(1)

One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council (3) is to ensure the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment is to comply with is that it interworks with accessories, in particular with common chargers. In that respect, Directive 2014/53/EU indicates that interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs and that developing a common charger for particular categories or classes of radio equipment is necessary, in particular for the benefit of consumers and other end-users.

(2)

Since 2009, efforts have been made at Union level to limit the fragmentation of the market for charging interfaces for mobile phones and similar items of radio equipment. Although recent voluntary initiatives have increased the level of convergence of charging devices, which are the external power supply part of chargers, and decreased the number of different charging solutions available on the market, those initiatives do not fully meet the Union policy objectives of ensuring consumer convenience, reducing electronic waste (e-waste) and avoiding fragmentation of the market for charging devices.

(3)

The Union is committed to boosting the efficient use of resources by moving to a clean, circular economy through the introduction of initiatives such as Directive 2012/19/EU of the European Parliament and of the Council (4) and more recently through the introduction of the European Green Deal, as set out by the Commission in its communication of 11 December 2019. This Directive is aimed at reducing the e-waste generated by the sale of radio equipment, and at reducing the extraction of raw materials and the CO2 emissions generated by the production, transportation and disposal of chargers, thereby promoting a circular economy.

(4)

The Commission’s Circular Economy Action Plan, set out in its communication of 11 March 2020, provided for initiatives throughout the entire life cycle of products, targeting their design, promoting circular economy processes, fostering sustainable consumption, and aiming to ensure that the resources used are kept in the Union economy for as long as possible.

(5)

The Commission completed an impact assessment, which has shown that the internal market is not exploiting its full potential as continuing fragmentation of the market for charging interfaces and charging communication protocols for mobile phones and other similar radio equipment is resulting in a lack of consumer convenience and an increase in e-waste.

(6)

Interoperability between radio equipment and accessories, such as chargers, is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging, such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles, portable speakers, e-readers, keyboards, mice, portable navigation systems, earbuds and laptops. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability and the provision of information relating to the charging characteristics of radio equipment to consumers and other end-users. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interfaces, i.e. charging receptacle, of certain categories or classes of radio equipment, as well as the information to be provided to consumers and other end-users regarding the charging characteristics of those categories or classes of radio equipment, such as information about the minimum and maximum power required to charge the radio equipment. The minimum power should express the sum of the power required by the radio equipment to maintain operation and the minimum power required by its battery to start charging. The maximum power should express the sum of the power required by the radio equipment to maintain operation and the power required to achieve the maximum charging speed.

(7)

The absence of harmonisation of the charging interfaces and charging communication protocols may lead to substantial differences between the Member States’ laws, regulations, administrative provisions or practices regarding the interoperability of mobile phones and similar categories or classes of radio equipment with their charging devices, and regarding the supply of radio equipment without charging devices.

(8)

The size of the internal market in rechargeable mobile phones and similar categories or classes of radio equipment, the proliferation of different types of charging devices for such radio equipment, the lack of interoperability between radio equipment and charging devices and the significant cross-border trade in those products, call for stronger legislative action at Union level rather than either action at national level or voluntary measures, in order to achieve the smooth functioning of the internal market, while ensuring consumer convenience and reducing environmental waste.

(9)

It is therefore necessary to harmonise the charging interfaces and charging communication protocols for specific categories or classes of radio equipment that are recharged by means of wired charging. It is also necessary to provide the basis for adaptation to any future scientific and technological progress or market developments, which will be continuously monitored by the Commission. In particular, the introduction of harmonisation of the charging interfaces and charging communication protocols should in the future also be considered with respect to radio equipment that could be charged by any means other than wired charging, including charging by means of radio waves (wireless charging). Furthermore, the inclusion of additional categories or classes of radio equipment that are recharged by means of wired charging should be systematically considered in the context of the future adaptation of the harmonised charging solutions, provided that the integration of the harmonised charging solutions for such additional categories or classes of radio equipment is technically feasible. Harmonisation should pursue the objectives of ensuring consumer convenience, reducing environmental waste and avoiding fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market. The future adaptation of the harmonisation of the charging interfaces and charging communication protocols should continue to pursue those objectives by ensuring that it incorporates the most appropriate technical solutions for charging interfaces and charging communication protocols for any means of charging. The harmonised charging solutions should reflect the most appropriate combination of achieving market acceptance as well as meeting the objectives of ensuring consumer convenience, reducing environmental waste and avoiding market fragmentation. Relevant technical standards fulfilling those objectives and having been developed at European or international level should primarily be used for the selection of such charging solutions. In exceptional cases where there is a need to introduce, add or modify an existing technical specification in the absence of publicly available European or international standards that fulfil those objectives, the Commission should be able to set out other technical specifications, provided that those technical specifications have been developed in line with the criteria of openness, consensus and transparency, and that they meet the requirements of neutrality and stability, as referred to in Annex II to Regulation (EU) No 1025/2012 of the European Parliament and of the Council (5). All the relevant sectoral stakeholders represented in the Commission Expert Group on Radio Equipment need to be involved in the process throughout the adaptation of the harmonised charging solutions.

