1.7.4 個別の事例／例（非網羅的）

Electrical or electronic products whose function is not to intentionally emit or receive radio waves for the purpose of radio communication and/or radiodetermination (in this section referred to as 'non-radio product') may function with radio equipment.

The RED is applicable to the combination of the radio equipment and the non- radio product as a whole only if the radio equipment is:

incorporated into the non-radio product; and

permanently affixed to the non-radio product.

Hence if the radio equipment is incorporated in a fixed and permanent way in the non-radio electrical product at the moment of its placing on the EU market (i.e. in such a way that it cannot be easily accessed and readily removed), as specified above, this product is deemed to be a single product. In the other cases the radio equipment and the non-radio product are considered as separate finished products and only the radio equipment is subject to the RED.

Note: This section, by referring to electrical products, mainly captures household and similar appliances. It does not capture big industrial machinery or vehicles.

Equipment covered by RED may be included in or attached to non-electrical products. In this section the combination of electrical/electronic equipment and non-electrical product is referred to as 'final product'.

When equipment, covered by the RED and that was not placed on the EU market, is included in or attached to a non-electrical product

The economic operator who is placing the final product on the EU market shall be considered as the manufacturer and shall follow the obligations enumerated below (see 1.7.4.2.1)

When equipment covered by the RED and that is already placed on the EU market, is included in or attached to a non-electrical product

The economic operator who is placing the final product on the EU market shall be considered as the manufacturer and shall follow the obligations enumerated below (see 1.7.4.2.1) if the intended function or performance of the radio equipment is modified; or the compliance is impacted

The compliance of the radio equipment with the RED shall be determined and ensured;

the risk assessment of the radio equipment shall address its intended use by ensuring that, when it operates in combination with the intended non- electrical product, the conformity of the final product is fulfilled; and

the CE marking, the contact details and any required information shall be affixed as according the applicable directive.

It is possible to legally place on the market multimode radio equipment with modes that can legally be operated in at least one EU/EEA/EFTA country and other modes that cannot be legally operated in any of EU/EEA/EFTA countries.

Multimode radio equipment is radio equipment that has different modes of operation, including for example the use of different radio frequencies, different transmitting power, different channel access protocols. The user can typically choose the mode of operation.

With respect to the conformity assessment, all the intended operating conditions shall be taken into account by the manufacturer, when evaluating the conformity of the product as per Article 17.1 of the RED. In the case of the essential requirement laid down in Article 3.1.(a), all reasonably foreseeable conditions should also be taken into consideration.

The conformity assessment under the RED is limited to the modes that are intended to be used in the EU/EEA/EFTA. In other words, the manufacturer does not have the obligation to assess modes intended to be used in third countries (non-permitted modes, hereinafter).

This being said, the manufacturer may need to apply concrete safeguards for the non-permitted modes. In this respect, Article 17.1 of the RED needs to be read under the risk assessment perspective. In particular, a risk analysis has to be carried out by the manufacturer in order to determine the impact of the non- permitted modes on the assets that the RED aims at protecting, such as the users’ health and safety or the efficient use of the radio spectrum, among others.

The elements that the manufacturer has to take into account for this activity include: the easiness of activating a non-permitted mode, according to the design of the product or to the potential user profile; and the impact of an illegal mode on the assets protected by the RED. Please note that this list is not exhaustive.

Finally, instructions and safety information shall duly reflect the relevant information so that the user can make an appropriate use of the product avoiding any circumvention of the RED once the product has been placed on the market.

The terms 'radio communication', 'radiodetermination' and 'radio waves’, mentioned in the definition of 'radio equipment' (Article 2.1 of the RED), are defined as follows:

Article 2.2: "radio communication" means communication by means of radio waves.

Article 2.3: “radiodetermination” means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves

Article 2.4: "radio waves" means electromagnetic waves of frequencies lower than 3 000 GHz, propagated in space without artificial guide.

Whereas IR conventionally extends from 300 GHz to 430 THz, devices operating in the lower part of the IR spectrum, i.e. that between 300 GHz and 3000 GHz (terahertz band), which corresponds to wavelengths between 1mm and 100µm (far infrared) are subject to the RED. IR devices operating solely at higher frequencies do not fall under the RED.

