EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 23.9.2021  
COM(2021) 547 final  
2021/0291 (COD)  
 
Proposal for a  
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
amending Directive 2014/53/EU on the harmonisation of the laws of the Member States 
relating to the making available on the market of radio equipment  
(Text with EEA relevance)  
{SEC(2021)  318 final}  - {SWD(2021)  244 final}  - {SWD(2021)  245 final}  -
 {SWD(2021)  246 final}   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
 
• Reasons for and objectives of the proposal  
Since 2009, the Commission has been seeking to limit the  fragmentation of the market for 
charging interfaces for mobile phones and similar devices. However, such initiatives only led 
to voluntary schemes that are not legally binding and thus do not ensure consistent and 
uniform application.  
In June 2009, follow ing a request from the Commission, major producers of mobile 
telephones agreed to sign a memorandum of understanding (MoU) on harmonising chargers 
for data -enabled mobile phones sold in the EU1. The signatories agreed to develop a common 
specification base d on the USB 2.0 micro -B interface, which would allow full charging 
compatibility with the mobile phones to be placed on the market.  
The MoU reduced market fragmentation and attracted almost global alignment.  Its 
implementation led to an effective reducti on in the number of charging solutions for mobile 
phones from 30 to only three. However, the MoU also allowed for the use of proprietary 
charging interfaces, and one such solution continued to be used (and still is) by a major 
mobile phone manufacturer, th us preventing full interoperability.  In addition, the MoU never 
addressed the environmental issues arising from the continued existence of those different 
charging interfaces and charging communication protocols.  
Without EU action, this fragmentation of t he market for charging interfaces and charging 
communication protocols is expected to persist and environmental impacts will remain 
unaddressed.  
Ever since the MoU expired in 2014 (after two letters of renewal), the European Commission 
has been trying to foster the adoption of a new voluntary agreement. In March 2018, 
following several rounds of discussion among the relevant manufacturers and exchanges of 
views with the Commission, the industry proposed a new MoU on a future common charging 
solution for sm artphones. However, the Commission did not consider the new MoU to be 
satisfactory as it is not in line with the EU’s harmonisation objectives, which seek to limit 
fragmentation of charging solutions (both the charging interfaces and the charging 
communica tion protocols) for mobile phones and similar items of radio equipment. The 
proposed new MoU continued to allow for proprietary solutions (vendor -specific connection 
means), which the Commission no longer considers justified in view of the technical 
advant ages provided by the introduction of the USB Type -C interface.  
In this context, the Commission launched in 2018 an impact assessment study for a possible 
proposal aimed at implementing a common solution for charging mobile phones (and possibly 
other similar categories or classes of radio equipment). While the original  objective of this 
initiative was to improve consumer convenience, the study concluded, that imposing a 
common charging interface and a common charging communication protocol on the side of the 
radio equipment (smartphones, but possibly also tablets, camer as, readers, etc.), while 
encouraging or imposing unbundling (i.e. the supply to the end -user of the radio equipment 
without the charging device), would benefit consumers and reduce electronic waste (e -waste).  
                                                 
1 https://ec.europa.eu/docsroom/documents/2417/attachments/1/translations . EN 2  EN It concluded that only harmonising the chargin g interface (in the case of radio equipment 
charged via wired charging this interface being the charging receptacle) would not achieve 
full interoperability of charge. In fact, currently, various charging communication protocols 
exist and not all ensure th e same charging performance if a charging device from another 
brand is used. Additionally, the study concluded that having a common charging device 
across different types of radio equipment would be likely to increase consumer convenience 
overall. Regardin g wireless charging (i.e. more generally charging technology other than 
wired charging), the study concluded that if any breakthroughs in wireless charging 
technology were to happen, this could undermine the rationale for a common connector 
solution, by si gnificantly reducing the relevance of wired charging solutions in general. In the 
light of these conclusions, in October 2020 the Commission launched two complementary 
studies, on unbundling mobile phones and similar portable electronic devices and wireles s 
charging technologies in order to strengthen the evidence base for the proposal.  
In January 2020, the European Parliament adopted a resolution2 calling for the urgent 
adoption of a standard for a common charger for mobile phones in order to avoid further  
internal market fragmentation. Specifically, the resolution called on the Commission to adopt 
a legislative measure, if necessary, to establish a common charger. It also urged the 
Commission to ensure that consumers are no longer obliged to buy new charge rs with each 
new item of radio equipment and that unbundling measures (consisting in the supply to the 
end-user of radio equipment without a charging device) should be introduced with a common 
charging solution, as otherwise the aim of  reducing the volume of charging devices produced 
per year and hence reducing electronic waste (e -waste) would not be achieved.   
The Commission adjusted 2020 work programme3, specifically states that there will be a new 
proposal on common chargers for mobile phones and simila r categories or classes of radio 
equipment.   
In order to achieve the ultimate goal of a common charger and as preconditions for impactful 
and meaningful unbundling, the three supporting studies, which were conducted found that 
radio equipment shall integrate: a harmonised charging interface at the ra dio equipment end 
(the charging receptacle in the case of radio equipment charged via wired charging), a 
minimum common interoperability of charging through a harmonised charging 
communication protocol, and detailed information about charging requirements of the radio 
equipment.  
The design of radio equipment falls within the scope of Directive 2014/53/EU4 on the 
harmonisation of the laws of the Member States relating to the making available on the 
market of radio equipment . On the other hand, the character istics of the external power supply 
are falling within the scope of the Directive 2009/125/EC of establishing a framework for the 
setting of ecodesign requirements for energy -related products.5 
This proposal is aimed at preventing fragmentation of the mark et when it comes to charging 
interfaces and charging communication protocols, enhancing consumer convenience and 
reducing e -waste. In particular, it will:  
                                                 
