European Union (Radio Equipment) (Amendment) Regulations 2024

• Jurisdiction: Ireland
• Year: 2024
• Citation: IR SI 30/2024

STATUTORY INSTRUMENTS

S.I. No.30of2024

European Union (Radio Equipment) (Amendment) Regulations 2024

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Articles 3, 4, and 5 of Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 1, and for the purpose of giving effect to that Directive as amended by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 2, Directive (EU) 2022/2380 of the European Parliament and of the Council of 23 November 2022 3and Commission Delegated Regulation (EU) 2023/1717 of 27 June 2023 4, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Radio Equipment) (Amendment) Regulations 2024.

2. In these Regulations “Principal Regulations” means the European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017).

3. Regulation 2(1) of the Principal Regulations is amended -

(a) by the substitution of the following definition for the definition of “Directive”:

“ ‘Directive’ means Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 1as amended by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 2, Directive (EU) 2022/2380 of the European Parliament and of the Council of 23 November 2022 3and Commission Delegated Regulation (EU) 2023/1717 of 27 June 2023 4;”, and

(b) by the substitution of the following definition for the definition of “essential requirements”:

“ ‘essential requirements’, in relation to a category or class of radio equipment, means the essential requirements applicable to the category or class of radio equipment by virtue of paragraph (1), (4), (5) or (6) of Regulation 4, as the case may be;”.

4. Regulation 3(1) of the Principal Regulations is amended by the substitution of “Subject to Regulation 3A, these” for “These”.

5. The Principal Regulations are amended by the insertion of the following Regulation after Regulation 3:

“Application of specified provisions

3A. (1) The specified provisions shall apply -

(a) from 28 December 2024, in so far as they relate to the categories or classes of radio equipment referred to in Part I, points 1.1 to 1.12 of Annex Ia to the Directive, and

(b) from 28 April 2026, in so far as they relate to the categories or classes of radio equipment referred to in Part I, point 1.13 of Annex Ia to the Directive.

(2) In paragraph (1) “specified provisions” means -

(a) the definition of “essential requirements” in Regulation 2(1), in so far as it relates to an essential requirement applicable by virtue of paragraph (5)(a)(ii) or (6) of Regulation 4,

(b) Regulation 4(5)(a)(ii),

(c) Regulation 4(6),

(d) Regulation 4A,

(e) paragraphs (2)(h)(vi), (2A), (2B), (2C), and (2D) of Regulation 9,

(f) the amendment of Regulation 31(1) effected by the European Union (Radio Equipment) (Amendment) Regulations 2024 (S.I. No. 30 of 2024), and

(g) such other provisions of these Regulations as relate to the provisions referred to in subparagraphs (a), (b), (c), (d), (e), and (f) in so far as they so relate.”.

6. Regulation 4 of the Principal Regulations is amended by the insertion of the following paragraphs after paragraph (3):

“(4) A category or class of radio equipment specified by a delegated act adopted under Article 3(3) of the Directive to be concerned by an essential requirement referred to in paragraph (5) shall, while the delegated act is in force, be constructed to comply with the requirement.

(5) The essential...