A manufacturer can easily argue his device is intended for water immersion or intended to be washable. And the exception is fulfilled.

But the text says:

to be used, for the majority of the active service of the appliance

While a phone might be intended to be able to withstand rain and slight immersion, its not intended to be used in such an environment for the majority of its active service. Nobody is actually going to believe that imo.

Only if someone starts a motion that this would not be legal, then they can start the argument I mentioned above. And that's all it takes.

For some time now the EU has shown a willingness to bite tech companies in such matters. I hope the EU keeps doing that and extends that willingness. But yeah, for now we can only guess. Although I do think manufacturers wont try to weasel out of this, and if they do, i hope they get bitten.