2 2019/2983(RSP)    
3 COM(2020) 440 final  
4 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the 
harmonisation of the laws of the Member States r elating to the making available on the market of radio 
equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).  
5 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setti ng of ecodesign requirements for energy -related products (OJ L 285, 
31.10.2009, p. 10).  EN 3  EN - harmonise the charging interface for mobile phones and similar categories or classes of radio 
equipment (tablets, digital cameras, headphones and headsets, handheld videogame consoles 
and portable speakers ) that are recharged via a wired charging, so that they can be recharged 
by using a common charging receptacle;  
- guarantee that such devices, where they support fast charging, incorporate at least the same 
charging communication protocol;  
- allow for future harmonisation in this area in response to technological developments, 
including harmonisation of any type of charging interface other than wired c harging;  
- introduce requirements so that end -users are not obliged to purchase a new charging device 
whenever they purchase a new mobile phone or similar item of radio equipment and;  
- introduce requirements so that, when purchasing a mobile phone or sim ilar item of radio 
equipment, end -users receive the necessary information on its charging performance 
characteristics and the charging device that can be used with it.  
An Impact Assessment was carried out to examine policy options for:  
(a) harmonisation o f the radio equipment charging interface;  
(b) support for the relevant charging communication protocol on the radio equipment and 
informing consumers about the charging performance; and  
(c) making available on the market of at least unbundled solution.  
Policy 
Option  (A) 
Harmonisation 
of the end -
device 
connector  (B) Support of the relevant 
charging protocol on the end -
device and informing consumers 
about charging performance  (C) Making available 
on the market at least 
unbundled6 solutions  
Option 0  No action  No action  No action  
Option 1  Mandatory  No action  No action  
Option 2  No action  Mandatory  No action  
Option 3  No action  Mandatory  Mandatory  
Option 4  Mandatory  Mandatory  No action  
Option 5  Mandatory  Mandatory  Mandatory  
For all options, there are sub -options of a narrow scope (i.e. covering mobile phones only) or 
a broader scope (also including certain devices with charging characteristics that are 
comparable to those of a mobile phone). The preferred policy option is opt ion 5 with a broad 
scope as it involves the fairest trade -off between all the objectives and allow a win -win 
situation for the majority of stakeholders and the environment.  
 
• Consistency with existing policy provisions in the policy area  
The proposal introduces additional requirements, to be applied to mobile phones and similar 
categories or classes of radio equipment, in Directive 2014/53/EU, which establishes a 
regulatory framework for the making available on the market and putting into service in the 
                                                 
6 i.e. devices will be sold with no charger in the box (a detachable cable will still be allowed, 
discretionally)  EN 4  EN Union of radio equipment and guarantees for that equipment the proper functioning of the 
internal market.  
• Consistency with other Union policies  
The proposal relates to the Commission’s Circular Economy Action Plan, which announces 
initiat ives affecting the entire product life cycle, e.g. targeting their design, promoting circular 
economy processes, fostering sustainable consumption, and aiming to ensure that the 
resources used are kept in the EU economy for as long as possible.  
A proposal  for legislation on common chargers for mobile phones and similar categories or 
classes of radio equipment is included under the second priority  of the Commission’s  2020 
work programme (‘A Europe fit for the digital age’).  
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
 
• Legal  basis  
The proposal is based on the same legal basis as the legislative act that is being amended, i.e.  
Article 114 of the Treaty on the Functioning of the European Union.  
 
