WorkflowEU RED

RED Article 3 requirement selection workflow

Use this workflow to decide which Article 3 essential requirements 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.

Author
Sorena AI
Published
May 9, 2026
Updated
May 9, 2026
Sections
6

Structured answer sets in this page tree.

Primary sources
6

Cited legal and guidance references.

Publication metadata
Sorena AI
Published May 9, 2026
Updated May 9, 2026
Overview

Article 3 selection is the RED gate that determines which essential requirements 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 essential requirements 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 essential requirements.
Section 3

Then screen category-specific Article 3(3) requirements

Article 3(3) is not a single universal checklist. It contains category or class requirements that apply where the RED or a delegated act makes them relevant. The selection record should show which point was considered, why it was in or out, and what evidence proves the answer.

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. 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 is part of RED requirement selection for covered portable radio equipment, not a separate marketing-only label exercise. The routing question is whether the equipment falls within Article 3(4) and Annex Ia categories, then whether wired charging capability, charging power, charger unbundling, pictogram, label, instructions, packaging, and distance-selling presentation are handled.

Commission guidance states that the common-charging requirements apply to listed handheld device categories since 28 December 2024 and to laptops as of 28 April 2026. The legal source adds the Article 3a charger-unbundling and pictogram duties and the Article 10(8) charging-capability information and label duties.

  • 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

Use this workflow to 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.

Primary sources

References and citations

eur-lex.europa.eu
Referenced sections
  • 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.
"protection of personal data and privacy"
eur-lex.europa.eu
Referenced sections
  • 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.
"USB Type-C receptacle"
eur-lex.europa.eu
Referenced sections
  • 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.
"technical documentation"
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