Radio Equipment Directive: New requirements placed on radio equipment from 2016
As the market for radio equipment has been experiencing rapid growth for years, it is probably not a risk prediction to say that its significance will continue to increase. (Reliable) wireless communication is indispensable in both the commercial and the private sector. This particularly applies as well for mobile internet access via smartphones or laptops. The definition of radio equipment includes, for example, mobile telephones, remote-controlled gate and door openers and radio transmitters. It is therefore not surprising that even the European legislator is now devoting increased regulatory attention to this lucrative sector.
On 22 May 2014, 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” (the Radio Equipment Directive – “RED
”) was published in the Official Journal of the European Union. This is a revised version of Directive 1999/5/EC which is currently in force. The new RED contains numerous new requirements, which will be applied by the Members States from 2016. These include, for example, the following:
- The scope of the RED also covers radio receivers and radiodetermination systems, whereas telecommunications terminal equipment and custom-built evaluation kits destined for professionals are expressly no longer covered.
- The catalogue has been expanded in view of the basic requirements placed on radio equipment in certain categories and classes which also have to be met. Such radio equipment must, amongst other things, be compatible with accessories, in particular with common chargers (above all for mobile telephones) and the software to be loaded. The latter has to be ensured by particular features of the radio equipment.
- The obligations of individual market players are being regulated in detail for the first time. It should be noted that the scope of the relevant obligations has also been expanded. For example, manufacturers will have to register certain categories of radio equipment.
Radio equipment manufacturers, importers and dealers are therefore urgently advised to familiarise themselves as early as possible with the provisions of Directive 2014/53/EU and brace themselves for the future legal situation.