The new legislative document provides the obligation of frequency usage licence holders who operate radiocommunication/broadcast stations installed outdoors in built-up areas to submit, upon ANCOM’s request, the results of non-ionizing electromagnetic radiation measurements indicating the value of the cumulated electromagnetic field in the respective site, conducted in accordance with the applicable recommendations of the Committee for Electronic Communications (ECC) of the European Conference of Postal and Telecommunications Administrations (CEPT).

New provisions have been added to complement the legislative framework on electromagnetic compatibility by introducing the definition of devices designed to produce electromagnetic disturbance, also known as (non-radio) jammers. This category covers devices designed and manufactured with the intention of producing electromagnetic disturbance, so as to harm the functioning of other equipment. In Romania, manufacturing, importing, holding, advertising, marketing, putting into operation or using such equipment is prohibited.

Furthermore, the surveillance and control tasks of ANCOM and of the National Authority for Consumer Protection (ANPC) in the market of radio equipment and electromagnetic compatibility were updated and clarified. According to the new legislative provisions, as far as .ro domains and sub-domains are concerned, these institutions may request to the National Institute for Research and Development in Informatics to make available to them data or information that may lead to the identification of the persons who sell radio equipment/devices by means of online platforms. Moreover, according to the new regulations, these institutions now have the power to decide the seizure of jammers.

The obligations of economic agents involved in the supply or distribution chain of radio equipment or devices have also been reviewed.

The documents that economic agents need to make available to the market surveillance authorities to prove the compliance of the radio equipment or devices with the legal provisions can also be in English.

 

Failure to comply with these normative acts will be sanctioned by the competent bodies by fine amounting from RON 500/2,500 to RON 50,000.

 

Government Decision no. 431/2019 amending and completing Government Decision no. 487/2016 on electromagnetic compatibility and Government Decision no. 740/2016 on making available on the market of radio equipment was published in the Romanian Official Journal no. 564 of 9 July 2019 and entered into force on 8 August 2019.

 

Government Decision no. 740/2016 on making available on the market of radio equipment transposes into the Romanian legislation the Directive 2014/53/EU (RED Directive) of the European Parliament and of the Council of 16 April 2014 on the harmonization of the laws of Member States relating to making available on the market of the radio equipment and repealing the Directive 1999/5/EC.

 

Government Decision no. 487/2016 on electromagnetic compatibility transposes Directive 2014/30/EU (EMC Directive) of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of Member States relating to electromagnetic compatibility (recast).

 

Principles or rules provided in Regulation (EC) 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.  

 

The legislative framework on electromagnetic compatibility and making available on the market of radio equipment has been posted on ANCOM’s website, here.