Attention (Online) Distributors: New labelling requirements in accordance with the RED
New labelling requirements for electronic devices such as mobile phones, tablets & more
With Directive (EU) 2022/2380 of the European Parliament and of the Council from 23 November 2022, amending Directive 2014/53/EU on the harmonisation of the laws of the Member States relating to the making available of radio equipment on the market, the legislator has introduced an expanded obligation programme for distributors of electronic devices such as mobile phones, tablets, and others. From 28 December 2024, or 28 April 2026 for laptops, two new labelling elements must be used to inform whether a power charging device is included in the package and which charging device is compatible.
Affected are "radio equipment," meaning electronic devices with radio functionality, listed in Annex Ia Part I of Directive 2022/2380: portable mobile phones, tablets, digital cameras, headphones, headsets, portable video game consoles, portable speakers, e-readers, keyboards, mice, portable navigation systems, earphones, and laptops.
What are the new requirements?
Pictogram indicating whether a charging device is included with the radio equipment: According to § 4a(2) FuAG, distributors must ensure that information about whether a power charging device is included in the package is displayed using a pictogram as specified in Annex Ia Part III of Directive (EU) 2022/2380. The pictogram must be clearly visible and legible, printed on the packaging, or affixed as a sticker. In the case of online sales, it must be displayed near the price. A link leading to an external display of the pictogram is not sufficient.
Note: According to § 4a(1) FuAG, distributors are required to offer consumers and other end-users the option to purchase the radio equipment without a charging device if it is also available with one.
Label with information about the charging function and compatible charging devices: Additionally, according to § 14(6) FuAG, distributors must ensure that the radio equipment comes with a label that provides information about the device's charging function and compatible charging devices. The label must be clearly visible and legible, and in the case of distance selling, it must be located near the price. The exact design of the label is defined in Annex Ia Part IV of Directive (EU) 2022/2380.
When do the new requirements take effect?
The new requirements apply according to Art. 38(2) FuAG from 28 December 2024, except for laptops. For these devices, the new obligations will only apply from 28 April 2026.
What are the consequences of non-compliance?
Failure to comply with the requirements can lead to corrective actions by the relevant supervisory authority, including a sales ban. As these obligations are considered market conduct rules, violations may also be prosecuted as a breach of competition law under § 3a UWG and may result in warnings or penalties.