• Subsidiarity  (for non-exclusive  competence)   
The interna l market is a competence that is shared between the Union and the Member States.  
One of the objectives of Directive 2014/53/EU is to guarantee the proper functioning of the 
internal market. Article 3(3)(a) of the Directive, which applies if relevant Commi ssion 
delegated act is adopted, refers to common chargers.  
Recital 12 of the Directive states that interoperability between radio equipment and 
accessories such as chargers simplifies the use of radio equipment and reduces unnecessary 
waste and costs.  
The absence of harmonisation in this area will lead to substantial differences between 
Member States’ laws, regulations, administrative provisions or practices on the 
interoperability of mobile phones and similar categories or classes of radio equipment with a 
common charging device and on unbundling.   
Action at national level to address the problems could create obstacles to the free movement 
of goods. Furthermore, action at national level is limited to the territory of the Member 
State(s) in question. In vi ew of the increasing internationalisation of trade, the number of 
cross -border cases is rising constantly. Coordinated action at EU level will achieve the agreed 
objectives much more efficiently, and, in particular, will render market surveillance more 
effective. It is therefore appropriate to take action at EU level.  
 
• Proportionality  
In accordance with the principle of proportionality, the proposed amendments do not go 
beyond what is necessary to achieve the objectives set.  EN 5  EN The new or amended requirement s do not impose unnecessary burdens and costs on industry 
(especially on small and medium sized enterprises) or administrations. Where negative 
impacts have been identified, the analysis of the preferred option proposes the most 
proportionate response.  
• Choice  of instrument  
The relevant provisions of Directive 2014/53/EU can be amended by means of a Directive of 
the European Parliament and of the Council amending Directive 2014/53/EU. The amending 
Directive should be transposed by Member States by way of national legal instruments.  
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
 
• Stakeholder  consultations  
The following consultation activities were conducted between May 2019 and April 2021 in 
order to assess potential areas for revision and the impacts of the suggested policy option in 
various areas:  
– an inception impact assessment (2018 -2019) targeted citizens, consumer 
associations, non -governmental organisations (NGOs), manufacturers’ associations, 
and individual manu facturers;  
– a public consultation (2019) targeted member states, citizens, consumer associations, 
NGOs, manufacturers’ associations, and individual manufacturers;  
– two consumer surveys (2019 and 2021) targeted citizens;  
– a stakeholders survey (2020 -2021) targ eted Member States, citizens, consumer 
associations, and manufacturers;  
– targeted interviews (2021) targeted consumer associations, environmental 
associations, market surveillance authorities, NGOs, manufacturers’ associations, 
and manufacturers;  
– expert group meetings targeted consumer associations, Member States, market 
surveillance authorities, NGOs, manufacturers’ associations, and manufacturers.  
 
• Collection  and use of expertise  
The Commission launched an impact assessment study supported by three st udies for a 
possible legal proposal aiming at: removing fragmentation and addressing the consumer 
convenience; reducing e -waste; being forward looking and monitoring the state of play of 
future charging technologies (e.g. wireless), aiming to both preventi ng fragmentation yet 
without hampering innovation. The three supporting studies are: an impact assessment study 
on a common solution for charging mobile phones and possibly other small and medium 
portable devices (“the first study”)7; an assessment of the status of wireless charging 
technologies used for mobile phones and similar devices (“the second study”); and an impact 
assessment study on Unbundling of Chargers (“the third study”).  
                                                 
