The essential requirement of Article 3, 3. (d) of the RED "Radio equipment shall not have any harmful effects on the network or its functioning, nor cause any misuse of network resources which would result in unacceptable degradation of service." applies, according to the Delegated Regulation, to all equipment "capable of communicating itself over the Internet, whether communicating directly or through other equipment ('Internet-connected radio equipment')" (Article 1.1, DR (EU) 2022/30).
The basic requirement under Article 3, 3. (e) of the RED, "Radio communication devices shall have security devices to ensure that personal data and the privacy of the user and the subscriber are protected." applies to all equipment that can process personal data, traffic data and location data (Article 1.2, DR (EU) 2022/30), but only if the radio equipment is radio equipment connected to the Internet, equipment used for childcare (e.g., baby monitors), a toy under Directive 2009/48/EU (Toys Directive), or radio equipment worn on the body or clothing ("wearables").
The basic requirement under Article 3, 3. (f) of the RED "Radio equipment supports certain functions to protect against fraud." apply to any device that is an Internet-connected radio device and that "enables the owner to or user to transfer money, monetary value or virtual currencies [...]" (Article 1.3, DR (EU) 2022/30).
There is no detailed catalog with all affected devices. However, the experts of the VDE Institute will be happy to support you in analyzing whether your product falls under the requirements of the Radio Equipment Directive according to the new Delegated Regulation.
The essential requirements of Article 3.3 (d), (e) and (f) of the Radio Equipment Directive are made mandatory by the Delegated Regulation as understood by the New Legislative Framework. Corresponding harmonized standards have not yet been published for the extended product catalog. However, a mandate to the standardization organizations is to be issued shortly. The experts at the VDE Institute are prepared. In coordination with the RED notified body in the VDE, test requirements have been drawn up that already cover the requirements from the Delegated Regulation. An important basis is the standard ETSI EN 303 645 with the corresponding test requirement ETSI TS 103 701, which is already successfully applied in the VDE for many devices.
If you as a manufacturer want to declare conformity with Articles 3, 3. (d), (e) and (f) for your radio equipment, you must involve a Notified Body in a binding manner until the publication of references of suitable harmonized standards in the Official Journal of the EU (2014/53/EU Article 17, (4)). The VDE Institute is at your disposal with the possibility to obtain an EU-Type Examination Certificate.
The new regulation has been in force since February 1, 2022 and is binding from August 1, 2024. For affected manufacturers, the right time to deal with the new requirements is now. Because from August 1, 2024, only products that meet the essential requirements according to Article 3, 3. (d), (e) and (f) may be placed on the European market. The VDE Institute will be happy to support you in achieving conformity with the new requirements for your radio equipment.
