REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the operation of the Radio Equipment Directive 2014/53/EU
Date: 2018-11-13
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: Cenelec, EC conformity marking, ETSI, European standard, application of EU law, delegated legislation, harmonisation of standards, market approval, market supervision, radio telecommunications

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 13.11.2018 COM(2018) 740 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the operation of the Radio Equipment Directive 2014/53/EU  
 
 
CONTENTS 

1. 

Introduction ..................................................................................................................................... 2 

2.  Better transition and coherence ..................................................................................................... 4 

2.1.  Workshop .................................................................................................................................... 4 

2.2.  Guidance on the date of applicability relating to the new Directives of the electrical sector .... 5 

2.3. 

RED Guide .................................................................................................................................... 5 

3.  Operation ........................................................................................................................................ 6 

3.1.  Notification of Transposition measures ...................................................................................... 6 

3.2. 

Application in EEA-EFTA states .................................................................................................... 6 

3.3. 

Conformity assessment ............................................................................................................... 7 

3.4.  Market Surveillance (compliance and better cooperation) ........................................................ 8 

3.5. 

The Committee (TCAM) ............................................................................................................. 11 

4.  Harmonised Standards .................................................................................................................. 12 

4.1. 

Purpose of Harmonised Standards ............................................................................................ 12 

4.2. 

Preparation of Harmonised Standards ...................................................................................... 13 

4.3.  General steps followed by the Commission to solve the problems .......................................... 14 

4.4. 

Specific situations and solutions ............................................................................................... 15 

4.4.1.  WiFi standard (EN 301 893) ................................................................................................... 15 

Harmonized standards which did not include specifications on receiver performance 
4.4.2. 
parameters ............................................................................................................................................ 15 

4.5. 

Status of harmonised standards under the RED ....................................................................... 16 

5.  Requirements ................................................................................................................................ 16 

5.1. 

Requirements based on new approach .................................................................................... 16 

5.2. 

Empowerment conferred on the Commission to adopt delegated and implementing acts .... 17 

5.2.1. 
Article 3.3 (additional essential requirements) and Article 4 (combinations of radio 
equipment and software) ...................................................................................................................... 17 

5.2.2. 

Article 5 (registration) ........................................................................................................... 20 

5.2.3. 

Other provisions .................................................................................................................... 21 

5.3. 

Removal of unnecessary administrative obligations and ambiguities ...................................... 21 

6.  Conclusion ..................................................................................................................................... 23 

Annex ..................................................................................................................................................... 25 

Changes Introduced by the RED ............................................................................................................ 25 

1 

 
 
 
1.  Introduction 

The  Engineering  Industry  plays  a  strategic  role  in  the  economy  of  Europe.  It  produces 
approximately  30%  of  the  EU  manufacturing  value  added  and  provides  technological 
solutions  relevant  for  the  main  EU  policies.  Environmentally  friendly,  innovative  and 
intelligent  electrical  and  mechanical  equipment  result  in  more  and  better  jobs  in  the  entire 
economy  and  in  cleaner,  more  efficient  and  competitive  products  and  services.  The 
engineering industries are key enabling sectors for other industries, as well as the suppliers of 
capital and intermediate goods and services to all sectors of the economy.  

One of the main legal European Union (EU) instruments within the domain of Electrical and 
Electronic Engineering Industries is the Radio Equipment Directive (RED)1 which establishes 
a regulatory framework for placing radio equipment on the internal market and is applicable, 
subject  to  a  number  of  exceptions,  to  products  using  the  radio  frequency  spectrum  (radio 
equipment)2.  The  other  instruments  in  the  domain  of  Electrical  and  Electronic  Engineering 
Industries are the Low Voltage Directive 2014/35/EU3 and the Electromagnetic Compatibility 
Directive 2014/30/EU4. 

Radio equipment, falling within the scope of the RED, is not subject to Directive 2014/35/EU 
and Directive 2014/30/EU5, however it shall comply with the essential requirements of those 
Directives since Article 3 (1) of the RED refers to their essential requirements. 

The RED was published in the Official Journal of the EU (OJEU) on 22 May 2014, entered 
into  effect  on  11  June  2014  and  is  applicable  as  of  13  June  2016.  It  repealed  the  Radio 
Equipment and Telecommunications Terminal Equipment Directive 1999/5/EC6. It provided 
for  one-year  transitional  period,  which  ended  on  12  June  2017  (Article  48).  During  the 

1 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  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). 

2 Article 1 of the Directive specifies the scope of the Directive and Article 2 defines the term 'radio equipment'. 

3  Directive  2014/35/EU  of  the  European  Parliament  and  of  the  Council  of  26  February  2014  on  the 
harmonisation of the laws of the Member States relating to the making available on the market of electrical 
equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357). 

4  Directive  2014/30/EU  of  the  European  Parliament  and  of  the  Council  of  26  February  2014  on  the 
harmonisation  of  the  laws  of  the  Member  States  relating  to  electromagnetic  compatibility  (OJ  L  96, 
29.3.2014, p. 79). 

5 Article 1 (4) of the RED provides that radio equipment within the scope of the RED is not subject to Directive 
2014/35/EU; and Article 2 (2) (a) of Directive 2014/30/EU provides that the latter does not apply to radio 
equipment. 

6 Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and 
telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, 
p. 10). 

2 

 
 
 
                                                           
transitional  phase,  manufacturers  were  allowed  to  place  on  the  market  radio  equipment 
compliant  with  either  the  RED  or  the  EU  legislation  applicable  before  13  June  2016  (e.g. 
Directive 1999/5/EC).  

The  RED  aligned  Directive  1999/5/EC  with  the New  Legislative  Framework7.  The  revision 
took account of the need for improved market surveillance, mainly by introducing traceability 
obligations  of  manufacturers,  importers  and  distributors.  It  provides  also  the  possibility  to 
adopt delegated acts in order to require prior registration for those classes of radio equipment 
affected by low levels of compliance. Other new elements are the inclusion within the scope 
of  pure  radio  sound  and  radio  TV  receive-only  equipment  and  the  simplification  of  certain 
administrative  requirements.  For  a  brief  comparison  between  the  RED  and  Directive 
1999/5/EC, see the attached Annex.  

The  Commission  is  empowered  in  the  RED  to  adopt  delegated  acts  on  specific  matters.  
Article 44 (2) of the RED provides that the power to adopt delegated acts is conferred on the 
Commission  for  a  period  of  five  years  from  11  June  2014  and  requires  the  Commission  to 
draw up a report in respect of the delegation of power not later than nine months before the 
end of the five-year period (i.e. by 10 September 2018). 

Moreover, under Article 47 (2) of the RED, the Commission shall review the operation of the 
Directive (i.e. RED) and report thereon to the European Parliament and to the Council, by 12 
June 2018 and every five years thereafter. 

A  report  for  the  purposes  of  Article  47  (2)  of  the  RED  will  inevitably  cover  details  on 
initiatives taken or to be taken for preparing delegated acts under the RED i.e. will also report 
on  issues  relating  to  Article  44  (2).  In  addition,  the  timing  for  submitting  a  report  for  the 
purposes of article 47 (2) is very close with the date for submitting a report for the purposes of 
Article 44 (2) of the RED   

This  Report is  therefore  prepared for the purposes of both  Articles 44  (2) and 47 (2) of the 
RED.    In  accordance  with  Article  47  (2)  of  the  RED,  this  Report  covers  matters  on  the 
transposition  and  operation  of  the  RED,  including  the  progress  on  drawing  up  the  relevant 
standards8  and  the  activities  of  the  Telecommunication  Conformity  Assessment  and  Market 
Surveillance  Committee  (TCAM).9  It  also  provides  information  on  matters  in  relation  to 

7 Regulation (EC) No 765/2008 of the  European Parliament and of the  Council of 9 July 2008 setting out the 
requirements for accreditation and market surveillance relating to the marketing of products and repealing 
Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30); 

Decision  No  768/2008/EC  of  the  European  Parliament  and  of  the  Council  of  9  July  2008  on  a  common 
framework  for  the  marketing  of  products,  and  repealing  Council  Decision  93/465/EEC  (OJ  L  218, 
13.8.2008, p. 82). 