7 https://op.europa.eu/en/web/eu -law-and-publications/publication -detail/ -/publication/c6fadfea -4641 -
11ea -b81b -01aa75ed71a1   EN 6  EN • Impact  assessment  
The first supporting study  found that the 2009 MoU h ad been effective in harmonising 
charging solutions (both the charging interface and the charging communication protocols) 
and improving consumer convenience. However, it had not achieved full harmonisation of the 
charging solutions. In addition, unbundlin g had not been achieved to any significant extent, 
with only some manufacturers in the Union offering consumers the option of buying a phone 
without a charging device, hence limiting the expected benefits for the environment.  
The first study found that a m ajority of EU citizens who participated in the Commission’s 
public consultation on mobile phone chargers were dissatisfied (41%) or very dissatisfied 
(22%) with ‘the current situation regarding mobile phone chargers and their seamless 
interconnection’, and  76% agreed or ‘strongly’ agreed that the current situation results in 
inconvenience for mobile phone users. There also appeared to be support among respondents 
for a common charger. 63% were in favour of the Union exercising its regulatory power to 
mandat e a charger standard, while 31% considered that the Union should promote an 
industr y-wide agreement. Only 6% of the citizens surveyed suggested that the Union should 
refrain from any form of intervention. Public authorities, NGOs and consumer organisations  
also expressed support for a common charging solution.  
The first study also found that the consumption of raw materials to produce charging devices 
has environmental impacts as well as impacts in terms of generating e -waste at the end of 
product life. It  estimated that mobile phone charging devices were responsible for around 
11000 t of e -waste in 2018 and the associated life -cycle emissions were around 600 ktCO2e. 
Those amounts are expected to increase in the coming years, driven mainly by the trend 
towa rds heavier fast chargers.  
The study refers to another major technological development: the non -electrical contact 
(wireless) charging. This technology relies on a charging interface that does not use a 
dedicated charging receptacle (unlike with radio equi pment, which is charged via wired 
connection). Since the introduction of wireless charging -enabled phones, their consumer take -
up has grown steadily. Between 2016 and 2018, sales increased six -fold, to around 44 million 
units, or around 28% of sales in 201 88. However, this technology is not seen as a replacement 
for wired charging at the moment because of the efficiency rates of such chargers. 
Furthermore, given the current coexistence of wireless charging and conventional wired 
charging, the potential for e-waste reduction is limited as wireless chargers make more 
intensive use of materials than wired chargers.  
The first study also considered the extent to which an initiative on a common charger could 
support the current trend of voluntary unbundling (i.e.  economic operators offering phones 
without charging devices) in order to secure environmental benefits and give customers that 
option. It concluded that such an initiative, accompanied by other measures to stimulate 
unbundling, could contribute to the EU’s  environmental objectives. The higher the rate of 
unbundling, the greater the benefits for the environment and for consumers, in terms of cost 
savings and convenience.  
According to the second study , wireless charging is still a developing technology showin g low 
fragmentation of the charging interfaces and a good level of interoperability among charging 
solutions, it would therefore seem premature to introduce mandatory requirements for that 
technology. However, as the technology develops and it is incorpora ted into more products 
                                                 
