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 in order to avoid harmful interference. This means the evidence file should cover both transmitter behavior and receiver performance where the product has a receiver.

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), the safety file should address intended use and reasonably foreseeable conditions. Do not limit the assessment to electrical voltage bands; RED imports the safety objectives without the Low Voltage Directive voltage limit.

For Article 3(1)(b), document the EMC route, the standards or other specifications used, and the test evidence showing an adequate level of electromagnetic compatibility for the radio equipment configuration being declared.

For Article 3(2), document the radio technology, operating bands, transmitter emissions, receiver performance, intended installation and antenna conditions, and the spectrum standards used. If relevant harmonised standards are not applied, are only partly applied, or do not exist, use the Article 17 conformity-assessment route that fits the requirement being assessed.

The Article 3(3) list should be reviewed as a conditional trigger table. The original RED text covers interworking with accessories, interworking via networks, connection to appropriate interfaces throughout the Union, no harm to networks or misuse of network resources, privacy and personal-data safeguards, fraud protection, emergency-services access, accessibility for users with a disability, and controls so software can be loaded only where the radio-equipment and software combination remains compliant.

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. Do not use the earlier 1 August 2024 date when setting release gates or supplier evidence deadlines.

The technical documentation should let a reviewer trace every Article 3 conclusion from product facts to standards, tests, assessments, conformity-assessment outputs, and the EU declaration of conformity. It should also explain design or firmware changes that could affect compliance.

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.