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Whether to facilitate emergence response, encourage your adventuring spirit or supporting improved lifestyle options; radio equipment technologies play a continually broadening role in our everyday lives.
Until the publication of the Radio Equipment Directive 2014/53/EU on April 16, 2014 and the subsequent 2 year transition period, the Radio Equipment & Telecommunications Terminal Equipment 1999/5/EC was the reigning legal framework for radio equipment products. From June 13, 2016, the Radio Equipment Directive 2014/53/EU became fully applicable in the EU as the main legal framework for radio equipment products.
Any product placed and made available on the EU Market (either through e-commerce or brick-and-mortar) must comply with the Radio Equipment Directive. Non-EU manufacturers wishing to make their products available to EU citizens must appoint a European Authorized Representative. Products which fail to comply may be subject to public notification (RAPEX), withdrawal requirements, warehousing fees, fines or total destruction of the products.
FAQ: What is Radio Equipment?
Radio equipment is defined as 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.
FAQ: What is a Manufacturer?
A manufacturer is any natural or legal person who manufactures radio equipment or has radio equipment designed or manufactured, and markets that equipment under his name or trade mark.
The Directive 2014/53/EU (Radio Equipment Directive) of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating the making available on the market of radio equipment is entered into force on the 13th of June 2016 replacing the former R&TTE Directive 1999/5/EC on Radio and Telecommunications Terminal Equipment with a transition period of 1 year from the date of adoption.
The New Radio Equipment Directive (RED Directive) requires equipment to be constructed for efficient use of the radio spectrum so as to avoid harmful interference with terrestrial and orbital communications. Therefore, the RED Directive lays down the essential requirements to ensure a high level of protection of public interest.
All equipment using the radio spectrum to communicate falls within the scope of the RED Directive. The RED Directive applies to all radio equipment being placed on the market in the EU with the exception of:
With the aim to be in line with the current state of art in the radio-using equipment, the new directive:
Conformity assessment procedure
When the Harmonized standards are not applied in full the manufacture must follow the conformity assessment route set out in the Annex III or Annex IV.
In case of radio equipment affected by a low levels of compliance, a prior registration of radio equipment within specific categories is foreseen as measure to improve the market surveillance. By means of implementing acts the Commission will identify the categories of products that require registration and which documentation must be created in relation to them. It is anticipated that the central registry will be made available by the Commission from June 12, 2018 onward.
In the Radio Equipment Directive, two sorts of essential requirements are defined:
The manufacturer puts together the technical documentation which makes it possible to assess whether the radio equipment complies with the requirements of the directive. It contains at least the elements set out in the Annex V.
Non-compliant products enter the EU Market everyday – whether manufacturer knowingly does so or due to a lack of control from the EU importer/distributor on the compliance requirements of products.
Each Competent Authorities of Member State focus on conducting systematic surveillance of products which are being made available on the market. This can include pulling products off of shelves, stopping products at customs or even deploying bots online to identify non-EU based e-commerce shops which mention that they ship to the EU Market. In the case that a product is found to be non-complaint, the main consequences include, but are not limited to:
The professionalism and expertise of the appointed Authorized Representative in dealing with various Competent Authorities and handling post-market surveillance case play a vital role in the successful recovery of your brand in the EU Market.
It is the responsibility of the manufacturer to continue to collect information related to use of their products after they have been made available to consumers as well as to ensure that they continue to be compliant as the legislation applicable to their products evolves. Post-marketing surveillance activities include, but are not limited to:
Working with a professional Authorized Representative will help to ensure that the necessary actions are taken to ensure continued compliance and proper post-market surveillance.