8 Note that these figures refer to wireless ena bled phones, that is not to phones that come with a wireless 
charging device, but those that can be recharged with a wireless charging device that needs to be 
purchased separately.  EN 7  EN fragmentation may develop if different charging interfaces and charging communication 
protocols are used.  
According to the third study , the unbundling options involve very clear and obvious trade -
offs, most importantly that of enviro nmental benefits versus a financial cost and loss of 
convenience for consumers. The majority of stakeholder survey respondents, (public 
authorities, civil society organisations and private citizens), preferred the option of obliging 
manufacturers and distr ibutors to give customers the choice of whether or not to purchase a 
new external power supply (EPS) and/or cable with a new mobile phone. However, six out of 
ten industry respondents felt that each mobile phone manufacturer or distributor should be 
free t o choose how they sell their phones and chargers (i.e. what to include in the retail box).  
The third study indicated that, as of October 2020, some manufacturers (accounting for 30 - 
40% of market share) had announced the removal of the EPS (and other acce ssories) from the 
retail box for certain new models. Others are considering their options, and it seems highly 
likely that at least some will also begin to offer unbundled solutions in the near future. 
However, those manufacturers that have invested heavil y in proprietary charging technology 
appear less keen, since the high charging performance of their bundled phones and EPS is an 
important part of their marketing strategy. However, manufacturers that have developed these 
solutions fail to demonstrate that  this is because of the development and not because their 
solution blocks or limits the efficiency of using other chargers.  
A harmonised charging interface at the radio equipment end (i.e. in the case of radio 
equipment charged via wired charging, this being the charging receptacle), minimum common 
interoperability of charging through a harmonised charging communication protocol, and the 
provision of information on charging requirements of their radio equipment are therefore 
preconditions for an impactfu l and meaningful unbundling.  
An impact assessment has been carried out which examined the policy options that combine 
the three (3) different measures of: (a) harmonisation of the radio equipment charging 
interface; (b) support for the relevant charging co mmunication protocol on the radio 
equipment and informing consumers about the charging performance; and (c) making 
available on the market of at least unbundled solution.  
For all options, there are sub -options of a narrow scope (i.e. mobile phones only) or  a broader 
scope (certain devices with charging characteristics that are comparable to those of a mobile 
phone). The preferred policy option is option 5 with a broad scope as it involves the fairest 
trade -off between all the objectives and a win -win situat ion for the majority of stakeholders 
and the environment.  
Option 5 is expected to generate environmental benefits by reducing the greenhouse gas 
(GHG) emissions by around 180 ktCO2e yearly, material use by about 2 600 t yearly, and 
reducing e -waste by 980  t yearly. The unbundling of the EPS contributes the most thanks to 
less extraction of resources, manufacture, transport, use and disposal of the chargers.  
As regards consumer convenience, the preferred option will ensure interoperability through a 
common  interface and charging performance, reducing sales of standalone EPS and cables 
and promoting their reuse. Regarding the harmonisation of the charging interface, imposing a 
USB type C charging port on the radio equipment is sufficient to address the incon venience 
faced by the consumers that are not capable of charging their device because there is no 
compatible charger at their disposal. This will also translate into a reduction in consumer 
spending on those items by around EUR 250 million yearly.  EN 8  EN The pref erred option is expected to improve the economic operators ’ turnover overall  by EUR 
105 million yearly. The turnover benefits for retailers and distributors (EUR 457 million 
yearly), of charging devices not being included in the retail box and therefore be ing bought 
more often standalone outweigh the negative impact on the turnover of device manufacturers 
(EUR 352 million yearly) incurred by the implementation of the common connector for 
device manufacturers and also the loss of profit for EPS manufacturers . 
The direct costs for manufactures that do not use the common connector and have to redesign 
their equipment will be mitigated by a transition period and therefore are deemed negligible. 
The direct costs for manufactures who currently use proprietary fast  charging communication 
protocols not compatible with the common solution is estimated at EUR 30 million. The 
indirect costs are difficult to estimate (because of the manufacturers ’ unwillingness to divulge 
such information) and will come only from the loss of royalties for manufacturers that do not 
already use the common connector for their products.  
 Benefit (yearly)  Cost (yearly)  
GHG emissions  180 ktCO2e   
Material use  2600 tonnes   
E-waste  980 tonnes   
Consumer spending  250 m€   
Turnover for retailers and distributors  457 m€   
Turnover for worldwide manufacturers   352 m€  
Redesign of equipment to implement common 
connector   Included in the above.  
Mitigated by the 
transition  period as 
more and more 
manufacturers will 
head towards the 
common connector 
even in the baseline  
Implementing of common charging communication 
protocol   Included in the above.  
Implementing of unbundling solution   Included in the above.  
Royalties los s  Not estimable  
• Regulatory  fitness  and simplification  
Directive 2014/53/EU already requires manufacturers to ensure that radio equipment placed 
on the Union market is designed and manufactured in accordance with the essential 
requirements set out therein and that it is accompanied by information (e.g. on safe ty, 
intended use of radio equipment and usage restrictions). The new requirements will apply 
only to some categories or classes of radio equipment and are therefore not expected to create 
an additional burden.   
The amendments are not extensive and do not significantly alter the current legal framework 
on radio equipment.  
 EN 9  EN • Fundamental  rights  
Harmonising the interface for mobiles phones and other similar devices, in so far as they are 
recharged via wired charging, so that they can be recharged by using a common charging 
receptacle and a common charging communication protocol, and unbundling tho se devices 
from their chargers will increase the level of environmental protection (Article 37 of the 
Charter) and the consumer protection (Article 38 of the Charter).  
It is estimated that mobile phone chargers were responsible for around 11 000 tonnes of  e-
waste in 2018 and the associated life -cycle emissions were around 600 ktCO2e. These 
amounts are expected to somewhat increase in the coming years, driven namely by the trend 
of shifting to heavier fast chargers.  
The proposal will thus reduce environment al waste and ensure consumer convenience.  
4. BUDGETARY  IMPLICATIONS  
This proposal does not have any implications for the Union budget.  
5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
The proposal is to amend Directive 2014/53/EU which already requires in its Article 47:  
–  the Commission to review the operation of the Directive and report thereon 2 years 
after the date of applicability of the Directive and every five years thereafter; and  
– the Member States to se nd to the Commission a report on its application one year 
after the date of applicability of the Directive and every two years thereafter.  
Article 2 of the proposal provides that Member States shall inform the Commission on the 
transposition of the amendme nts. 
 
• European  Economic  Area   
The proposed act is of relevance to the EEA and should therefore extend thereto.  
 
• Detailed  explanation  of the specific  provisions  of the proposal  
 
Article 1 of the proposal amends certain provisions of Directive 2014/53/EU.   
 
The main amendments to be introduced to Directive 2014/53/EU by the proposal are the 
following.  
 
(1) A new paragraph is added in Article 3 (which sets out the essential require ments) and 
a new Annex is inserted.  
 EN 10  EN New paragraph 4 (Article 3) : This paragraph requires items of radio equipment, 
listed in a new Annex (Part I) added by the proposal, to comply with the charging 
interface and charging communication protocol described i n that new Annex. The 
same paragraph empowers the Commission to amend, via delegated acts, the 
contents of the new Annex, which can also allow in future, if needed, to address any 
additional type of charging technologies other than wired charging  
 
New Ann ex (Part I) : It requires that mobiles phones and the similar radio devices, if 
they are capable to be recharged via wired charging, are equipped with the USB 
Type -C receptacle and, if they also require charging at voltages higher than 5 volts or 
currents h igher than 3 amperes or powers higher than 15 watts  , incorporate the USB 
Power Delivery charging communication protocol . 
 
