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Rules for making available on the market of radio equipment

15.06.2017

 

ANCOM organized a meeting for informing the relevant industry on the new conditions for placing radio equipment on the market, taking into account the fact that, as of 13 June 2017, radio equipment placed on the Romanian market must fully comply with the provisions of Government Decision no. 740/2016 on making available on the market of radio equipment, which transposes Directive 2014/53/EU (RED Directive).

 

What radio equipment is

‘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 same purpose. This category includes, for example, radiocommunications stations of any type, modules or parts of apparatus operating in a certain radio frequency band (walkie-talkie), wireless routers, TVs, radio sets or Global Positioning System (GPS) equipment.

Legal background

Before 13 June 2017, radio equipment placed on the Romanian market could comply either with the essential requirements provided in Government Decision no. 130/2015 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, or with the provisions of Government Decision no. 740/2016 on making available on the market of radio equipment, this being a transitory situation. After this date, radio equipment to be placed on the Romanian market will have to fully satisfy the provisions of the former normative act, which transposes Directive 2014/53/EU on radio equipment (RED Directive) into the national legislation.

In this context, ANCOM came forward, offering detailed information and clarifications regarding the legislative framework to the main economic agents on the radio equipment market in Romania.

Main provisions of Government Decision no. 740/2016

The normative act establishes new rules for the economic agents involved in the radio equipment supply and distribution chain, clarifying the obligations incumbent on manufacturers, their authorised representatives, importers and distributors.

The legislative document establishes the essential requirements for all the radio equipment manufactured, placed on the market or made available on the market, the conditions to be observed by conformity assessment bodies, as well as measures on the framework for the surveillance and effective control of the radio equipment market.

In addition to the essential requirements, the new legislative framework provides rules on applying the CE marking, requirements regarding the traceability of radio equipment (who manufactured a piece of equipment, who sells it etc.).

What radio equipment instructions should contain

Other important provisions of Government Decision no. 740/2016 refer to the usage instructions accompanying the radio equipment available on the Romanian market, which must be written in Romanian, must be clear, accessible, understandable and relevant and should contain the necessary information for the radio equipment to be operated in accordance with its intended use. Moreover, such instructions should specify the frequency band or bands in which the respective piece of equipment operates, as well as its emission power. A piece of equipment or its package/usage instructions must bear or specify the name, registered trade name or registered trade mark and the postal address of the manufacturer and, when the radio equipment is manufactured outside the European Union, of the importer. All radio equipment must be accompanied by a copy of the EU declaration of conformity or by the simplified EU declaration of conformity, both written in Romanian.

Sanctions

Breaching the provisions of this normative act will be sanctioned by the competent bodies, by sanctions amounting from RON 500/2,500 to 50,000.                                                          Â