Products and applications that use electromagnetic waves exclusively for other purposes than radio communication and/or radiodetermination (products that propagate electromagnetic waves in space, but this propagation is not intended and not used for the purpose of radio communication or radiodetermination.) are not covered by the RED, for example:

inductive warming and heating appliances;

pure wireless power transfer systems (without any radio communication or radiodetermination functionality);

high frequency surgical equipment and systems;

cookware suitable for inductive heating appliances (without any radio communication or radiodetermination functionality);

test equipment if intended to use radio waves, exclusively, for testing other devices.

Antennas may be subdivided into “active” and “passive” types. “Active” antennas are supplied with one or more active electronic components (as diodes, transistors) interacting with the RF-signal. All other antennas are in general considered “passive”.

Taking in account the definition of radio equipment in Article 2 of the Directive, passive antennas are not covered by RED if placed on the market as a single commercial unit.

A radio equipment with the antenna attached is subject to all the requirements of RED. The interface between the radio product and the provided antenna need not be assessed in this case, unless the radio part without the antenna is also made available on the market.

In contrast, active antennas (i.e. antennas including one or more active electronic components that interact with the RF signal as e.g. amplifier) are always covered by the RED.

The applicability of the RED depends on the intended use declared by the manufacturer. Therefore, amplifiers and other electronic equipment (e.g. filters, splitters, convertors, transverters, antenna tuners, switches) intended to be connected to an antenna, based on the declaration of the manufacturer, are covered by the RED.

Radio broadcast receivers are within scope. However, in the specific case of DVB receivers, pure DVB-C and DVB-C(+) receivers which receive the signal via a wired CATV are not covered by the RED. Other DVB receivers (DVB-T(2), DVB-S2-x), DVB-S(2)) or DVB-C receivers with embedded radio functionality (e.g. a TV set with DVB-S, DVB-T, DVB-T(2) and/or WLAN) are covered by the RED and have to fulfil all relevant requirements.

The legality of devices intended to deliberately disrupt (jammers) has been discussed on several instances in the context of the RED and the EMCD. These discussions have made clear that Member States neither permit nor wish to permit radio communications to be disrupted by jamming devices operated by members of the public. These discussions made it also clear that Member States authorise the use of jammers for reasons of 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.

It is the common understanding of market surveillance authorities responsible for the EMCD or RED, if exceptionally a jammer falls within the scope of the RED, that jammers intended to be used by the public cannot be deemed to be in complinace with the EMC essential requirements. Such devices cannot therefore be legally placed on the market or made avaiable, within the EU, under any of those Directives.

Member States' market surveillance authorities will take all appropriate measures to prohibit or restrict from being made available on their national market, to withdraw from that market or to recall, under the provisions of the applicable Directive (EMCD or RED), jammers that are intended to be used or used by the public. In such a case, Member States' market surveillance authorities are under an obligation to notify such actions to the other Member States as well as the Commission in case the non-compliance is not restricted to their national territory.

Construction kits that when assembled fall within the scope of the Directive and are intended to be made available on the EU market are covered by the RED.

The kit manufacturer is responsible for compliance when the kit is assembled in accordance with the instructions. This does not apply to construction kits for Radio amateurs (see 1.7.3.2).

The person who assembles the kits, already placed on the EU market, shall follow the instructions. That person shall be considered as the manufacturer, when makes them available on the EU market, if:

their intended function or performance is modified; or

the compliance is impacted because the instructions provided were not followed.

The definition of 'radio equipment', in Article 2 of the RED, includes 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 radio determination.

The following components meet the above definition; hence they are radio equipment and are covered by the RED:

RF Modules (Radio Frequency Modules) as well as components that have an embedded RF Module;

Integrated Circuits if they have the capacity to receive or transmit (radio) signals once they are integrated, as such, into another product.

