Launch compliance
What a battery-powered handheld with WiFi/Bluetooth needs before it can be
sold in Italy and the EU. Costs and lead times are estimates until a lab
quote replaces them in scripts/business/costs.yaml.
Nothing started. Costs below are estimates. The list comes from the EU regulations named in each row. A notified test lab confirms which standards apply to the final product.
Product (CE marking)
| Obligation | Rule | What it means for us | Done |
|---|---|---|---|
| Radio equipment | RED 2014/53/EU | The ESP32-S3 module is pre-certified, but the finished console is a new radio product and needs its own assessment: radio (EN 300 328, partly covered by the module's reports), EMC (EN 301 489-1/-17), safety (EN 62368-1) and RF exposure (EN 62479). RED covers safety at any voltage, so the Low Voltage Directive does not apply on its own (the battery is far below 75 V DC). | ☐ |
| Radio cybersecurity | RED delegated act 2022/30, EN 18031-1, in force since 1 Aug 2025 | Applies to a radio device that can reach the internet (our WiFi file server). Self-assessment is allowed only if EN 18031-1 is applied in full and no restriction of Decision (EU) 2025/138 hits us. The one that matters: if the web UI has a password, the user must not be able to skip it. Otherwise a notified body is needed. Espressif supplies pre-filled templates for the chip's part. | ☐ |
| Hazardous substances | RoHS 2011/65/EU | Supplier declarations for the PCBA, display, battery and cables. | ☐ |
| Chemicals | REACH 1907/2006 | SVHC declaration from the suppliers. | ☐ |
| Common charger | Directive (EU) 2022/2380 | Handheld consoles must charge over USB-C (ours does). Sell without a charger, with the required label. | ☐ |
| Battery | Regulation (EU) 2023/1542 | Battery label and CE. User-removable and replaceable from Feb 2027, which affects the enclosure. | ☐ |
| Battery transport | UN 38.3 + MSDS | Test summary from the cell supplier, needed by every courier for lithium cells. | ☐ |
| General safety | GPSR (EU) 2023/988 | Technical file, a responsible economic operator in the EU, traceability (batch number), user manual and safety warnings in Italian. | ☐ |
| Toys | Toy Safety Directive 2009/48/EC | Not a toy if it is designed and sold for ages 14+. Marketed to children, it would need EN 71 and EN 62115 tests too. Box, shop and manual say 14+. | ☐ |
| Declaration | all the above | EU Declaration of Conformity and the CE mark on the product, box and manual. | ☐ |
Registrations in Italy
| Obligation | Rule | What it means for us | Done |
|---|---|---|---|
| WEEE (RAEE) | D.Lgs. 49/2014 | Register as a producer in the national AEE register (via the Chamber of Commerce) and join a take-back scheme. Crossed-out bin on the product. | ☐ |
| Batteries | D.Lgs. 188/2008 and Reg. 2023/1542 | Register as a battery producer (the battery is placed on the market inside the console) and join a scheme. | ☐ |
| Packaging | CONAI, D.Lgs. 152/2006 | Join CONAI and add environmental labelling on the box. | ☐ |
| Consumer law | Codice del Consumo | 14-day withdrawal right, 2-year legal guarantee, pre-contract information on the shop. | ☐ |
What it costs
Estimates until two lab quotes replace them in scripts/business/costs.yaml
(one_off, kind: compliance). The registration fees are the Chamber of
Commerce figures.
| Item | Lab in Italy / EU (EUR) | Range | Lab in China (EUR) | Without WiFi in the firmware |
|---|---|---|---|---|
| Pre-compliance scan | 800 | 500-1 000 | 200 | same |
| EMC + radio tests | 4 000 | 3 000-6 000 | 1 200 | same |
| RF exposure (EN 62479) | 500 | 300-800 | 200 | same |
| Safety report (EN 62368-1) | 2 500 | 1 500-3 500 | 700 | same |
| Cybersecurity (EN 18031-1, self-assessment) | 1 500 | +3 000-8 000 with a notified body | 800 | 0, if the lab confirms it does not apply |
| RoHS / REACH | 300 | supplier declarations, spot XRF | 150 | same |
| Samples shipped to the lab | 0 | 100 | same | |
| RAEE + battery registers (Italy) | 230 | 46 + 184, once | 230 | same |
| Declaration, technical file, Italian manual, labels | 500 | our work + translation | 500 | same |
| Total | ~10 300 | ~7 000 to ~22 000 | ~4 100 | Italy ~8 800, China ~3 300 |
The China column is a rough estimate from the price gap between EU and Chinese labs; only quotes make it real. The model uses the Italy/EU column. Registrations and the technical file cost the same wherever the tests are done, because they are Italian obligations and our own work.
Every year after that: the WEEE and battery take-back scheme, CONAI and
product liability insurance (monthly_fixed).
What keeps it low:
- The module's own radio reports cover most of EN 300 328.
- The cell supplier provides the cell's EN 62133-2 and UN 38.3 reports.
- The pre-compliance day finds problems before the paid test.
- A web UI whose password cannot be skipped avoids the notified body.
- The test happens once the design is frozen. Changing the PCB, the display or the battery afterwards means retesting.
Spreading the cost. The reports cover one hardware design, so the cost is spread over the units of that design:
- About 12 EUR per console over 850 units (pessimistic case, three years).
- About 5 EUR per console over 2 200 units (base case).
- One CE file covers the whole EU: selling outside Italy spreads it further.
