RED Article 3 Essential requirements

Article 3(1)(a) requires protection of health and safety of persons, domestic animals, and property, including the safety objectives of the Low Voltage Directive but without applying a voltage limit. Article 3(1)(b) requires an adequate level of electromagnetic compatibility by reference to the EMC Directive.

Article 3(2) requires radio equipment to be constructed so that it both effectively uses and supports efficient use of radio spectrum to avoid harmful interference. Evidence should cover transmitter behaviour and receiver performance where the product has a receiver; passive receiver functions are not exempt merely because they do not transmit.

Article 3(3) is conditional. It lists additional requirements for interworking, network protection, personal-data and privacy safeguards, fraud protection, emergency access, accessibility, and compliant software loading, but each point depends on the categories or classes specified by Commission acts.

For Article 3(1)(a), assess all intended operating conditions and reasonably foreseeable conditions of use. Do not limit the analysis to electrical voltage bands: RED imports the Low Voltage Directive safety objectives without its voltage limits. Depending on the product, evidence may need to address electrical, thermal, mechanical, chemical, fire, battery, acoustic, and radio-frequency exposure risks.

For Article 3(1)(b), document the EMC route, standards or other specifications used, immunity and emissions evidence, operating modes, ports, cables, accessories, and installation conditions for the radio equipment configuration being declared. EMC evidence does not replace Article 3(2) spectrum evidence.

For Article 3(2), document the radio technology, operating bands, transmitter emissions, receiver performance, intended installation and antenna conditions, and spectrum standards used. If a cited harmonised standard is not applied, is only partly applied, does not cover the configuration, or does not exist, Article 17 removes internal production control for the affected Article 3(2) requirement; use Annex III EU-type examination plus conformity to type or Annex IV full quality assurance.

Review Article 3(3) as a conditional trigger table. Its points cover interworking with accessories other than the charging devices covered by Article 3(4), interworking through networks, connection to appropriate interfaces throughout the Union, protection of networks and service, personal data and privacy, fraud protection, emergency-service access, accessibility, and software loading only where compliance of the equipment-software combination has been demonstrated. A Commission delegated act must specify the categories or classes concerned by each point; the list alone does not activate every point for every product.

For cybersecurity, Delegated Regulation (EU) 2022/30 activates Article 3(3)(d), (e), and (f) for specified categories. Article 3(3)(d) applies to internet-connected radio equipment. Article 3(3)(e) applies to listed equipment capable of processing personal data, traffic data, or location data, including internet-connected radio equipment, childcare radio equipment, toy radio equipment, and wearable radio equipment. Article 3(3)(f) applies to internet-connected radio equipment that enables transfer of money, monetary value, or virtual currency.

Delegated Regulation (EU) 2023/2444 amended the application date for the 2022/30 cyber requirements to 1 August 2025. Commission Implementing Decision (EU) 2025/138 cites EN 18031-1:2024 for point (d), EN 18031-2:2024 for point (e), and EN 18031-3:2024 for point (f), but each citation carries notices that restrict presumption of conformity. Do not use the earlier 1 August 2024 date or treat an EN 18031 report as complete coverage without checking those notices. Delegated Regulation (EU) 2026/339 repeals Delegated Regulation (EU) 2022/30 from 11 December 2027 while preserving RED surveillance for covered equipment placed on the market from 1 August 2025 through 10 December 2027.

The technical documentation should let a reviewer trace every Article 3 conclusion from product facts to standards, tests, risk assessments, conformity-assessment outputs, and the EU declaration of conformity. Prepare it before market placement and update it when design, manufacturing, standards, software, or product characteristics change.

For Article 3(1), retain safety, health, exposure, property-protection, and EMC evidence. For Article 3(2), retain spectrum-use evidence, including transmitter and receiver performance as relevant. For Article 3(3), retain the trigger analysis and the feature-specific evidence for only the points that apply.

When relying on harmonised standards, confirm that the cited parts are published for RED in the Official Journal and cover the exact essential requirement. A standard, test report, or supplier statement that does not map to the applicable Article 3 point is not enough by itself.