第3条 必須要件

1. Radio equipment shall be constructed so as to ensure:

(a)the protection of health and safety of persons and of domestic animals and the protection of property, including the objectives with respect to safety requirements set out in Directive 2014/35/EU, but with no voltage limit applying;

(b)an adequate level of electromagnetic compatibility as set out in Directive 2014/30/EU.

2. Radio equipment shall be so constructed that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.

3. Radio equipment within certain categories or classes shall be so constructed that it complies with the following essential requirements:

(a)radio equipment interworks with accessories other than the charging devices for the categories or classes of radio equipment, specified in Part I of Annex Ia, which are specifically referred to in paragraph 4 of this Article;

(b)radio equipment interworks via networks with other radio equipment;

(c)radio equipment can be connected to interfaces of the appropriate type throughout the Union;

(d)radio equipment does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service;

(e)radio equipment incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;

(f)radio equipment supports certain features ensuring protection from fraud;

(g)radio equipment supports certain features ensuring access to emergency services;

(h)radio equipment supports certain features in order to facilitate its use by users with a disability;

(i)radio equipment supports certain features in order to ensure that software can only be loaded into the radio equipment where the compliance of the combination of the radio equipment and software has been demonstrated.

The Commission shall be empowered to adopt delegated acts in accordance with Article 44 specifying which categories or classes of radio equipment are concerned by each of the requirements set out in points (a) to (i) of the first subparagraph of this paragraph.

4. Radio equipment falling within the categories or classes specified in Part I of Annex Ia shall be so constructed that it complies with the specifications relating to charging capabilities set out in that Annex for the relevant category or class of radio equipment.

With respect to radio equipment capable of being recharged by means of wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Part I of Annex Ia in the light of scientific and technological progress or market developments in order to ensure a minimum common interoperability between radio equipment and its charging devices, as well as to improve consumer convenience, to reduce environmental waste and to avoid market fragmentation, by:

(a)modifying, adding or removing categories or classes of radio equipment;

(b)modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s) and charging communication protocol(s), for each category or class of radio equipment concerned.

The Commission shall continuously assess market developments, market fragmentation and technological progress with a view to identifying categories or classes of radio equipment capable of being recharged by means of wired charging for which the inclusion in Part I of Annex Ia would lead to significant consumer convenience and reduction of environmental waste.

The Commission shall submit a report on the assessment referred to in the third subparagraph to the European Parliament and to the Council, for the first time by 28 December 2025 and every 5 years thereafter, and shall adopt delegated acts pursuant to the second subparagraph, point (a), accordingly.

With respect to radio equipment capable of being recharged by means other than wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Part I of Annex Ia in the light of scientific and technological progress or market developments in order to ensure a minimum common interoperability between radio equipment and its charging devices, as well as to improve consumer convenience, to reduce environmental waste and to avoid market fragmentation, by:

(a)introducing, modifying, adding or removing categories or classes of radio equipment;

(b)introducing, modifying, adding or removing technical specifications, including references and descriptions, in relation to charging interface(s) and charging communication protocol(s), for each category or class of radio equipment concerned.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) No 1025/2012, and by 28 December 2024, request one or more European standardisation organisations to draft harmonised standards laying down technical specifications for the charging interface(s) and charging communication protocol(s) for radio equipment capable of being recharged by means other than wired charging. In accordance with the procedure laid down in Article 10(2) of Regulation (EU) No 1025/2012, the Commission shall consult the committee set up under Article 45(1) of this Directive. The requirements as to the content of the requested harmonised standards shall be based on an assessment carried out by the Commission of the current state of wireless charging technologies for radio equipment, covering in particular market developments, market penetration, market fragmentation, technological performance, interoperability, energy efficiency and charging performance.

When preparing the delegated acts referred to in this Article with respect to radio equipment capable of being recharged by means of wired charging, as well as with respect to radio equipment capable of being recharged by means other than wired charging, the Commission shall take into account the degree of market acceptance of the technical specifications under consideration, the resulting consumer convenience and the extent of the reduction of environmental waste and market fragmentation that can be expected from such technical specifications. Technical specifications that are based on relevant available European or international standards shall be deemed to meet the objectives set out in the previous sentence. However, where such European or international standards do not exist, or where the Commission determines, based on its technical assessment, that they do not meet those objectives in an optimal manner, the Commission may set out other technical specifications which better meet those objectives.