RED (Radio Equipment Directive) regulates the sale of radio equipment. Through establishing essential requirements for radio equipment, it ensures user safety and health, electromagnetic compatibility, and efficient use of radio spectrum. There are also a number of other aspects that can be regulated further under this law. These features include fraud prevention and privacy protection. Among the other aspects are interoperability, access to emergency services, and software and equipment compliance.
Based on the actions of the European Commission, analysis and next steps are proposed.
There have been updates to articles 3(3)(d), (e), and (f) as follows:
Enhancing the cybersecurity of radio equipment is one of the Commission’s priorities
Certain categories of radio equipment are now protected from cybersecurity threats, privacy invasions, and personal data breaches by a Delegated Act of the Radio Equipment Directive.
It was earlier authorised by the Commission to conduct an impact assessment study on protection for internet-connected and wearable radio equipment.
There was a particular focus on
- Privacy and personal data protection
- Fraud prevention
An impact assessment was conducted at the outset, which considered a number of options.In regards to the final report, please refer to it.
In order to align with the new directive, the previous directive, the Radio and Telecommunication Terminal Equipment Directive (99/5/EC), has been repealed.
The revision also included improved market surveillance. It is especially important for importers, manufacturers, and distributors to comply with traceability requirements. Improvements have been made to market surveillance instruments. A pre registration may be required, for example, for radio equipment that is in a low-compliance category.
Published in the OJEU on 22 May 2014, the RED entered into force on 11 June 2014, and came into effect on 13 June 2016. There was a one-year transitional period between 12 June 2017 and 12 June 2018 (Article 48). During the transition period, radio equipment conforming to the RED or EU legislation applicable before 13 June 2016 (e.g. R&TTED) could be placed on the market.
A detailed explanation of how to apply for the RED is provided below.
Committee on Technical Affairs (TCAM)
Article 45 of the RED establishes the TCAM as a committee for Regulation (EU) No 182/2011
RED implementing acts are subject to a TCAM opinion. Furthermore, the chair and a representative of an EU country discuss the application of the directive.
Implementing the RED’s delegated powers
- Directive (EU) 2022/30 delegated by the Commission
- According to paragraphs (d), (e), and (f) of Directive 2014/53/EU, the European Parliament and the Council adopted it on 29 October 2021 to complement that directive.
- CONNECTION DELINQUENT BY THE COMMISSION (EU) 2019/320
- For emergency communications from mobile devices in order to ensure location of the caller, EN ••• on 12 December 2018 applies.
- According to article 2, it will become effective on 17 March 2022. According to recital 14, economic operators are not prevented from complying with the Regulation once it is in effect.
- Information should be presented in accordance with Article 10(10) of Directive 2014/53/EU.
- The Commission Implementing Regulation 2017/1354 provides high-resolution pictograms for printed product documentation.
- RED decisions will continue to apply to the extent they are not incompatible with the R&TTED.
The best advice
This guide is intended to help you learn how to apply the RED in a common way. As it deals with practical issues of concern to manufacturers and other stakeholders, it will be useful to them. In order to keep the guide up-to-date, TCAM’s opinions and discussions will be considered.
