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Miscellaneous Provisions Act On Electronic Communications (I)

Original Language Title: Loi portant des dispositions diverses en matière de communications électroniques (I)

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belgiquelex.be - Carrefour Bank of Legislation

18 DECEMBER 2015. - Miscellaneous Electronic Communications (I) Act



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. This Act partially transposes Directive 2014/53/EU of the European Parliament and Council of 16 April 2014 on the harmonization of the legislation of the Member States regarding the provision of radio equipment on the market and repealing Directive 1999/5/EC.
In the current legislative and regulatory provisions, references to Directive 1999/5/EC of the European Parliament and the Council of 9 March 1999 concerning hertzian equipment and telecommunications terminal equipment and mutual recognition of their compliance, are consistent with the above-mentioned Directive 2014/53/EU.
CHAPTER 2. - Amendments to the Electronic Communications Act of 13 June 2005
Art. 3. Article 1er of the Act of 13 June 2005 on electronic communications, as amended by the Acts of 10 July 2012 and 30 July 2013, is supplemented by a paragraph written as follows:
"This Act partially transposes Directive 2014/53/EU of the European Parliament and the Council of 16 April 2014 on the harmonization of the legislation of the Member States regarding the provision of radio equipment on the market and repealing Directive 1999/5/EC.".
Art. 4. In section 2 of the Act, amended by the Acts of 18 May 2009, 10 July 2012, 30 July 2013 and 27 March 2014, the following amendments are made:
(a) at 37°, the words ", with the exception of devices intended exclusively for the reception of sound or television programming" are repealed;
(b) the 42° is replaced by the following:
"42° "hertzian equipment": an electrical or electronic product that intentionally emits and/or receives radio-electric waves for radiocommunication and/or radio-repair purposes, or an electrical or electronic product that must be supplemented by an accessory, such as an antenna, to intentionally issue and/or receive radio waves for radiocommunication and/or radio-repair purposes; ";
(c) the article is supplemented by 75° to 84°, as follows:
"75° "radiated": the determination of position, speed and/or other characteristics of an object or the obtaining of information related to these parameters, thanks to the propagation properties of radio waves;
76° "available on the market": any supply of hertzian equipment intended to be distributed, consumed or used in the Union market as part of a commercial activity, for free or expensive;
77° "marketed": the first provision of microwave equipment on the Union market;
78° "commissioned": the first use of hertzian equipment within the Union by their end user;
79° "manufacturer": any natural or legal person who manufactures hertzian equipment or makes hertzian equipment, and who sells it under his name or mark;
80° "importer": any natural or legal person established in the European Union that puts hertzian equipment from a third country on the European Union market;
81° "distributor": any natural or legal person that is part of the supply chain, other than the manufacturer or importer, who makes hertzian equipment available on the market;
82° "recall": any measure to obtain the return of hertzian equipment already made available to the end user;
83° "retirement": any measure to prevent the provision of hertzian equipment in the supply chain on the market;
84° "radio interface": specifications for the regulated use of the radio spectrum. ".
Art. 5. In articles 32, § 1st, paragraph 1st, and § 3, 34, 6° to 9°, and 35 of the same law, the word "equipments" is replaced by the words "hertzian equipment".
Art. 6. In section 32 of the Act, as amended by the Act of 25 April 2007, the following amendments are made:
1° to paragraph 1st, the following modifications are made:
(a) in paragraph 1st, the words "basic conditions" are replaced by the words "essential requirements";
(b) Paragraph 2 is replaced by the following:
"The essential requirements are as follows:
1° Hertzian equipment is built in such a way that they guarantee:
(a) the protection of the health and safety of persons and domestic animals, and the protection of property, including the security requirements of electrical equipment intended to be used within certain voltage limits, but without tension limits;
(b) an adequate level of electromagnetic compatibility, in accordance with applicable regulations;
2° Hertzian equipment is built so that they effectively use the radio spectrum and contribute to its optimized use to avoid harmful interference. ";
Paragraph 2 is replaced by the following:
"§2. Hertzian equipment in certain categories or classes are constructed so that they meet the following essential requirements:
(a) Hertzian equipment operates with accessories, especially with universal chargers;
(b) Hertzian equipment interacts through networks with other hertzian equipment;
(c) microwave equipment may be connected to appropriate type interfaces throughout the Union;
(d) Hertzian equipment does not affect the network or its operation or misuse the network resources, thus causing unacceptable deterioration of the service;
(e) Hertzian equipment includes backups to ensure the protection of personal data and the privacy of users and subscribers;
(f) Hertzian equipment is compatible with certain features ensuring protection against fraud;
(g) Hertzian equipment is compatible with certain features that allow access to emergency services;
