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WorkflowEU RED

RED Article 3 requirement selection workflow

This workflow helps decide which Article 3 apply to a radio equipment type before selecting standards, tests, notified-body routes, labels, declarations, and technical-file evidence.

The workflow separates always-on Article 3(1) and 3(2) checks from category-specific Article 3(3) requirements, cybersecurity activation under Delegated Regulation (EU) 2022/30, and common-charging duties under Article 3(4) and Article 3a.

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Author
Sorena AI
Published
May 9, 2026
Updated
Jul 26, 2026
6 sections7 primary sources
Overview

Article 3 selection is the RED gate that determines which must be demonstrated for a radio equipment type. Start with product facts, route each Article 3 branch separately, and keep the source, decision, evidence owner, and unresolved assumptions together in the technical-file record.

Section 1

Start with the product facts that control Article 3 routing

Do not begin by copying a standards list from a similar device. Article 17 requires conformity assessment against the in Article 3 and requires the assessment to take account of all intended operating conditions. If the equipment can take different configurations, the assessment must cover those configurations.

The first output should be a short scope record: what the radio equipment is, how it emits or receives radio waves, which EU markets and operating bands are intended, which accessories and software are needed for intended operation, and which economic operator is making the decision.

  • Confirm that the item is radio equipment within Directive 2014/53/EU before applying this workflow.
  • Record the equipment type, intended use, radio interfaces, power source, wired or wireless charging capability, accessories, components, software, firmware versions affecting compliance, and supported configurations.
  • Identify whether the release is a new placement on the market, a modified product, an importer or distributor check, a supplier substitution, a software change, or a response to an authority or customer question.
  • Flag adjacent EU regimes only where the source changes the RED route; for example, the RED itself points to Low Voltage Directive safety objectives through Article 3(1)(a) but without the LVD voltage limit.
Section 2

Route the always-on Article 3 branches first

Article 3(1) and Article 3(2) are the baseline branches for radio equipment. Treat them as separate evidence questions because safety, EMC, and spectrum performance can be proven by different standards, tests, design files, and risk analyses.

Article 3(1)(a) covers protection of health and safety of persons, domestic animals, and property, including Low Voltage Directive safety objectives without a voltage limit. Article 3(1)(b) covers an adequate level of electromagnetic compatibility. Article 3(2) covers effective use and support for efficient use of radio spectrum in order to avoid harmful interference.

  • Safety route: map hazards, intended and reasonably foreseeable conditions, accessories, chargers, power supplies, batteries, and user information to Article 3(1)(a).
  • EMC route: document emissions and immunity evidence for Article 3(1)(b), including why the selected standards or other technical specifications fit the equipment configuration.
  • Spectrum route: document radio parameters, intended Member State operation, harmonised standards or other technical specifications, and evidence that the equipment avoids harmful interference under Article 3(2).
  • If harmonised standards are used, record the exact standard references, versions, parts applied, and whether the references are published in the Official Journal for the covered .
Section 3

Then screen category-specific Article 3(3) requirements

Article 3(3) is not a single universal checklist. Its points apply to categories or classes specified through the RED's implementing or delegated-act mechanisms. The selection record should identify the act that activates a point for the product, or state that no applicable activating act was identified; product capability alone does not activate every point.

The Article 3(3) list includes interworking with accessories, interworking via networks, connection to Union interfaces, network protection, safeguards for personal data and privacy, protection from fraud, access to emergency services, accessibility for users with a disability, and software controls where compliance of the radio equipment and software combination must be demonstrated.

  • For each Article 3(3) point, write the product fact that triggers or excludes it rather than marking the whole subsection as not applicable.
  • Keep network, privacy, and fraud routing separate because Delegated Regulation (EU) 2022/30 activates Article 3(3)(d), (e), and (f) for different equipment categories and data or payment capabilities.
  • If software can affect compliance, preserve software and firmware versions, update paths, loaded combinations, and the evidence showing that the radio equipment and software combination remains compliant.
  • When no harmonised standard is applied, only partly applied, or no harmonised standard exists for Article 3(2) or 3(3), record the selected conformity-assessment route and the supporting technical evidence.
Section 4

Apply the RED cybersecurity branch without overgeneralising it

Delegated Regulation (EU) 2022/30 is the key source for the Article 3(3)(d), (e), and (f) cybersecurity branch. It applies Article 3(3)(d) to internet-connected radio equipment, applies Article 3(3)(e) based on equipment category and personal, traffic, or location-data processing, and applies Article 3(3)(f) to internet-connected radio equipment that enables transfers of money, monetary value, or virtual currency.

