The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

Contents

Introduction

The Draft Regulations

Annex A

Annex B

Additional Information

1.    Section (2)2 of the European Communities Act 1972 provides the means of transposing EC directives into UK law by Statutory Instrument. This consultation document introduces draft UK legislation to transpose the Radio Equipment and Telecommunications Terminal Equipment ("RTTE") Directive, 99/5/EC.

A recently updated version of the "Guide to the Implementation of Directives based on the New Approach and the Global Approach" (sometimes referred to as the "Vade Mecum"), prepared by the European Commission, gives background information which may be helpful, and is available at: http://www.eotc.be/News/EC/EC_Guide/Index.htm

2. The draft Regulations will be revised in the light of comments received, before they are made and laid before Parliament. The new legislation is intended to take effect from 8 April 2000.

3. The Department of Trade and Industry would welcome your views on the attached draft Regulations. Please note: we are looking for comments on the draft Regulations and how they transpose the Directive, not on the requirements of the Directive itself.

4. In making your comments, please:

5.    It is requested that, wherever possible, comments be submitted in electronic form together with a backup copy in the form of paper/fax.

Electronic comments should preferably be sent by e-mail but will be accepted on 3.5 inch IBM PC formatted diskette. The file format used should be either plain text or readable by Microsoft Word for Windows Version 6/95 with a minimum of page formatting.

Where the comments concern radio equipment, an additional copy of the comments should be sent to:

Further copies of this document, the draft Regulations, and the RTTE Directive can be obtained in electronic form from the DTI website (http://www.tapc.org.uk) or by e-mail from andrew.thomas@ciid.dti.gov.uk. Where electronic access is not possible please contact:

6. In considering proposals for new or amending Regulations the Government seeks views from business on what it believes the likely impact of the Regulations will be. To measure the impact a Regulatory Impact Assessment, incorporating a Compliance Cost Assessment, is produced for all UK and European Community regulatory proposals affecting business, which is made available to the public on request.

To aid the production of this assessment, it would be helpful if you could comment on the likely savings or any other cost implications which you believe would be likely to arise for your organisation as a result of the proposals in this document. It would be helpful if you could outline the areas where the main costs and benefits (broken down for each area into recurring and non-recurring costs at current prices) might occur for you as a result of the proposed implementation of the Directive. It would also be helpful if you could give the total recurring costs and total non-recurring costs as a percentage of your annual turnover.

It should be noted that the definition of "telecommunications terminal equipment" under the RTTE Directive differs from that which applies under the "TTE" Directive (Directive 98/13/EC).

7. Organisations that are interested in being appointed as notified bodies under the RTTE Directive should send a formal request for consideration, with justification, to:

8. Responses that are:   

should be sent so as to arrive at the relevant addresses above by 7 January 2000.

The confidentiality of any information sent to DTI will be respected provided it is clearly marked "In Commercial Confidence".

Contents

The Draft Regulations

Summary of proposals

1.    With certain specific exclusions, the RTTE Directive brings radio equipment and telecommunications terminal equipment within the scope of a single measure, defining the essential requirements, and the procedures for conformity assessment, placing on the market, and bringing into service. The Directive aims to provide the European radio and terminal equipment industry with a more deregulated environment than at present - the time and cost of approving and placing new terminals products on the Community market should be greatly reduced by it.

It should be noted that the definition of "telecommunications terminal equipment" under the RTTE Directive differs from that which applies under the "TTE" Directive (Directive 98/13/EC).

2. The involvement of third parties in conformity assessment is not necessary in most cases. The person who places equipment on the market will, in general, be regarded as taking full responsibility for its conformity to essential requirements, and for properly informing users as to its application. Only in the case of radio equipment for which harmonised standards are not available, or are not used, is it mandatory to consult a notified body.

3. For radio equipment using frequency bands whose use is not harmonised throughout the European Community, advance notice of placing on the market must be given to the national spectrum management authorities of the countries in which the equipment is placed on their national market. In the United Kingdom, this will be the Radiocommunications Agency.

4. The existing UK and European type approval regimes for radio equipment and telecommunications terminal equipment will end on 7 April 2000. Manufacturers can place equipment on the market which conforms to the new regime from 8 April 2000. Notwithstanding this, equipment approved before this date may continue to be placed on the market until 7 April 2001. Thereafter all individual items of equipment placed on the market must conform to the requirements of the new regime.

