Miscellaneous Provisions Act On Electronic Communications (I)

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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016011019&caller=list&article_lang=F&row_id=100&numero=126&pub_date=2016-01-15&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-01-15 Numac: 2016011019 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 18 December 2015. -Miscellaneous Provisions Act on electronic communications (I) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. this Act partially transposes directive 2014/53/EU of the European Parliament and of the Council of April 16, 2014 on the harmonisation of the laws of the Member States concerning the availability on the market of radio equipment and repealing directive 1999/5/EC.
In the legislative and regulatory provisions in force, the references made to 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, be construed as references to the 2014/53/EU directive.
CHAPTER 2.
-Amendments of Act of 13 June 2005 on electronic communications arts. 3. article 1 of Act of 13 June 2005 on electronic communications, amended by the law of July 10, 2012 and July 30, 2013, is supplemented by a paragraph worded as follows: "this Act partially transposes directive 2014/53/EU of the European Parliament and of the Council of April 16, 2014 on the harmonisation of the laws of the Member States concerning the availability on the market of radio equipment and repealing directive 1999/5/EC".
S. 4. section 2 of the Act, as amended by the laws of May 18, 2009, July 10, 2012, July 30, 2013 and March 27, 2014, the following changes are made: has) at 37 °, the words ", with the exception of devices intended exclusively for the reception of sound or television broadcasting" are repealed;
(b) the 42 ° is replaced by the following: "42 °"radio equipment": an electrical or electronic product that emits or receives intentionally radio waves to radiocommunication purposes and/or the radiodetermination, or a product electrical or electronics to be completed an accessory such as an antenna to emit or receive radio waves to radiocommunication purposes and/or the radiodetermination; intentionally";
(c) article is supplemented by the 75 °-84 °, worded as follows: "75 °"radiodetermination": the determination of position, velocity and/or other characteristics of an object or the obtaining of information about these settings, thanks to the properties of propagation of radio waves;"
76 ° "making available on the market": any provision of radio equipment intended to be distributed, consumed or used on the market of the Union in the context of a commercial activity, in return for payment or free;
77 ° 'placing on the market': the first making available of radio equipment on the market of the Union;
78 ° "commissioning": the first use of radio equipment in the Union by their end user;
79 ° 'manufacturer': any natural or legal person who manufactures radio equipment or has designed or manufactured radio equipment, and which markets it under his name or trademark;
80 ° "importer": any natural or legal person established in the European Union that puts radio equipment from a third country on the market of the European Union;
81 ° 'distributor': any natural or legal person forming part of the supply chain, other than the manufacturer or the importer, who makes radio equipment available on the market;
82 ° "recall": any measure aimed at achieving the return of radio equipment already placed at the disposal of the end user;
83 ° "withdrawal": any measure aimed at preventing the making available on the market of radio equipment present in the supply chain;
84 ° "radio interface": the specifications relating to the regulated use of the spectrum. "."
S. 5. in sections 32, § 1, paragraph 1, and § 3, 34, 6 ° to 9 °, and 35 of the same Act, the word "equipment" is every time replaced by the words "radio equipment".
S. 6. A section 32 of the Act, as amended by the Act of April 25, 2007, the following changes are made: 1 ° to paragraph 1, the following changes are made: a) in paragraph 1, the words "basic conditions" are replaced by the words 'essential requirements';
(b) paragraph 2 is replaced by the following: "(Les exigences essentielles sont les suivantes: 1° Les équipements hertziens sont construits de telle façon qu'ils garantissent: a) the protection of health and safety of people and pets, and the protection of property, including objectives relating to the safety requirements that must meet electrical equipment designed for use within certain voltage limits" , but without voltage limits;
(b) an adequate level of electromagnetic compatibility in accordance with the applicable regulations;
2 ° radio equipment are constructed that it effectively uses the spectrum and contribute to its use optimized in order to avoid harmful interference. ";
2 °, paragraph 2 is replaced by the following: "§ § 2 2" Radio equipment of certain categories or classes are constructed so that they comply with the following essential requirements: has) radio equipment operate with accessories, especially with universal Chargers.
(b) radio equipment interact across networks with other radio equipment;
(c) radio equipment can be connected to interfaces of the appropriate on the whole of the Union;
(d) the radio equipment do not affect the network or its functioning nor do misuse network resources, thereby causing an unacceptable deterioration of the service;
(e) radio equipment include safeguards to ensure the protection of the personal data and privacy of users and subscribers;
(f) radio equipment are compatible with certain features ensuring the protection against fraud;
(g) radio equipment are compatible with certain features for accessing emergency services;
(h) radio equipment are compatible with certain characteristics in order to facilitate their use by disabled persons;
(i) radio equipment are compatible with certain characteristics to ensure that software cannot be installed on a radio equipment when the conformity of the combination of the radio equipment with the software is proven.
