Annex III point 2(a) to the standby Regulation(EU) 2023/826 required that, unless inappropriate for the intended use, equipment in the scope of the Regulation should offer a standby mode, off mode or a similar condition that satisfies the applicable power limits. Point 2(c) of the same Annex specifies that, “in networked standby, the power management function may switch equipment automatically into standby mode or off mode or another condition, which does not exceed the applicable power consumption requirements for standby or off mode.” This clause is included to allow the networked equipment to go into standby, off or similar mode. At the same point it is mentioned that “Unless all network ports are deactivated, the power management function shall be activated when the equipment is placed on the market or put into service. After the equipment is reset to its factory default settings, the power management function shall be activated if any of the network ports is activated.” In addition, Annex III point 1 (b), on the power consumption of standby and off mode says that “Networked equipment that has one or more standby modes shall comply with the requirements for those standby modes when all wired network ports are disconnected and all wireless network ports are deactivated.”
It follows that networked equipment must have standby or off mode, unless this is inappropriate for their intended use. The limits of these modes will be tested with wired network ports disconnected and wireless network ports deactivated. Although the power management function does not have to be activated when all network ports are deactivated, manufacturers may still keep it activated so that the equipment can switch to standby or off mode. Alternatively, it is possible that the power management function that switches the equipment from an active mode to network standby, will subsequently switch it to standby or off mode.
It should be noted that the definition of ‘standby mode’ and ‘off mode’ in Article 1 of the Regulation specifies that the equipment is connected to the mains power source when in one of these conditions. Therefore, the reasoning above applies when the product (like the speaker in the example) is plugged in.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.