European Union (Radio Equipment) Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 248/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th June, 2017.

I, DENIS NAUGHTEN Minister for Communications, Climate Action and Environment, 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 2014/53/EU of the European Parliament and of the Council of 16 April 20141 , and of giving full effect to Regulation (EC) No 765/2008 of 9 July 20082 hereby make the following regulations:

PART 1

PRELIMINARY

Citation

1. These Regulations may be cited as the European Union (Radio Equipment) Regulations 2017.

Interpretation

2. (1) In these Regulations—

“accreditation” has the meaning assigned to it by Article 2.10 of Regulation (EC) No 765/20082;

“authorised officer” means a person appointed under Regulation 40;

“authorised representative” means a person established within the Union who has received a written mandate from a manufacturer to act on the manufacturer’s behalf in relation to specified tasks;

“CE marking” means a marking by which a manufacturer indicates that the radio equipment is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;

“competent authority” means the body designated as the competent authority under Regulation 6;

“conformity assessment” means the process, in accordance with Regulation 16, demonstrating whether the essential requirements have been fulfilled;

“conformity assessment body” means a person who performs conformity assessment procedures laid down in Schedule 2, 3 or 4;

“Directive” means Directive 2014/53/EU of the European Parliament and of the Council of 16 April 20141;

“direction” means a direction given by the market surveillance authority under Regulation 5(3)(b), 31(4), 34(1), or 35(1)(a);

“distributor” means any person in the supply chain, other than the manufacturer or importer, who makes radio equipment available on the market;

“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

“electromagnetic disturbance” has the meaning assigned to it by Directive 2014/30/EU of the European Parliament and of the Council of 26 February 20143 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast);

“essential requirements” in relation to radio equipment, means essential requirements specified in Regulation 4(1);

“EU declaration of conformity” means a declaration of conformity drawn up in accordance with the requirements of Regulation 17;

“harmful interference” has the meaning assigned to it by the European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2011 ( S.I. No. 333 of 2011 );

“harmonised standard” means harmonised standard as defined in Article 2 (1)(c) of Regulation (EU) No 1025/20124 ;

“importer” means any person established within the Union who places radio equipment from a third country on the Union market;

“making available on the market” means any supply of radio equipment for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

“manufacturer” means a person who manufactures radio equipment or has radio equipment designed or manufactured and markets that equipment under the person’s name or trade mark;

“market surveillance authority” means the body designated as the market surveillance authority under Regulation 30;

“Minister” means Minister for Communications, Climate Action and Environment;

“notified body” means a conformity assessment body whose appointment has been notified to the European Commission—

(a) by the notifying authority in accordance with Regulation 23, or

(b) by another Member State,

and whose appointment has been notified to the European Commission and the other Member States pursuant to Article 22 of the Directive;

“notifying authority” means the body designated as the notifying authority under Regulation 20;

“national accreditation body” means the Irish National Accreditation Board;

“placing on the market” means the first making available of radio equipment on the Union market;

“putting into service” means the first use of radio equipment in the Union by its end-user;

“radio communication” means communication by means of radio waves;

“radiodetermination” means the determination of the position, velocity or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves;

“radio equipment” means an electrical or electronic product, which intentionally emits or receives radio waves for the purpose of radio communication or radiodetermination, or an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit or receive radio waves for the purpose of radio communication or radiodetermination;

“radio interface” means the specification of the regulated use of radio spectrum;

“radio waves” means electromagnetic waves of frequencies lower than 3,000GHz (gigaherz) propagated in space without artificial guide;

“recall” means any measure aimed at achieving the return of radio equipment that has already been made available to the end-user;

“Regulations of 2001” means the European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 ( S.I. No. 240 of 2001 );

“technical documentation” in relation to radio equipment, means technical documentation drawn up in accordance with Regulation 19;

“technical specification” means a document that prescribes technical requirements to be fulfilled by radio equipment;

“Union” means the European Union within the meaning of the European Communities Act 1972 (No. 27 of 1972);

“Union harmonisation legislation” means any Union legislation harmonising the conditions for the marketing of products;

“withdrawal” in Part 6, means any measure aimed at preventing radio equipment in the supply chain from being made available on the market;

(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.

PART 2

SCOPE AND APPLICATION

Application

3. (1) These Regulations apply to radio equipment other than radio equipment specified in Schedule 1.

(2) These Regulations shall not apply to radio equipment used exclusively by the Garda Síochána or the Permanent Defence Force, for the purpose of State security (including the economic wellbeing of the State in the case of activities pertaining to State security matters), and in the activities of the State in the enforcement of criminal law.

(3) Other than as provided by Regulation 4(1)(a), the European Union (Low Voltage Electrical Equipment) Regulations 2016 ( S.I. No. 345 of 2016 ) shall not apply to radio equipment to which these Regulations apply.

Making Available on the Market, Putting into Service and Essential Requirements

4. (1) Radio equipment shall be constructed to comply with the following essential requirements:

(a) to protect the health and safety of persons and domestic animals and to protect property and so to comply (other than in relation to voltage limits) with the safety requirements of the European Union (Low Voltage Electrical Equipment) Regulations 2016;

(b) to have an adequate level of electromagnetic compatibility in compliance with the European Communities (Electromagnetic Compatibility) Regulations 2017 ( S.I. No. 69 of 2017 );

(c) to both effectively use, and support the efficient use of, radio spectrum in a manner that avoids harmful interference.

(2) A person shall make available on the market radio equipment only if it complies with these Regulations.

(3) A person shall put into service radio equipment only if it complies with these Regulations when properly installed, maintained and used in accordance with its intended purpose.

Free Movement

5. (1) Nothing in these Regulations shall impede the making available on the market of radio equipment which complies with these Regulations.

(2) Nothing in these Regulations shall impede the demonstration of radio equipment that does not comply with these Regulations at trade fairs, exhibitions, and similar events provided that a clearly visible sign is displayed at any such trade fair, exhibition or similar event that indicates that the radio equipment concerned—

(a) does not comply with these Regulations, and

(b) shall not be made available on the market or put into service until they so comply.

(3)(a) Not less than 6 weeks before a demonstration, a person intending to demonstrate radio equipment under paragraph (2) shall, by notice in writing, provide to the competent authority information regarding the operational and technical characteristics of the radio equipment together with the measures the person intends to take, in carrying out the demonstration, to avoid harmful interference, electromagnetic disturbances and risk to the health or safety of persons or domestic animals or to property.

(b) Having considered the notice under subparagraph (a) the competent authority may give a direction to the person concerned not to carry out the demonstration or to carry out the demonstration subject to conditions.

(c) The person shall take the measures notified to the competent authority under subparagraph (a) when carrying out the demonstration where the competent authority does not give a direction to the person in relation to the notice.

(d) The person shall not carry out the demonstration, or, as the case may be, shall carry out the demonstration in accordance with the direction, where the competent authority gives a direction to the person under...