8 Section 4 of this Report.  

9 Section 3.5 of this Report. 

3 

 
 
                                                           
paragraph (a) of Article 47 (2) referring to a coherent system,10 paragraph (d) of Article 47 (2) 
referring  to  consumer  protection,11  paragraph  (e)  of  Article  47  (2)  referring  to      common 
chargers12  and  paragraph  (f)  of  Article  47  (2)  referring  to  e-labelling.13  Lastly,  this  Report 
provides details and update, in accordance with Article 44 (2) of the RED, on the delegation 
of power.14 

This is the first report prepared, almost only one year after the end of the transitional period, 
for  the  purposes  of  Article  47  (2).    Accordingly,  it  is  too  early  to  provide  details  on  all  the 
items  enumerated  in  Article  47  (2)  of  the  RED  and  in  general  to  draw  conclusions  on  the 
effectiveness of the RED. Under Article 47 (2) of the RED, a report shall be prepared every 
five years which means that the next report will be prepared and submitted in 2023. 

2.  Better transition and coherence 

2.1. Workshop 

Due  to  the  new  elements  introduced  by  the  RED,  Member  States  and  stakeholders  raised 
questions on the applicability of the RED as well as on the interpretation of certain provisions 
in particular in relation to the scope, the Commission organised an open workshop in Brussels 
in  November  2014.  The  aim  of  the  workshop  was  to  deal  with  issues  and  questions  on  the 
transposition  of  the  RED,  so  that  Member  States  would  be  ready  to  prepare  the  national 
transposition  measures  on  time  and  coherently  and  stakeholders  (e.g.  industry  and  notified 
bodies) would be ready to apply consistently the RED, upon its application date. 

There was a vast number of participants (approximately 100) coming, mainly, from Member 
States, EFTA15 states, European Standardisation Organisations, industry associations, notified 
bodies,  consumer  association  etc.  Afterwards,  a  "Questions  and  Answers"  document  was 
published on the Commission website.16 

10 Sections 2 and 3 of this Report. 

11 Sections 3.4 and 5.1 of this Report. 

12 Section 5.2.1 of this Report. 

13 Section 5.3 of this Report. 

14 Section 5.2 of this Report.   

15 European Free Trade Association. 

16 

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SrWWN5p7lXZP4NlUih%2Ft2Xjjfli4tplfoUl%2BqU%3D 

4 

 
 
 
                                                           
2.2. Guidance on the date of applicability relating to the new Directives of the 

electrical sector 

There was a need to provide guidance to Member States and stakeholders, explaining in detail 
the  applicability  of  the  new  Directives  of  the  electrical  sector  (Directive  2014/30/EU, 
Directive 2014/35/EU and the RED) in relation to the date of the placing on the market of a 
product.  In  response,  the  Commission  services  prepared  such  a  guidance,  which  was 
published on the Commission website.17  

The  document  clarifies  which  Directive  of  the  electrical  sector  is  applicable  in  a  given 
situation,  by  taking  into  account  the  date  on  which  a  product  is  placed  on  the  market,  the 
transitional period of the RED, the scope of the old and new Directives of the electrical sector 
as well as the date of applicability of these Directives. 

2.3. RED Guide 

In May 2017, the new RED Guide was published on the Commission website18. This Guide is 
intended  to  serve  as  a  manual  for  all  parties  directly  or  indirectly  affected  by  the  RED.  It 
should assist in the interpretation of the RED. The Guide is not legally binding.  

The Guide explains and clarifies some of the most important issues related to the application 
of  the  RED,  such  as  the  scope,  the  essential  requirements,  the  applicable  conformity 
assessment  procedures,  some  specific  obligations  relating  to  the  economic  operators  etc.  It 
was prepared in collaboration with the Member States and stakeholders (industry associations, 
consumer associations, notified bodies, European standardisation bodies).  

In June 2018, the Commission services published an updated version of this Guide, endorsed 
also by the Telecommunication Conformity Assessment and Market Surveillance Committee 
(TCAM),19  which  includes  clarifications  on  issues,  raised  after  the  publication  of  the  first 
version of the Guide and  updated references.  For example, it clarifies whether the RED is 
applicable to  radio  modules, provides update on the applicability of RED to  drones and has 
cross reference to the supplementary guidance on combined equipment.20  

17 http://ec.europa.eu/growth/sectors/electrical-engineering/ec-support_en  

18 http://ec.europa.eu/growth/sectors/electrical-engineering/red-directive_en 

19 On TCAM, see section 3.5. 

20 This  supplementary  guidance    relates  with  the  applicability  of  the  Electrical  Sector  Directives  in  relation  to 
non-radio  products  (such  as  household  appliances)  when  they  function  with  radio  equipment  as  well  as  
electrical/electronic  equipment  when  is  included  in  or  attached  to  non-electrical  products  (such  as  shoes, 
furniture, etc.); it is published on the Commission website: 

 http://ec.europa.eu/growth/sectors/electrical-engineering/ec-support_en 

5 

 
 
 
 
                                                           
3.  Operation 

3.1. Notification of Transposition measures 

Article 49(1) of the RED stipulates that Member States shall adopt and publish, by 12 June 
2016,  the  laws,  regulations  and  administrative  provisions  necessary  to  comply  with  this 
Directive  (i.e.  RED).  They  shall  forthwith  communicate  the  text  of  those  measures  to  the 
Commission. 

By  July  2016,  14  Member  States  notified  their  national  transposition  measures.  As  a 
consequence,  in  July  2016  the  European  Commission  sent  a  Letter  of  Formal  Notice  to  the 
other 14 Member States that did not comply with Article 49 (1). By the end of the year 2017, 
all Member States have notified one or more national acts referenced as national transposition 
measures. The RED has thus been transposed in all the Member States and any infringement 
files relating to Article 49 (1) of the RED have been closed. Information on the infringement 
procedures followed, for each Member State, is available on the Commission database.21 

The  Commission  services  did  not  receive  any  complaints  in  relation  to  problems  caused  on 
the free movement  of  radio  equipment,  already compliant with  the RED,  resulting  from  the 
late transposition of the RED. 

3.2. Application in EEA-EFTA states 

The RED is applicable in the EEA22-EFTA23 states (Norway, Iceland and Liechtenstein) as it 
has been incorporated into the EEA Agreement by a Decision of the EEA Joint Committee24 
and subsequently transposed into national law by those States.   

Switzerland  has  adapted  its  national  legislation25  equivalent  to  RED.  Accordingly,  the 
relevant Chapter 7 of Annex I of the Mutual Recognition Agreement concluded between the 

21 http://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/?lang_code=en 

22 European Economic Area. 

23 European Free Trade Association 

24  Decision  of  the  EEA  JOINT  COMMITTEE  No  89/2016  of  29  April  2016  amending  Annex  II  (Technical 

regulations, standards, testing and certification) to the EEA Agreement (COM/2012/0584 final). 

25 Ordinance of 25 November 2015 on Telecommunications Equipment (OPT) (RO 2016 179) and Ordinance of 
26 May 2016 of the Federal Office of Communications (OFCOM) on Telecommunications Equipment (RO 
2016 1673) as last amended on 15 June 2017 (RO 2017 3201). 

6 

 
 
 
 
                                                           
EU and Switzerland, which entered into force on 1 June 200226 has been amended27 to reflect 
the new EU acquis and equivalent Swiss legislation. 

3.3. Conformity assessment  

In May 2015, the Commission services sent a letter to all Member States inviting them to start 
notifying  their  conformity  assessment  bodies  under  RED,  provided  that  the  relevant 
provisions of the RED had been transposed. That letter also highlighted the fact that notified 
bodies under the repealed Directive would be withdrawn as of 13 June 2017 (i.e. after the end 
of the transitional period provided for in Article 48 of the RED).  

By the end of the transitional period (i.e. by 12 June 2017), 61 bodies were notified, by the 
end of the  year 2017 another 4 bodies were notified and by the end of  April 2018 the total 
number of these bodies reached 70.28  

No  particular  problem  has  been  encountered  with  respect  to  the  notification  of  conformity 
assessment  bodies  under  the  RED.  In  addition,  the  Commission  has  never  received  any 
information indicating that notified bodies were overloaded or unable to perform their tasks. 
Though there was a delay in the publication of harmonised standards (details are given in section 4) 
and as result the involvement of a notified body for specific requirements was required,29 still 
the Commission did not receive any information indicating that they were overloaded. 

The RED is a new approach directive. It is mostly based on the system of the EU Declaration 
of Conformity (DoC), obliging the manufacturers to certify their own products and maintain a 
technical file, regarding the compliance of the products with the applicable requirements, for 
inspection by surveillance authorities.  

