European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations, 2001Made Bythe Minister For Public Enterprise

• Jurisdiction: Ireland
• Citation: IR SI 240/2001
• Year: 2001

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 19991 , hereby make the following regulations:
	Citation	1. These Regulations may be cited as the European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations, 2001.
	Interpretation.	2. (1) In these Regulations —
“apparatus” means any equipment that is either radio equipment or telecommunications terminal equipment or both;
“authorised officer” means a person appointed as an authorised officer under Regulation 15;
“Commission” means the Commission of the European Communities;
“Community” means the European Community;
“Directive” means Directive 1999/5/EC of the European Parliament and of the Council of 9 March 19991 ;
“Director” means Director of Telecommunications Regulation;
“equipment class” means a class identifying particular types of apparatus that under the Directive and these Regulations are considered similar and those interfaces for which the apparatus is designed and any such apparatus may belong to more than one equipment class;
“Minister” means Minister of Public Enterprise;
“notified body” means a body —
(a) which has been appointed in accordance with Regulation 9, or
(b) which has been appointed by any other Member State, and the appointment has been notified by the Member State to the Commission and the other Member States pursuant to Article 11 of the Directive,
to carry out one or more of the conformity assessment procedures laid down in Schedule 3, 4 or 5;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
(3) In these Regulations, unless otherwise indicated —
(a) a reference to a Regulation or Schedule is to a Regulation of or Schedule to these Regulations,
(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs.
	Scope of Regulations	3. (1) These Regulations apply to apparatus which —
(a) incorporates, as an integral part, or as an accessory:
(i) a medical device within the meaning of Article 1 of Council Directive 93/42/EEC of 14 June 19932 , or
(ii) an active implantable medical device within the meaning of Article 1 of Council Directive 90/385/EEC of 20 June 19903 ,
without prejudice to the application of Directives 93/42/EC and 90/385/EEC respectively, and
(b) constitutes a component or a separate technical unit of a vehicle within the meaning of Council Directive 72/245/EEC4 or a component of a separate technical unit of a vehicle within the meaning of Article 1 of Council Directive 92/61/EEC5 of 30 June 1992 without prejudice to the application of Directives 72/245/EEC or 92/61/EEC respectively.
(2) These Regulations shall not apply to equipment listed in Schedule 1.
(3) These Regulations shall not apply to apparatus used exclusively by the Garda Siochana or the Defence Forces or for State security (including the economic well being of the State in the case of activities pertaining to State security matters) and the activities of the State in the enforcement of criminal law.
	Essential requirements	4. (1) Apparatus shall conform to the following essential requirements:
(a) the protection of the health and safety of the user and any other person, including the objectives with respect to safety requirements contained in Directive 73/23/EEC6 , but with no voltage limit applying; and
(b) the protection requirements with respect to electromagnetic compatibility contained in Directive 89/336/EEC.7
(2) In addition, to the requirements for all apparatus set out in paragraph 1, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial and space radio communication and orbital resources so as to avoid harmful interference.
(3) Where the Commission has adopted measures, pursuant to Articles 14 and 15 of the Directive, determining that apparatus within certain equipment classes or apparatus of particular types shall be so constructed that one or more of the following shall apply:
(a) it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the Community;
(b) it does not harm the network or its functioning nor misuses network resources, thereby causing an unacceptable degradation of service;
(c) it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;
(d) it supports certain features ensuring the avoidance of fraud;
(e) it supports certain features ensuring access to emergency services;
(f) it supports certain features in order to facilitate its use by users with a disability;
the apparatus within the scope of the measure adopted by the Commission shall conform to the requirements specified in that measure from the date specified therein.
(4) Notwithstanding other means of complying with these essential requirements, apparatus which meets the relevant harmonised standards or parts thereof, whose reference numbers have been published in the Official Journal of the European Communities shall be presumed to be in compliance with such of the essential requirements referred to in this Regulation as are covered by the said harmonised standards or parts thereof.
(5) Where the Director is of the opinion that conformity with a harmonised standard does not ensure compliance with the essential requirements referred in this Regulation which the said standard is intended to cover, the Director shall bring the matter to the attention of the Telecommunication Conformity Assessment and Market Surveillance Committee.
	Notification and publication of interface specifications	5. (1) With regard to the provision of services, which commence after the making of these Regulations, an operator of a public telecommunications network, over which such services are provided, shall publish and make readily available accurate and adequate technical specifications of interfaces offered by them in the State before services provided through such interfaces are made publicly available.
(2) With regard to the provision of services, which commenced before the making of these Regulations, an operator of a public telecommunications network, over which such services are provided, shall make readily available accurate and adequate technical specifications of interfaces being offered by them in the State at the time of the making of these Regulations and shall publish such specifications within one month of their making.
(3) An operator referred to in this Regulation shall publish any updated specifications as soon as may be after the adoption of any such updates.
(4) An operator referred to in this Regulation shall ensure that publication under the obligations of this Regulation accord with any requirements or instructions specified by the Director, at his or her discretion, from time to time.
(5) The specifications required under paragraphs (1) to (4) shall:
(a) be sufficient in detail to permit the design of telecommunications equipment capable of utilising all services provided through the corresponding interface;
(b) include all the information necessary, including details of changes in existing interfaces specifications, to allow manufacturers to carry out, at their choice, the relevant tests for the essential requirements applicable to the telecommunications terminal equipment.
(6) The Director shall notify to the Commission:—
(a) details of regulated interfaces which have not been notified under the provisions of Directive 98/34/EC8 ;
(b) the types of interfaces offered by operators of public telecommunications networks.
	Placing apparatus on the market	6. (1) A person shall not place on the market apparatus unless the apparatus complies with the appropriate essential requirements mentioned in Regulation 4 when it is properly installed and maintained and used for its intended purpose.
(2) The manufacturer or person responsible for placing apparatus on the market shall ensure that the apparatus is accompanied by the following —
(a) information for the user on the intended use of the apparatus; and
(b) a declaration of conformity in English to the appropriate essential requirements referred to in Regulation 4.
(3) The information required under paragraph (2), which shall be prominently displayed —
(a) in the case of radio equipment, shall be sufficient to identify on the packaging and the instructions for use of the apparatus the Member State or the geographical area within a Member State where the equipment is intended to be used and shall alert the user by the marking on the apparatus referred to in paragraph 5 of Schedule 7, to potential restrictions or requirements for authorisation of use of the radio equipment in certain Member States;
(b) in the case of telecommunications terminal equipment, shall be sufficient to identify interfaces of the public telecommunications networks to which it is intended to connect the apparatus;
(4) Notwithstanding paragraph (1), the display of apparatus, at trade fairs, exhibitions, demonstrations and other similar events, which does not comply with these Regulations is permitted provided that a visible sign clearly indicating that such apparatus may not be marketed or put into service until it has been made to comply, is associated with such apparatus.
(5) Notwithstanding paragraph (1), apparatus placed on the market before the date on which a measure referred to in paragraph (3) of Regulation 4 comes into force can continue to be placed on...