This workflow helps decide whether a product is under Directive 2014/53/EU, document exclusions and edge cases, and route the product into the correct Article 3, standards, conformity-assessment, CE, cybersecurity, and common-charger evidence work.
The classification should be based on product facts: intentional emission or reception of radio waves, radio communication or radiodetermination purpose, intended Union-market use, accessories, software, exclusions, and any delegated or implementing act that changes the requirement set.
A RED scope classification decides whether the finished product is under Directive 2014/53/EU. Record the intentional radio function, radio communication or radiodetermination purpose, Union-market facts, exclusions considered, Article 3 requirement map, standards route, and evidence owner before the product is released, changed, imported, or challenged by a customer or authority.
1
Section 1
1. Classify the product against the RED definition
Start with Article 1 and Article 2 of Directive 2014/53/EU. The Directive establishes the EU framework for making available on the market and putting it into service. Radio equipment is an electrical or electronic product that intentionally emits or receives radio waves for radio communication or radiodetermination, including a product that needs an accessory such as an antenna to perform that function.
Write the initial decision as a fact chain rather than a label. Identify the product configuration, radio interface, receiver or transmitter function, antenna dependency, software or firmware version affecting the radio function, intended use, and whether the product is being made available on the Union market, first placed on that market, or put into service.
Record each radio technology and purpose, including communication, positioning, velocity or characteristic determination, GNSS, Wi-Fi, Bluetooth, cellular, RFID, radar, or other radiodetermination features.
Do not treat the RED decision as the same question as EMC, LVD, RoHS, GPSR, medical-device, aviation, marine, toy, or cyber-product law scope; note overlaps separately.
If the device only uses electromagnetic waves for another purpose, such as pure wireless power transfer without communication or radiodetermination, record why RED is not the right scope answer and which other regime may still apply.
If an importer or distributor sells the equipment under its own name or trade mark, or modifies equipment already on the market in a way that may affect RED compliance, record that Article 14 treats that operator as the manufacturer for RED purposes.
Commission guidance for interpreting RED scope, market placement, radio equipment examples, and non-radio uses of electromagnetic waves.
What is radio equipment?
2
Section 2
2. Test RED exclusions and recurring borderline cases
Before opening a test plan, rule out the explicit exclusions. Directive 2014/53/EU excludes equipment listed in Annex I and exclusively used for public security, defence, State security, certain State economic-security matters, and State criminal-law activities. The Commission RED Guide warns that equipment used by public authorities can still be in scope when it is not exclusively used for excluded activities.
Then resolve common borderline cases with product facts. Commission guidance treats radio and television receivers, equipment below 9 kHz, radiodetermination equipment, and active antennas as RED scope examples. It distinguishes passive antennas sold alone, pure DVB-C receivers receiving a wired CATV signal, custom-built evaluation kits for professional R&D facilities, amateur-radio cases, construction kits, infrared devices, and products using waves for non-radio purposes.
For evaluation kits, keep evidence that the kit is custom-built, destined for professionals, and used solely at research and development facilities for research and development purposes.
For amateur-radio claims, distinguish equipment constructed, modified, or used by radio amateurs from equipment made available on the market.
For receivers, antennas, modules, kits, and wired variants, document the actual signal path and who places the final on the Union market.
Commission guidance for exclusions and scope examples, including State-use exclusivity, amateur radio, evaluation kits, antennas, DVB receivers, infrared products, and construction kits.
Commission FAQ for scope changes and examples, including receivers, below-9 kHz equipment, radiodetermination equipment, fixed line terminal equipment, and custom-built evaluation kits.
Which equipment falls within the scope
3
Section 3
3. Convert an in-scope answer into Article 3 requirement buckets
When RED applies, classify the product against Article 3 before selecting standards. Article 3(1)(a) covers health and safety objectives, Article 3(1)(b) covers electromagnetic compatibility, and Article 3(2) covers effective and efficient use of radio spectrum to avoid harmful interference. Article 3(3) adds category-specific requirements such as network protection, personal-data and privacy safeguards, fraud protection, emergency-service access, accessibility, and software-loading controls where delegated or implementing acts make them applicable.
A release-ready workflow should therefore produce a requirement matrix, not only a scope conclusion. For each radio interface and product configuration, record whether Article 3(1), 3(2), and any Article 3(3) requirement applies, what evidence will demonstrate conformity, and whether the decision relies on a harmonised standard cited in the Official Journal or on another technical specification.
Create one line per product configuration, radio interface, accessory, antenna, and software or firmware version that can affect RED conformity.
Map Article 3(1)(a), 3(1)(b), and 3(2) for all in-scope before assessing Article 3(3) special requirements.
Flag unresolved Article 3(3) questions for regulatory review instead of assuming that every connected or wearable product has the same RED requirement set.
Commission guidance for translating scope decisions into economic-operator, essential-requirement, software, instructions, and technical-documentation work.
Essential requirements
4
Section 4
4. Add cybersecurity and common-charger decision gates
RED scope classification now needs two extra gates for many connected or rechargeable products. Delegated Regulation (EU) 2022/30 applies Article 3(3)(d) to internet-connected , Article 3(3)(e) to specified radio equipment capable of processing personal, traffic, or location data, and Article 3(3)(f) to internet-connected radio equipment enabling transfer of money, monetary value, or virtual currency. Delegated Regulation (EU) 2023/2444 moved the application date for those cybersecurity requirements to 1 August 2025. Delegated Regulation (EU) 2026/339 repeals the category act from 11 December 2027, when the Cyber Resilience Act applies in full; RED market surveillance remains available for covered equipment placed on the Union market from 1 August 2025 through 10 December 2027.