In the books, the ordinary regime and the SRL deduct it over up to 5 years
(one_off_amortization_years, chosen with the commercialista). The
forfettario deducts nothing. Per-scenario figures:
Business plan.
When, and how to pay less
Before the first sale. CE marking is due before the first unit is placed on the market in Italy, even a single one. There is no grace period and no way to spread the testing over the years. What can be spread:
- In the books: the ordinary regime and the SRL deduct the cost over up to 5 years (see above).
- With customers' money: pre-orders or crowdfunding can be collected before testing and pay for it. The consoles ship only after the CE marking.
- Before CE: a prototype can be shown at fairs and events marked "not for sale". It can be sold as a development kit to professionals for research, never to consumers.
- After CE: the reports hold until the hardware changes. A new PCB, or a different display or battery model, means testing again, at least in part. Certify the final revision.
Lowering the cost on the current hardware:
- Self-declaration (Module A). No notified body is needed: the manufacturer applies the harmonised standards and keeps the evidence in the technical file. The law asks for conformity and proof of it, not for an accredited lab. In practice radio and EMC still need lab equipment.
- A lab in China. Many test to the EU standards for 1 500-3 000 EUR in total, against 7 000-10 000 EUR in Europe. The report is valid if the standards are the right ones. Choose a lab accredited to ISO 17025; the responsibility stays ours.
- The module's reports. Espressif's ESP32-S3 module reports cover most of the radio part, but only when the module is fitted as Espressif requires: antenna clear of copper. The current board breaks that rule (copper under the antenna, the same cause as the weak WiFi), so the next revision should fix it before testing.
- Pre-checks at home. A near-field probe and an SDR receiver (100-200 EUR) find emissions before the paid test, so it runs once.
- No WiFi in the firmware we sell. Without the file server and network updates, the console probably cannot reach the internet. EN 18031 then no longer applies, which saves 1 500 EUR or more. Get the lab's written confirmation. The radio tests stay, because the radio is in the chip.
With these steps the S3 console's certification is about 3 000-5 000 EUR instead of about 10 000.
Radio turned off is still radio equipment. RED looks at the hardware. WiFi and Bluetooth are inside the ESP32-S3, firmware can switch them back on, and ours is open: anyone can flash Retro-go with WiFi on. The S3 has no fuse that removes the radio for good. Turning the radio off saves the cybersecurity part only.
No radio chip. Only a processor without a radio takes the product out of RED. Then it needs EMC, RoHS, the battery rules, GPSR and the registrations, but no radio, RF exposure or cybersecurity tests:
| ESP32-S3 (today) | No radio (e.g. ESP32-P4 alone) | |
|---|---|---|
| Directive | RED | EMC + general safety |
| Radio, RF exposure, EN 18031 tests | needed | not needed |
| Certification, EU lab | ~10 000 EUR | ~4 000-5 000 EUR |
| Certification, lab in China | ~3 000-5 000 EUR | ~1 500-2 500 EUR |
The price: no WiFi file transfer, no network updates, no Bluetooth pads. USB and the SD card take their place. It also means a new board and a firmware port, see Plan A: no radio chip.
What can be done in China
| Task | In China? | Why |
|---|---|---|
| Radio, EMC, safety, RF exposure tests | yes | A test report is valid in the EU when it applies the EU harmonised standards. Check the lab's ISO 17025 accreditation (CNAS, in the ILAC scheme) and that the report number can be verified with the lab. |
| Battery UN 38.3, EN 62133-2, MSDS | yes | They come from the cell supplier. |
| RoHS / REACH declarations, XRF | yes | From the suppliers, or from the same lab. |
| Production, assembly, final test, box | yes | JLCPCB or an assembler can ship finished consoles (HS 9504.50, 0% duty, 22% import VAT). |
| Labels and manual | yes, written by us | Printed there, in Italian, with our name and address. |
| EU Declaration of Conformity, CE marking | no | We sign it: whoever sells under their own name is the manufacturer, even when JLCPCB builds the board. |
| Technical file | no | We keep it for 10 years and hand it to market surveillance on request. |
| Economic operator in the EU | no | GPSR and Reg. (EU) 2019/1020 need one in the EU: us, as the importer. |
| RAEE, battery, CONAI registrations | no | Italian registers, through the Chamber of Commerce. In every other EU country with direct sales: its own WEEE and battery registration, often through a paid local representative. |
| Company, VAT, trademark | no | Italy and EUIPO. |
Watch out for "CE certificates". Many Chinese suppliers sell a "CE certificate" from a body that is not notified. It has no legal value. What counts is the test report and our Declaration of Conformity.
Content and brand
- No ROMs or BIOS in the firmware, on the bundled SD card or in downloads. Only free or licensed titles may be bundled, under their own licences (Freedoom, OpenTyrian).
- Name and art. The name, logo and photos must not use console makers' trademarks or game art. Register our own mark (EUIPO, one class about 850 EUR).
- Software licences. Retro-Go is GPLv2, and so are several of its cores. Selling the console means shipping the source, or a written offer for it, for the firmware we distribute. Some cores (Snes9x, MAME 0.37 for CPS1/Neo Geo, Musashi 3, fMSX, Wolf3D, the N64 ports) forbid commercial use and must be removed or replaced first: see Software licences.
Order of work
- Freeze the hardware revision that will be sold. Every change after testing means retesting.
- Get quotes from two labs (RED + EN 18031 + safety). Write the cheapest
complete one into
costs.yamlasreal. - Make the firmware changes EN 18031 needs, before testing.
- Do the registrations (WEEE, batteries, CONAI) once the company exists, before the first sale.