Rules for the commercialisation of radio equipment

KEY POINTS

Scope

The directive applies to all equipment that emits or receives radio waves for radiodetermination (determining the position, speed or other characteristics of an object using radio waves) or communication purposes. This includes devices such as mobile phones, car door openers and modems.

It does not cover:

• radio equipment exclusively used for public security and defence activities;
• certain types of airborne equipment, due to the amendments of Regulation (EU) 2018/1139 (see Article 138 of that regulation);
• custom-built evaluation kits for professional use at research and development facilities;
• radio equipment used by radio amateurs, unless the equipment is made available on the market;
• marine equipment falling within the scope of Directive 2014/90/EU.

Obligations of manufacturers, importers and distributors

• The directive contains lists of obligations of manufacturers (Article 10), importers (Article 12) and distributors (Article 13).
• For example, before manufacturers put their radio equipment on the market for sale, they need to ensure that it has been designed and manufactured in such a way that it meets the applicable essential requirements set out in Article 3. One of these is to ensure the protection of the health and safety of people and of domestic animals.

Market surveillance

The directive sets out means for market surveillance to track and monitor radio equipment that fails to comply with the applicable essential requirements (e.g. health and safety).

SPECIFIC POINTS

Battery chargers

• Directive (EU) 2014/53/EU, as amended by Directive (EU) 2022/2380, also:
  • establishes a harmonised charging interface for certain categories and classes of radio equipment capable of being recharged via wired charging;
  • harmonises the charging communication protocol for those classes and categories of equipment;
  • lays down the framework for the future adaptation of the harmonised charging interface and the potential future harmonisation of the charging requirements for radio equipment capable of being recharged by any means other than wired charging;
  • gives consumers the option to buy radio equipment without having to buy a charger;
  • requires producers to provide relevant visual and written information about charging characteristics.
• These requirements relate to all new handheld mobile phones, tablets, digital cameras, handheld video game consoles, headphones, headsets, portable speakers, e-readers, keyboards, mice, portable navigation systems and earbuds. These must be equipped with the harmonised charging interface (namely, with a USB-C charging port). In the case of laptops, the requirements will apply from April 2026.

A delegated act, Delegated Regulation (EU) 2023/1717 amended Directive 2014/53/EU setting out the technical specifications for the charging receptacle and charging communication protocol for all the categories or classes of radio equipment capable of being recharged by means of wired charging.

Internal market emergency mode

Amending Directive (EU) 2024/2749 seeks to avoid disruptions to the internal market in the event of an emergency by ensuring that, once an internal market emergency mode as set out in Regulation (EU) 2024/2747 (the Internal Market Emergency and Resilience Act) has been activated by means of an implementing act adopted by the Council of the European Union, designated crisis-relevant goods and services¹ can be placed on the market as rapidly as possible.

Directive (EU) 2024/2749 amends Directive 2014/53/EU setting out how these emergency procedures would apply. Among other things, the new rules:

• require conformity-assessment² bodies to prioritise applications for conformity for products that are crisis-relevant over those for products that are not;
• permit EU Member States’ competent authorities to presume that equipment placed on the market (manufactured in accordance with EU standards, relevant national or international standards developed by an accredited standardisation body that can, in the Commission’s opinion, achieve conformity and ensure a level of protection equivalent to that of the European harmonised standards) complies with the relevant essential requirements;
• allow Member States, on an exceptional basis and where there is a duly justified request, to temporarily authorise the placing on the market of equipment without carrying out the normal conformity assessment procedures, where the involvement of a notified body is mandatory and can ensure all essential requirements are met;
• give the Commission the possibility to adopt, by means of implementing acts, common specifications on which the manufacturers can rely in order to benefit from a presumption of conformity with the applicable essential requirements (implementing acts laying down those common specifications remain applicable for the duration of the internal market emergency mode).