Update on the Draft R&TTE Directive
The Directive encompasses all products that use the radio frequency spectrum, such as car door openers, mobile devices and radio transmitters, as well as all devices connected to public telecommunications networks, including ADSL modems, phones and telephone systems.
The R&TTE replaced the Telecommunications Terminal Directive and national standards that may have previously existed within each individual EU country. It was introduced to reduce trading barriers in Europe, while continuing to ensure that products met minimum requirements related to health and safety, EMC and the protection of the radio spectrum.
As a result of the R&TTE, it now takes less time and money to gain approval than with the previous legislation. As manufacturers are no longer encumbered by any national differences between individual country safety requirements, the time to market for new goods has also been significantly reduced.
A new draft is introduced
Following several market surveillance campaigns, the European Commission is concerned about the low level of compliance with the current requirements of the R&TTE for some categories of radio equipment. This, coupled with the huge increase in the number of mobile devices and wireless applications, has led the European Commission to publish a new draft of the R&TTE. The core goals of the draft are to strengthen the level of compliance with the Directive, so that EU citizens have compliant radio equipment, as well as clarifying and simplifying the Directive.
The new requirements were intended to clearly spell out the responsibilities and obligations for every market player, be they a manufacturer or importer. It was hoped that simplification would come in the form of reduced administrative overheads, such as the suppression of notification requirements of certain products.
A press release issued by the European Commission at the same time as the proposed new draft said: “The proposal aims to make sure all market players comply with the rules regarding the avoidance of interference, so that consumers do not have problems when opening car doors, monitoring their babies or listening to radio. The Commission also proposes to clarify and simplify the Directive, to facilitate its application and to eliminate unnecessary burden ultimately increasing all stakeholders’ confidence in the regulatory framework.”
The European Commission subsequently sought input from Member States. The concerns that they have raised range from dissatisfaction with the transparency of the negotiations leading to the drafting of the proposed Directive, through to fears about the anticipated consequences of the Directive if it was enacted in its current proposed form.
Draft highlights
The suggested changes to the R&TTE Directive in some instances are wide ranging, with Annexes being renumbered and updated. However, many suggestions within the draft have already been rejected and this article provides a few key highlights.
Telecommunications Terminal Equipment has been excluded from the scope of the draft Directive; however, it is not yet clear whether radio receivers, e.g. TV and radio broadcast receivers, are excluded.
Article 5 (Registration of radio equipment within some categories) of the R&TTE draft introduces the possibility to require the registration of products, that fall within categories showing low levels of compliance, in a central database. It was intended that this would enhance the efficiency and effectiveness of market surveillance and therefore contribute to ensure a higher level of compliance with the Directive.
After feedback from Member States it has been proposed that this idea should be withdrawn, mainly because such a requirement would entail an additional burden to ‘economic operators’ and would raise confidentiality issues. Also, categories of radio equipment where a high level of compliance was not attained tend to be low value goods, such a remote control toys, and additional costs would no longer make compliant manufacture worthwhile and possibly do the reverse of the draft’s intention to increase compliance.
Article 10 (Obligations of manufacturers) refers to changes to the system for the declaration of Conformity. It suggests that manufacturers will now have two options within the new Directive. One is to include a copy of the full EU declaration of conformity covering all applicable Directives with each piece of radio equipment.
The simplified EU declaration of conformity, previously introduced following a TCAM interpretation, is now an explicit option. This must include the internet or e-mail address where the full EU declaration of conformity can be obtained. It must also be available in a language or languages required by the Member State in which the radio equipment is placed.
The draft Directive also introduces new responsibilities for importers with regards to sample testing of products. It is not entirely clear at what point this becomes a mandatory requirement as the draft uses the words “when deemed appropriate with regard to the risks presented by radio equipment”, so this is currently quite subjective. However, to protect the health and safety of consumers, importers will be required to carry out sample testing of radio equipment made available on the market. They must also investigate and keep a register of complaints of non-conforming radio equipment and of product recalls, and keep distributors informed of such monitoring.
Specific responsibilities for market surveillance authorities are defined in the draft Directive for the evaluation of compliance of radio equipment to ensure that, if considered justified, non-compliant radio equipment is withdrawn or recalled from the market.
Recent proposals have included the mandating of universal battery chargers, particularly for mobile phones, and the introduction of CE marking on integral screens.
While the new R&TTE Directive is still in draft form, following feedback from Member States, it is hoped that the first reading of the new Directive will be put before the Commission in early 2014. While there are no defined deadlines, it is important that manufacturers, importers and wholesalers of radio equipment become familiar with the new format and requirements, especially as Annexes in the old Directive have been renumbered quite extensively. However, this has been probably the slowest review of a directive in the history of the EU and with an expected transition period of 18 months to two years, it is unlikely that the new Directive will come into force until 2016 at the earliest.
About the author
Jean-Louis Evans is the Managing Director at TÜV SÜD Product Service, a global product testing and certification organisation, and at its sister company, TÜV SÜD BABT, the world’s leading radio and telecommunications certification body — www.tuv-sud.com.
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