The amended application date is 1 August 2025. Delegated Regulation (EU) 2026/339 repeals the category act from 11 December 2027, but RED surveillance continues for covered equipment placed on the Union market through 10 December 2027. Do not describe the cybersecurity branch as a general cybersecurity law for all electronics; it is RED Article 3 routing for specified radio equipment categories and classes.

  • Network protection: ask whether the radio equipment can communicate itself over the internet, directly or through other equipment, for Article 3(3)(d).
  • Personal data and privacy: ask whether the equipment is internet-connected, childcare radio equipment, radio equipment covered by the Toy Safety Directive, or wearable radio equipment, and whether it can process personal data, traffic data, or location data.
  • Fraud protection: ask whether internet-connected radio equipment enables the holder or user to transfer money, monetary value, or virtual currency.
  • Check the delegated regulation's exclusions before concluding that Article 3(3)(d), (e), or (f) applies, especially where medical-device, in vitro diagnostic, vehicle, aviation, or electronic road toll legislation is also in play.
Section 5

Screen common-charger duties as Article 3(4) and Article 3a items

Common charging applies to radio equipment that is listed in Part I of Annex Ia, has a removable or embedded rechargeable battery, and can be recharged by wired charging. For equipment meeting those conditions, assess the USB-C and cable requirements, charger unbundling, the pictogram, charging-capability information, the label, instructions, packaging, and distance-selling presentation.

The measures have applied to Annex Ia categories 1.1 to 1.12 since 28 December 2024 and to laptops, category 1.13, since 28 April 2026. Equipment charged above 5 V, 3 A, or 15 W must incorporate USB Power Delivery and must not let an additional charging protocol prevent its full functionality.

  • Screen covered categories: handheld mobile phones, tablets, digital cameras, headphones, headsets, portable speakers, handheld videogame consoles, e-readers, earbuds, keyboards, mice, portable navigation systems, and laptops.
  • For covered wired-charging products, record USB Type-C receptacle and cable compatibility evidence against the applicable Annex Ia technical specifications.
  • Where the wired-charging product is above the Annex Ia fast-charging trigger, record USB Power Delivery support and any other supported charging protocol as required for the label and instructions.
  • For consumer and end-user offers, preserve charger-included or charger-not-included pictogram evidence, unbundled-purchase evidence, packaging or product label placement, and distance-selling display close to the price indication.
Section 6

Close the workflow with an evidence and conformity-assessment decision

The final decision should state which Article 3 branches apply, which harmonised standards or other technical specifications support each branch, which conformity-assessment module is used, and whether a notified body is involved. The technical documentation should make it possible to assess conformity with the applicable RED requirements and should include the applied standards or the alternative solutions used.

Do not close the file with only a meeting note or a supplier assurance. The RED record should connect Article 3 selection to the technical documentation, EU declaration of conformity, CE marking, instructions, labels where applicable, and review triggers for later changes.

  • Create a requirement-to-evidence matrix for Article 3(1)(a), Article 3(1)(b), Article 3(2), each relevant Article 3(3) point, Article 3(4), Article 3a, and Article 10(8) where applicable.
  • List harmonised standards with identification number, version, parts applied, OJEU status, and the essential requirement each standard covers.
  • Where standards are not applied or are only partly applied, document other technical specifications, tests, risk analysis, and the conformity-assessment route selected under Article 17.
  • Preserve the EU declaration or simplified EU declaration, CE marking evidence, technical documentation, notified-body certificate or quality-system records where used, and a change trigger for software, firmware, radio, charging, supplier, market, and standards updates.
Recommended next step

Turn RED Article 3 routing into an evidence matrix

This workflow helps align product, regulatory, quality, legal, procurement, and engineering teams on which RED Article 3 branches apply, which sources support them, and which evidence must be kept before release.

