPR
The European Commission identified smartphones as a priority category for several reasons. First, the volume of smartphones placed on the EU market is enormous — approximately 150 million units per year. Second, smartphones have a significant environmental footprint: the production of a single smartphone requires approximately 70 kg of raw materials, including rare earth elements, cobalt, lithium, and gold. Third, smartphone lifespans are shorter than technically necessary, driven by software obsolescence and limited repairability. ESPR addresses all three of these issues through mandatory ecodesign requirements and the Digital Product Passport.
The existing Ecodesign Directive (2009/125/EC) did not cover smartphones. ESPR fills this gap by bringing smartphones into the ecodesign framework for the first time. The regulation requires the Commission to adopt a delegated act for smartphones and mobile phones, which will set binding requirements for energy efficiency, repairability, durability, recycled content, and the Digital Product Passport. The delegated act is expected to be adopted in 2025, with a transition period of 18–24 months before mandatory compliance.
Expected ESPR Requirements for Smartphones
Based on the Commission's preparatory studies and the ESPR framework, the following requirements are expected for smartphones under the delegated act:
Energy efficiency: Smartphones will be required to meet minimum energy efficiency standards, likely expressed as a maximum energy consumption per hour of use or per unit of processing power. The delegated act will also require energy efficiency labelling, enabling consumers to compare the energy consumption of different devices.
Repairability: ESPR requires that smartphones be designed for repair. This means manufacturers must ensure that common spare parts — batteries, screens, charging ports, cameras — are available to independent repairers for a minimum period after the product is placed on the market. The minimum availability period is expected to be five to seven years. Manufacturers must also provide repair manuals and diagnostic tools to independent repairers. The use of adhesives, soldering, or other techniques that prevent disassembly without damage will be restricted.
Software support: ESPR addresses software obsolescence by requiring manufacturers to provide security updates for a minimum period — expected to be five years — and functional software updates for a minimum period — expected to be three years. Manufacturers must not use software updates to degrade the performance of older devices or to encourage premature replacement.
Battery durability: Smartphone batteries must retain a minimum percentage of their original capacity after a specified number of charge cycles. The expected requirement is 80% capacity retention after 800 charge cycles. Batteries must also be replaceable by the user or by an independent repairer without specialised tools.
Recycled content: The delegated act is expected to set minimum recycled content requirements for specific materials, including recycled cobalt, recycled lithium, and recycled plastics. The exact percentages are under development in the Commission's preparatory studies.
Hazardous substances: ESPR works alongside the REACH Regulation to restrict hazardous substances in smartphones. The DPP must disclose the location and concentration of substances of concern, enabling recyclers to safely recover valuable materials.
Digital Product Passport Requirements for Smartphones
Every smartphone placed on the EU market after the delegated act compliance date must have a Digital Product Passport accessible via a QR code or NFC tag on the product or its packaging. The DPP must contain the following data categories, as specified in ESPR Annex III:
| Data Category | Specific Data Fields | Access Level |
|---|---|---|
| Product identification | Model name, model number, IMEI range, manufacturer name, country of manufacture | Public |
| Battery data | Battery chemistry, capacity (mAh), rated cycles, State of Health threshold, replacement procedure | Public |
| Repairability | Repairability score (EU scale), spare parts availability, repair manual URL, disassembly instructions | Public |
| Software support | Security update end date, functional update end date, OS version compatibility | Public |
| Materials | Recycled cobalt %, recycled lithium %, recycled plastics %, total weight | Public |
| Substances of concern | Substance name, CAS number, concentration, location in product | Authorised access |
| End-of-life | Disassembly instructions, material recovery rates, take-back scheme details | Public |
| Carbon footprint | CO2e per unit (lifecycle), breakdown by phase (production, use, end-of-life) | Public |
What Smartphone Manufacturers Must Do Now
The delegated act for smartphones is expected in 2025. Given the 18–24 month transition period, mandatory compliance is likely from 2026–2027. Manufacturers and importers who place smartphones on the EU market should begin preparation immediately. The following actions are required:
Data collection and mapping: Manufacturers must map the data that will be required in the DPP against their existing product data systems. In most cases, the required data exists within the organisation but is held in different systems — product lifecycle management (PLM), enterprise resource planning (ERP), supply chain management (SCM), and quality management systems (QMS). Integrating these data sources into a single DPP data feed is the most significant technical challenge for most manufacturers.