5. This draft Statutory Instrument is to be made under Section 2.2 of the European Communities Act 1972.

6. The text of the draft Regulations follows that of the RTTE Directive wherever possible and appropriate. This approach has been taken in recognition that the text of the Directive might be open to interpretation in more than one way. A European committee - the Telecommunication Conformity Assessment and Market Surveillance Committee (TCAM) - assists the Commission in the application of this Directive. Differences in interpretation will be aired in TCAM and may result in a common understanding at a European level. Should this occur, DTI may issue Guidance on the interpretation of the Directive text, but it is expected that these Regulations will remain unaltered.

7. The RTTE Directive repeals Directive 98/13/EC (the consolidated TTE Directive) with effect from 8 April 2000, and this Statutory Instrument repeals the UK Telecommunications Terminal Equipment Regulations applied under that Directive from the same date. For equipment within its scope, the RTTE Directive also supersedes national type approval requirements under sections 22 and 84 of the Telecommunications Act 1984.

8. These regulations also transpose the following two provisions of the RTTE Directive:

The provisions of the EMC Directive (89/336/EEC) will not apply to apparatus falling within the scope of the RTTE Directive from 8 April 2000, except that the protection requirements of the EMC Directive will apply as an essential requirement of the RTTE Directive, and the manufacturer may choose to use the conformity assessment procedure of the EMC Directive for apparatus within its scope.

The provisions of the Low Voltage Directive (73/23/EEC) will not apply to apparatus falling within the scope of the RTTE Directive from 8 April 2000, except that the objectives with respect to safety requirements of the LVD will apply as part of an essential requirement of the RTTE Directive, and the manufacturer may choose to use the conformity assessment procedure of the LVD for apparatus within its scope.

9. These Regulations also provide for the appointment of notified bodies, for the enforcement of the Regulations, and for such administrative changes as are necessary for the full and complete transposition of the RTTE Directive into UK Law.

10.  It is important to note that these Regulations do not affect in any way the requirements of section 1 or the Wireless Telegraphy act 1949 for the licensing or licence exemption of radio services and that the RTTE Directive explicitly allows Member States to restrict the putting into service of radio equipment for reasons related to the effective and appropriate use of the radio spectrum, avoidance of harmful interference or matters relating to public health.

Contents

Comments on the text of the regulations

Citation and commencement (draft regulation 1).

11. These regulations will come into force on 8 April 2000. Transitional provisions are covered in regulation 8.

12. This regulation lists the definitions used and clarifies the relationship of the various elements of these Regulations.

13. These Regulations have the broad scope of all apparatus that is radio equipment or telecommunications terminal equipment, or both.

Where apparatus incorporates a medical device or an active implantable medical device, the relevant UK Regulations for such devices will continue to apply, in addition to these Regulations.

Where apparatus is a component or unit of a motor vehicle or a motorcycle, the relevant UK Regulations for such vehicles will continue to apply, in addition to these Regulations.

Where apparatus is used exclusively for activities such as public security or defence, these Regulations will not apply.

Receive-only radio equipment intended to be used solely for the reception of sound and TV broadcasting services, as well as certain other kinds of equipment, are excluded from the scope of these Regulations through schedule 1.

14. All apparatus must meet the essential requirements regarding safety and electromagnetic compatibility. All radio equipment must use the radio spectrum effectively so as to avoid harmful interference. These are the "default" essential requirements which have effect from 8 April 2000.

It is possible for additional essential requirements to be determined by the Commission in accordance with the provisions of the Directive, which include the consultation of TCAM. Through this regulation, any such additional requirements will take effect in UK for the scope of apparatus defined in the Commission's measure, and will apply from the date defined, and with such transitional arrangements as are defined, therein. DTI will issue Guidance information if such additional requirements are proposed, and the text of such proposed measures will be available on the DTI website (http://www.tapc.org.uk), and, where they concern radio equipment, also on the RA website (http://www.radio.gov.uk).

(Note: At a meeting of TCAM on 13/14 October 1999, the Commission representatives indicated their intention not to introduce additional essential requirements under this provision of the Directive at least until the end of 2000, with the possible exception of requirements for avalanche beacons and for non-SOLAS maritime emergency radio equipment.)

15. In addition to the essential requirements, this regulation identifies the procedural requirements to be met for apparatus to be placed on the market and put into service.

16. This regulation identifies certain circumstances, such as movement of equipment that is still in the process of manufacture, where the equipment can be regarded as not placed on the market, and hence not subject to the requirements of regulation 5.