(2) A new Article 3a is inserted on the supply of certain categories or classes of radio 
equipment without charging devices.  
(3) This new Article requires that if an economic operator supplies to the end -users radio 
equipment together with a charging device, the economic operator shall be required 
to also offer to supply to all end -users the same radio equipment without any 
charging dev ice. 
(4) Article 10 (8) is amended so that a new information requirement is added.   
(5) More specifically, in the case of radio equipment to which the new requirements of 
the proposal will apply, information shall be provided on its charging performance 
characteristics as well the power delivery of the charging device that can be used 
with that radio equipment. The details of the information are specified in the new 
Annex (Part II) and the Commission is empowered to amend, via delegated acts, the 
contents of that new Annex (part II).  
(6) Article 17, which sets out the applicable conformity assessment procedures, for 
demonstrating compliance with the essential requirements set out in Article 3 of 
Directive 2014/53/EU, is amended in order to add references, i t its paragraph 2, to 
those new  requirements that are proposed to be inserted in Article 3 of Directive 
2014/53/EU (essential requirements).   
(7) The manufacturer will thus always have the choice to follow the internal product 
control procedure in order to demonstrate compliance with those new requirements 
(essential requirements).  
(8) Articles 40 and 43 are amended in order to align them with the new requirements 
added by the proposal.  
(9) In this way, Member States will have the powers to take measures against those 
products, which are not compliant with the new requirements.  
(10) Article 44, which is on delegated powers is amended in order to add references to the 
delegated powers conferred on the Commission via the proposal.  
Article 2 requires Member S tates to transpose the amendments by [ PO please  insert date – 12 
months after adoption ] and apply them from [ PO please  insert date 12 months after the end of 
the transposition period indicated in the paragraph above ].  
 
Any requirements to be introduced by  the proposal will not apply to any radio devices placed 
on the Union market before that date of applicability of the present Directive.  EN 11  EN 2021/0291 (COD)  
Proposal for a  
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
amending Directive 2014/53/EU on the harmonisation of the laws of the Member States 
relating to the making available on the market of radio equipment  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUR OPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114  thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliament s, 
Having regard to the opinion of the European Economic and Social Committee1,  
Having regard to the opinion of the Committee of the Regions2,  
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
 
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the 
Council3 is to guarantee 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 must fulfil is that it i nteroperates with accessories, in particular with 
common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that 
the interoperability between radio equipment and accessories such as chargers 
simplifies the use of radio equipment and reduces unnecessary waste and costs.  
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the 
charging interfaces for mobile phones and similar items of radio equipment.  Recent 
voluntary initiatives do not fully meet Uni on policy objectives to reduce electronic 
waste (e -waste), ensure consumer convenience and avoid 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 Council4 and more recently 
through the introduction of the European Green Deal. This Directive aims to reduce 
                                                 