(10)

Such harmonisation would, however, be incomplete if it were not combined with requirements regarding the combined sale of radio equipment and its chargers, and regarding the information to be provided to consumers and other end-users. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper cross-border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State in which the products are to be supplied. That would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste, thus offsetting the benefits derived from the harmonisation of the charging interfaces and charging communication protocols. It is therefore necessary to impose requirements to ensure that consumers and other end-users are not obliged to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment. Unbundling the sale of charging devices from the sale of radio equipment would provide sustainable, available, attractive and convenient choices for consumers and other end-users. Drawing on the experience of the application of the requirements, the emerging market trends and technological developments, the Commission should consider an extension of the requirement related to the supply of charging devices together with the radio equipment to cables and/or the introduction of mandatory unbundling in order to ensure that the objectives of ensuring consumer convenience and reducing environmental waste are pursued in the most effective manner. To ensure the effectiveness of such requirements, consumers and other end-users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment. A dedicated pictogram would enable consumers and other end-users to determine whether or not a charging device is included with the radio equipment before the purchase. The pictogram should be displayed in the case of all forms of supply, including by means of distance selling.

(11)

It is technically feasible to define USB Type-C as the common charging receptacle for the relevant categories or classes of radio equipment, in particular because they are already capable of integrating such a receptacle. The USB Type-C technology, which is in global use, was adopted at international standardisation level and has been transposed into the European system by the European Committee for Electrotechnical Standardization (Cenelec) under European Standard EN IEC 62680-1-3:2021 ‘Universal serial bus interfaces for data and power – Part 1-3: Common components – USB Type-C® Cable and Connector Specification’.

(12)

USB Type-C is a technology that is already common to many categories or classes of radio equipment as it provides high-quality charging and data transfer. The USB Type-C charging receptacle, when combined with the USB Power Delivery charging communication protocol, is capable of providing up to 100 Watts of power and therefore leaves ample room for further development of fast charging solutions, while also allowing the market to cater for low-end devices that do not need fast charging. Mobile phones and similar radio equipment that support fast charging can incorporate the USB Power Delivery features as described in European Standard EN IEC 62680-1-2:2021 ‘Universal serial bus interfaces for data and power – Part 1-2: Common components – USB Power Delivery specification’. USB specifications are the subject of continuous development. In that regard, the USB Implementers Forum developed an updated version of the USB Power Delivery specification, which enables powers of up to 240 Watts to be supported. Adaptations have also been made to the USB Type-C specification, which will extend the requirements for connectors and cables to accommodate powers of up to 240 Watts. This will allow radio equipment requiring such levels of power to be considered for potential inclusion in the list of radio equipment covered by this Directive.

(13)

With respect to charging by means other than wired charging, divergent solutions could be developed in the future, which could have negative impacts on interoperability, on consumer convenience and on the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should take action towards promoting and harmonising such solutions to avoid future fragmentation of the internal market.

(14)

Directive 2014/53/EU should be amended in order to include provisions regarding charging interfaces and charging communication protocols. The categories or classes of radio equipment specifically covered by the new provisions should be further detailed in a new annex to that Directive. Within those categories or classes of radio equipment, only radio equipment with a removable or embedded rechargeable battery is concerned. As regards digital cameras, the radio equipment concerned is any digital photo and video camera, including action cameras. Digital cameras designed exclusively for the audiovisual sector or the security and surveillance sector should not be required to integrate the harmonised charging solution. As regards earbuds, the radio equipment concerned is considered together with its dedicated charging case or box, given that earbuds are rarely or never dissociated from their charging case or box due to their specific size and shape. The charging case or box for that specific type of radio equipment is not considered part of the charging device. As regards laptops, the radio equipment concerned is any computer that is portable, including laptops, notebooks, ultraportables, hybrids or convertibles and netbooks.

(15)

Directive 2014/53/EU should also be amended in order to introduce requirements regarding the supply of certain categories or classes of radio equipment without charging devices. The categories or classes of radio equipment concerned, as well as the specifications relating to charging solutions, should be specified in a new annex to that Directive.

