FAQs – Radio Equipment Directive (RE-D)
Q- What is the objective of the RE-D?
The Radio Equipment Directive (2014/53/EU) was adopted in 2014 and Member States had to transpose it into their national law before 13 June 2016. It revises the Directive on Radio and Telecommunication Terminal Equipment (1999/5/EC) and sets down requirements on safety, health protection and electromagnetic compatibility. It also ensures the efficient use of radio spectrum and provides the basis for further regulation governing some additional aspects (e.g. access to emergency services, interoperability, safeguards to ensure the protection of privacy and personal data). The Directive applies to radio equipment, such as domestic television and radio sets, mobile phones as well as Wi-Fi, Bluetooth and GPS or other satellite transceivers. The aim is to provide an open market for telecoms products and allow equipment which has been approved for use in one EEA country to be made available in any other.
Q-Which equipment falls within the scope of RE-D?
- Televisions and radio receivers, which were not covered by the R&TTED, now fall within the scope of the RE-D. Equipment operating below 9 kHz also now falls within the scope.
- Radio-determination equipment is now clearly included in the RED.
- Any other radio equipment which was under the R&TTED, with the exception of fixed line terminal equipment and custom built evaluation kits, falls under the RED.
Q-Will the EU withdraw radio equipment from the market because of the change of legislation from R&TTE to RED?
The EU does not withdraw products from the market. The Member States are in charge of market surveillance. In any case, once equipment is placed on the EU market, it can remain on the market even if the legislation changes in the meantime. This is a general rule of the Internal Market and full guidance is given in the ‘Blue Guide’. Independently from the availability of or the compliance with standards, the National Market Surveillance Authorities can always withdraw products from the market for justified reasons (e.g. they pose a risk to the safety of the users or the consumers). The rules on withdrawal of equipment in case of risks are specified in the RE-D. National Market Surveillance Authorities, not the Commission, are responsible for enforcing these rules.
Q-What are harmonised standards for?
The application of harmonised standards is voluntary. They are used to demonstrate that products, services, or processes comply with relevant requirements of the EU legislation. However, manufacturers can use any technical specification to demonstrate that the radio equipment complies with all necessary requirements, upon their own responsibility. The essential performance requirements and use of radio spectrum laid down in Articles 3.2 and 3.3 must, however, be certified by a Notified Body, if alternative specifications are applied. The list of notified bodies can be found on the Commission website. The manufacturer can give assurance that the equipment meets the safety and health and electromagnetic compatibility requirements laid down in Article 3.1 by showing conformance to harmonised standards, but there is always the option to use alternative technical specifications. In such a case, the manufacturer assumes the risk if a product subsequently presents a risk to anybody.
Q-Can manufacturers apply draft standards or other specifications that have not been published as harmonised standards?
Under the RE-D, it is allowed. It is important that the manufacturer demonstrates in the technical documentation that the radio equipment is compliant with EU legislation/the RE-D. In this case, the manufacturer must follow a conformity assessment procedure which involves a notified body as explained above.
Q-Who develops harmonised standards?
The European Standardisation Organisations (ESOs) develop harmonised standards on the basis of a request from the Commission. The ESOs are the European Committee for Standardisation (CEN), the European Committee for Electro-technical Standardisation (CENELEC) and European Telecommunications Institute (ETSI). The standardisation organisations are private bodies, composed of industry experts and other stakeholders, and are fully independent from the Commission.
Q-Can manufacturers use harmonised standards of the R&TTE to demonstrate compliance with the RED?
Not in all cases. Harmonised standards of the old R&TTE Directive may not fully address the essential requirements of the new RE-D. The references of the old harmonised standards of the R&TTE that fully address the essential requirements of the RE-D have already been published under the RE-D list.
Contact 360Compliance Experts for more Information on RED requirements
Source: European Commission