A  third  party  (in  this  case  a  notified  body)  is  required  to  be  involved  in  specific  and 
exceptional situations.30 However, in the past, manufacturers have often preferred to seek an 
endorsement  from  a  notified  body  even  when  that  was  not  needed,  as  they  had  applied  the 

26 OJ L 114, 30.4.2002, p. 369, as amended. 

27 Joint Committee Decision 1/2017 of 28 July 2017, OJ L 323, 7.12.2017, p. 51–102. 

28 Includes bodies notified by EU/EEA/MRA states. The list containing details and update information may be 

found at: http://ec.europa.eu/growth/tools-databases/nando/ 

29 For the assessment of compliance with the requirements relating to Article 3 (2) and (3) but there is no such 

obligation for the requirements relating to Article 3 (1). 

30  For  the  purposes  of  the  essential  requirements  set  out  in  Article  3  (2)  and  (3)  of  the  RED,  a  conformity 
assessment involving a notified body shall be followed when harmonised standards are partially applied or 
not applied or do not exist 

7 

 
 
 
                                                           
relevant  harmonised  standards31.  It  needs  to  be  seen  if  the  alignment  of  the  conformity 
assessment procedures with the new legislative framework will encourage the manufacturers 
to  seek  an  endorsement  from  a  notified  body  only  in  the  specific  situations  foreseen  in  the 
Directive thus leading to a reduction of administrative costs.  

The detailed criteria set out in the RED that the conformity assessment bodies have to fulfil, 
aim  at  ensuring  a  sufficient  and  a  uniformly  high  level  of  performance  of  these  bodies. 
Because of the Mutual Recognition Agreements with a number of States,32 manufacturers can 
benefit from access to a wider market.  

The  sectoral  group  of  notified  bodies,  the  Radio  Equipment  Directive  Compliance 
Association  (REDCA),33  contributes  to  the  effective  implementation  of  the  legislation  in 
cooperation  with  the  Committee  set  up  under  the  RED  i.e.  the  Telecommunication 
Conformity  Assessment  and  Market  Surveillance  Committee  (TCAM)34  and  facilitates  the 
convergence  of  conformity  assessment  practices.  The  REDCA  liaises  with  relevant 
organisations  such  as  European  Telecommunications  Standards  Institute  (ETSI),  Electronic 
Communications  Committee  (ECC)  and  the  Administrative  Cooperation  Group  (ADCO 
RED).35  It  is  recognized  that  the  application  of  conformity  assessment  procedures  in  a 
consistent manner facilitates the achievement of an open and competitive market throughout 
Europe. 

3.4. Market Surveillance (compliance and better cooperation) 

Overall, the RED, which applies the framework for the market surveillance of products set up 
by  Regulation  (EC)  765/200836  achieves  better  and  more  efficient  cooperation  between 
national market surveillance authorities, which is indispensable for the success of the market 
surveillance policy and for guaranteeing an open and competitive market throughout Europe. 
This  cooperation  is  supported  by  the  operation  of  the  internet-supported  information  and 
communication system  for the pan-European market surveillance (ICSMS) database and the 

31  Report  from  the  Commission  to  the  Council  and  the  European  Parliament  second  Progress  Report  on  the 
operation of Directive 1999/5/EC, on radio equipment and telecommunications terminal equipment and the 
mutual recognition of their conformity (COM/2010/0043). 

32 https://ec.europa.eu/growth/single-market/goods/international-aspects/mutual-recognition-agreements_en 

33 Article 38 of the Directive requires Member States to ensure that the bodies notified by them participate in the 
work  of  the  sectoral  group  of  notified  bodies  (hence  that  group),  directly  or  by  means  of  designated 
representatives. 

34 On TCAM, see section 3.5. 

35 On ADCO RED, see section 3.4. 

36 For market surveillance issues, the RED applies in conjunction with Articles 15 to 29 of Regulation no (EC) 

No 765/2008. 

8 

 
 
 
                                                           
Rapid  Alert  System  for  non-food  dangerous  products  (RAPEX)  which  constitute  essential 
tools to exchange information and optimise work sharing among authorities37.  

The  cooperation  is  also  ensured  with  the  establishment  and  operation  of  the  Administrative 
Cooperation  Group  of  national  market  surveillance  authorities  in  the  specific  sector,  the 
ADCO  RED  Group.  One  important  activity  of  the  ADCO  RED  is  the  preparation  and 
submission  to  the  Commission  and  TCAM  of  yearly  market  surveillance  statistics  for 
equipment within the scope of RED (and its predecessor, Directive 1999/5/EC).38 

By  the  time  of  the  finalisation  of  this  Report,  the  ADCO  RED  presented  the  market 
surveillance  statistics  for  the  year  2016,39as  during  that  year  Directive  1999/5/EC  was  still 
applicable,  these  statistics  provide  findings  of  non-compliant  products  with  Directive 
1999/5/EC, found on the market.  More specifically until 12 June 2016, Directive 1999/5/EC 
was  applicable  while  between  13  June  2016  and  12  June  2017,  the  manufacturers  had  the 
choice to apply either Directive 1999/5/EC or the RED due to the transitional period provided 
for in Article 48 of the RED. Based on these statistics it can be assumed that manufacturers 
preferred  to  apply  Directive  1999/5/EC  during  the  given  period.  As  a  result,  no  concrete 
conclusions can be drawn on whether specific types of radio equipment  are affected by low 
level of compliance with respect to the requirements of the RED. 

In addition to the above data, the Commission received from Member States40 information on 
the application of the RED in accordance with Article 47 (1).41 This information leads also to 
the conclusion that manufacturers, until the end of the transitional period, preferred to use the 
repealed – but still applicable- Directive i.e. Directive 1999/5/EC. As a result, the conformity 
of radio equipment, which was on the market, was assessed on the basis of the latter.  

37  ICSMS  is  an  IT  platform  to  facilitate  communication  between  market  surveillance  bodies  in  the  EEA 
(European Economic Area). It quickly and efficiently shares information on non-compliant products, avoids 
the  duplication  of  work,  and  speeds  up  the  removal  of  non-compliant  products  from  the  market.  The 
RAPEX  enables  quick  exchange  of  information  between  EEA  countries  and  the  European  Commission 
about  dangerous  non-food  products.    The  legal  framework  for    establishing  the  RAPEX  system  is    the 
General  Product  Safety  Directive  2001/95/EC  (GPSD).  Regulation  (EC)  765/2008  extended  the  scope  of 
RAPEX also to non- consumer products and risks other than health and safety in so far as they are covered 
by EU harmonisation legislation. The exchange of information is done via the Internet application, which is 
maintained by the European Commission. 

38 For details on the objectives of ADCOs, see: 

http://ec.europa.eu/growth/single-market/goods/building-blocks/market-surveillance/organisation/administrative-

cooperation-groups_en 

39 https://ec.europa.eu/docsroom/documents/24223 

40 By April 2018: from 21 EU Member States. 

41  Article  47  (1):  Member  States  shall  submit  to  the  Commission  regular  reports  on  the  application  of  this 
Directive by 12 June 2017 and at least every two years thereafter. The reports shall contain a presentation of 
the market surveillance activities performed by the Member States and provide information on whether and 
to what extent compliance with the requirements of this Directive has been attained, including in particular 
requirements on identification of economic operators. 

9 

 
 
                                                           
Besides, the reports received in accordance with Article 47 (1) do not show or conclude that 
there is an issue of low level of compliance, in relation to any category of radio equipment, 
with the essential requirements of the RED. 

Member  States  will  be  able  to  assess  the  compliance  of  radio  equipment  with  the  new 
Directive (RED) and provide more detailed information and data in the next years. 

A specific problem raised by market surveillance authorities during the ADCO RED meetings 
was the lack of clarity on the application of the RED to unmanned aircraft (drones) and the 
need to ensure that its requirements on electromagnetic compatibility and radio spectrum are 
applicable  to  (at  least)  consumer  and  commercial  drones.  During  the  discussions  for  the 
adoption of a Regulation in the field of civil aviation,42it was agreed to modify the exemption 
in RED which refers to  airborne equipment.43 As a result, new Regulation (EU) 2018/1139, 
applicable as of 11/9/2018, 44 amended Annex I (para. 3) of the RED aiming at ensuring that 
the RED will apply to most categories of drones.  