(16)

Directive 2014/53/EU provides for information to be included in the instructions accompanying radio equipment and, therefore, additional information requirements should be inserted in the relevant article of that Directive. The content of the new requirements should be specified in a new annex to that Directive. Certain information should be provided in visual form for all forms of supply, including by means of distance selling. A dedicated label indicating the specifications relating to charging capabilities and compatible charging devices would enable consumers and other end-users to determine the most appropriate charging device needed to charge their radio equipment. In order to provide a source of useful reference throughout the life cycle of the radio equipment, the information on the specifications relating to the charging capabilities and the compatible charging devices should also be included in the instructions and safety information accompanying the radio equipment. It should be possible to adapt those information requirements in the future in order to reflect any changes to the labelling requirements, in particular for charging devices, which could be introduced under Directive 2009/125/EC of the European Parliament and of the Council (6). Those information requirements should, in particular, reflect the development of the harmonised charging solutions and should be adapted accordingly. In that context, the inclusion of a system of colour codes could also be considered.

(17)

Taking into consideration that importers and distributors could also supply radio equipment directly to consumers and other end-users, they should be subject to obligations identical to those applicable to manufacturers in relation to the information to be supplied or displayed. All economic operators should be required to fulfil the obligation in relation to the pictogram indicating whether or not a charging device is included with the radio equipment when making radio equipment available to consumers and other end-users. Importers and distributors could thus offer bundles, which would include the radio equipment and its charging device, even when such radio equipment is supplied without a charging device by the manufacturer, provided that the importers and distributors would also offer consumers and other end-users the possibility of acquiring the radio equipment without any charging device.

(18)

Directive 2014/53/EU sets out conformity assessment procedures. It should be amended in order to add references to new essential requirements. Manufacturers should thus have the choice of using an internal production control procedure in order to demonstrate compliance with the new essential requirements.

(19)

In order to ensure that national market surveillance authorities have the procedural means to enforce compliance with the new requirements regarding the harmonised charging interfaces and charging communication protocols, as well as those regarding the supply of radio equipment subject to such harmonisation, Directive 2014/53/EU should be adapted accordingly. In particular, an explicit reference to the lack of compliance with the essential requirements, which also include the new provisions as to specifications relating to charging capabilities and to compatible charging devices, should be included. Given that those new provisions are in respect of interoperability aspects, the objective would be to avoid divergent interpretations as to whether the procedure laid down in Directive 2014/53/EU could also be triggered in respect of radio equipment which does not present a risk to the health or safety of persons or to other aspects of public interest protection.

(20)

Directive 2014/53/EU sets out instances of formal non-compliance. Given that this Directive introduces new requirements applicable to certain categories or classes of radio equipment, Directive 2014/53/EU should be amended in order to allow for effective enforcement by the national market surveillance authorities of compliance with the new requirements.

(21)

Directive 2014/53/EU should also be amended in order to adjust the references contained therein to the new requirements introduced by this Directive.

(22)

It is necessary to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment, and to address any future market developments, such as the emergence of new categories or classes of radio equipment in relation to which a significant degree of fragmentation of the charging interfaces and charging communication protocols takes place, and any developments in charging technology. It is also necessary to reflect future amendments to labelling requirements, such as for charging devices or cables, or other technological progress. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should therefore be delegated to the Commission in respect of amending categories or classes of radio equipment and the specifications relating to the charging interfaces and charging communication protocols for each of them and amending the information requirements regarding the charging interfaces and charging communication protocols. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (7). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(23)

Directive 2014/53/EU should therefore be amended accordingly.

(24)

Economic operators should be provided with sufficient time to proceed with the necessary adaptations to radio equipment falling within the scope of this Directive, which they intend to place on the Union market,

(1)

Article 3 is amended as follows:

(2)

the following Article is inserted:

(3)

in Article 10, paragraph 8 is replaced by the following:

(4)

in Article 12(4), the following subparagraph is added:

‘When making the radio equipment referred to in Article 3(4) available to consumers and other end-users, importers shall ensure that:

(5)

in Article 13(2), the following subparagraph is added:

‘When making the radio equipment referred to in Article 3(4) available to consumers and other end-users, distributors shall ensure that:

(6)

in Article 17(2), introductory part, the words ‘Article 3(1)’ are replaced by the words ‘Article 3(1) and (4)’;

(7)

Article 40 is amended as follows:

(8)

in Article 43, paragraph 1 is amended as follows:

(9)

Article 44 is amended as follows:

(10)

in Article 47, the following paragraph is added:

(11)

the text set out in the Annex to this Directive is inserted as Annex Ia.