Apple Begins Discontinuing iPhone SE and iPhone 14 in EU Ahead of USB-C Requirement

[ILoveCalvinCool]

This American is just happy there’s one place left on Earth where someone is pushing back on total control by billionaires.

 

[whitby]

1: the UK isn’t under EU rules so they have their own laws
2: a product is considered new when it’s sold for the first time on the market, and not when the product is launched or registered. Aka every unit sold is classified as a new product.

3: Apple might have units in store until December 28th

1.Do you know whether the UK adopted the same need for USB C charging connectors?
2. That was my understanding. The MacRumors article implied that the reason Apple is withdrawing these products was due to the EU mandate on charging connectors. This appears to be incorrect.
3. Not sure to what you are referring to here, the phones or the other Lightning peripherals. Interesting either way.

 

[Sophisticatednut]

Yes, as I previously mentioned. However, the claim that Apple is discontinuing these pre-DMA products due to some kind of regulation that prohibits its market is incorrect.

“So essentially Apple can’t sell them to anyone after December 28th, but any retailers that purchased them from Apple and had them delivered before December 28th can sell them”

No. One thing does not imply the other.

Apple can continue selling and producing these models even after the specified date because they were introduced to the market before the deadline. The regulation only applies to new products entering the market after the stated date, not to those already available before.

Again, Apple is not being forced to either stop produce and sell these products or retrofit USB-C on them. It applicable only to new products entering the market.

They simply have chosen not do so for other reasons. In particular I believe that Apple predicts a drastic reduction in interest for products that do not support USB-C in the EU. Especially considering their proprietary interface is being discontinued. Instead they prefer to focus their sales and production efforts on USB-C supporting devices.

Considering the expectations I believe it’s a sensible business decision.

It’s not this regulation, but how a new product is defined.

The units must have been put on the market through a sale to ether a consumer or a retailer. Apple can produce all the units if they want, but they can’t legally be sold on the EU market for failing to meet the requirements for radio equipments.
And you’re conflating the concepts of production and “placing on the market.” According to the EU Blue Guide and the Common Charger Directive, a product is considered placed on the market the first time it is supplied for distribution or use within the EU.

Retailers can continue selling existing stock that was placed on the market before December 28, 2024. However, manufacturers like Apple cannot place new units of non-compliant devices (e.g., Lightning-equipped models) on the EU market after that date. This means Apple cannot legally supply additional units to distributors or retailers in the EU post-deadline.

Apple’s decision to discontinue Lightning-equipped models is likely strategic, based on the declining relevance of Lightning in a USB-C-dominated market. It’s not that Apple must stop production globally, but they cannot legally introduce new stock to the EU market after the deadline.



Guidance for the interpretation of the Common Charger Directive
(C/2024/2997)

Definition of “New Product”:

In this context, a “new product” refers to any device placed on the EU market for the first time after the directive’s effective date. This includes both entirely new models and existing models that are newly introduced into the market post-implementation.

Sale of Existing Stock After December 28, 2024:

Devices that were placed on the EU market before December 28, 2024, can continue to be sold after this date. This means that retailers and distributors can sell off their existing inventory of non-USB-C-compliant devices without violating the directive. However, manufacturers like Apple cannot introduce new stock of non-compliant devices into the EU market after the effective date.

Definition of Placing on the Market (Blue Guide & EU Regulations): You can read the below paragraphs, or even the GPSR (EU) 2023/988

Placing on the Market: Refers to the first time a product is made available for distribution, consumption, or use in the EU market. This happens when the product is supplied either by the manufacturer or an importer to a distributor, retailer, or end user within the EU.​

​

2.2. Making available on the market

1. A product is made available on the market when supplied for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.
2. The concept of making available refers to each individual product

2.3. Placing on the market

1. A product is placed on the market when it is made available for the first time on the Union market. According to Union harmonisation legislation, each individual product can only be placed once on the Union marke
2. Products made available on the market must comply with the applicable Union harmonisation legislation at the moment of placing on the market.

