Article 44 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in the second subparagraph of Articles 3(3), 4(2) and 5(2) shall be conferred on the Commission for a period of five years from 11 June 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in the second subparagraph of Articles 3(3), 4(2) and 5(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to the second subparagraph of Articles 3(3), 4(2) and 5(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment rationale: 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, following 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 EU 1 . The signatories agreed to develop a common specification based 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 reduction 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, thus 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 the 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 smartphones. 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 communication 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 advantages 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, cameras, 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). It concluded that only harmonising the charging 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 the 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. Regarding 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 significantly 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 wireless charging technologies in order to strengthen the evidence base for the proposal. In January 2020, the European Parliament adopted a resolution 2 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 chargers 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 programme 3 , specifically states that there will be a new proposal on common chargers for mobile phones and similar 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 radio 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/EU 4 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 characteristics 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 market when it comes to charging interfaces and charging communication protocols, enhancing consumer convenience and reducing e-waste. In particular, it will: - 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 charging; - 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 similar 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 of 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 unbundled 6 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 option 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. 
Revised version (Article 44 Exercise of the delegation):
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in the second subparagraph of Articles 3(3), 4(2) and 5(2) shall be conferred on the Commission for a period of five years from 11 June 2014. The power to adopt delegated acts referred to in Article 3(4), Article 3a(2), second subparagraph, and Article 10(8), fifth subparagraph, shall be conferred on the Commission for a period of 5 years from 27 December 2022 . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(3), second subparagraph, Article 3(4), Article 3a(2), second subparagraph, Article 4(2), Article 5(2) and Article 10(8), fifth subparagraph, may be revoked at any time by the European Parliament or by the Council. decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ( 2 ). 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 3(3), second subparagraph, Article 3(4), Article 3a(2), second subparagraph, Article 4(2), Article 5(2) or Article 10(8), fifth subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Article 45 Committee procedure
1. The Commission shall be assisted by the Telecommunication Conformity Assessment and Market Surveillance Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. 5. The committee shall be consulted by the Commission on any matter for which consultation of sectoral experts is required by Regulation (EU) No 1025/2012 or by any other Union legislation. The committee may furthermore examine any other matter concerning the application of this Directive raised either by its chair or by a representative of a Member State in accordance with its rules of procedure.
Article 46 Penalties
Member States shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules may include criminal penalties for serious infringements. The penalties provided for shall be effective, proportionate and dissuasive.
Article 47 Review and reporting
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. 2. The Commission shall review the operation of this Directive and report thereon to the European Parliament and to the Council, by 12 June 2018 and every five years thereafter. The report shall cover progress on drawing up the relevant standards, as well as any problems that have arisen in the course of implementation. The report shall also outline the activities of the Telecommunication Conformity Assessment and Market Surveillance Committee, assess progress in achieving an open competitive market for radio equipment at Union level and examine how the regulatory framework for the making available on the market and putting into service of radio equipment should be developed in order to achieve the following: (a) ensure that a coherent system is achieved at Union level for all radio equipment; (b) allow for convergence of the telecommunications, audiovisual and information technology sectors; (c) enable regulatory measures to be harmonised at international level; (d) reach a high level of consumer protection; (e) ensure that portable radio equipment interworks with accessories, in particular with common chargers; (f) where radio equipment is fitted with an integral screen, allow the display of the required information on the integral screen.
Amendment rationale: 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, following 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 EU 1 . The signatories agreed to develop a common specification based 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 reduction 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, thus 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 the 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 smartphones. 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 communication 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 advantages 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, cameras, 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). It concluded that only harmonising the charging 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 the 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. Regarding 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 significantly 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 wireless charging technologies in order to strengthen the evidence base for the proposal. In January 2020, the European Parliament adopted a resolution 2 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 chargers 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 programme 3 , specifically states that there will be a new proposal on common chargers for mobile phones and similar 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 radio 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/EU 4 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 characteristics 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 market when it comes to charging interfaces and charging communication protocols, enhancing consumer convenience and reducing e-waste. In particular, it will: - 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 charging; - 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 similar 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 of 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 unbundled 6 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 option 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. 
Revised version (Article 47 Review and reporting):
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. 3. By 28 December 2026, the Commission shall submit to the European Parliament and the Council a report on the impact of the possibility to acquire radio equipment without any charging device and without cables, particularly with regard to consumer convenience, the reduction of environmental waste, behavioural changes and the development of market practices. That report shall be accompanied, if appropriate, by a legislative proposal to amend this Directive to introduce mandatory unbundling of the sale of charging devices and cables from the sale of radio equipment.
Article 48 Transitional provisions
Member States shall not impede, for the aspects covered by this Directive, the making available on the market or putting into service of radio equipment covered by this Directive which is in conformity with the relevant Union harmonisation legislation applicable before 13 June 2016 and which was placed on the market before 13 June 2017.
Article 49 Transposition
1. Member States shall adopt and publish, by 12 June 2016, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate the text of those measures to the Commission. They shall apply those measures from 13 June 2016. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 50 Repeal
Directive 1999/5/EC is repealed with effect from 13 June 2016. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VIII.
Article 51 Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Article 52 Addressees
This Directive is addressed to the Member States.