Annexes to COM(2024)158 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)158 - . |
|---|---|
| document | COM(2024)158 |
| date | April 10, 2024 |
The Commission’s provisional conclusion services is that the RED is not the right tool to address this issue because the RED cannot impose any obligations on network operators.
7. eLabelling
The industry has proposed implementing requested marks and information in digital format. The aim is to improve the industry’s competitiveness by ending the need to provide printed information. It would also be consistent with the EU’s green approach.
Several Member States are concerned that this might make it more difficult to perform MSAs because it would be more complicated to access information in a digital format. They also consider that this measure might be burdensome for some economic operators such as distributors.
8. Products subject to refurbishment, remanufacturing and repair
Refurbishment, remanufacturing and repair is a fast-growing market, especially in the field of smartphones. It contributes to the circular economy through product life extension.
Regarding the RED, operators that make changes to products legally qualify (according to the Blue Guide) as manufacturers if they substantially alter the equipment in such a way that its compliance with the essential requirements might be affected. A way needs to be developed to reconcile the requirements for the circular economy with the requirements for the protection of consumers and public assets established in the RED.
7. Update on RECDA’s activities
The Radio Equipment Directive Compliance Association (REDCA) is the association of notified bodies performing conformity assessments under the RED.
In 2018, the REDCA discussed 5G technology, the SAR and risk assessments. The ‘RED NB refused certificate’ database was implemented on CIRCABC system. In addition, a guidance note (TGN) 24 on risk assessment was discussed and a new version published.
In 2019, the REDCA discussed on the identification of fake test reports. A discussion on active antenna resulted in the revision of the relevant TGN. The REDCA had a preliminary discussion on cybersecurity.
In 2020, the REDCA rules for the voting process on TGNs were revised, so that only RED notified bodies can now vote. There were further updates on cybersecurity as a general topic and further discussions on 5G active antenna.
In 2021, there were further discussions on radio equipment in vehicles. In addition, the REDCA ran a series of E112/Galileo webinars.
In 2022, based on comments from the Transparency Register, the REDCA rules were updated.. Discussions on tolerances and measurement uncertainties in standards took place.
In the first half of 2023, REDCA ran a workshop with CEN/CENELEC on the standardisation request for Delegated Regulation on cybersecurity.
8. Report topics required by Article 47(2) of the RED
Article 47(2) of the RED requires reporting by the Commission to the European Parliament and Council on 6 specific objectives. The Commission gathered input by surveying the members of the Commission expert group on radio equipment.
1. Objective 1. Coherent system at EU level for all radio equipment
Survey respondents raised the following issues:
- Ensuring consistency with many other relevant pieces of legislation is a challenge.
- The lack of a fully harmonised spectrum access regulation in the EU creates market fragmentation.
- Remaining differences between Member States should be removed.
- The essential requirements established by Article 3(3) of the RED are not related to interferences and electromagnetic immunity, and should therefore be regulated elsewhere.
- The RED should be transformed into a regulation.
2. Objective 2. Convergence of telecom, audio-visual and IT sectors
Respondents to the survey considered the increasing number of wirelessly connected products and the growing body of related legislation as an obstacle to applying the RED. One suggestion was to merge the RED, the Electromagnetic Compatibility Directive and the Low Voltage Directive. It was proposed to establish requirements and harmonised standards for combinations of radio and non-radio electrical products. There was also a call for more active guidance on cybersecurity.
3. Objective 3. Regulatory measures to be harmonised at international level
Survey respondents raised the following issues:
- Consistency between pieces of legislation is of paramount importance.
- It is necessary to consider how the circular economy will be implemented in the RED sector (for example, refurbished products).
- Standards are considered important in the international perspective. Their citation should be must faster. After the Commission tightened its rules for the citation of standards to increase legal certainty, some international standards were no longer harmonised standards.
- Electronic CE marking and digital documentation should be studied.
- Market surveillance actions and enforcement should be more harmonised.
- Harmonisation of the requirements for radio equipment between the EU and North America is considered to have great potential.
- International cooperation on market surveillance and on accreditation is important.
4. Objective 4. High level of consumer protection
Survey respondents raised several issues.
- Self-assessment based on harmonised standards creates a dynamic and self-adapting framework. However, compliance is too dependent on the integrity of the manufacturers and has led to low levels of compliance. A register in which exclusively notified bodies could register products would help improve compliance.
- The safeguard procedure is not easily applicable (in particular, when a decision is challenged in court).
- SAR values should be printed on the package so that the consumers are informed.