 

[Sophisticatednut]

1.Do you know whether the UK adopted the same need for USB C charging connectors?
2. That was my understanding. The MacRumors article implied that the reason Apple is withdrawing these products was due to the EU mandate on charging connectors. This appears to be incorrect.
3. Not sure to what you are referring to here, the phones or the other Lightning peripherals. Interesting either way.

I haven’t seen any such legislation from the UK
And well Apple is very likely withdrawing the product because of the EU law, because when December 28th comes along they can’t legally sell an iPhone or Magic Mouse with a lightning port.

Because it’s not the model that counts, but every individual unit sold is recognized as being put on the market at every sale

 

[jlc1978]

I haven’t seen any such legislation from the UK

I don't know either, but I suspect the UK is just collateral damage because it is easier just to pull them from all of Europe and not just the EU.

OTOH, some of my UKGBNIan friends are upset that the UK often follows EU rules simply because they can't afford to ignore the market.

And well Apple is very likely withdrawing the product because of the EU law, because when December 28th comes along they can’t legally sell an iPhone or Magic Mouse with a lightning port.

Had they wanted to continue selling it for a while they probably could have shipped a bunch to their retail stores and argue that would qualify under the rules as a retailer, but it was probably easier to pull it than deal with shipping and returning a bunch and possibly picking another fight with the EU. I'm guessing the sales were small enough Apple didn't care, and had already adjusted inventory in anticipation. It was inevitable that Lightening devices were going away anyway, it was just a question of timing.

 

[Sophisticatednut]

I don't know either, but I suspect the UK is just collateral damage because it is easier just to pull them from all of Europe and not just the EU.

OTOH, some of my UKGBNIan friends are upset that the UK often follows EU rules simply because they can't afford to ignore the market.

The well known Brussels effect. But also the UK did consider mandating it. So could be a. Decision on that as well, why risk any potential backlash and just go with it as the rest of EU did for simplicity.

Had they wanted to continue selling it for a while they probably could have shipped a bunch to their retail stores and argue that would qualify under the rules as a retailer, but it was probably easier to pull it than deal with shipping and returning a bunch and possibly picking another fight with the EU. I'm guessing the sales were small enough Apple didn't care, and had already adjusted inventory in anticipation. It was inevitable that Lightening devices were going away anyway, it was just a question of timing.

Considering most other manufacturers have even made stealth updates of existing products to USB-C from the micro-USB like the Logitech G915
and known it for 2 years it was likely just a business decision. And Apple probably would sell new units in their own stores than wasting the space toward older units.

One interesting point is that Apple’s own retail stores still might be considered an extension of the company, meaning that products sold there could potentially avoid being classified as “placed on the market” under EU regulations.

However, it’s important to note that EU institutions take a strong stance against entities that intentionally try to “game the system” by exploiting loopholes or circumventing the spirit of the law, even if they technically comply with the letter of it. The EU views such actions as more serious violations because they undermine the law’s intended purpose, demonstrate bad faith, and threaten the effectiveness of regulations designed to maintain trust and fairness in the market.

 

[jlc1978]

However, it’s important to note that EU institutions take a strong stance against entities that intentionally try to “game the system” by exploiting loopholes or circumventing the spirit of the law, even if they technically comply with the letter of it. The EU views such actions as more serious violations because they undermine the law’s intended purpose, demonstrate bad faith, and threaten the effectiveness of regulations designed to maintain trust and fairness in the market.

Yeah, I get that’s how the EU issues regulations. The issue I have with that is results in uncertainty as to what must actually be done to ensure compliance with the spirit of the law. I much prefer stricter guidance so that a company can clearly understand what is and isn’t allowed under the law. I realize that even that is difficult, but at least it allows some more certainty rather then do something and then we’ll let you know if we like it or not. IMHO, at a minimum when you have spirit of the law type approaches company should be able to negotiate beforehand with actions are compliant and not rather than have to wait for a fine.

It’s not that one is better or worse just different and companies have to comply with both types of legal systems and approaches.

 

[Nuno Lopes]

It’s not this regulation, but how a new product is defined.

The units must have been put on the market through a sale to ether a consumer or a retailer. Apple can produce all the units if they want, but they can’t legally be sold on the EU market for failing to meet the requirements for radio equipments.
And you’re conflating the concepts of production and “placing on the market.” According to the EU Blue Guide and the Common Charger Directive, a product is considered placed on the market the first time it is supplied for distribution or use within the EU.

