(fra kommisjonsforordningen)

(1) Directive 2014/53/EU establishes a regulatory framework for the making available on the market and putting into service in the Union of radio equipment. Article 3 of that Directive sets out the essential requirements with which radio equipment placed on the Union market is to comply. 

(2) Commission Delegated Regulation (EU) 2022/308 rendered the essential requirements set out in Article 3(3), first subparagraph, points (d), (e) and (f), of Directive 2014/53/EU applicable from 1 August 2025 to certain categories or classes of radio equipment, due to concerns that those categories or classes of radio equipment did not ensure protection against cybersecurity risks. Those essential requirements are associated with the protection from harm to the network, protection of personal data and privacy of users and of subscribers, and protection from fraud. They are therefore associated with elements that support protection against cybersecurity risks. 

(3) Regulation (EU) 2024/2847 of the European Parliament and of the Council9 sets out horizontal cybersecurity requirements for products with digital elements, as specified in its Article 2 thereof. It ensures a harmonised regulatory framework and legal certainty for users, organisations and businesses, including microenterprises and small and medium-sized enterprises. The essential cybersecurity requirements set out in Annex I to Regulation (EU) 2024/2847 include all the elements of the essential requirements referred to in Article 3(3), points (d), (e) and (f), of Directive 2014/53/EU. 

(4) Therefore, in order to ensure legal certainty, and to prevent radio equipment covered by Delegated Regulation (EU) 2022/30 from being simultaneously subject to requirements also concerning cybersecurity set out in Regulation (EU) 2024/2847, it is necessary to repeal Delegated Regulation (EU) 2022/30 with effect from the date from which Regulation (EU) 2024/2847 applies in full. 

(5) The repeal of Delegated Regulation (EU) 2022/30 does not affect the Union market surveillance and control, under Directive 2014/53/EU, of the compliance of radio equipment with the essential requirements set out in Article 3(3), first subparagraph, points (d), (e) and (f), of that Directive, if that radio equipment was or is placed on the Union market between 1 August 2025, from which date those requirements apply in accordance with Delegated Regulation (EU) 2022/30, and 10 December 2027, the day before Regulation (EU) 2024/2847 applies, and was subject to any of those essential requirements. 

(6) The Commission has carried out appropriate consultations during the preparatory work of this Regulation and has consulted the Expert Group on Radio Equipment,