5. Objective 5. Portable radio equipment interworks with accessories, in particular with common chargers
The survey respondents welcomed the adoption of the Common Charger Directive and noted that:
- The Common Charger Directive will need to be updated in the future to accommodate technical and legal developments and to regulate further aspects.
- The reduction of electrical waste and the renewal of the Ecodesign Directive need to be considered when developing further rules on common chargers.
- Product manuals should contain information on the interworking with accessories.
6. Objective 6. Display of required information on integral screen
Most respondents saw the benefits (especially in terms of reducing (paper) waste) but were aware of the challenges that this would pose for market surveillance authorities, customs control and final users. Respondents pointed out complications (e.g. the products have to have a battery that is at least partially charged; the need to open the package and to remove the screen protection film; and the need for information to be unchangeable). They therefore called for this to be regulated as well.
Some respondents pointed to potential solutions, such as providing a QR code or having the CE marking on the package.
9. Conclusion
The Radio Equipment Directive has been applicable for more than 8 years. During this period, it ensured a level playing field for the radio equipment sector and protected the health of the users as well as the radio spectrum in order to prevent harmful interferences from occurring.
The RED has been designed in a neutral way that allows adaptation to new risks and technological evolution by using two mechanisms. First, the harmonised standards are continuously updated to cater for state-of-the-art and new telecommunication technologies. Second, the adoption of delegated acts under the RED responds to needs as regards access to the emergency services and cybersecurity protection.
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.
2 The references in this report to ‘single market’, ‘EU’ or ‘Member States’, should, wherever necessary, be read in conjunction with section 2.9 of the Blue Guide on the implementation of EU product rules 2022,) and section 1.2.2.1 of the Guide to the RED,).
3 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 .
4 Commission Delegated Regulation (EU) 2019/320 of 12 December 2018 supplementing of Directive 2014/53/EU of the European Parliament and of the Council with regard to the application of the essential requirements referred to in Article 3(3)(g) of that Directive in order to ensure caller location in emergency communications from mobile devices.
5 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products.
6 Commission Delegated Regulation (EU) 2022/30 of 29 October 2021 supplementing Directive 2014/53/EU of the European Parliament and of the Council with regard to the application of the essential requirements referred to in Article 3(3), points (d), (e) and (f), of that Directive.
7 The deadline established in Commission Delegated Regulation 2022/30 has been postponed from 1 August 2024 to 1 August 2025, following a formal request from CEN and CENELEC. The amending Delegated Regulation (2023/2444) has been adopted and published in the OJEU.
8 Commission Implementing Decision on a standardisation request to CEN and CENELEC as regards radio equipment in support of Directive 2014/53/EU of the European Parliament and of the Council and Commission Delegated Regulation (EU) 2022/30.
9 The initial deadline was established on 30 September 2023 and has been postponed to 30 June 2024, following the formal request of CEN and CENELEC.
10 Directive (EU) 2022/2380 of the European Parliament and of the Council of 23 November 2022 amending Directive 2014/53/EU on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment.
11 It remains valid under the RED, with the exception of the provisions of Commission Decision 2000/299/EC that refer to the ‘alert sign’.
12 Commission Implementing Decision on a standardisation request to ETSI as regards handheld mobile phones in support of Directive 2014/53/EU of the European Parliament and of the Council in conjunction with Commission Delegated Regulation (EU) 2019/320.
13 Commission Implementing Decision on a standardisation request to CEN and CENELEC as regards radio equipment in support of Directive 2014/53/EU of the European Parliament and of the Council and Commission Delegated Regulation (EU) 2022/30.
14 Requirements on safety and electromagnetic compatibility.
15 See Regulation (EC) No 765/2008.
16 Commission Implementing Regulation (EU) 2022/1267 of 20 July 2022 specifying the procedures for the designation of Union testing facilities for the purposes of market surveillance and verification of product compliance in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council.
17 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products.
18 Article 3(2) and Article 3(3)(g) of the RED.
19 Recommendation ITU-R M.2135-0.
20 EN 50 566:2017. Product standard to demonstrate the compliance of wireless communication devices with the basic restrictions and exposure limit values related to human exposure to electromagnetic fields in the frequency range from 30 MHz to 6 GHz: handheld and body-mounted devices in close proximity to the human body.
21 Dynamic frequency selection is a technical element that automatically shifts the transmission to another frequency if it is detected that the channel is occupied.
22 Commission Implementing Decision (EU) 2022/2307.
23 Voice over LTE (Long-Term Evolution). This is the technology used by the fourth generation of cellular networks (4G) to implement the voice service.
24 The aim of the TGNs is to address the lack of clarity regarding the RED and/or the RED Guide as perceived within the REDCA.
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