In its Implementing Decision (EU) 2025/1760 of 19 August 2025, the European Commission confirms the decision to withdraw the iPhone 12 (A2403) from the French market, pronounced at the end of 2023 by ANFR. This is in view of the proven health risks associated with exceeding the limit values of the specific absorption rate (SAR), in accordance with the RED Directive 2014/53/EU. The Commission underlines the need for uniform and immediate application of remedies in all EU Member States.
The iPhone 12 case and the European procedure
On September 12, 2023, the ANFR ordered the withdrawal of the iPhone 12 from the French market due to exceeding the legal threshold of the “member” SAR. Apple, under pressure from the French authorities, had to implement a software update that made this model compliant on French territory, leading to the lifting of the withdrawal and the resumption of sales.
However, this update was never extended by Apple to the entire European market. ANFR has therefore maintained its reporting to the Commission and the Member States (without notifications in the European ICSMS or RAPEX database), while an objection has been raised by the Irish authority, the country hosting Apple’s European headquarters. The Commission then launched an adversarial procedure involving France, Ireland and Apple, leading to the recognition of the legitimacy of the French measures and an invitation to other Member States to adopt similar measures.
A late decision with serious consequences
This decision by the Commission comes more than two years after the withdrawal in France. Meanwhile, the iPhone 12 remained available without updates across the entire European market, exposing consumers to a SAR level higher than European standards. This delay, coupled with a lack of coercive measures at European level, constitutes an unacceptable danger to public health.
Phonegate Alert denounces this failure
While national supervisory agencies and Member States are required, in accordance with Article 40 of the RED Directive (2014/53/EU), to take “without delay” all measures to put an end to non-compliances, the European Commission is slow to exercise this central obligation. It is therefore an overexposure of European citizens that persists in the absence of coordinated action without delay.
This delay is all the more damaging as it comes before the imminent launch of the iPhone 17, announced for September 9, 2025, leaving a worrying doubt about the ability of the European institutions to effectively protect consumers from the risks associated with radio equipment.
A necessary legal action to remind everyone of their responsibilities
It is in this context that Phonegate Alert is finalising an appeal, which will be a welcome reminder to all these authorities of the need to enforce the compliance rules contained in the above-mentioned RED Directive, which imply that corrective measures are adopted “without delay”.
On the same topic:
