Legal act:
Directive 2014/53/EU
Commission Delegated Regulation (EU) 2022/30 (from 1 August 2024)
Directive (EU) 2022/2380

Consolidated act:
01/10/2023 of Directive 2014/53/EU
27/10/2023 of CDR (EU) 2022/30

Subject matter and scope

The Directive sets out the requirements for making available on the market and putting into service radio equipment in the European Union.
The radio equipment consist of an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination.
The Directive shall not apply to the equipment used by radio amateurs within the meaning of Article 1, definition 56, of the International Telecommunications Union (ITU) Radio Regulations, unless the equipment is made available on the market:

• radio kits for assembly and use by radio amateurs
• radio equipment modified by and for the use of radio amateurs;
• equipment constructed by individual radio amateurs for experimental and scientific purposes related to amateur radio.

Furthermore it does not apply to:

• Marine equipment falling within the scope of Council Directive 96/98/EC (1).
• Airborne products, parts and appliances falling within the scope of Article 3 of Regulation (EC) No 216/2008 of the European Parliament and of the Council (2).
• Custom-built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

This Directive shall not apply to radio equipment exclusively used for activities concerning public security, defence, State security, including the economic well-being of the State in the case of activities pertaining to State security matters, and the activities of the State in the area of criminal law.
The radio equipment falling within the scope of this Directive shall not be subject to Directive 2014/35/EU, except as set out in point (a) of Article 3(1) of this Directive.

Definitions

Making available on the market means any supply of radio equipment for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

Placing on the market means the first making available of radio equipment on the Union market.

Importer means any natural or legal person established within the Union who places radio equipment from a third country on the Union market.

Distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes radio equipment available on the market.

Withdrawal means any measure aimed at preventing radio equipment in the supply chain from being made available on the market.

Article 6 - Making available on the market

Member States shall take appropriate measures to ensure that radio equipment is made available on the market only if it complies with this Directive.

Article 18 - EU declaration of conformity

1. The EU declaration of conformity shall state that the fulfilment of the essential requirements set out in Article 3 has been demonstrated.
2. The EU declaration of conformity shall have the model structure set out in Annex VI, shall contain the elements set out in that Annex and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the radio equipment is placed or made available on the market. The simplified EU declaration of conformity referred to in Article 10(9) shall contain the elements set out in Annex VII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the radio equipment is placed or made available on the market. The full text of the EU declaration of conformity shall be available at the internet address referred to in the simplified EU declaration of conformity, in a language or languages required by the Member State in which the radio equipment is placed or made available on the market.
3. Where radio equipment is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union acts concerned including their publication references.
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the radio equipment with the requirements laid down in this Directive.

Article 19 - General principles of the CE marking

1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
2. On account of the nature of radio equipment, the height of the CE marking affixed to radio equipment may be lower than 5 mm, provided that it remains visible and legible.

Article 20 - Rules and conditions for affixing the CE marking and the identification number of the notified body

1. The CE marking shall be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of radio equipment. The CE marking shall also be affixed visibly and legibly to the packaging.
2. The CE marking shall be affixed before the radio equipment is placed on the market.
3. The CE marking shall be followed by the identification number of the notified body where the conformity assessment procedure set out in Annex IV is applied. The identification number of the notified body shall have the same height as the CE marking. The identification number of the notified body shall be affixed by the notified body itself or, under its instructions, by the manufacturer or his authorised representative.
4. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.

ANNEX I EQUIPMENT NOT COVERED BY THIS DIRECTIVE

1. Radio equipment used by radio amateurs within the meaning of Article 1, definition 56, of the International Telecommunications Union (ITU) Radio Regulations, unless the equipment is made available on the market. The following shall be regarded as not being made available on the market:
   1. radio kits for assembly and use by radio amateurs;
   2. radio equipment modified by and for the use of radio amateurs;
   3. equipment constructed by individual radio amateurs for experimental and scientific purposes related to amateur radio.
2. Marine equipment falling within the scope of Council Directive 96/98/EC ( 1 ).
3. Airborne products, parts and appliances falling within the scope of Article 3 of Regulation (EC) No 216/2008 of the European Parliament and of the Council ( 2 ).
4. Custom-built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.