In  2017,  the  Commission  tabled  a  legislative  proposal  for  a  Regulation  on  compliance  and 
enforcement of single market rules for non-food products45 aiming at reducing the number of 
non-compliant  products  in  the  Single  Market.  More  specifically,  it  will  provide  the  right 
incentives  to  businesses,  intensify  compliance  checks  and  promote  closer  cross-border 
cooperation  among  enforcement  authorities  by  consolidating  the  existing  framework  for 
market  surveillance  activities.  In  addition,  it  will  encourage  joint  actions  by  market 
surveillance  authorities  from  several  Member  States,  improve  the  exchange  of  information, 
promote  the  coordination  of  market  surveillance  programmes  and  create  a  strengthened 
framework for controls on products entering the Union market and for improved cooperation 
between  market  surveillance  authorities  and  customs  authorities.  It  includes,  inter  alia,  the 
deletion of Article 39 and the fourth subparagraph of Article 40 (1) of the RED.46  

42 Proposal aiming at repealing and replacing Regulation (EC) No 216/2008, COM/2015/0613 final - 2015/0277 

(COD). 

43 Annex I.3 of the RED. 

44 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in 
the  field  of  civil  aviation  and  establishing  a  European  Union  Aviation  Safety  Agency,  and  amending 
Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 
2014/30/EU  and  2014/53/EU  of  the  European  Parliament  and  of  the  Council,  and  repealing  Regulations 
(EC)  No  552/2004  and  (EC)  No  216/2008  of  the  European  Parliament  and  of  the  Council  and  Council 
Regulation (EEC) No 3922/91 (Text with EEA relevance.) 

45 Procedure 2017/0353/COD. 

46 Due to this modification, if adopted, for market surveillance issues, the RED will apply in conjunction with the 

provisions of this Regulation and not with Articles 15 to 29 of Regulation no (EC) No 765/2008. 

10 

 
 
                                                           
3.5. The Committee (TCAM) 

Article  45  of  the  RED  establishes  the  Telecommunication  Conformity  Assessment  and 
Market  Surveillance  Committee  (TCAM),  which  is  a  committee  within  the  meaning  of 
Regulation (EU) No 182/2011.47 TCAM48 delivers its opinion on proposed implementing acts 
under  the  RED  and  in  general  discusses  any  other  matter  concerning  the  application  of  the 
Directive  raised  either  by  its  chair  or  by  a  representative  of  a  Member  State  in  accordance 
with its rules of procedure. 

The Committee, chaired by the Commission services, updated its rules of procedures which 
were first prepared by the Commission services, approved by TCAM49 and entered into force 
on 19 September 2017. Hence, it has been ensured that the Committee is in operation. 

It should be noted that a similar committee existed under Directive 1999/5/EC (the repealed 
Directive). The committee established under Directive 1999/5/EC appointed a working group 
chaired by the Commission  services50,  in  order to  provide assistance and advice on specific 
issues. That working group continues its operation as a group of the Committee established by 
the RED.  

In  2015,  a  subgroup  was  also  established  by  TCAM51  on  “airborne  products,  parts  and 
appliances”. This subgroup was set up to discuss questions and proposals raised in a TCAM 
document dealing with the exemption of airborne equipment, parts and appliances in Annex I 
of the RED and specific cases under study within the European Standardisation Organisations, 
such as drones and obstacle radars. In 2016, this subgroup has presented a report before the 
TCAM with findings and recommendations for further assessment52.  

There  was  one  voting  procedure  in  accordance  with  Article  45  (2)  -  advisory  procedure  – 
relating  to  the  draft  Commission  Implementing  Regulation  specifying  how  to  present  the 

47  Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011  laying 
down  the  rules  and  general  principles  concerning  mechanisms  for  control  by  Member  States  of  the 
Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

48  Representatives  from  Member  States  participate  as  members  and  representatives  from  EEA-EFTA  states, 

Turkey and Switzerland participate as observers. 

49  The  draft  rules  were  submitted  to  the  TCAM  members  for  approval,  via  CIRCABC,  during  the  period  3 

August and 18 September 2017  

50  Comprises  experts  from  Member  States,  EEA-EFTA  states,  Turkey  and  Switzerland  as  well  stakeholders 
(such as industry associations, consumer associations, notified bodies, European Standardisation bodies). 

51 TCAM WG 07. 

52 TCAM WG 08(13). 

11 

 
 
 
                                                           
information provided for in Article 10(10) of Directive 2014/53/EU, on which the Committee 
gave a positive opinion.53  

Joint  meetings  of  TCAM  and  the  Committee  established  by  the  Radio  Spectrum  Decision 
(676/2002/EC),54 the Radio Spectrum Committee (RSC), are organised aiming at discussing 
common issues relating to radio equipment and therefore facilitating the operation of the RED 
as appropriate. The last meeting of this joint group took place in October 2017. 

4.  Harmonised Standards 

4.1. Purpose of Harmonised Standards 

The application of harmonised standards, whose references are published in the OJEU under 
the Directive, is voluntary but has the advantage of giving “presumption of conformity” with 
the corresponding essential requirements that they aim to cover.55  

If a manufacturer chooses not to follow a harmonised standard or to apply it only partly, he 
has  the  obligation  to  prove  that  the  radio  equipment  is  in  conformity  with  the  essential 
requirements by other means and to provide a full technical justification to show compliance 
with  these  requirements.  If  harmonised  standards  do  not  exist  or  are  not  applied,  the 
manufacturer is required to consult a notified body for the assessment of compliance with the 
requirements  relating  to  Article  3  (2)  and  (3)  but  there  is  no  such  obligation  for  the 
requirements relating to Article 3 (1). 

The  EU  has,  since  the  mid-1980s,  made  an  increasing  use  of  standards  in  support  of  its 
policies and legislation. Standardisation has contributed significantly to the completion of the 
Internal  Market  in  the  context  of  'New  Approach'  legislation,  which  refers  to  European 
standards  developed  by  the  European  Standardisation  Organisations.  These  European 
organisations  have  special  agreements  (respectively  the  Vienna  and  Frankfurt  Agreements) 
with  International  Standardisation  Organisation/  International  Electrotechnical  Commission 
that ensure collaboration on most standardization subjects and avoid overlapping activities. In 
particular, where there is international work that can be adopted in Europe, the preference is 
given to the work at the international level.  

53 See Section 5.2.3 

54 Decision No 676/2002/EC of the  European Parliament and of the Council of 7 March  2002 on a regulatory 

framework for radio spectrum policy in the European Community (OJ L 108, 24.4.2002). 

55 Article 16 of the Directive provides that radio equipment which is in conformity with harmonised standards or 
parts  thereof  the  references  of  which  have  been  published  in  the  Official  Journal  of  the  European  Union 
shall be presumed to be in conformity with the essential requirements set out in Article 3 covered by those 
standards or parts thereof. 

12 

 
 
 
                                                           
4.2. Preparation of Harmonised Standards 

The Commission, acting in accordance with Article 10 of the Standardisation Regulation (EU) 
No  1025/201256,  requested  the  European  Committee  for  Electrotechnical  Standardisation 
(CENELEC)  and  European  Telecommunications  Standards  Institute  (ETSI)  to  draft,  in 
support  of  the  implementation  of  Article  3  of  the  RED,  harmonised  standards  for  radio 
equipment57 (the Mandate). 

The Mandate was delivered to CENELEC and ETSI almost two years before the expiration of 
the  transitional  period  foreseen  in  the  RED.  The  Mandate  was  delivered  on  4  August  2015 
while the transitional period ended on 12 June 2017. 

The deadline for delivery – 15 March 2016 - of the standards was laid down in the Mandate.  

CENELEC and ETSI had been consulted during the preparation of that Mandate. Hence they 
were aware of the need to start preparing harmonised standards, for the purposes of the RED, 
well on time. 

The latest list of harmonised standards under Directive 1999/5/EC included 252 harmonised 
standards, more specifically 21 related to the essential requirements in Article 3(1)(a), 52 for 
those  in  Article  3(1)(b)  and  179  for  those  in  Article  3(2)  and  3(3).58  Not  all  of  these 
harmonised standards needed to be updated.59 The changes to the existing body of standards 
available under the repealed Directive (Directive 1999/5/EC) needed, in order to appropriately 
reflect  the  changes  in  the  RED,  were  limited.  Without  prejudice  to  any  new  standards  that 
should  have  been  prepared  due  to  the  new  scope  of  the  RED  (compared  to  the  scope  of 
Directive  1999/5/EC),  it  was  necessary  to  update  187  standards,  whose  references  were 
published under Directive 1999/5/EC, for the purposes of publication under the RED.60  

There  was,  however,  a  delay  in  the  publication  of  harmonised  standards  under  the  RED 
because a vast number of standards either were not delivered within the timeframe or were not 
updated or adapted for the purposes of the RED. 