When these components (radio equipment) are placed, before their integration into another product, on the EU market, the economic operator who is, or is considered to be, their manufacturer is required to:

perform an assessment of the risks that can be possibly identified at the stage of placing the above components (radio equipment) on the EU market (i.e. can be possibly identified before their integration into another product);

in any case, the intended use and, for safety aspects, reasonably foreseeable use have to be assessed as in Article 17(1) of the RED; and

provide instructions which, if followed, will ensure that they remain compliant.

This section is without prejudice to any new obligations that might arise when the above components (radio equipment) are integrated into another product.

Different types of vehicles may include radio equipment, as defined in the RED.

The technical scenarios may vary and therefore this section describes the obligations, mainly on risk assessment, for the manufacturer of the vehicle and for the manufacturer of the radio equipment (mainly under the RED), including the situations under which a product, after it has been placed on the EU market, will be considered as a new product (). The obligations can be cumulative if the same person assumes different roles.

In the context of this section, the term:

‘Manufacturer of vehicle radio equipment’ refers to the manufacturer as defined in Article 2 (1) (12) of the RED, the economic operator who is considered to be the manufacturer in accordance with Article 14 of the RED or the person who becomes the manufacturer of the vehicle radio equipment as described in section 1.7.4.12.4 of this Guide.

‘Vehicle radio equipment’ refers to radio equipment within the scope of the RED installed or intended to be installed in vehicles; it does not refer to portable devices that are mainly used in any environment, outside the vehicle, even if they can be connected to USB ports or cigarette lighter socket ();

‘Vehicle’ refers, mainly, to a vehicle under Regulation (EU) 2018/858, Regulation (EU) 167/2013 or Regulation (EU) 168/2013;

‘EU legislation on vehicles’ refers, mainly, to Regulation (EU) 2018/858, Regulation (EU) 167/2013 or Regulation (EU) 168/2013.

Radio equipment which is intended to be placed on the EU market and intended to be installed in a vehicle

The manufacturer of that radio equipment must fulfil the relevant obligations under the RED.

For that radio equipment, the said manufacturer must:

carry out a conformity assessment procedure, to the extent possible, ensuring that the compliance of the radio equipment is not compromised when it functions, together with other systems/devices, in the vehicle;

and

ensure that the instructions accompanying the vehicle radio equipment include specific installation instructions.

A manufacturer of vehicle radio equipment which is intended to be placed on the EU market and intended to be installed in a vehicle, shall [as manufacturer of the radio equipment] ensure that the radio equipment, itself, is compliant with the RED ()

Under the RED, the obligations of the manufacturer are specified in Article 10 of the RED. In this respect and without prejudice to the other obligations specified in Article 10 of the RED, the said manufacturers shall:

perform a risk assessment, which shall be document, based, to the extent possible, on the use of the vehicle radio equipment in a vehicle showing that the vehicle radio equipment, when it is installed in the vehicle and it operates in combination with systems, parts or components of the vehicle (i.e.

representative vehicle environment in which the radio equipment is intended to be used) will remain compliant with the RED essential requirements ();

and

In addition, unless the radio equipment is installed before its placing on the EU market, the said manufacturer must ensure that:

the instructions accompanying the vehicle radio equipment () include specific installation instructions, in particular describing how any installer

should handle the vehicle radio equipment to ensure that the vehicle radio equipment, when installed and in operation (), remains compliant ().

Obligations for the manufacturer of the vehicle

Vehicles intended to be placed on the EU market (including radio equipment that has not been previously placed on the EU market and installed in the vehicle)

The manufacturer of that vehicle is also the manufacturer of that installed radio equipment and must fulfil the relevant obligations under RED.

Vehicles intended to be placed on the EU market (including radio equipment that has been previously placed on the EU market and installed in the vehicle)

The manufacturer of that vehicle needs to demonstrate or verify, by documenting, that the compliance of that radio equipment is not compromised when it functions, together with other systems/devices, in the vehicle.

Vehicles intended to be placed on the EU market (including radio equipment that has not been previously placed on the EU market and installed in the vehicle)

The manufacturer of that vehicle is also the manufacturer of that radio equipment installed in that vehicle.