(h) Hertzian equipment is compatible with certain characteristics designed to facilitate their use by persons with disabilities;
i) Hertzian equipment is compatible with certain features to ensure that software can only be installed on a hertzian equipment when the conformity of the combination of hertzian equipment with the software is proven.
The King may, after the advice of the Institute, determine the categories or classes of hertzian equipment on which each of the requirements of paragraphs 1(a) to (i) are met."
3° in paragraph 3, paragraph 1st, 1st, the words "basic requirements" are replaced by the words "essential requirements";
Paragraphs 4 and 5 are replaced by the following:
§ 4. As of June 12, 2018, manufacturers register the types of hertzian equipment belonging to the categories that have a low level of conformity with the essential requirements of section 32 in a central system made available by the European Commission, before the hertzian equipment of these categories is put on the market.
The King, after the Institute's notice, sets out the categories of hertzian equipment on which paragraph 1 is required, the technical documentation provided at the time of registration, the practical terms and conditions for the registration and affixing of the registration number on hertzian equipment.
The King fixes, after the Institute's notice, the obligations of manufacturers, importers and distributors for the provision of hertzian equipment on the market.
§ 5. After June 12, 2016, terminal equipment can only be held or marketed, imported or acquired in ownership if it meets the applicable legislation on electromagnetic compatibility and electrical equipment intended to be used within certain voltage limits."
Art. 7. Paragraphs 2 and 3 are repealed in Article 33, § 1 of the Act, as amended by the Acts of 25 April 2007, 18 May 2009, 30 December 2009 and 31 May 2011.
Art. 8. In section 34 of the Act, as amended by the Act of 27 March 2014, the following amendments are made:
(a) at 1°, the following modifications are made:
1° the first word "equipment" is replaced by the words "hertzian equipment";
2° in the Dutch text, the word "deze" is repealed;
3° the words "no more" are repealed;
4° the words "to these" are replaced by the word "to";
5° the provision is supplemented by the following words: "used exclusively by the public authorities for activities related to the defence, public security and the security of the State";
6° in the Dutch text, the word "evenmin" is replaced by the word "niet";
(b) at 2°, the following modifications are made:
1° the word "(a)" is repealed;
2(b) is repealed;
3° the 2° is supplemented by the words ", unless it is equipment available on the market. Are considered not available on the market:
(a) kits of radio components intended to be assembled and used by radio amateurs;
(b) Hertzian equipment modified by radio amateurs for their own use;
(c) Hertzian equipment built by the various radio amateurs for scientific and experimental research in radio amateur activities;
(c) 4° and 5° are replaced by the following:
"4° aeronautical products, parts and equipment within the scope of Article 3 of the Regulation (EC) No. 216/2008 of the European Parliament and the Council;
5° evaluation kits for professionals to be used only in research and development facilities for this purpose;"
(d) at 6°, the following modifications are made:
(a) the words "to similar scholarships and exhibitions" are replaced by the words "on the occasion of trade fairs, exhibitions or other similar events";
(b) in the Dutch version, the words "dat die" are replaced by the words "dat dergelijke";
(c) the words "submitted to the market or used" are replaced by the words "submitted to the market and/or being put into service as long as they do not meet the applicable legislation";
(d) the provision is supplemented by the following sentence:
"The demonstration of hertzian equipment can only take place if the appropriate measures prescribed by the Royal Decree of 18 December 2009 relating to private radio communications and the rights of use of fixed networks and networks with shared resources and by the Institute are taken to avoid harmful interference, electromagnetic disturbances and the risks to the health or safety of persons or domestic animals or for the health or safety of domestic animals or for the protection of domestic animals."
Art. 9. Section 35 of the Act is supplemented by the following sentence:
"These equipments are more duly installed, maintained and used in accordance with their destination."
Art. 10. Section 37 of the Act, as amended by the Act of 25 April 2007, is replaced by the following:
"Art. 37. Notwithstanding the provisions of sections 32, 34 and 35, the possession, ownership, provision on the market, importation and use of hertzian equipment are permitted if such equipment:
1° complies with the provisions of the Royal Decree of 26 September 2000 on hertzian and terminal equipment and the recognition of their conformity, and
2° were placed on the market before June 13, 2017, and
3° shall comply with the provisions of sections 32, 34 and 35 before their amendment by law of 18 December 2015. ".
Art. 11. In Article 38 of the same Law, the words "that satisfy the relevant conditions of Article 32, §§ 1er and 2, and "are repealed.
CHAPTER 3. - Final provision
Art. 12. This Act comes into force on June 13, 2016.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 December 2015.
PHILIPPE
By the King:
Minister of Digital Agenda, Telecommunications and Post Office,
A. DE CROO
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(I) House of Representatives (www.lachambre.be):
House of Representatives documents: 54-1355.
Full report: December 3, 2015.