56  Regulation  (EU)  No  1025/2012  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  on 
European standardisation amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 
94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the 
European  Parliament  and  of  the  Council  and  repealing  Council  Decision  87/95/EEC  and  Decision  No 
1673/2006/EC of the European Parliament and of the Council. 

57 Commission Implementing Decision of 4.8.2015 on a standardisation request to the European Committee for 
Electrotechnical  Standardisation  and  to  the  European  Telecommunications  Standards  Institute  as  regards 
radio equipment in support of Directive 2014/53/EU of the European Parliament and of the Council. 

58  Every  Harmonised  Standard,  with  its  amending  versions  or  in  multiple  versions  (new  and  superseded 

versions), has been counted as a single Harmonised Standard. 

59 For example some of them were superseded or covering equipment not within the scope of the RED. 

60 CENELEC had to update 26 harmonised standards and ETSI 161.  

13 

 
 
 
                                                           
According  to  the  Standardisation  Regulation  (EU)  1025/2012,  the  Commission  can  only 
publish  the  harmonised  standards  in  the  OJEU  if  they  have  been  formally  delivered  by  the 
standardisation organisations and if they satisfy the requirements they aim to cover. 

The above issues with the timely availability of standards raised political and media attention. 

4.3. General steps followed by the Commission to solve the problems  

In an effort to solve the above-mentioned issues and to avoid such situations arising again in 
the future, Commission services worked in close collaboration with the ESOs.  

Firstly, the Commission has assessed as fast as possible the harmonised standards when they 
were  submitted  by  CENELEC  and  ETSI.  The  average  time  for  assessing  the  standards  was 
less than 2 months from their informal delivery and in the order of 1 month from their formal 
delivery. The Commission also established monthly publications of harmonised standards in 
order  to  ensure  that  suitable  harmonised  standards  could  be  made  available  to  the 
manufacturers  in  the  shortest  possible  time,  as  provided  for  in  Article  10(6)  of  the 
Standardization  Regulation  1025/2016.  As  a  result,  the  publication  of  suitable  harmonised 
standards  could  be  done,  on  average,  within  2  and  3  months  from  their  delivery  by  the 
CENELEC and ETSI. Whenever asked for, the Commission also provided comments on the 
draft standards in order to prevent potential problems with their subsequent publication in the 
OJEU. 

Furthermore,  the  Commission  services  organised  a  joint  workshop  with  the  European 
Standardisation  Bodies  to  describe  and  explain  the  quality  requirements  required  for 
harmonised  standards  and  the  most  common  errors  in  drafting  harmonised  standards  with  a 
view to avoiding them in the future.61 During the workshop, specific case studies have been 
identified in order to explain the reasons for non-publication and show examples of some of 
the  most  common  errors  made.  Recommendations  and  possible  way  forward  for  selected 
problems were also discussed.  

Because  of  the  delay  in  the  preparation  and  publication  of  harmonised  standards  under  the 
RED,62 Commission services received many questions regarding the applicability of the RED, 
the  applicable  provisions  during  the  transitional  period  and  whether  supply  of  radio 
equipment (e.g. mobiles) placed on the market before the end of the transitional period (i.e. 
before  13  June  2017)  would  be  affected.    In  order  to  give  better  clarity  to  stakeholders, 
Commission services prepared a document with the title 'Frequently Asked Questions', which 

61  The  workshop  was  organised  in  January  2017  in  Brussels  and  there  were  also  participants  from  National 

Standardisation Bodies, the market surveillance authorities, and industry associations 

62 See below. 

14 

 
 
 
                                                           
was first  published on the Commission  website in  April 201763 that has  been updated since 
then when needed. 

In  general,  as  part  of  the  Single  Market  Strategy,64  the  Commission  is  working  on  the 
modernisation  of  the  European  standardisation  system  and  launched  the  so-called  joint 
initiative on standardisation. The objective of this initiative is to work in a public and private 
partnership  with  standardisation  bodies  and  Member  States  to  better  respond  to  European 
standardisation challenges;  to  exchange information  on new rules  and developments; and to 
improve the understanding on the role of standards. 

4.4. Specific situations and solutions 

Beyond the steps followed for finding solutions to the problems encountered with respect to 
the preparation of the harmonised standards under the RED, Commission services, in an effort 
to  increase  the  number  of  published  standards,  followed  also  pragmatic  solutions  in  two 
particular situations described below. 

4.4.1.  WiFi standard (EN 301 893) 

A  particular  situation  arose  with  the  new  version  of  a  standard,  delivered  by  ETSI  in  May 
2017, covering a large number of WiFi products (EN 301 893).65  

The  Commission  introduced  as  a  solution  a  period  of  transition  allowing  industry  to  have 
sufficient time to adjust to the specifications of this new harmonised standard.  

4.4.2.  Harmonized standards which did not include specifications on receiver 

performance parameters 

A  number  of  ETSI  Harmonised  Standards,  published  under  Directive  1999/5/EC,  did  not 
address  fully  the  essential  requirements  of  the  new  RED  (e.g.  receiver  performance 
parameters). A specific solution followed by the Commission was, at the time of inclusion in 
the list of harmonised standards published in the OJEU66 under the RED of the references of 

63 http://ec.europa.eu/growth/sectors/electrical-engineering/red-directive_en 

64 The Single Market Strategy is the Commission’s plan to unlock the full potential of the Single Market: 

http://ec.europa.eu/growth/single-market/strategy_en 

65  EN  301  893:  5  GHz  RLAN;  Harmonised  Standard  covering  the  essential  requirements  of  article  3.2  of 

Directive 2014/53/EU 

66 Published on 8 June 2017, just before the end of the transitional period, which ended on 12 June 2017. 

15 

 
 
 
 
 
                                                           
those harmonised standards, to insert  a note, specifying that these standards do not confer a 
presumption  of  conformity  as  regards  those  missing  parameters.  For  the  relatively  limited 
missing  parameters,  the  manufacturers  would  have  to  follow  a  conformity  assessment 
procedure  that  involves  a  notified  body  (i.e.  any  of  the  procedures  set  out  in  Annex  III  or 
Annex IV of the RED).  

4.5. Status of harmonised standards under the RED 

Due  to  the  efforts  made  and  the  steps  followed,  the  number  of  ETSI  harmonised  standards, 
whose references were published under the RED before the end of the transitional period67, 
was  even  higher  than  the  number  of  standards  whose  references  were  published  under  the 
Directive  1999/5/EC  (RED:  134;  Directive  1999/5/EC:  125)68.  At  the  beginning  of  March 
2018, the references of  5 additional ETSI standards as well as 5 CENELEC standards were 
published in the OJEU under the RED, reaching the total of 144 harmonised standards69. 

5.  Requirements 

5.1. Requirements based on new approach 

The RED sets out essential requirements for safety and health, electromagnetic compatibility 
and  the  efficient  use  of  the  radio  spectrum.  It  also  provides  the  basis  for  further  regulation 
governing  some  additional  aspects,  e.g.  protection  of  privacy  and  personal  data,  protection 
from fraud, interoperability, access to emergency services, compliance of the combination of 
radio equipment and software.  

The safety essential requirements of the RED, as of Directive 1999/5/EC, refer to the safety 
objectives of Directive 2014/35/EU. These objectives, applicable in the EU for more than 35 
years, cover all public interest safety hazards, aiming at ensuring a coherent system and high 
level  of  protection  to  users.  The  market  surveillance  data  received  by  the  time  of  the 
finalisation of this Report did not raise any concerns or problems in relation to the safe level 
of radio equipment placed on the market and did not indicate any accidents caused by radio 
equipment.   

67 i.e. before 12 June 2017. 

68  Every  Harmonised  Standard,  with  its  amending  versions  or  in  multiple  versions  (new  and  superseded 

versions), has been counted as a single Harmonised Standard. 

69 

standards: 

requirements.  
139  ETSI 
5  CENELEC  standards:  4  CENELEC  standards  relate  with  Article  3(1)(a)  essential  requirements  and  1 
CENELEC standard relates with Article 3(1)(b) essential requirements. 

relate  with  Article 

essential 

and 

(3) 

(2) 

3 

16 

 
 
 
 
                                                           
The essential requirements of the RED are supported by voluntary harmonised standards70. 

