Revision of the EU Radio Equipment Directive: new rules for the commercialisation of radio equipment

Radio Equipment Directive 2022/2380 (RED), which amends the Radio Equipment Directive 2014/53/EU, sets out new rules for putting radio equipment on the European Union internal market.

The new rules aim to introduce a harmonized charging solution for a wide range of radio equipment so that the use of USB-C chargers will be mandated, as well as unbundling of chargers from the main product. The requirements, which will be mandatory for almost all devices, except laptops, being placed on the EU market from 28 December 2024, are accompanied by a number of information requirements, the key ones of which we have set out below. Whilst the UK is not required to transpose RED into UK law, the Government has recently published a call for evidence on similar proposals with a view to benefitting consumers and reducing electronic waste.

Scope of application

The newly amended RED applies to all equipment that emits or receives radio waves for radiodetermination (determining the position, speed or other characteristics of an object using radio waves) or communication purposes. This includes among other mobile phones, tablets, headphones, headsets, e-readers, fitness devices, speakers and portable video game consoles (radio equipment).

Common charging interface for portable devices

The RED defines a harmonised charging interface for certain categories and classes of radio equipment capable of being recharged via wired charging. In detail, it lays out that all radio equipment must: 

In so far as they are capable of being recharged by means of wired charging, 
o be equipped with the USB Type-C receptacle, as described in the standard EN IEC 62680-1-3:2021 “Universal serial bus interfaces for data and power – Part 1-3: Common components – USB Type-C® Cable and Connector Specification”, and that receptacle shall remain accessible and operational at all times;
o be capable of being charged with cables which comply with the standard EN IEC 62680-1-3:2021 “Universal serial bus interfaces for data and power – Part 1-3: Common components – USB Type-C® Cable and Connector Specification”. 

In so far as they are capable of being recharged by means of wired charging at voltages higher than 5 Volts, currents higher than 3 Amperes or powers higher than 15 Watts, 
o incorporate the USB Power Delivery, as described in the standard EN IEC 62680-1-2:2021 “Universal serial bus interfaces for data and power – Part 1-2: Common components – USB Power Delivery specification”; 
o ensure that any additional charging protocol allows for the full functionality of the USB Power Delivery referred to above, irrespective of the charging device used.

Consumers must be provided the option to buy radio equipment without having to buy a charger

Consumers of new electronic devices must have the option of deciding whether they want to purchase the new radio equipment with or without a charger. Consumers need to be given clear information about the charging properties of the new appliances so that they can determine whether or not their existing chargers are compatible. 

• Pictogram indicating whether a charging adapter is included with the equipment
  
  RED therefore stipulates the use of a special pictogram to help consumers identify whether or not a charging device is included with the equipment before the purchase. The pictogram will have to be displayed in all forms of supply, including by means of distance selling. It shall be displayed in a visible and legible manner on the packaging and, in the case of distance selling, close to the price indication.
  
  If a charger is included, the pictogram must look like this:
  
  If there is no charger included, the pictogram must look like this:
  

• Label with specifications for charging functions and compatible charging power supplies
  
  In addition to the pictogram, a dedicated label indicating the specifications relating to charging capabilities and compatible charging devices that enables consumers and other end-users to determine the most appropriate charging device needed to charge their radio equipment must be attached to packaging and included in the operating instructions. If there is no packaging, the label must be attached to the product itself.
  
  The label must look like this: 
  

The letters “XX” shall be replaced by the figure corresponding to the minimum power required by the radio equipment to charge, which determines the minimum power that a charging device needs to supply to charge the radio equipment. The letters “YY” shall be replaced by the figure corresponding to the maximum power required by the radio equipment to achieve maximum charging speed, which determines the power that a charging device needs to supply at least to achieve that maximum charging speed. The abbreviation “USB PD” (USB Power Delivery) shall be displayed if the radio equipment supports that charging communication protocol. “USB PD” is a protocol that negotiates the fastest delivery of current from the charging device to the radio equipment without shortening the battery lifetime.

Information on specifications relating to charging capabilities and the compatible charging devices

Manufacturers shall further ensure that the radio equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users. Instructions shall include the information required to use radio equipment in accordance with its intended use. Such information shall include, where applicable, a description of accessories and components, including software, which allow the radio equipment to operate as intended. Additionally, in the case of radio equipment intentionally emitting radio waves information on (i) frequency band(s) in which the radio equipment operates and (ii) maximum radio-frequency power transmitted in the frequency band(s) in which the radio equipment operates must also be included.

Besides, a description of the requirements for the power supply of the wired charging power supplies that can be used with this radio equipment, including the minimum power required to charge the radio equipment and the maximum power required to charge the radio equipment at the maximum charging speed, expressed in watts, must be added with the following wording: “the power delivered by the charger must be between min [xx] Watts required by the radio equipment, and max [yy] Watts in order to achieve the maximum charging speed”.

Finally, if the radio equipment is capable of being recharged by means of wired charging at voltages higher than 5 Volts, currents higher than 3 Amperes or powers higher than 15 Watts, a description of the specifications relation to charging capabilities of the radio equipment shall be indicated in so far as it is capable of being recharged by means of wired charging at voltages higher than 5 Volts or currents higher than 3 Amperes or powers higher than 15 Watts, including an indication that the radio equipment supports the USB Power Delivery charging protocol by displaying the text “USB PD fast charging” and an indication of any other supported charging protocol by displaying its name in text format.

Outlook

The new requirements will apply from 28 December 2024. Hence, in about two months' time, all new handheld mobile phones, tablets, handheld video game consoles, headphones, headsets, e-readers, keyboards etc will have to be equipped with the harmonised charging interface and the corresponding pictograms, labels and other information. In the case of laptops, the requirements will apply from 28 April 2026.

The position in Great Britain

Following Brexit, the UK is no longer required to transpose RED into UK law and it can develop its own legislative framework for regulating radio equipment being placed on the Great Britain market (Northern Ireland generally aligns with the EU due to the Windsor Framework).
Nevertheless, the UK Government considers that it might help businesses and deliver consumer and environmental benefits if it were to also introduce standardised requirements for chargers across the UK. The Government recognises that the USB-C charging port is likely to become industry default voluntarily because manufacturers will take this approach to avoid supply chain complexity, but before enshrining this in legislation, the Government has recently published a call for evidence to seek input from stakeholders on the issues and practicalities this might involve. The Government is also seeking views on introducing requirements for harmonised fast-charging technology; for purchasing devices without a new charger; and on providing relevant visual and written information about charging characteristics.

The call for evidence will close on 4 December 2024.

Current UK legislation is set out in The Radio Equipment Regulations 2017 which implemented the EU Radio Equipment Directive 2014/53/EU into UK law (and which have been amended to reflect that the UK is no longer part of the EU). The 2017 Regulations may be updated in future to align with European changes, facilitated by powers under the Product Regulation and Metrology Bill which was introduced in Parliament recently and is currently going through the legislative process. Ourinternational product liability and product safety team can support you in making sure you are fully compliant with all requirements resulting from the revision of the Radio Equipment Directive We are also continuing to monitor developments in the UK closely and you should watch this space for further updates.