24.11.2016
On 22 November 2016, Government Decision no. 740/2016 on making available radio equipment on the market entered into force, transposing the new European provisions in the field into the Romanian legislation. The decision lays down new rules for the economic agents involved in the supply or in the distribution chains of such equipment, providing clearer definitions of the obligations incumbent on manufacturers, their authorised representatives, the importers and the distributors of radio equipment.
What is radio equipment?
Radio equipment means 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. For example, radio communication stations of any type, modules or parts of equipment transmitting in a certain radio frequency band, wireless routers, as well as sound and TV broadcasting receivers or GPS devices.
Provisions of the new legislative framework
In the context of the rapid technological development, a legislation review was needed in order to provide for the efficient use of radio frequencies, for interoperability with other radio equipment on the networks, as well as for connecting with radio interfaces that are standardized on the European level.
The adopted decision establishes the essential requirements which any piece of radio equipment manufactured, placed on the market or made available on the market must comply with, the conditions to be observed by product conformity assessment bodies, as well as measures regarding the framework for the equipment market surveillance and control.
In addition to the essential requirements, the new legislative framework provides rules on CE marking, requirements on identifying radio equipment traceability (who is the manufacturer, who is the distributor/reseller etc.).
According to the normative act, the Ministry of Communications and Information Society (MCSI) has been designated as the national notifying authority responsible for the assessment and notification of conformity assessment bodies and for the monitoring of notified bodies.
The National Authority for Management and Regulation in Communications (ANCOM) and the National Authority for Consumer Protection (ANPC) are the institutions responsible for implementing the legislation in force in the fields of radio equipment and of the radio equipment market surveillance and control. ANCOM’s surveillance and control activity focuses on the conformity o the radio equipment placed on the market, made available on the market or put in operation by business end-users, whereas ANPC is in charge of the surveillance and control activities focused on the conformity of radio equipment belonging to residential end-users.
Economic agents’ obligations
The legislative act clarifies the obligations of economic agents – manufacturers, their authorised representatives, importers and distributors, as well as those of radio equipment users, and of radio communication station operators. Further details on each category’s obligations are available here.
Sanctions
The bodies in charge sanction breaching the provisions of this normative act by fines amounting from RON 500 to RON 50,000.
Brief legislative history
Government Decision no. 740/2016 transposes into the national legislation Directive 2014/53/UE (RED Directive) of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC. Principles or rules from the Regulation (CE) no. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 are also applicable. Government Decision no. 740/2016 repeals Government Decision no. 130/2015 radio equipment and electronic communications terminal equipment and the mutual recognition of their conformity, published in the Romanian Official Journal, Part I, no. 202 of 26 March 2015.Â
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