Directive 1999/5/EC on radio and telecommunications terminal equipment, is intended to be repealed by Directive 2014/53/EU. The new Directive 2014/53/EU was published on the official journal of the European Union on April 16th 2014 and will enter into force on June 13th 2016. The new Directive will be pivotal towards achieving a unified internal market in the area ofradio and telecommunications terminal equipment.
According to the EU Commission Press Release (http://europa.eu/rapid/press-release_IP-14-261_en.htm), Changes in the new directive include:
- A clearer requirement that radio receivers achieve a minimum level of performance so as to contribute to an efficient use of radio spectrum;
- Clear obligations for manufacturers, importers, distributors & authorized representatives;
- Improved instruments for market surveillance;
- Unnecessary administrative obligations will be removed (such as the pre-market notificationof radio equipment using non-harmonized frequency bands);
- Ensure compliance of software in combination with radio equipments;
- The possibility to require mobile phones and other portable devices to be compatible with a common charger (!)
Impact on the Authorized Representative
Directive 2014/53/EU provides the following definition (Article 2.13) for the authorized representative – ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;
According to the Directive, the mandate with the authorized representative must allow him to do at least the following (Article 11):
- Keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the radio equipment has been placed on the EU market;
- Further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the compliance of radio equipment;
- Cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by radio equipment;
The Directive intended to repeal the current 1999/5/EC Directive will reduce the interference usage between radio equipments and will increase the growing numbers of users. Manufacturers, importers, distributors and authorized representatives will have to respect a set of clear obligations so as to ensure compliance. Finally, the alignment of radio equipment rules with other product legislations will lower compliance costs.
If you would like to know more on the new R&TTE Directive, please contact us.