Key Benefits:
Decision of 28 December 2006 laying down rules on edge appliances and radio equipment (Decision on peripherappliances and radio equipment 2007)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the Minister for Economic Affairs of 5 September 2006, No WJZ 6062961;
Having regard to Directive No 1999 /5/EC of the European Parliament and the Council of the European Union of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (PbEG L 91), and of the Decision of the Joint Committee of the European Economic Community of 9 March 1999 on the mutual recognition of their conformity (PbEG L 91) EEA, No 48/2000, of 31 May 2000, amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement (PbEG L 237), Article 3, second paragraph and of the Sectoral Annex on radio equipment and Telecommunications terminal equipment of the Agreement on Mutual Recognition between the European Community and the United States of America (PbEG 1999, L 31), Article II, third paragraph and the Sectoral Annex on Radio Equipment and Telecommunications terminal equipment of the Agreement on Mutual Recognition between the European Community and Canada (PbEC 1998, L 280), Article 2, second paragraph and the Sectoral Annex on radio equipment and telecommunications terminal equipment of the Agreement on Mutual Recognition of Conformity Assessment, Certificates and Markers between the European Union Community and Australia (PbEC 1998, L 229), Article 2, second paragraph and the Sectoral Annex on radio equipment and telecommunications terminal equipment of the Agreement on mutual recognition of conformity assessment between the European Union Community and New Zealand (PbEC 1998, L 229), Article 2 and the sector annex concerning telecommunications terminal equipment and radio equipment of the Agreement for Mutual Recognition of Conformity Assessment, between the European Community and Japan (PbEG 2001, L 284), Article 1 and Annex 1, Chapter 7, concerning telecommunications terminal equipment of the Agreement on Mutual Recognition of Conformity Assessment between the European Community and Switzerland (PbEC 2002, L 114) and on the Article 10.1, second paragraph , 10.2, second paragraph , 10.3 , 10.4 , 10.6 , 10.7 and 10.8 (b) of the Telecommunication Act ;
The Council of State heard (opinion of 12 October 2006, No W10.06.0378/II);
Having regard to the further report of Minister of Economic Affairs of 20 December 2006, No WJZ 6108618;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Telecommunications law ;
b. Directive No 1999 /5/EC : Directive No 1999 /5/EC from the European Parliament and the Council of the European Union of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (PbEG L 91);
(c) Directive No 2006 /95/EC: Directive No 2006 /95/EC of the European Parliament and of the Council of the European Union of 12 December 2006 on the approximation of the laws of the Member States relating to electrical equipment intended for use within certain Member States voltage limits (PbEU L 374);
ed. Directive No 2004 /108/EC : Directive No 2004 /108/EC of the European Parliament and of the Council of the European Union of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Member States Directive 89 /336/EEC (PbEG L 390);
Radio equipment: radio transmiters and apparatus which, by their nature, are intended to receive radio communication signals;
f. harmonised standard: technical specification approved by an approved European standardisation body, commissioned by the European Commission and in accordance with the procedures of the Notifications Directive;
g. Member State: shall be a member of the European Union;
(h) third country: country which is a party to a ministerial arrangement referred to in a ministerial arrangement;
(i) notified body: body responsible for carrying out conformity assessment procedures as referred to in Article 10 of Directive No 1999 /5/EC has been designated
1 °. by a Member State which has the authority under Article 11 of Directive No 1999 /5/EC has logged in,
2. by a State other than a Member State which is a party to the Agreement on the European Economic Area, which is the authority under Article 11 of the Treaty, Directive No 1999 /5/EC has logged in; or
3 °, under a ministerial arrangement, by the designating authority in a third country.
j. Declaration of conformity: document in which the person placing the edge equipment or radio equipment on the market certies that those devices comply with the requirements of Directive No 1999/5 ;
k. Conformity assessment body: body designated for the assessment of conformity of edge apparatuses and radio equipment with the standards of a third country and according to the rules and procedures of the third country.
It shall not apply to or pursuant to this Decision:
a. The periphery or radio equipment listed in Annex I of Directive No 1999 /5/EC , and
b. periphery or radio equipment used exclusively in activities relating to public security, defence, state security and in the activities of the State in areas covered by criminal law.