Under the RED, the obligations of the manufacturer are specified in Article 10 of the RED. In this respect and without prejudice to the other obligations specified in Article 10 of the RED, the said manufacturer shall:

perform a risk assessment (including additional testing, if necessary), which shall be documented, verifying that the above radio equipment, when it is installed in the vehicle and it operates in combination with systems, parts or components of the vehicle, is compliant with the RED essential requirements ().

Vehicles intended to be placed on the EU market (radio equipment that has been previously placed on the EU market and installed in the vehicle)

The manufacturer of that vehicle needs to demonstrate or verify, by documenting, that the compliance of that radio equipment is not compromised () when it functions, together with other systems/devices, in the vehicle. A risk assessment is the preferable option to carry out this activity.

In the case where the compliance is compromised, then the radio equipment in question is deemed to be a new product ().

The manufacturer of the vehicle must analyse on a case-by-case basis the requirements established in the RED, because some of the requirements might overlap with or be related to the EU legislation on vehicles. In this case of overlap, preference should be given to the more specific EU harmonisation legislation ().

In this respect, such specificities should be taken into consideration by the manufacturer of the vehicle when performing the risk assessment carried out under the RED. But in any case, the compliance with the requirements of the RED not covered by the EU legislation on vehicles must be verified by the manufacturer of the vehicle.

Electromagnetic Compatibility (UNECE REGULATION 10)

UNECE Regulation 10 () is in force in the EU via the EU legislation on vehicles (). For the aspects of the RED that relate to electromagnetic compatibility, UNECE Regulation 10 (including its paragraph 3.2.8) can be considered as more specific.

The EU legislation on vehicles does not apply to vehicle radio equipment that falls within paragraph 3.2.9 of UNECE Regulation 10. For such equipment, the EU declaration of conformity (DoC) must show that there is respect of the limits in paragraph 3.2.9 of UNECE Regulation 10. See also article 3.1.8:

For vehicles of categories M, N, and O the vehicle manufacturer must provide a statement of frequency bands, power levels, antenna positions and installation provisions for the installation of radio frequency transmitters (RF-transmitters), even if the vehicle is not equipped with an RF transmitter at time of type approval. This should cover all mobile radio services normally used in vehicles.

This information must be made publicly available following the type approval.

Vehicle manufacturers must provide evidence that vehicle performance is not adversely affected by such transmitter installations.

needs to be considered as new product

A radio equipment device already placed on the EU market and intended to be installed in a vehicle will be considered as a new product if the compliance of the radio equipment with the RED essential requirements () is impacted.

The compliance of a vehicle radio equipment with the RED essential requirements might be impacted if, for example, (i) the relevant instructions that

have been provided by the original manufacturer of the radio equipment are not followed or (ii) the original performance, purpose or type of the radio equipment is modified to such an extent that the compliance is impacted or (iii) vehicle radio equipment is installed in environment in which it is not intended to be used.

RED will re-apply () to such a (new) product (radio equipment) if it is, then, first made available in the EU (e.g. supplied in order to be installed in a vehicle by any other person; or installed, for a client, in a vehicle). It means that the person who intends to first make available in the EU such a new product (radio equipment) will be regarded as the manufacturer and will need to follow the obligations of the manufacturer of the new radio equipment, depending on the scenario, as described above.

under RED – Vehicle radio equipment

The EU declaration of conformity, CE marking, contact details and other information required by the RED shall be in relation to the vehicle radio equipment (whether installed or not in the vehicle).

Under the RED, it is required that the CE marking, and the pictogram or statement required by Article 10 (10) of the RED, are affixed on the packaging (the CE marking shall also be affixed on the radio equipment unless it is not possible). Given that the RED does not specifically foresee the situation where the equipment is made available without packaging (), it can be considered good and acceptable practice if the CE marking, and the pictogram/statement required by the first sentence of Article 10 (10) of the RED, are provided as separate label (s) or in document (s) accompanying the vehicle.

Fixed installations are not regulated under the RED. Since it is relevant in certain cases (through the link to the EMCD in Article 3.1.b), a distinction is made between two types of installations that are fixed. These are described below:

Fixed installations as defined and described in the EMCD, i.e., which are unique in their build-up;

Installations built up of mass-market equipment but are fixed in the sense that they are permanent in their place.

