Directive (EU) 2022/2380 of the European Parliament and of the Council of 23 November 2022 amending 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 (Text with EEA relevance)

‘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.’

Possibility for consumers and other end-users to acquire certain categories or classes of radio equipment without a charging device 1. Where an economic operator offers to consumers and other end-users the possibility to acquire the radio equipment referred to in Article 3(4) together with a charging device, the economic operator shall also offer the consumers and other end-users the possibility of acquiring that radio equipment without any charging device. 2. Economic operators shall ensure that the information on whether or not a charging device is included with the radio equipment referred to in Article 3(4) is displayed in a graphic form using a user-friendly and easily accessible pictogram as set out in Part III of Annex Ia when such radio equipment is made available to consumers and other end-users. The pictogram shall be printed on the packaging or affixed to the packaging as a sticker. When the radio equipment is made available to consumers and other end-users, the pictogram shall be displayed in a visible and legible manner and, in the case of distance selling, close to the price indication. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Part III of Annex Ia as a consequence of amendments to Parts I and II of that Annex, or as a consequence of future amendments to labelling requirements, or in the light of technological progress, by introducing, modifying, adding or removing any graphic or textual elements.’

1 Member States shall adopt and publish, by 28 December 2023, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission. They shall apply those measures from 28 December 2024 for the categories or classes of radio equipment referred to in Part I, points 1.1 to 1.12 of Annex Ia, and from 28 April 2026 for the categories or classes of radio equipment referred to in Part I, point 1.13 of Annex Ia. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2 Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.