Supply chain data collection: Much of the data required for the DPP — recycled content percentages, substance of concern data, carbon footprint data — must be collected from suppliers. Manufacturers must establish supplier data collection processes and contractual requirements for DPP data provision. This is a multi-year process for complex supply chains.
DPP system selection: Manufacturers must decide whether to build a proprietary DPP system or use a third-party DPP registry. The EU will operate a central ESPR product database, but this is a regulatory database, not a consumer-facing DPP system. Most manufacturers will use a third-party registry. Key selection criteria include ESPR technical compliance, data ownership provisions, GS1 Digital Link support, and long-term data custody commitment.
Product design changes: Repairability requirements will require product design changes for many manufacturers. Devices that use non-standard screws, excessive adhesive, or soldered batteries will need to be redesigned. These changes require long product development lead times — typically 18–36 months for a new smartphone model. Manufacturers who have not started design changes are already at risk of missing the compliance deadline.
QR code and NFC implementation: The DPP must be accessible via a QR code or NFC tag on the product or its packaging. The QR code must comply with GS1 Digital Link standards and must resolve to the DPP data. Manufacturers must integrate QR code generation and printing into their manufacturing and packaging processes.
Interaction with the EU Battery Regulation
Smartphones are subject to both ESPR and the EU Battery Regulation (Regulation EU 2023/1542). The Battery Regulation requires a Battery Passport for all industrial batteries and EV batteries, and sets requirements for portable batteries including smartphones. The Battery Regulation's requirements for battery labelling, QR codes, and data disclosure overlap with ESPR's DPP requirements. Manufacturers must ensure that their DPP system is compatible with Battery Regulation requirements to avoid duplicating compliance efforts.
The Battery Regulation requires that portable batteries — including smartphone batteries — be removable and replaceable by the end user by 2027. This requirement aligns with ESPR's repairability requirements and will require significant product design changes for manufacturers who currently use non-removable batteries.
Non-EU Manufacturers and Authorised Representatives
Non-EU manufacturers who place smartphones on the EU market must appoint an EU-based Authorised Representative to handle ESPR compliance obligations. The Authorised Representative is legally responsible for ensuring that the DPP is accurate, complete, and accessible. They must also maintain technical documentation and be available to market surveillance authorities. Non-EU manufacturers must ensure that their Authorised Representative has access to all the data required for the DPP and is contractually obligated to maintain compliance throughout the product's market lifetime.
Frequently Asked Questions
The delegated act for smartphones and mobile phones is expected to be adopted by the European Commission in 2025, with mandatory compliance likely from 2026–2027 following an 18–24 month transition period.
A smartphone DPP must contain product identification data, battery data (chemistry, capacity, cycles), repairability score and spare parts availability, software support end dates, recycled content percentages, substances of concern, end-of-life instructions, and carbon footprint data.
Yes. ESPR repairability requirements and the EU Battery Regulation (2023/1542) together require that smartphone batteries be replaceable by the user or an independent repairer. The Battery Regulation sets a 2027 deadline for user-replaceable portable batteries.
The delegated act is expected to require spare parts availability for five to seven years after the last unit of a model is placed on the EU market. The exact period will be specified in the delegated act.
Yes. Any smartphone placed on the EU market must comply with ESPR, regardless of where it is manufactured. Non-EU manufacturers must appoint an EU-based Authorised Representative who is legally responsible for ESPR compliance.
