The new RE Directive (RED) 2014/53/EU has been published on the Official Journal of the European Union (L 153/62) on 22 May 2014, which will repeal the old R&TTE Directive 1995/5/EC, in alignment to the NLF (New Legislative framework).
Execution time
2014/53/EU will take effect on 13 June 2016. Member States shall adopt and transit 2014/53/EU into national laws by 12 June 2016.
Radio equipment covered by the RED which is in conformity with the relevant Union harmonization legislation applicable before 13 June 2016 and which was placed on the market before 13 June 2017 shall not be impeded on the market or putting into service.
Scope
The RED shall apply to all radio equipment operate below 3000 GHz which include Short Range Device (SRD), Broadband Device and Mobile Communication Equipment, etc. Such as 27.145 MHz radio control toys, 433.92 MHz wireless controller, 2.4 GHz Bluetooth oven, 2.4 GHz/5 GHz WIFI air conditioner and mobile phone.
Requirements
The updated RED aims to ensure easier market access and a higher level of protection of health and safety of persons and of domestic animals and the protection of property. Radio equipment shall have adequate level of electromagnetic compatibility and shall be so constructed that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.
The new RED shall apply to radio equipment which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radio determination.
Telecommunications Terminal Equipment (TTE) is not covered under the RED.
Custom built evaluation kits destined for professionals to be used solely at research and development facilities are not covered by the RED.
Receive only radio equipment intended to be used solely for the reception of sound and TV broadcasting services (e.g., FM Radio, TV) are covered by the RED.
Common chargers are required for the radio equipment.
The definition of radio equipment is changed.
Add the definition of radiodetermination and authorised representative etc.
Radio equipment operates below 9 kHz is not required to be certified under the R&TTE Directive. But it is required to meet the essential requirements under the RED.
Information on the compliance of intended combinations of radio equipment and software with the essential requirements shall be provided.
As from 12 June 2018, manufacturers shall register radio equipment types within categories of radio equipment affected by a low level of compliance with the essential requirements within a central system prior to radio equipment within those categories being placed on the market.
Equipment class identifier (Alert Symbol ) of Class 2 device is not required. In cases of restrictions on putting into service or of requirements for authorisation of use, information available on the packaging shall allow the identification of the Member States or the geographical area within a Member State where restrictions on putting into service or requirements for authorisation of use exist.
Notification of radio equipment using non-harmonised requency is not included in the RED.
Obligations of economic operations are added. (e.g. in terms of conformity marking, labeling and traceability of products).
Radio Equipment assessed must be able to operate in at least one EU Country.
Frequency band(s) and maximum radio-frequency power transmitted in the frequency band(s) in which the radio equipment operates shall be included in the user manual.
Manufacturers and importer shall indicate on the radio equipment their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where the size or nature of radio equipment does not allow it, on its packaging, or in a document accompanying the radio equipment.
EU-Type Examination Certificate instead of Notified Body Opinion.
The manufacturer shall affix the CE marking with Notified body identification number after conformity assessment based on full quality assurance set out in CONFORMITY ASSESSMENT MODULE H.
A written declaration that the same application has not been lodged with any other notified body (Declaration of Sole Application).
On account of the nature of radio equipment, the height of the CE marking affixed to radio equipment may be lower than 5 mm, provided that it remains visible and legible.
No more CE marking in the user manual.
Member State will take all appropriate measures to restrict or prohibit formal non-compliance radio equipment being made available on the market or ensure that it is withdrawn or recalled from the market. The formal non-compliances involve:
(a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 20 of this Directive;
(b) the CE marking has not been affixed;
(c) the identification number of the notified body, where the conformity assessment procedure set out in Annex IV is applied, has been affixed in violation of Article 20 or has not been affixed;
(d) the EU declaration of conformity has not been drawn up;
(e) the EU declaration of conformity has not been drawn up correctly;
(f) technical documentation is either not available or not complete;
(g) the information referred to in Article 10(6) or (7) or Article 12(3) is absent, false or incomplete;
(h) information on the intended use of radio equipment, the EU declaration of conformity or usage restrictions as set out in Article 10(8), (9) and (10) does not accompany the radio equipment;
(i) requirements on identification of economic operators set out in Article 15 are not fulfilled;
(j) Article 5 is not complied with.
Simplified EU declaration of conformity is allowed. The full text of the EU declaration of conformity shall be available at the internet with the address provided
Especially:
Conformity assessment should remain solely the obligation of the manufacturer.
When the manufacturer has not applied or has applied only in part harmonized standards the references of which have been published in the Official Journal of the European Union, or where such harmonized standards do not exist, radio equipment shall be submitted with regard to those essential requirements to either of the following procedures:
(a) EU-type examination
(b) Conformity based on full quality assurance