1 OJ C , , p. .  
2 OJ C , , p. .  
3 Directive 2014/53/EU of the European Parl iament and of the Council of 16 April 2014 on the 
harmonisation of the laws of the Member States relating to the making available on the market of radio 
equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).  
4 Directive 2012/19/EU of the  European Parliament and of the Council of 4  July 2012 on waste electrical 
and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).  EN 12  EN the e -waste generated by the sale of ra dio equipment and to reduce the extraction of 
raw materials and the CO 2 emissions generated by the production, transportation and 
disposal of chargers, thereby promoting a circular economy.  
(4) The Commission’s Circular Economy Action Plan provided for in itiatives along 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 study, 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 othe r similar radio equipment results in a lack of consumer convenience 
and an increase in e -waste.  
(6) The 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 and portable 
speakers. In addition, there are several types of fast charging communication p rotocols 
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  
end-users. It is therefore necessary to introduce suitable requirements in Directive 
2014/53/EU regarding the charging communication protocols, the charging interface 
(i.e. charging receptacle) of certain categories or classes of radio equipment, as well as 
the information to be provided to end -users regarding the charging characteristics of 
those categories or classes of radio equipment.  
(7) The absence of harmonisation in this area may lead to substantial differences between 
the Member States' laws, regu lations, administrative provisions or practices on the 
interoperability of mobile phones and similar categories or classes of radio equipment 
with their charging devices, and on 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 and the significant cross -border trade of those products calls for 
stronge r legislative action at Union level rather than either national level or voluntary 
measures, so as to achieve the smooth functioning of the internal market.  
(9) It is therefore necessary to harmonise the charging interface and charging 
communication protoc ols for specific categories or classes of radio equipment that are 
recharged via wired charging. It is also necessary to provide the basis for adaption to 
any future technological progress by introducing a harmonisation of the charging 
interfaces and the c harging communication protocols with respect to radio equipment 
that may be charged via any means other than wired charging including charging via 
radio waves (wireless charging). Such harmonisation should reduce environmental 
waste, ensure consumer conven ience and avoid 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.  EN 13  EN (10) Such harmonisation wo uld be however incomplete, if it is not combined with 
requirements regarding the combined sale of radio equipment and their chargers and 
information to be provided to end -users. A fragmentation of approaches among the 
Member States with respect to the mark eting of the categories or classes of radio 
equipment concerned and their charging devices would hamper the 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. 
This 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 interface and charging communication pro tocol. It is 
therefore necessary to impose requirements to ensure that 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. To ensure the effectiveness of such requirements , end -users 
should receive the necessary information regarding the charging characteristics when 
purchasing a mobile phone or similar item of radio equipment.  
(11) It is technically feasible to define USB Type -C as the common charging receptacle for 
the re levant categories or classes of radio equipment. The USB Type -C technology, 
which is being used globally has been adopted at international standardisation level 
and has been transposed into the European system by the European Committee for 
Electrotechnical  Standardization (CENELEC) under the European Standard EN IEC 
62680 -1 series5.  
(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 100W of power and therefore 
leaves ample room for further development of fast charging solutions, while allowing 
the market to cate r for low -end phones 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 standard EN IEC 62680 -1-2:2020 ‘Universal serial 
bus interfaces for da ta and power - Part 1 -2: Common components - USB Power 
Delivery specification’.  
(13) With respect to charging by means other than wired charging , divergent solutions may 
be developed in the future, which may have negative impacts on interoperability, 
consu mer convenience and the environment. Whilst it is premature to impose specific 
requirements on such solutions at this stage, the Commission should be able to take 
action towards harmonising them in the future, if fragmentation on the internal market 
is obs erved.  
(14) Article 3 of Directive 2014/53/EU should be amended in order to cover charging 
interfaces and charging communication protocols. The categories or classes of radio 
equipment specifically covered by this new provision should be further detailed in a 
new annex to Directive 2014/53/EU.  
(15) Directive 2014/53/EU should also be amended in order to insert a new Article which 
will relate to the requirements on 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 in relation to charging solutions should be 
specified in a new annex to Directive 2014/53/EU.  
                                                 
5 Universal serial bus interfaces for data and power - Part 1 -3: Common components - USB Type -CTM 
Cable and Connector S pecification  EN 14  EN (16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the 
instructions for use and so additional information requirements should be inserted in 
that Article. The details of the new requirements should be specified in the new annex 
to Directive 2014/53/EU. Those information requirements would enabl e consumers to 
determine the most appropriate external power supply (EPS) needed to charge their 
radio equipment. It should be possible to adapt those requirements in the future in 
order to reflect any changes to the labelling requirements for EPS, which m ay be 
introduced under Directive 2009/125/EC of the European Parliament and of the 
Council6. 
(17) Article 17 of Directive 2014/53/EU, which sets out the conformity assessment 
procedures, should be amended in order to add references to the new essential 
requirements to be inserted in Article 3 of that Directive. The manufacturer should 
thus have the choice of following the internal control procedure in order to 
demonstrate compliance with those new essential requirements.  
(18) Articles 40, 43 and 44 of Direc tive 2014/53/EU should be amended in order to adapt 
the references that they contain to the new provisions that are introduced by this 
Directive.  
(19) In order to address any future developments in charging technology and to ensure the 
minimum common inter operability between radio equipment and the charging devices 
for such radio equipment, the power to adopt acts in accordance with Article 290 of 
the Treaty on the Functioning of the European Union should be delegated to the 
Commission to amend the categori es or classes of radio equipment and the 
specifications regarding the charging interfaces and charging communication 
protocols, as well as the details on the information in relation to charging. 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 Inter -institutional 
Agreement on Better Law -Making of 13 April 20167. In particul ar, 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.  
(20) Directive 2014/53/EU should therefore be amended accordingly.  
(21) 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.  
 