5.2. Empowerment conferred on the Commission to adopt delegated and 

implementing acts 

5.2.1.  Article 3.3 (additional essential requirements) and Article 4 (combinations 

of radio equipment and software) 

Article  3  (3)  empowers  the  Commission  to  adopt  delegated  acts  in  order  to  specify  which 
categories or classes of radio equipment are concerned by each of the requirements set out in 
points  (a) to  (i) of Article 3 (3). These requirements  relate  with  interoperability, emergency 
services, software, fraud, accessibility, privacy, personal data and misuse. 

By  the  finalisation  of  this  Report,  the  Commission  has  not  adopted  any  delegated  acts 
concerning  Article  3  (3)  though  some  initiatives  have  already  taken  as  described  below. 
Commission  Decisions,  adopted  under  Directive  1999/5/EC,  remain  applicable  under  the 
RED  to  the  extent  that  they  are  not  incompatible  with  the  RED,  until  they  are  repealed. 
Consequently,  there  are  five  Commission  Decisions  which  are  valid  and  applicable  for  the 
purposes of Article 3 (3) (g)71. 

Under Article 4 of the RED, manufacturers of radio equipment and of software allowing radio 
equipment to be used as intended shall provide the Member States and the Commission with 
information  on  the  compliance  of  intended  combinations  of  radio  equipment  and  software 
with the essential requirements set out in Article 3 of the RED. This requirement is applicable 
if related delegated and implementing acts are adopted by the Commission. Until to date no 
delegated or implementing act has been adopted, for the purposes of Article 4. 

A  Commission  expert  group  on  radio  equipment  has  been  registered  on  the  Commission 
register72 with the task to assist the Commission in the preparation of any potential delegated 
acts in relation to the RED and in general to provide expert advice on any issue in relation to 
the RED.  By the finalisation of this Report, a call for applications was published for selecting 
its members and complete its establishment.  

70 See Section 4. 

71 These Commission Decisions are listed in the Annex. 

72 Name: Commission expert group on Radio Equipment (E03587) 

17 

 
 
 
 
                                                           
Articles 3 (3) (i) and 4: Connected products 

With  the  advent  of  emerging  digital  technologies,  such  as  the  Internet  of  Things  (IoT), 
Artificial Intelligence (AI)-powered advanced robotics and autonomous systems, 3D printing 
or cloud computing, our economy and society could be faced with legal challenges exceeding 
those prompted until now by the age of computerisation. 

The  Commission  is  taking  initiatives  in  this  field73.  In  April  2018,  a  Commission 
Communication to the European Parliament, the Council, the European Economic and Social 
Committee and the Committee of Regions was adopted74. This Communication highlights the 
initiatives taken and steps forward in relation to Artificial Intelligence.  

The RED can be relevant in this field as it is applicable to connected products (i.e. equipment 
that communicates) and sets out related requirements so that this equipment supports features  
ensuring that its  compliance is  not  affected due to  the use of new or modified software and 
also when in use protects certain elements such as personal data, privacy etc. 

One  area  under  consideration  is  to  prepare  one  or  more  delegated/implementing  acts  under 
Article 3(3)(i) and Article 4(2) of the RED, both referring to  the use of software,  aiming at 
ensuring that the compliance of certain classes of radio equipment is not affected due to the 
use of new or modified software.  

The Commission established a Commission Expert Group on Reconfigurable Radio Systems 
(E03413)  with  limited  duration75.  Though  a  new  expert  group  on  radio  equipment  will  be 
established  which  will  have  a  broad  mandate,  the  Commission  Expert  Group  on 
Reconfigurable Radio Systems will be maintained as a separate expert group in order to allow 
it to complete its work. 

The Commission is also considering making use of the empowerment set out in Article 3 (3), 
relating  to  fraud,  privacy  and  personal  data.  The  Commission  services  are  examining  and 
discussing  within  TCAM  and  its  Working  Group  recent  problems  raised  regarding  the 
security of certain categories of products which communicate (such as dolls or smart watches) 
and the risks they pose especially to children.  

Following  the  problems  raised  within  the  TCAM  Working  Group  regarding  the  security  of 
certain  categories  of  products  which  communicate  (such  as  dolls  or  smart  watches),  further 
discussions  will  be  held  in  the  group  on  radio  equipment,  which  will  be  established  by  the 
Commission. 

73 https://ec.europa.eu/digital-single-market/en/artificial-intelligence 

74 COM(2018) 237 final. 

75 Publication in Commission RegExp: 09 Dec 2016.  For more information see: 

http://ec.europa.eu/transparency/regexpert 

18 

 
 
                                                           
To  this  end,  the  Commission  services  intend  to  launch  studies,  one  on  smartwatches  and 
connected toys and another one on Reconfigurable Radio Systems, to analyse the extent of the 
criticalities and provide a cost-benefit analysis.  

Article 3 (3) (a): Common charger 

Regarding the common charger, the RED empowers the Commission, under Article 3(3) (a) 
of  the  RED,  to  define  the  categories  or  classes  that  shall  be  so  constructed  so  that  they 
interwork  with  accessories,  in  particular  with  common  chargers.  The  RED,  in  recital  (12), 
refers to renewed effort  to develop a common charger for particular categories or classes of 
radio equipment. 

In 2009, manufacturers of mobile telephones agreed on a voluntary agreement (Memorandum 
of  Understanding)  in  relation  to  mobile  phones  coming  onto  the  market  as  of  201176.  The 
signatories agreed to develop a common specification based on the USB 2.0 Micro B (Micro-
USB)  interface,  which  would  allow  full  charging  compatibility  with  mobile  phones  to  be 
placed on the market. For those phones that did not have a Micro-USB interface an adaptor 
was allowed under the terms of the Memorandum of Understanding.  

The Memorandum of Understanding aimed at guarantying interoperability between chargers 
and  new  mobile  phones  on  the  market,  therefore  reducing  the  need  to  buy  or  continuously 
exchange chargers and cables and a consequent reduction of e-Waste in line with the Circular 
economy  and  Energy  Union  strategies77.  At  the  same  time,  interoperability  was  considered 
key  for  the  development  of  a  competitive  Digital  Single  Market,  at  the  benefit  of  both 
industry and consumers. The Memorandum of Understanding was aiming also at ensuring that 
citizens  could  benefit  from  reliable,  energy-efficient  and  safe  chargers,  whether  they  were 
provided by the smartphones’ manufacturers or they were sold as standalone products. 

Before the Memorandum of Understanding, there were 500 million mobile phones in use in 
the EU countries, but they were only compatible with specific mobile telephone chargers as 
more than 30 different types of charger were on the market. Other than inconvenience to the 
consumer, that situation was estimated to generate more than 51,000 tons of electronic waste 
per year in the EU.  

A  study,  assessing  the  Impact  of  the  Memorandum  of  Understanding  on  Harmonisation  of 
Chargers  for  Mobile  Telephones  and  Possible  Future  Options,  was  commissioned  by  the 
Commission.  It  was  delivered  in  August  201478  and  confirmed  that  the  chosen  method  (a 
voluntary  agreement  facilitated  by  the  Commission,  together  with  the  development  of  a 

76 The Memorandum of Understanding, after two letters of renewal, expired in 2014. 

77   http://ec.europa.eu/environment/circular-economy/index_en.htm  

78 Published on the Commission website: 

http://ec.europa.eu/growth/sectors/electrical-engineering/red-directive/common-charger_en 

19 

 
 
                                                           
technical  standard)  increased  harmonisation  of  mobile  phone  charging  in  the  EU  and 
improved consumer convenience.  

The  study  has,  in  particular,  provided  the  following  information  and  conclusions:  even 
manufacturers of mobile phones which did not sign up to the Memorandum of Understanding  
appear  to  have  also  adopted  Micro-USB  charging  solutions,  leading  to  the  indication  that 
almost 100% of data enabled phones sold in Europe in 2013 were compliant with Micro-USB 
charging solution.; due to the Memorandum of Understanding, it is estimated to have resulted 
in  six to  21 million  fewer standalone  chargers over the period 2011 to  2013;  the increasing 
prevalence of Micro-USB charging has limited the need to purchase standalone chargers and 
consequently reduced the use of raw materials than might otherwise have been the case. 