Retailers can continue selling existing stock that was placed on the market before December 28, 2024. However, manufacturers like Apple cannot place new units of non-compliant devices (e.g., Lightning-equipped models) on the EU market after that date. This means Apple cannot legally supply additional units to distributors or retailers in the EU post-deadline.

Apple’s decision to discontinue Lightning-equipped models is likely strategic, based on the declining relevance of Lightning in a USB-C-dominated market. It’s not that Apple must stop production globally, but they cannot legally introduce new stock to the EU market after the deadline.



Guidance for the interpretation of the Common Charger Directive
(C/2024/2997)


Definition of Placing on the Market (Blue Guide & EU Regulations): You can read the below paragraphs, or even the GPSR (EU) 2023/988

Placing on the Market: Refers to the first time a product is made available for distribution, consumption, or use in the EU market. This happens when the product is supplied either by the manufacturer or an importer to a distributor, retailer, or end user within the EU.​

​

2.2. Making available on the market

1. A product is made available on the market when supplied for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.
2. The concept of making available refers to each individual product

2.3. Placing on the market

1. A product is placed on the market when it is made available for the first time on the Union market. According to Union harmonisation legislation, each individual product can only be placed once on the Union marke
2. Products made available on the market must comply with the applicable Union harmonisation legislation at the moment of placing on the market.

Crazy.

The Common Charger regulation clearly refers to products being placed on the market. Section 40.

As per definition, a product is placed on the market once, but is then made available several times. One for product unit.

 

[Sophisticatednut]

Crazy.

The Common Charger regulation clearly refers to products being placed on the market. Section 40.

As per definition, a product is placed on the market once, but is then made available several times. One for product unit.

Section 43
..The RED defines 'placing on the market' as the first making available of radio equipment on the Union market', noting however that the concept of making available refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series (see also section 2 of the Blue Guide that provides clarifications on the terms 'placing on the market' and 'making available on the market')...

Yeah, I get that’s how the EU issues regulations. The issue I have with that is results in uncertainty as to what must actually be done to ensure compliance with the spirit of the law. I much prefer stricter guidance so that a company can clearly understand what is and isn’t allowed under the law. I realize that even that is difficult, but at least it allows some more certainty rather then do something and then we’ll let you know if we like it or not. IMHO, at a minimum when you have spirit of the law type approaches company should be able to negotiate beforehand with actions are compliant and not rather than have to wait for a fine.

It’s not that one is better or worse just different and companies have to comply with both types of legal systems and approaches.

It is a more teleological approach to reading law, and is necessary when you have rules written in 27 different languages so you get a consistent reading. While this does create some uncertainty, but probably isn’t any more uncertain compared to trying to read court rulings and finding precedents that provide guidance when things are unclear.

the EU often issues frameworks and guidelines to help businesses navigate the intent of regulations. the use of manuals that covers antitrust rulings and most of the information are centralized. It’s a balance between being adaptable to innovation and ensuring regulations uphold fairness and competition. And dialogue between companies and regulators about compliance is already provided. The EU does allow for some negotiation and clarifications, such as through the European Commission’s advisory opinions.

 

[xyz01]

Maybe buying a break out box or a higher-end TV may help?

I don't think I've seen many TVs with more than four HDMI ports, as I have. It's a good quality 77" OLED.

I'm using a HDMI switch to work around it, but it's not ideal with e.g. CEC.

 

[Nuno Lopes]

The RED defines 'placing on the market' as the first making available of radio equipment on the Union market', noting however that the concept of making available refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series (see also section 2 of the Blue Guide that provides clarifications on the terms 'placing on the market' and 'making available on the market')...

So as per your interpretation of the regulations what is the difference between “placing a product on the market” and “making it available to the market”.

Mine has been that one referes to the first sale of a product. Say iPhone 14, regardless of the particular model or unit. The second the sale and distribution of each unit of the product.

Otherwise, both would logically mean exactely the same. Considering a unit is sold only once for the first time. Which would make two definitions unnecessary.

Merry Christmas 🎁 by the way. Cheers.