(King may, after opinion of the Institute, determine the categories or classes of radio equipment to which relates each of the requirements of points) to i) of paragraph 1. ";
3 ° in paragraph 3, paragraph 1, 1 °, the "basic requirements" shall be replaced by the words 'essential requirements';
4 ° the paragraphs 4 and 5 are replaced by the following: "§ § 4 4" Effective June 12, 2018, manufacturers record the types of radio equipment from the categories which have a low level of compliance with the essential requirements of section 32 in a central system made available by the European Commission, before radio of these categories being placed on the market.
The King fixed, after opinion of the Institute, the categories of radio equipment on which door the requirement of paragraph 1, the technical documentation provided when registering, the terms practices for recording and the affixing of the registration number on radio equipment.
The King fixed, after opinion of the Institute, the obligations of manufacturers, importers and distributors for the provision of radio equipment on the market.
§
5. After June 12, 2016, terminal equipment may be held or sold, imported or acquired in property only if they comply with the applicable legislation on electromagnetic compatibility and electrical equipment designed for use within certain voltage limits. "."
S. 7. in article 33, § 1, of the Act, as amended by the laws of April 25, 2007, may 18, 2009, on December 30, 2009, and may 31, 2011, paragraphs 2 and 3 are repealed.
S. 8. section 34 of the Act, as amended by the law of March 27, 2014, the following changes are made: a) 1 °, the following changes are made: 1 ° the first word 'equipment' shall be replaced by the words "radio equipment";
2 ° in the Dutch text, the word "deze" is repealed;
3 ° the words "not over" are repealed;
4 ° the words "to these" shall be replaced by the word "to the";
5 ° the provision is supplemented by the following words: "used exclusively by the public authorities for activities in defence, public safety and the security of the State";
6 ° in the Dutch text, the word "werking" shall be replaced by the word "niet";
(b) to 2 °, the following changes are made: 1 ° the word "(: a)" is repealed;
2 ° b) is repealed.
3 2 ° ° is supplemented by the words ', unless it is equipment available on the market. Are considered not to be made available on the market: a).

kits of radio components intended to be assembled and used by radio amateurs;
b) radio equipment modified by radio amateurs for their own use;
(c) radio equipment built by different radio amateurs for the purposes of scientific and experimental research activities of amateur radio";
(c) 4 ° and 5 ° are replaced by the following: ' 4 ° products, parts and aircraft equipment falling within the scope of article 3 of Regulation (EC) No 216/2008 of the European Parliament and of the Council; "
5 ° evaluation kits for professionals to be used only in research and development for this purpose facilities; ";
(d) on the 6th, the following changes are made: a) "to grants and similar exposure" shall be replaced by the words "on the occasion of trade fairs, exhibitions or other similar events";
(b) in the Dutch version, "dat die" shall be replaced by the words "dat dergelijke";
c) the words "placed on the market or be used" shall be replaced by the words "made available on the market and/or put into service as long as they do not comply with the applicable law";
(d) the provision is supplemented by the following sentence: "the demonstration of radio equipment cannot take place unless appropriate steps prescribed by the royal decree of December 18, 2009 on the private radio communications and usage rights of fixed networks and networks with shared resources by the Institute, are taken to avoid harmful interference, electromagnetic disturbances and risks to the health or safety of persons or domestic animals or for goods.".
S.
9. article 35 of the same law is completed with the following sentence: "these equipment are more properly installed, maintained and used for their intended purpose.".
S. 10. article 37 of the Act, as amended by the Act of April 25, 2007, is replaced by the following: 'article
37. Notwithstanding the provisions of articles 32, 34 and 35, detention, property, update available on the market, the importation and the use of radio equipment are permitted if these devices: 1 ° comply with the provisions of the royal decree of 26 September 2000 on radio and terminal equipment and the recognition of their conformity, and 2 ° have been placed on the market before June 13, 2017 , and 3 ° comply with the provisions of articles 32, 34 and 35 prior to amendment by the law of 18 December 2015. "."
S. 11. in article 38 of the Act, the words "that meet the relevant requirements of article 32, §§ 1 and 2, and" are repealed.
CHAPTER 3. -Disposition final art. 12 this Act comes into force on June 13, 2016.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 18 December 2015.
PHILIPPE by the King: the Minister of the Digital Agenda, Telecommunications and post, A. DE CROO sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (I) House of representatives (www.lachambre.be): records of the House of representatives: 54-1355.
Full record: 3 December 2015.