For common charging, first classify the product against the 13 categories in Part I of Annex Ia, then confirm that it can be recharged by wired charging. The rules have applied to categories 1.1 to 1.12 since 28 December 2024 and to laptops, category 1.13, since 28 April 2026. If in scope, route the product to USB-C, fast-charging where the Annex Ia voltage, current, or power trigger is exceeded, charger-unbundling, pictogram, and charging-information evidence.
For cybersecurity, record whether the product communicates over the internet directly or through other equipment, whether it is childcare, toy, wearable, medical-device, vehicle, aviation, or road-toll equipment, and whether it processes the data types or payment functions described in the delegated regulation.
For common charging, record the device category, wired charging capability, whether a charger is bundled, the consumer pictogram, and the charging-power information that will appear with the product.
Keep these gates separate from the baseline RED definition; a product can be RED scope even when the cybersecurity delegated act or common-charger rules do not apply to that configuration.
Repeals Delegated Regulation (EU) 2022/30 from 11 December 2027 and preserves RED surveillance for covered equipment placed on the market through 10 December 2027.
Commission source for common-charger device categories, USB-C, fast charging, charger unbundling, pictograms, charging information, and application dates.
USB-C is the common port
5
Section 5
5. Select standards, conformity route, and release evidence
Once the scope and requirement buckets are set, choose the evidence route. RED gives presumption of conformity for harmonised standards or parts of standards whose references are published in the Official Journal for the Article 3 requirements they cover. Article 17 then links the standards position to conformity-assessment options: internal production control, EU-type examination followed by conformity to type, or full quality assurance.
If harmonised standards for Article 3(2) or 3(3) are missing, not applied, or only partly applied, the workflow should flag the notified-body route under Article 17 instead of closing on internal production control alone. The technical file should show the applicable requirements, standards used in full or in part, alternative technical specifications, test reports, EU declaration of conformity, CE marking basis, and copies of certificates where the selected module requires them.
Check OJEU status and restrictions for each standard rather than relying on an uncited test-lab template or a supplier declaration alone.
Keep the technical file aligned with the selected scope answer, Article 3 matrix, user information, software or firmware versions affecting compliance, and EU declaration of conformity.
Reopen classification after radio module substitutions, antenna changes, firmware updates, new accessories, standards changes, delegated-act changes, supplier changes, importer questions, customer complaints, or authority contact.
Official RED harmonised-standards decision used to verify cited standards and any limits on presumption of conformity.
harmonised standards for radio equipment
Recommended next step for RED scope review
Turn the RED scope decision into a release record
Convert product facts, exclusions, Article 3 buckets, cybersecurity and common-charger gates, standards choices, conformity route, owners, and review triggers into a cited RED classification memo.
Workflow output: the RED scope classification record
The finished record should let a reviewer understand the answer without replaying the meeting. It should name the product, model, radio functions, intended use, Union-market fact pattern, exclusions considered, Article 3 requirement buckets, cybersecurity and common-charger gates, standards route, conformity-assessment route, evidence owners, and open assumptions.
Use a clear status for each configuration: in RED scope, outside RED scope with reason, in RED scope but requiring escalation, or blocked pending missing facts. Cite the binding act or current official guidance that supports each conclusion, and record the provision, product fact, and date checked so another reviewer can reproduce the decision.
Minimum evidence: scope memo, exclusion analysis, radio-interface inventory, Article 3 matrix, standards and test plan, cybersecurity and common-charger gate decisions, conformity route, technical-file index, EU declaration status, CE marking basis, and review triggers.
Minimum ownership: regulatory owner for the conclusion, engineering owner for product facts and test evidence, quality owner for technical-file retention, procurement owner for module and supplier evidence, and release owner for launch gating.
Minimum review triggers: design change, software change affecting compliance, antenna or accessory change, module substitution, market expansion, new OJEU standard citation or restriction, delegated-act change, complaint, recall, incident, importer query, or authority request.
Binding source for RED scope, exclusions, definitions, Article 3 essential requirements, harmonised standards, conformity assessment, technical documentation, EU declaration, CE marking, and market-surveillance evidence.
Binding source for RED scope, market concepts, and the definition of radio equipment.
Binding source for RED Article 1 exclusions and Annex I excluded equipment.
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Binding source for Article 3 essential requirements, software-and-radio combinations, technical documentation, conformity assessment, and CE marking.
Binding source for presumption of conformity, Article 17 conformity-assessment routes, technical documentation, EU declaration, and CE marking.
Binding source for scope definitions, technical documentation, EU declaration, conformity assessment, CE marking, and authority-facing evidence.
"intentionally emits and/or receives radio waves"
More quoted passages
"This Directive shall not apply to equipment listed in Annex I"
Commission guidance for RED scope interpretation, exclusions, product examples, economic-operator obligations, software references, instructions, and technical-documentation expectations; the Directive controls if guidance conflicts with law.
Commission guidance for interpreting RED scope, market placement, radio equipment examples, and non-radio uses of electromagnetic waves.
Commission guidance for exclusions and scope examples, including State-use exclusivity, amateur radio, evaluation kits, antennas, DVB receivers, infrared products, and construction kits.
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Commission guidance for translating scope decisions into economic-operator, essential-requirement, software, instructions, and technical-documentation work.
Commission guidance for practical scope interpretation, product examples, economic-operator duties, software references, instructions, and technical-documentation expectations.
Repeals Delegated Regulation (EU) 2022/30 from 11 December 2027 and preserves RED surveillance for covered equipment placed on the market through 10 December 2027.
Commission FAQ for scope changes and examples, including receivers, below-9 kHz equipment, radiodetermination equipment, fixed line terminal equipment, and custom-built evaluation kits.