RADIOCOMMUNICATIONS AGENCY Presentation to Industry by The Radiocommunications Agency The Radio Equipment and Telecommunications Terminal Equipment Directive 99/5/EC

The R&TTE Directive Introduction to the Directive by Ken Yard Head of the Technology Sectors Unit

New Approach Directives Remove barriers to free circulation of goods Promote innovation To promote the European single market

Background Member States have until 8 April 2000 to implement it Once national regulations made the UK national type approval regimes void The R&TTE Directive in force 7 April 1999 through publication in the Official Journal

Aims Removes the need for third party conformity assessment in most cases Provide industry with a more deregulated environment

It Replaces the current approvals regimes under Sections 22 and 84 of the Telecommunications Act 1984 EC type examination under Article10.5 of the EMC Directive (89/336/EEC) Low Voltage Directive (73/23/EEC) (disapplying these Directives for equipment within its scope) the TTE Directive

Responsibilities Where no harmonised standard is available, for radio equipment, it is mandatory to consult a notified body The person placing the equipment on the market takes full responsibility for its conformity to the essential requirements of the R&TTE Directive

What does this mean in practice? 28 day notification prior to placing a product on the market where a non harmonised frequency band used Manufacturers will only have to declare conformity to the essential requirements of one directive to enable them to place their products on the market

Essential Requirements of the Directive Protection requirements with respect to the EMC Directive Construction of equipment to make effective use of the radio spectrum and to avoid harmful interference The protection of H&S (Low Voltage Directive)

Routes to Conformity Technical construction file - notified body to be used and 28 day period for opinion Full quality assurance - assessed by a notified body Technical documentation for receiving parts Harmonised standard route.

Responsibilities Notified bodies can only offer an opinion, it is the manufacturer who makes the final decision as to whether the product complies or not It is important to remember that with any any of the routes to conformity it is the manufacturer’s responsibility to ensure his product complies with the Directive

Interface Requirements Describe the licence conditions

The R&TTE Directive The Directive and Implementing Regulations by Martin Fenton Technology Sectors Unit

Why a Directive? - Radio non-TTE Only limited harmonisation of national approval regimes through CEPT/ERC Recommendations and Decisions (Rec and DEC (97)10) Poor record of adoption of CEPT/ERC provisions by EU Member States Significant costs and delays in approvals process lead to trade barriers and hold back innovation 15 administrations - 15 national approval regimes

Why a Directive? - TTE Some of the essential requirements under 98/13/EC over burdensome no longer necessary Existing conformity assessment procedures too heavy compared to potential risks Significant costs and delays in approvals process hold back innovation European approvals under existing Directive 98/13/EC only if CTRs exists

Supersedes the consolidated Telecommunications Terminal Equipment Directive 98/13/EC Contains requirements on health and safety and electromagnetic compatibility; disappling the Low Voltage Directive 73/23/EEC and the EMC Directive 89/336/EC for apparatus within its scope Replaces the existing national type approval regimes for both radio equipment and telecommunications terminal equipment The R&TTE Directive

Radio equipment - a product or relevant component capable of communications by means of the emission and/or reception of radio waves utilising the spectrum allocated to terrestrial/space radiocommunications radio waves - electromagnetic waves of frequencies from 9 kHz to 3000 GHz propagated in space without artificial guide The R&TTE Directive - Scope

Telecommunications terminal equipment - a product enabling communications or a relevant component thereof which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks (that is to say telecommunications networks used wholly or partly for the provision of a publicly available telecommunications services) The R&TTE Directive - Scope

The R&TTE Directive - Exclusions Apparatus used exclusively for activities concerning public security, defence, State security (including the economic wellbeing of the State in the case of activities pertaining to State security matters) and the activities of the State in the area of criminal law

The R&TTE Directive - Exclusions Marine equipment under Directive 96/98/EC Cable and wiring Sound and TV broadcast receivers Civil aviation and air-traffic-management equipment Radio amateur equipment not commercially available

Essential Requirements - Mandatory The following essential requirements (Articles 3.1 and 3.2) are applicable to all relevant apparatus.

Essential Requirements - Mandatory the protection requirements with respect to electromagnetic compatibility contained in the EMC Directive radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space communications and orbital resources so as to avoid harmful interference the protection of the health and safety of the user and any other person, including the objectives of the LVD, but with no voltage limits applying

Essential Requirements - Optional The following essential requirements (Article 3.3) may be applied to apparatus if the European Commission adopt a Decision to apply them to certain classes or types of equipment.

Essential Requirements - Optional does not harm the network nor misuse network resources incorporates safeguards to ensure personal data and privacy of user are protected. supports certain features ensuring avoidance of fraud supports certain features ensuring access to emergency services supports certain features in order to facilitate use by users with a disability inter-works via networks and can be connected to interfaces of appropriate type

Conformity Assessment Procedures Internal production control plus specific apparatus tests - Annex III Technical construction file (TCF) - Annex IV Full Quality Assurance - Annex V Internal production control - Annex II

Internal Production Control - Annex II manufacturer responsible for assessing products against essential requirements of the Directive and declaring compliance applicable to TTE and receiving parts of radio equipment

Internal Production Control Plus Specific Tests - Annex III must use harmonised standard essential radio test suites identified by Notified Body if not detailed in the harmonised standard manufacturer responsible for performing tests, assessing product against essential requirements of the Directive and declaring compliance applicable to radio equipment only