Since  the  previous  experience  of  the  Memorandum  of  Understanding  had  proven  to  be 
successful for the reasons mentioned above, the Commission wished to continue the approach 
already followed based on a voluntary agreement.  Moreover, a voluntary solution could more 
readily  accommodate  new  technology  and  innovation  compared  to  a  regulatory  option. 
Additionally,  a  voluntary  approach  may  have  had  the  advantage  of  having  a  wider  scope, 
compared  to  the  regulatory  option,  for  example,  it  may  have  covered  both  ends  of  the 
charging cable79.  

However, given the unsatisfactory outcome so far of the progress in the voluntary option, the 
Commission  will  shortly  launch  a  study  to  assess  costs  and  benefits  of  different  options, 
including the regulatory one. 

Article 3 (3) (g): Effective access to emergency services for smartphones 

One topic which is under consideration is a delegated act, in accordance with Article 3(3)(g) 
of the RED, so that advanced computing capability mobile telephones (i.e. ‘’smartphones’’) 
are  subject  to  the  requirement  relating  to  emergency  services.  The  aim  is  to  ensure  that 
’smartphones’,  when  placed  on  the  European  Union  market,  support  effective  access  to 
emergency services e.g. 112. 

5.2.2.  Article 5 (registration) 

Article 5 of the RED establishes a system of registration, in relation to categories or classes of 
radio  equipment  affected  by  a  low  level  of  compliance,  applicable  if  related  delegated  and 
implementing acts are adopted by the Commission.  

There are currently no sufficient data, statistics or evidence showing that specific categories 
or classes of radio equipment are affected by a low level of compliance. As clarified above, 
manufacturers preferred to use, until the end of the transitional period, the repealed Directive 

79 Article 3 (3) (a) of the RED allows only to regulate the side of the mobile phone (interface). 

20 

 
 
 
                                                           
and  as  a  result,  the  conformity  of  the  vast  majority  of  radio  equipment  on  the  market  was 
assessed only based on Directive 1999/5/EC.  

Hence, until to date the Commission has not adopted any delegated or implementing act under 
Article 5. 

5.2.3.  Other provisions 

Beyond Articles 4 and 5 (mentioned above), other specific provisions of the RED empower 
the Commission to adopt implementing acts80. 

Until  to  date  the  Commission  has  adopted  one  implementing  act  which  relates  with  the 
implementation of Article 10 (10) of the RED81.  

Article  10  (10)  of  the  RED  requires  manufacturers  to  add  information  on  the  package  that 
allows the identification of the Member States or the geographical area within a Member State 
where restrictions on putting into service or requirements for use exist in relation to the radio 
equipment  In  addition,  the  same  provision  requires  the  manufacturer  to  complete  the 
information  on  the  actual  restrictions  or  requirements  in  the  instructions  accompanying  the 
radio equipment. The implementing act provides two options on how the information can be 
presented  on  the  packaging82.  In  addition,  the  implementing  act  provides  that  detailed 
information shall be provided in the instructions in a language easily understood by end-users 
as determined by the Member State concerned.  

5.3.  Removal of unnecessary administrative obligations and ambiguities  

According  to  the  Impact  Assessment  relating  to  the  proposal  for  a  Directive  on  the  Radio 
Equipment83,  the  previous  Directive  (i.e.  Directive  1999/5/EC)  contained  a  number  of 
ambiguities and unnecessary administrative obligations for example requirements relating to 
notifications or markings. 

The  RED,  by  removing  the  requirement  on  notification,  as  required  by  Article  6  (4)  of  the 
Directive 1999/5/EC, removed a potential barrier to trade imposed on manufacturers who are 
not  anymore  required  to  notify  the  relevant  spectrum  management  authorities  of  their 

80 Articles 2 (2), 8 (2), 10 (10), 33 (4), 41 (1) and 42 (4). 

81  Commission  Implementing  Regulation  (EU)  2017/1354  of  20  July  2017  specifying  how  to  present  the 
information provided for in Article 10(10) of Directive 2014/53/EU of the European Parliament and of the 
Council (Text with EEA relevance), OJ L 190, 21.7.2017, p. 7–10. 

82  The  manufacturer  may  either  provide,  visibly  and  legibly,  a  brief  written  statement  or  a  pictogram  on  the 

packaging.  

83 52012SC0300 

21 

 
 
 
 
                                                           
intention  to  place  on  the  market  radio  equipment  that  uses  frequencies,  which  are  not 
harmonised  throughout  EU.  The  Commission  has  consequently  terminated  the  operation  of 
the OSN system (One Stop Notification), the online tool available to registered users on the 
GROW  e-Services  Portal  to  notify  the  relevant  spectrum  management  authorities  of  their 
intention  to  place  on  the  market  radio  equipment  that  uses  frequencies  which  are  not 
harmonised throughout EU84, eliminating therefore any operational costs. 

The class identifier 'alert sign' required to be affixed under Directive 1999/5/EC is not required 
by  the  RED.  The  practical  value  of  this  sign  for  consumers  was  very  limited,  there  was 
confusion  as to  when it was required to  be affixed and this requirement therefore created an 
unnecessary  administrative  burden  for  industry.  The  RED  has  clearer  provisions  on  the 
information to be provided when there are restrictions of use85. The Commission adopted an 
implementing  act  specifying  how  to  present  this  information  minimising  the  administrative 
burden such an obligation could trigger (see section 5.2.3). 

In order to avoid unnecessary barriers to trade in radio equipment within the internal market, 
the  RED,  as  well  as  Directive  1999/5/EC  when  it  was  in  force,  requires  Member  States  to 
notify to the Commission and the other Member States their projects in the area of technical 
regulations, such as radio interfaces. The RED, compared to Directive 1999/5/EC, eliminated 
unnecessary  administrative  workload  since  this  requirement  on  notification  is  not  always 
applicable,  for  example,  the  RED  exempts  from  the  obligation  to  notify  those  national 
interface regulations that comply with binding Union acts. The Commission services prepared 
a  template  to  be  used  by  Member  States  and  EFTA  states  when  preparing  and  publishing 
national Interface Regulations that require the notification, facilitating therefore the operation 
and application of that provision. 

The  requirements  of  the  RED  on  CE  marking86  mostly  follow  the  principles  of  the  New 
Legislative Framework. The main difference, compared to the New Legislative Framework, is 
the  obligation  to  affix  the  CE  marking  on  the  packaging  as  well.  There  is  no  however 
indication to date since the applicability of the RED that this requirement creates any undue 
additional burden on manufacturers87. Radio equipment can be subject to several pieces of EU 
legislation, in addition to the RED, providing for CE marking88. Thus, the alignment with the 

84 For a transitional period, until end of 2017, the data remained available. 

85  Article  10  (10)  of  the  Directive  requires  manufacturers  to  add  information  on  the  package  that  allows  the 
identification of the Member  States or the  geographical  area  within a Member State  where restrictions on 
putting  into  service  or  requirements  for  use  exist  in  relation  to  the  radio  equipment.  In  addition,  further 
information on the actual restrictions or requirements shall be completed in the instructions accompanying 
the radio equipment. 

86 The affixing of CE marking indicates the conformity of the product with the Union legislation applying to the 

product. 

87 According to Recital 45 of the RED, a requirement to affix the CE marking on the packaging of equipment has 

been found to simplify the task of market surveillance. 

88  e.g  Directive  2011/65/EU  (Restriction  of  Hazardous  Substances  in  Electrical  and  Electronic  Equipment), 

Directive 2006/42/EC (Machinery), Directive 2009/48/EC (Safety of Toys).  

22 

 
 
                                                           
principles  of 
manufacturers, since they can follow and apply uniform principles.  

the  New  Legislative  Framework  simplifies 

the  burden 

imposed  on 

The introduction of onscreen CE marking and in general of e-labelling is an option that could 
be  assessed  within  the  sphere  of  the  horizontal  framework89  should  a  need  to  revise  any  of  
these uniform principles arise further to an horizontal evaluation of existing legislation. In fact 
the recent Impact Assessment on the Goods Package90 dealt with the costs and benefits of e-
labelling, concluding that the economic advantage of e-labelling is not clear. 

6.  Conclusion 

Overall, the implementation  of the RED (as new Directive) worked well  and without major 
problems  with  the  exception  of  a  delay  from  Member  States  to  notify  their  transposition 
measures and a delay in the publication of harmonised standards. 