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Primary sources

References and citations

Directive 2014/53/EU on radio equipment
eur-lex.europa.eu5 citations
Referenced sections
  • Primary RED source for scope, Article 3 essential requirements, Article 16 harmonised standards, Article 17 conformity assessment, technical documentation, EU declaration, CE marking, market surveillance, and common-charger amendments in the consolidated text.
  • Primary RED source for Article 3 essential requirements, Article 17 conformity assessment, instructions, EU declaration, CE marking, and technical documentation.
  • Grounds the Article 3(1) safety and EMC branches, the Article 3(2) spectrum branch, and the Article 16 presumption-of-conformity rule for OJEU-cited harmonised standards.
Show 2 more
  • Primary source for the Article 3(3) requirement list and the Article 17 conformity-assessment routes for Article 3(2) and Article 3(3).
  • Grounds technical documentation, EU declaration of conformity, CE marking, Article 17 conformity assessment, Annex II internal production control, Annex III EU-type examination, Annex IV full quality assurance, and Annex V technical-file contents.
"essential requirements"
More quoted passages
"all intended operating conditions"
"avoid harmful interference"
"certain categories or classes"
"technical documentation"
Commission Delegated Regulation (EU) 2022/30 on RED cybersecurity
eur-lex.europa.eu3 citations
Referenced sections
  • Delegated source for Article 3(3)(d), (e), and (f) category selection covering network protection, personal data and privacy, and fraud protection.
  • Delegated source specifying categories or classes concerned by RED Article 3(3)(d), (e), and (f).
  • Grounds the category screening for RED Article 3(3)(d), (e), and (f), including internet-connected equipment, childcare equipment, toys with radio function, wearables, payment capability, and exclusions.
"internet-connected radio equipment"
More quoted passages
"protection of personal data and privacy"
European Commission - harmonised standards for radio equipment
single-market-economy.ec.europa.eu3 citations
Referenced sections
  • Commission RED-specific source for harmonised standards, OJEU citation, and presumption-of-conformity context.
  • Commission RED-specific source for OJEU-published harmonised-standard references and presumption-of-conformity status.
  • Commission RED-specific source for checking harmonised-standard references and presumption-of-conformity status.
"presumption of conformity"
Commission Delegated Regulation (EU) 2023/2444 on RED cybersecurity application date
eur-lex.europa.eu2 citations
Referenced sections
  • Amends Delegated Regulation (EU) 2022/30 and sets the amended application date for the RED cybersecurity requirements.
  • Amends Delegated Regulation (EU) 2022/30 so the cybersecurity requirements apply from 1 August 2025.
"1 August 2025"
More quoted passages
"It shall apply from 1 August 2025."
Commission Delegated Regulation (EU) 2026/339 repealing the RED cybersecurity delegated act
eur-lex.europa.eu2 citations
Referenced sections
  • Repeals Delegated Regulation (EU) 2022/30 from 11 December 2027 and preserves surveillance of covered equipment placed on the market through 10 December 2027.
  • Binding source for repeal from 11 December 2027 and continued RED surveillance of covered equipment placed on the market from 1 August 2025 through 10 December 2027.
"10 December 2027"
More quoted passages
"repealed with effect from 11 December 2027"
Directive (EU) 2022/2380 on the common charger
eur-lex.europa.eu2 citations
Referenced sections
  • Legal source for RED common-charger amendments, including Article 3(4), Article 3a, Article 10(8), Annex Ia categories, USB-C, USB Power Delivery, pictogram, and label rules.
  • Amends the RED with Article 3(4), Article 3a, Article 10(8), Annex Ia common-charger categories, USB-C and USB Power Delivery specifications, pictogram, and label duties.
"common charging"
More quoted passages
"USB Type-C receptacle"
European Commission - one common charging solution for all
single-market-economy.ec.europa.eu2 citations
Referenced sections
  • Commission explanatory source for common-charging scope, application timing, USB-C, unbundling, pictogram and label materials, and consumer information.
  • Commission explanatory source for common-charger scope, application timing, USB-C, unbundling, and consumer information.
"28 December 2024"
More quoted passages
"USB-C is the common port"

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