This regulation also lays down conditions for the display of apparatus at trade fairs, exhibitions, demonstrations, etc, where the apparatus does not meet the requirements of regulation 5. (Note that in the case of radio equipment, the switching on of the equipment may be restricted for reasons related to the effective and appropriate use of the radio spectrum, avoidance of harmful interference, or matters related to public health).

17. This regulation establishes the right to connect equipment that meets these Regulations to an appropriate interface of a public telecommunications network in the UK. Safeguards are provided for operators to refuse to connect, to disconnect, or to withdraw from service equipment that causes serious damage or harm to a network, or harmful radio interference. (Provisions for authorisation of disconnection are introduced into network operators' licences through regulation 17 and schedule 9).

18. This regulation allows that, despite the ending of UK and European type approvals regimes for radio equipment and telecommunications terminal equipment on 7 April 2000, individual items of apparatus approved under these regimes can continue to be placed on the market without change until 7 April 2001. Such apparatus first placed on the market by 7 April 2001 can remain on the market until sold, and can subsequently be appropriately installed and used.

During the transitional period of 8 April 2000 to 7 April 2001, notified bodies appointed under Directive 98/13/EC can continue to act in support of approvals given before that period, for example by continuing arrangements for production control, but cannot grant further approvals.

From 8 April 2001, all items of apparatus placed on the market must meet the requirements of regulation 5

19. This regulation identifies which procedures for conformity assessment a manufacturer may choose to use in certain circumstances. The procedures are given in detail in schedules 2 to 5.

Where equipment meets harmonised standards that have been referenced in the Official Journal of the European Community (OJEC) there is a presumption of conformity to the relevant essential requirements to the extent covered by those standards.

Where equipment falls within the scope of the Low Voltage or EMC Directives, the manufacturer may choose to use the procedures of those Directives to show conformity to the relevant requirements.

20. This regulation prescribes the form of CE marking to be placed on equipment.

(Note: Where more than one notified body is involved with conformity assessment, the numbers of all notified bodies used must be included in the marking). (Note: At a meeting of TCAM on 13/14 October 1999, the Commission representatives indicated their intention to introduce an equipment class identifier, consisting of the symbol Ø, as an "alert" symbol for radio equipment that cannot be freely moved and put into service throughout the whole Community for reasons mentioned in the Directive, i.e. articles 7.2 and 9.5. See Annex A for further information.)

21. This regulation requires that the manufacturer or person placing the apparatus on the market provides information for the user on the intended purpose of the apparatus together with the declaration of conformity to the essential requirements. For radio equipment, the information must be sufficient to identify where it is intended to be used (geographically). For TTE it must be sufficient to identify appropriate interfaces of the public telecommunications networks to which it is intended to be connected.

22. This defines the duty to give notice to the Radiocommunications Agency for radio equipment using frequency bands whose use is not harmonised throughout the Community and which is intended to be placed on the market in UK (see Annex B for further information on this class of radio equipment and the information which must be given). Other Community countries have comparable provisions for such equipment which is intended to be placed on the market in their country.

23. This regulation imposes a duty on public network operators to publish network interface information in sufficient detail to allow TTE to be properly designed to interwork with the network and the services that it carries. The information must be published before the services are offered to the public.

(Note: At a meeting of TCAM on 13/14 October 1999, the Commission representatives indicated that the national regulatory authority should have significant discretion in determining how far in advance of service offering the publication must be made, subject to openness and accountability. They also confirmed that the obligation to publish applies to existing as well as to new interfaces.)

24. This regulation defines a notified body as a properly authorised body concerned with conformity assessment in accordance with schedules 4 to 6.

25. This regulation sets out the procedures for appointment of a notified body in the UK, including responsibilities, period of appointment, circumstances of release from obligations, termination of appointment, opportunity to make representations to the body, and rights to visit sites.

26. This regulation prescribes the rights of notified bodies to charge fees for their services.

27. This regulation introduces conditions (set out in schedule 9) into the Telecommunications Act licences of public telecommunications network operators in the UK. These conditions cover the duty to publish interface details, and to notify all interfaces offered, in accordance with regulation 13, and the procedures relating to connection and disconnection of systems and apparatus referred to in regulation 7.

28. This regulation revokes the various orders and regulations that currently apply under the Telecommunications Act 1984.