The  Commission  provided  the  necessary  support,  by  organising  a  workshop  and  issuing 
guidance documents, ensuring an easy transition to the new Directive (RED)91. 

Regarding the transposition of the RED, though there was a delay from a number of Member 
States  to  notify their national  transposition measures within the timeframe, the Commission 
did  not  receive  any  complaints  in  relation  to  problems  caused  on  the  free  movement  of 
compliant  radio  equipment.  By  the  end  of  the  year  2017,  all  Member  States  notified  their 
national transposition measures92. 

With respect to harmonised standards, the situation has been consistently improving  due to 
the  collective  efforts  of  the  implicated  parties  (Commission  and  Standardisation  bodies)  as 
well as the pragmatic approach followed, when needed, by the Commission.  Consequently, 
the references of the vast majority of standards have been finally cited in the OJEU.93 

It should be noted that, under the RED, radio equipment shall be compliant with the essential 
requirements. The application of harmonised standards, whose references are published in the 
OJEU  under  the  RED,  is  voluntary.  When  harmonised  standards  do  not  exist  or  are  not 
applied, the manufacturer is required to consult a notified body for specific requirements94. 

89  Radio  equipment  is  subject  to  other  EU  acts  as  well  which  provide  for  CE  marking.  Thus  if  onscreen  CE 

marking is introduced, these other EU acts shall be modified as well. 

90 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2017:0466:FIN 

91 See section 2. 

92 See section 3.1. 

93 See section 4. 

94 For the assessment of compliance with the requirements relating to Article 3 (2) and (3) but there is no such 

obligation for the requirements relating to Article 3 (1). 

23 

 
 
 
                                                           
No problems have been encountered with respect to the notification of conformity assessment 
bodies under the RED95 and the Commission  has never received any information  indicating 
that notified bodies were overloaded or unable to perform their tasks.  

The RED, applicable as of 13 June 2016, provided for a one-year transitional period96 (ended 
on  12  June  2017).    Manufacturers  preferred  to  use,  until  the  end  of  the  transitional  period, 
Directive  1999/5/EC.  Hence,  by  the  finalisation  of  this  Report,  the  vast  majority  of  radio 
equipment, which was on the market, was assessed on the basis of Directive 1999/5/EC.  

In the absence of sufficient data, statistics or evidence on the basis of the RED, no definitive 
conclusion  can  be  drawn  as  to  the  question  whether  specific  categories  or  classes  of  radio 
equipment were affected by a low level of compliance. 

The RED conferred to  the Commission  specific empowerments97 while certain  Commission 
Decisions  adopted  under  the  repealed  Directive  (Directive  1999/5/EC)  remain  applicable 
under  the  RED.98    Using  these  empowerments,  the  Commission  already  adopted  one 
implementing  act  for  the  purposes  of  Article  10  (10)  of  the  RED  and  is  in  the  process  of 
preparing a delegated act to ensure that 'smartphones' support effective access to emergency 
services e.g. E112. 

There are also  calls within the Working Group of TCAM for delegated acts under the RED 
for  ensuring  that:  the  security  and  privacy  of  the  user  are  protected;  the  compliance  of  the 
radio  equipment  is  not  affected  due  to  the  use  of  new  or  modified  software;  and  radio 
equipment interworks with common chargers.   

It however first needs to be explored which classes or categories of radio equipment could be 
covered by such delegated acts. In order to gather experts’ advice and discuss in depth these 
issues,  the  Commission  established  a  Commission  Expert  Group  on  Reconfigurable  Radio 
Systems and is in the process of establishing a new expert group on radio equipment with a 
broader  mandate99.  The  adoption  of  a  delegated  act  should  be  preceded  by  an  impact 
assessment in line with the Better Regulation Guidelines. 

Under Article 47 (2) of the RED, a report shall be prepared every five years which means that 
the next report will be prepared and submitted in 2023. 

95 See section 3.3. 

96 Article 48 of the RED. 

97 See section 5.2. 

98 See attached Annex. 

99 See section 5.2.1. 

24 

 
 
 
                                                           
Annex 

Changes Introduced by the RED 

Changes between the scopes 

With regard to Directive 1999/5/EC, the RED has introduced the following changes: 

-  Pure  radio  sound  and  radio  TV  receive-only  equipment,  which  has  been 

excluded from Directive 1999/5/EC, falls within the scope of the RED; 

-  Equipment operating below 9 kHz falls within the scope of the RED; 

-  Radio-determination  equipment  is  clearly  included  within  the  scope  of  the 

RED; 

-  Pure  wired  telecom  terminal  equipment  does  not  fall  within  the  scope  of  the 

RED;  

-  Custom  built  evaluation  kits  destined  for  professionals  to  be  used  solely  at 
research  and  development  facilities  for  such  purposes  is  explicitly  excluded 
from the RED. 

Other changes (non-exhaustive list), not relating with the alignment with the NLF 

-  For the essential requirement set out in Article 3.1.a, the assessment shall also 

take into account the reasonably foreseeable conditions of use; 

-  The essential requirements set out in Article 3.2 refer also to the efficient use 

of radio spectrum; 

-  No publication of the public interfaces from network operators (Article 4.2 of 

Directive 1999/5/EC was removed); 

-  Manufacturer’s  notification  to  Member  States  of  radio  equipment  that  uses 
frequencies  which  are  not  harmonised  throughout  EU  is  no  longer  required 
(Article 6.4 of Directive 1999/5/EC was removed). 

Commission Decisions taken according to Directive 1999/5/EC  

Commission  Decisions  taken  according  the  Article  3.3  of  Directive  1999/5/EC  remain 
applicable under the RED to the extent that they are not incompatible with the RED. These 
are the following:  

  Commission  Decision  2005/631/EC  of  29  August  2005  concerning  essential 
requirements as referred to in Directive 1999/5/EC of the European Parliament and of 

25 

 
 
 
 
the Council ensuring  access  of Cospas-Sarsat  locator beacons  to  emergency  services 
(OJ L 225, 31.8.2005, p. 28); 

  Commission  Decision  2005/53/EC  of  25  January  2005  on  the  application  of  Article 
3(3)(e) of Directive 1999/5/EC  of the European  Parliament  and the Council to  radio 
equipment intended to participate in the Automatic Identification System (AIS) (OJ L 
22, 26.1.2005, p. 14); 

  Commission  Decision  2013/638/EU  of  12  August  2013  on  essential  requirements 
relating  to  marine  radio  communication  equipment  which  is  intended  to  be  used  on 
non-SOLAS  vessels  and  to  participate  in  the  Global  Maritime  Distress  and  Safety 
System (GMDSS) (OJ L 296, 7.11.2013, p. 22); 

  Commission Decision 2001/148/EC of 21 February 2001 on the application of Article 
3(3)(e) of Directive 1999/5/EC to avalanche beacons (OJ L 55, 24.2.2001, p. 65); 
  Commission  Decision  2000/637/EC  of  22  September  2000  on  the  application  of 
Article  3(3)(e)  of  Directive  1999/5/EC  to  radio  equipment  covered  by  the  regional 
arrangement  concerning  the  radiotelephone  service  on  inland  waterways  (OJ  L  269, 
21.10.2000, p. 50). Commission Decision 2005/631/EC. 

In  addition,  Commission  Decision  2000/299/EC  of  6  April  2000  establishing  the  initial 
classification of radio equipment and telecommunications terminal equipment and associated 
identifiers  (OJ  L  97,  19.4.2000,  p.  13),  adopted  under  Article  4.1  of  Directive  1999/5/EC, 
remains valid with the exception of the provisions that refer to the 'Alert sign'. 

The class identifier as “information sign” or “alert sign”, required by the Directive 1999/5/EC 
for  alerting  the  user  to  potential  restrictions  or  requirements  for  authorisation  of  use  of  the 
radio  equipment  in  certain  Member  States,  is  not  required  by  the  RED.  Instead  the 
manufacturer  is  required  to  provide  information  in  accordance  with  Article  10  (10)  of  the 
RED when restrictions on putting into service or of requirements for authorisation of use exist 
in one or more Member States.  

The Commission adopted an implementing act specifying how to present this information. In 
particular,  the  implementing  act  provides  two  options  on  how  the  information  can  be 
presented on the packaging. The manufacturer may either provide, visibly and legibly, a brief 
written statement or a pictogram on the packaging.  

In addition, the implementing act provides that detailed information shall be provided in the 
instructions in a language easily understood by end-users as determined by the Member State 
concerned.  

26