Fixed installations as defined and described in the EMCD, i.e., which are unique in their build-up

In the EMCD, special regulations for fixed installations and apparatus intended for incorporation in fixed installations are foreseen. As defined in Article 3.1 of the EMCD, fixed installation is defined as "a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a predefined location. An "apparatus" by definition of the EMCD means any finished appliance of

combination thereof. For the purposes of market surveillance, fixed installations are thus fully covered by the EMCD.

Putting into service of radio equipment may include incorporation of radio equipment into a fixed installation. In the RED, the concept of fixed installations is not explicitly defined. However, the RED requires in Article 3.1.b that “an adequate level of electromagnetic compatibility as set out in Directive 2014/30/EU” has to be ensured. With this, not only the relevant requirements of Annex I of the EMC Directive but also all the other regulations of the EMC Directive which apply to the EMC level are relevant. This applies, in particular, to the special requirements and procedures according to Article 19.1 and Annex I (2) of the EMCD for fixed installations.

Therefore, the conformity assessment of radio equipment shall also take into account the circumstances, where radio equipment is designed for or may be used as a part of "apparatus" or "fixed installation". It is important to ensure the effective and efficient use of radio spectrum and avoidance of harmful interference are not compromised under any intended operating condition. The technical Documentation accompanying radio equipment shall specify the fixed installation concerned and the precautions to be taken. A legal or private person, who is responsible for putting into service or use of radio equipment, also has to ensure that radio equipment is properly installed, maintained, and used for its intended purpose.

Installations built up of mass-market equipment but are fixed in the sense that they are permanent in their place

Regarding radio equipment intended for inclusion in non-specific installations, Article 17.1 of the RED requires that “conformity assessment shall take into account all intended operating conditions and, for the essential requirement set out in Article 3.1.a, the assessment shall also take into account the reasonably foreseeable conditions of use. Where applicable these conditions may, when putting radio equipment into service, include combining the radio equipment with other equipment to form an installation that is fixed at its location.

Considering the types of equipment that are likely to be included in such installations, the installation instructions of the radio equipment should describe how to install the equipment to enable it to operate as foreseen and if needed, what type of components shall be used. It is then for the legal or private person, who is responsible for putting into service or use of radio equipment, to ensure that radio equipment is properly installed, maintained, and used for its intended purpose.

An installer who is a professional acting for a client shall undertake all the responsibilities of the manufacturer not only when the radio equipment has not been previously placed on the EU market but also when the compliance with the RED essential requirements () of the radio equipment already placed on the EU market, is impacted.

The compliance of a radio equipment, already placed on the EU market, with the RED essential requirements might be impacted if, for example, (i) the relevant instructions that have been provided by the original manufacturer of the radio equipment are not followed or (ii) the original performance, purpose or type of the radio equipment is modified to such an extent that the compliance is impacted.

The safety of domestic power plugs attached to radio equipment (for example to a laptop or television) is governed by the GPSR. Thus Member States may apply their national safety regulations or standards on plugs, even if they are attached to radio equipment.

TAG are radio equipment within the scope of RED and the manufacturer of the TAG is responsible for compliance.

Due to the nature or size of TAGs, CE marking, contact details and other required information may not be affixed on the TAG.

Non-radio products (e.g. passports, credit cards, ring for contactless payment, …) which are tagged, other than the TAG itself (as clarified above), are not radio equipment and do not require CE marking and contact details for the purposes of the RED.

Cabling and wiring are not covered by the RED because they fall out of the scope of the definition of radio equipment.

SDR either as consumer equipment or as a development tool is covered by the RED.

The manufacturer should provide sufficient information on the intended use of the radio equipment so as to allow its use in compliance with the essential requirements.

Such information may need to include a description of accessories such as antennas and of components such as software, and specifications of the installation process of the radio equipment.

SDR manufacturers have to take special care for the compliance with article 10.8 & 10.10 & point 8 of Annex VI RED.