29. This regulation disapplies the requirements of sections 22 and 84 of the Telecommunications Act 1984 for apparatus within the scope of these Regulations. It also disapplies the Electrical Equipment (Safety) Regulations 1994 (S.I 1994/3260) and the type examination procedure for radio equipment within the scope of the Electromagnetic Compatibility (EMC) Regulations 1992 (S.I 1992/2372), although Regulation 9 describes how the EMC requirements may be met.

30. This regulation ensures that other relevant measures, such as consumer protection legislation, will apply to apparatus in addition to these Regulations. The requirements for licensing or licence exemption of radio services under the Wireless Telegraphy Act 1949 continue to apply unchanged.

31. These Regulations identify the appropriate procedures to be taken by enforcement authorities in the respective parts of the UK, the offences and possible penalties related to breach of the Regulations, the admission of the defence of due diligence, and the liability of persons other than the principal offender.

Contents

32. This is taken from the Directive Annex I

33. This is taken from the Directive Annex II

34. This is taken from the Directive Annex III

35. This is taken from the Directive Annex IV

36. This is taken from the Directive Annex V

37. This is taken from the Directive Annex VI

38. This is taken from the Directive Annex VII

39. This schedule details the provisions for enforcement of these Regulations in the respective parts of the UK, including provisions for forfeiture of equipment.

40. This contains both the revised condition relating to connection/disconnection of systems and apparatus referred to in regulation 7 and "the Publication of Interfaces Condition" referred to in regulation 17, which modify the public network operators' Telecommunications Act licences.

At a meeting of TCAM on 13/14 October 1999, the Commission and Member State representatives noted the following provisional classifications of apparatus falling under the RTTE Directive.

Apparatus in Class 1 does not require an equipment class identifier. Apparatus in Class 2 must carry the "alert" equipment class identifier (the symbol Ø).

Further study is required to identify further types of equipment, which can be put into service in the Community (e.g. 27 MHz CB equipment).

Note: Class 1.0 was established to include "other" equipment, not yet identified, which can be put into service in the whole of the Community.

Note: Receive only radio equipment intended to be used solely for the reception of sound and TV broadcasting services is excluded from the scope of the RTTE Directive (through Annex I), and therefore does not fall within Class 1.9.

Note: Class 2.0 was identified to include "other" equipment, not yet identified, which cannot be freely moved and put into service throughout the whole Community for reasons mentioned in the Directive, ie. articles 7.2 and 9.5.

Contents

1. At a meeting of TCAM on 13/14 October 1999, the Commission and Member State representatives indicated their understanding of the interpretation of Article 6.4 of the RTTE Directive to be as follows:

Notification under Article 6 (4) of directive 99/5/EC is required for equipment covered by the following definition: Radio equipment which uses frequency bands whose use is not harmonised throughout the Community. This is considered to be all radio equipment except those:

	which do not transmit; or
	which can only transmit under the control of a network; or
	which use a frequency band which is allocated to the same radio interface in every Member State in the following way:
a.	there is a common frequency allocation; and
b.	within this allocation, the allotment and/or assignment of radio frequencies or radio frequency channels follows a common plan or arrangement; and
c.	the equipment satisfies common parameters (e.g. frequency, power, duty cycle, bandwidth, etc.).

Notification of radio equipment which uses frequency bands whose use is not harmonised throughout the Community should be made to relevant Member States, i.e. Member States upon whose market it is intended to place the equipment but where the equipment is not complying with the national frequency use.

2. At this meeting, it was also understood that the information to be notified should include all items on the following list if the notification is to be considered complete and proper:

	Clear identification and means of contacting (address…) of the notifying party
	Equipment Identification;
	The intended use/purpose of the equipment*
	Where appropriate, the consulted notified body/bodies
	Frequency bands
	Reference standard or other specification assumed to be complied with in frequency planning and defining the equipment type
	Type of modulation
	Channel spacing and designation of emission if not defined in the standard or other specification mentioned above
	Maximum transmit power limit if not defined in the standard or other specification mentioned above
	Duty cycle or channel access protocol if not defined in the standard or other specification mentioned above
	Duplex direction if applicable
	Type of antenna
	Space for remarks

* The information on intended use of the equipment could be considered to include countries where it is or is not intended for use.

Contents

Additional Information

	Explanatory Note (This note is not part of the Regulations)
	Draft Statutory Instruments - Telecommunications - The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000. Available in Word 6.0 (109KB) or .pdf (79KB)
	Directive 1999/5/EC of the European Parliament and of the Council (of 9 March 1999) on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity Available in .pdf (124KB)

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November 1999