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Do you have a reference for that? From all the documentation I've seen elsewhere, that's not true. There's no exclusion for waterproof devices, and everything has to be possible with tools a normal person can buy (you might need to go to a local hardware store, but no unique specialist expensive kit).
The full law is here: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2020/0798/COM_COM(2020)0798_EN.pdf. It only mentions 'water' 3 times and none of them relate to waterproof phones (they're talking about batteries of waterbourne transport & environmental impact of water use) so I don't know where that's coming from.
It's totally possible to make waterproof phones with removable batteries - Samsung did it with the Galaxy S5 (IP67 - 1 meter under water for 30 minutes) way back in 2014 and there's lots of other examples. It's just not quite as cheap as glueing everything together.
Thank you for linking the text. For anyone wondering, here is Ch. 2, Article 11 regarding portable battery replacement:
"if the batteries have a shorter lifetime than the device" sounds like it could be exploited though, well folks the processor can only last 2 years on these new phones because of (insert random corpo bullshit here)
https://www.europarl.europa.eu/doceo/document/TA-9-2023-0237_EN.html#title2
(a) appliances specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion, and that are intended to be washable or rinseable;
(b) professional medical imaging and radiotherapy devices, as defined in Article 2, point (1), of Regulation (EU) 2017/745, and in-vitro diagnostic medical devices, as defined in Article 2, point (2), of Regulation (EU) 2017/746.
Do you have any examples other than the S5, because like zero people have given any, and many have pointed out the S5 failed at "water resistance" at very high rates.