Technical Construction File (TCF) - Annex IV Notified Body identifies essential radio test suites manufacturer performs tests and compiles TCF Notified Body gives opinion on TCF manufacturer responsible for declaring compliance applicable to all apparatus

Full Quality Assurance - Annex V Notified Body assesses and carries out regular surveillance on manufacturers full quality assurance system manufacturer responsible for performing tests, assessing product against essential requirements of the Directive and declaring compliance applicable to all apparatus

Alternative Routes to Compliance the procedures specified in the LVD to demonstrate compliance with the essential requirement on health and safety for apparatus within the scope of the LVD the procedures specified in articles 10.1 and 10.2 of the EMC Directive to demonstrate compliance with the essential requirement on electromagnetic compatibility

Harmonised Standards Apparatus meeting the relevant harmonised standards will have a presumption of conformance with essential requirements of the Directive

Harmonised Standards applicable TBRs under the TTE Directive harmonised standards for essential requirements on effective use of the spectrum to be written by ETSI based on existing type approval standards other standards to be written as necessary by either ETSI or CENELEC applicable existing harmonised standards under the LVD and EMC Directive

Technical Files conceptual design, manufacturing drawings and schemes of components, sub- assemblies, circuits, etc descriptions/explanation s needed to understand above and operation of the apparatus list of standards applied in full or part and any other solutions adopted to meet the essential requirements results of design calculations and examinations carried out test reports general description of product

Role of Notified Bodies give (non-binding) opinions on technical construction files (TCFs) - Annex IV assessment and surveillance of full quality assurance systems - Annex V identify essential radio test suites -Annex III

Radio Equipment Notifications Article 6.4 requires manufacturers of radio equipment to notify the relevant Member States of their intention to place a product on their national market at least four weeks in advance, unless the product uses frequency bands whose use is harmonised throughout the Community

Frequency Bands Whose Use Are Harmonised Equipment which: dose not transmit can only transmit under the control of a network uses a frequency band which is allocated to the same radio interface in every Member State in the following way: - there is a common frequency allocation - within this allocation, the assignment of frequencies follows a common plan - the equipment satisfies common parameters (e.g. frequency, power, duty cycle, bandwidth etc.)

Equipment Notifications name and address of notifying party equipment identification intended use/purpose of equipment notified bodies used frequency bands reference standard or other specification assumed to be complied with in frequency planning type of modulation channel spacing transmit power duty cycle or channel access protocol duplex direction if applicable antenna type remarks

Regulated Interfaces (Radio) article 4.1 requires Member States to notify interfaces they have regulated to the Commission will provide clarity to manufacturers and users of radio equipment on what can be legally used under the licensing and licence exemption regime in Member States they are a high level description of how the spectrum is used

Regulated Interfaces (Radio) frequency band radio service within this band licensing regime reference standard or other specification assumed to be complied with in frequency planning type of modulation channel spacing transmit power duty cycle or channel access protocol duplex direction if applicable antenna type need for operators certificate planned changes remarks

Transitional Arrangements There is a transitional period ending on 7 April 2001 during which time apparatus may continue to be placed on the market and taken into service based approval to the existing rules in force at the time. However no new approvals can be granted after 7 April 2000.

Equipment Classes and Equipment Class Identifiers Class I Radio equipment and telecommunications terminal equipment which can be placed on the market and taken into service without restriction No equipment class identifier has been assigned to this class

Equipment Classes and Equipment Class Identifiers Class II Radio equipment for which Member States apply restrictions on placing on the market and taking into service under articles 7.2 or 9.5 The following equipment class identifier has been assigned

The R&TTE Directive Enforcement by Colin Richards Head of the Enforcement Policy Unit

The R&TTE Directive

EMPHASIS ON MARKET SURVEILLANCE ENFORCEMENT AUTHORITIES ARE: – Secretary of State (in practice RA local offices) – Trading standards officers that is Weights and measures authorities in England, Scotland, Wales District councils in N Ireland

The R&TTE Directive For radio equipment RA expects to carry out Market surveillance/enforcement through: – Routine inspections of new and existing installations – Interference sources – Information received – Some random market checks retail outlets (CB, Pmr 446, cordless phones) visits to dealers

The R&TTE Directive Market surveillance will normally be by visual check (and if necessary verification) on – CE marking properly affixed – Notified body identification number (if applicable) – Equipment class identifier (the ‘alert’ symbol) – Name of “responsible person” – Type and batch or serial number – User information Intended use Declaration of conformity Geographical area of intended use For radio TTE, identification of interfaces for intended connection

The R&TTE Directive ENFORCEMENT ACTIONS Warning letters (CE marking wrongly affixed) (except in safety cases) Suspension notices to stop supply and related actions (max. 6 months) Enter premises to examine procedures, documents, seize and detain evidence – With or without warrant Make test purchases Ask courts for forfeiture where Regulation 5 is breached Prosecute for infringements of the Regulations (summary only)

The R&TTE Directive RTTE compliance is enforceable on his own Interface Requirements are tied to licensing. Thus still subject to Wireless Telegraphy Act Provisions

The R&TTE Directive Article 9.1 Allows MS to remove from the market equipment which may cause harmful interference or interference to national radio services UK will implement this through S7 of WT Act 1967 Intend to retain controls on: – Video senders – Illegal CB – Illegal CT