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Specific DPP Data Requirements for Smartphones
The ESPR delegated act for smartphones and mobile phones is expected to require a Digital Product Passport that contains a comprehensive set of product data. Based on the preparatory study published by the European Commission in 2021 and the ESPR Annex III data categories, the DPP for smartphones is expected to include: the device's carbon footprint across its full lifecycle (manufacturing, use, and end-of-life); the percentage of recycled content in key materials (cobalt, lithium, tin, tungsten, tantalum, gold); the device's repairability score under the EU repairability index methodology; the availability and pricing of spare parts (battery, screen, charging port, camera module, back cover); the software update commitment period; the device's energy efficiency rating; information on substances of concern present in the device; and instructions for disassembly at end-of-life.
The repairability score is particularly significant for smartphones. The EU repairability index, which has been piloted in France since 2021, scores smartphones on five criteria: availability of documentation, ease of disassembly, availability of spare parts, price of spare parts, and software support commitment. Smartphones with high repairability scores will have a competitive advantage in the EU market as consumers and procurement officers increasingly factor repairability into purchasing decisions. Manufacturers should begin calculating their repairability scores now and identifying improvements that can be made before the delegated act takes effect.
Supply Chain Due Diligence for Smartphone Manufacturers
Smartphones contain a significant number of materials that are subject to supply chain due diligence requirements under EU law. Cobalt, used in the battery, is subject to the EU Conflict Minerals Regulation (Regulation EU 2017/821), which requires importers of cobalt from conflict-affected and high-risk areas to conduct supply chain due diligence. Tin, tungsten, tantalum, and gold — also used in smartphones — are subject to the same regulation. The ESPR delegated act for smartphones is expected to require manufacturers to provide information on the origin of these materials in the DPP, enabling market surveillance authorities and consumers to verify that the materials were sourced responsibly.
In addition to conflict minerals, smartphone manufacturers must comply with the EU Battery Regulation's due diligence requirements for the lithium and cobalt in the device's battery. The Battery Regulation requires manufacturers of batteries above a certain size to implement a supply chain due diligence policy covering human rights risks, environmental risks, and corruption risks. For smartphones, this means conducting due diligence on the battery supply chain and reporting on the results in the Battery Passport, which will be linked to the device's DPP.
Software Update Requirements Under ESPR
One of the most commercially significant requirements expected in the ESPR delegated act for smartphones is the mandatory software update commitment. The Commission's preparatory study identified short software support periods as a major driver of premature device replacement — consumers replace devices that are still functioning because they no longer receive security updates or operating system updates. The delegated act is expected to require manufacturers to commit to a minimum software update period at the point of sale, and to publish this commitment in the DPP.
The minimum software update period has not yet been confirmed, but the Commission's preparatory study suggested a minimum of five years of security updates and three years of operating system updates from the date of last sale. This would represent a significant extension of current practice for many manufacturers, particularly those in the mid-range and budget segments. Manufacturers should begin planning for extended software support periods now, including the infrastructure costs of maintaining update servers and the engineering costs of backporting security patches to older software versions.
Frequently Asked Questions
The delegated act for smartphones is expected to be adopted in 2025–2026, with a compliance date approximately 18–24 months after adoption. Manufacturers should plan for compliance by 2027–2028. The exact timeline will be confirmed when the delegated act is published in the Official Journal.
Yes. ESPR applies to products placed on the EU market, including refurbished products. Refurbished smartphones placed on the EU market after the compliance date must have a valid DPP. The DPP for a refurbished device should reflect the device's current condition, including its repairability score and any replaced components.
The EU repairability index scores smartphones on five criteria: documentation availability, disassembly ease, spare parts availability, spare parts pricing, and software support commitment. Scores range from 1 to 10. France has required repairability scores on smartphones since January 2021. The EU-wide requirement is expected under the ESPR delegated act.
The ESPR implementing regulations will specify exact placement requirements. For smartphones, the QR code is expected to be required on both the product packaging and accessible via the device's settings menu, given that physical space on the device is limited. The data carrier must remain accessible throughout the product's lifecycle.
Smartphone batteries are subject to both ESPR and the EU Battery Regulation. The Battery Regulation requires a Battery Passport for batteries above a certain capacity threshold. The ESPR DPP for the smartphone will link to the Battery Passport. Manufacturers must comply with both regulations — ESPR for the device and the Battery Regulation for the battery.