                                                 
6 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign requirements for energy -related products (OJ L 285, 
31.10.2009, p. 10).  
7 OJ L 123, 12.5.2016, p. 1.  EN 15  EN HAVE ADOPTED THIS DIRECTIVE:  
Article 1  
 
Directive 2014/53/EU is amended as follows:  
 
(1) Article 3 is amended as follows:  
 
(a) in paragraph 3, first subparagraph, point (a), the comma and the phrase ‘, in 
particular with common chargers’ is replaced by the phrase ‘other than the charging 
devices for the categories or classes of radio equipment, specified in Annex Ia, Part I, 
which are specifically referred to in paragraph  4 of this Article’ ;  
 
(b) the following paragraph is added:  
 
‘4. Radio equipment falling within the categories or classes specified in Annex Ia, Part 
I shall be so constructed that it complies with the specifications on charging set out in 
that Annex for the relevant category or class of radio equipment.  
With respect to radio equipment capable of being recharged via wired charging, the  
Commission is empowered to adopt delegated acts in accordance with Article 44 to 
amend Annex Ia in the light of technical progress, and to ensure the minimum 
common interoperability between radio equipment and their charging devices, by:  
(a) modifying, adding or removing categories or classes of radio equipment;  
(b) modifying, adding or removing technical specifications, incl uding references 
and descriptions, in relation to the charging receptacle(s) and charging 
communication protocol(s), for each category or class of radio equipment 
concerned.’  
With respect to radio equipment capable of being recharged via means other than 
wired charging, the  Commission is empowered to adopt delegated acts in accordance 
with Article 44 in order to amend Annex Ia in the light of technical progress, and to 
ensure the minimum common interoperability between radio equipment and their 
charging dev ices, by:  
(a) introducing, modifying, adding or removing categories or classes of radio 
equipment;  
(b) introducing, modifying, adding or removing technical specifications, including 
references and descriptions, in relation to charging interface(s) and charging 
communication protocol(s), for each category or class of radio equipment 
concerned.’;  
 
(2) the following Article 3a is inserted:  
 EN 16  EN ‘Article 3a  
Possibility for end -users to acquire certain categories or classes of radio equipment 
without a charging device  
 
Where an economic operator offers to end -users the possibility to acquire radio 
equipment falling within the scope of Article 3(4) together with a charging device, the 
end-user shall also be offered the possibility to acquire the radio equipment wi thout 
any charging device.’;  
 
(3) in Article 10(8), the following subparagraph is added:  
 
‘Radio equipment falling within the scope of Article 3(4) first subparagraph shall be 
accompanied by information on specifications relating to charging capabilities and to 
its charging device, as described in Annex Ia, Part II. The Commission is empowered 
to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, 
Part II, by introducing, modifying, adding or removing any details in relation to t hat 
information or the way that such information shall be indicated.’;  
 
(4) in Article 17(2), the phrase ‘Article 3(1)’ is replaced by the phrase ‘Article 3(1) and 
(4)’; 
 
(5) Article 40 is amended as follows:  
 
(a) the title is replaced by the following:  
‘Procedure at national level for dealing with radio equipment presenting a risk or not 
in compliance with essential requirements’;  
(b) in paragraph 1, first subparagraph, the words ‘or does not comply with at least one of 
the applicable essential requireme nts set out in Article 3’ are added after the words 
‘public interest protection covered by this Directive’;  
 
(6) Article 43(1) is amended as follows:  
(a) in point (h), the words ‘information on the intended use of radio equipment’ are 
replaced by the word s ‘the information’;  
(b) point (j) is replaced by the following:  
‘(j) Article 3a or 5 is not complied with.’;  
 
(7) Article 44 is amended as follows:  
(a) in paragraph 2, the following sentence is inserted after the first sentence:  
‘With respect to delegated acts referred to in Articles 3(4) and Article 10(8), third 
subparagraph, the power to adopt delegated acts is conferred on the Commission for EN 17  EN a period of five years from [ OP please insert date of entry into force of this 
Directiv e]’;  
(b) in paragraphs 3 and 5, the phrase ‘Articles 3(3), 4(2) and 5(2)’ is replaced by the 
phrase ‘Article 3(3), Articles 3(4), 4(2) and 5(2), and of Article 10(8), third 
subparagraph’;  
 
(8) the text set out in the Annex to this Directive is inserted as  Annex Ia.  
 
Article 2  
 
1. Member States shall adopt and publish, by [ OP please  insert date – 12 months after 
adoption of this Directive ] at the latest, the laws, regulations and administrative 
provisions necessary to comply with this Directive. They shall forthwith 
communicate to the Commission the text of those provisions.  
They shall apply those provisions from [ OP please  insert date 12 months after the 
end of the transposition period indicated in the preceding subparagraph ]. 
When Member States adopt those  provisions, they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official 
publication. Member States shall determine how such reference is to be made.  
2. Member States shall communicate to the Com mission the text of the main provisions 
of national law which they adopt in the field covered by this Directive.  
Article 3  
 
This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European  Union . 
Article 4  
 
This Directive is addressed to the Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President