Obligations imposed by or pursuant to this Decision to the person placing on the market edge apparatus or radio equipment and to those intending to use radio equipment used in frequency bands whose use is not used in the European Union as a whole has been harmonised, to be marketed in the Netherlands, and are also applicable to the representatives of those persons established in the Netherlands.
1 The person intending to market radio equipment used in frequency bands whose use has not been harmonized throughout the European Union will be placed on the market in the Netherlands at least four weeks before the end of the period. devices in the Netherlands are placed on the market in knowledge of this intention.
2 In the notification provided for in paragraph 1, information shall be given to our Minister on radio characteristics of radio equipment and, where conformity assessment procedures are carried out, shall be supplied to our Minister. Article 7 , a notified body is involved, the identification number of this notified body provided.
3 Under ministerial arrangements, rules may be laid down on the manner in which the notification provided for in paragraph 1 is made and the information provided.
1 Randapparatus and radio equipment shall comply with the requirements set out in Article 3, first paragraph, of Directive No 1999 /5/EC , to know:
(a) the protection of the health or safety of the user or of others, including the objectives relating to the safety provisions of Directive No 17; 2006 /95/EC, but without the use of the voltage limit, and
b. The electromagnetic compatibility of Directive No 2004 /108/EC , to the extent that they are relevant to edge devices or radio devices.
2 Without prejudice to the first paragraph, radio equipment shall comply with Article 3, second paragraph, of Directive No 1999 /5/EC .
3 Where, pursuant to Article 3, third paragraph, of Directive No 1999 /5/EC Rules shall be laid down by means of a ministerial order applying to rules governing those requirements to which peripheral or radio equipment or categories or species thereof, without prejudice to paragraphs 1 and 2 of this paragraph, are fulfilled.
1 Peripheral appliances and radio equipment are suspected of one or more requirements, Article 5 -to comply with, as evidenced by one of the Article 7 the conformity assessment procedures referred to in the Annex are met with regard to the Directive No 1999 /5/EC harmonised standards or parts thereof adopted, which relate to the relevant rules.
2 In addition to the possibility, referred to in paragraph 1, peripherappliances and radio equipment shall also be presumed to be subject to the requirements of Article 5, first paragraph, part a, part b , to be fulfilled, as evidenced by one of the following: Article 7 the conformity assessment procedures referred to in the Annex are met with regard to Directive No 2006 /95/EC with regard to Directive No 2004 /108/EC harmonised standards or parts thereof adopted, which relate to the relevant rules.
3 A presumption of conformity as referred to in the first or second paragraph shall be subject only if the reference numbers of the harmonised standards used in the conformity assessment procedure have been published in the Official Journal of the European Union. the European Union, and those standards or regulations, are in force.
1 The placing on the market of peripherals that do not use the frequency space, devices intended for the reception of radio communication signals or receiving parts of radio transmission equipment shall be subject to such apparatus. at the choice of the Annex II, IV or V of Directive No 1999 /5/EC conformity assessment procedures described in order to determine whether these devices are subject to the requirements of Article 5 -I'm in.
2 The placing on the market of radio equipment other than those referred to in the first paragraph and the harmonized standards applicable, Article 6 , has applied, subject these devices to the choice of products listed in Annex III, IV or V of this Annex. Directive No 1999 /5/EC conformity assessment procedures described in order to determine whether these devices are subject to the requirements of Article 5 -I'm in.
3 The placing on the market of radio equipment other than those referred to in the first paragraph and the harmonized standards applicable, Article 6 , has not been used in part, or has only partially applied, subject to the choice of devices listed in Annex IV or Annex V of this Regulation. Directive No 1999 /5/EC conformity assessment procedures described in order to determine whether these devices are subject to the requirements of Article 5 -I'm in.
4 By way of derogation from the first to the third paragraph, the person placing the edge equipment or radio equipment on the market may submit the conformity assessment procedures referred to in Annex III, paragraph B, and Annex IV to Directive No 17. 2006 /95/EC, in order to determine whether these devices are subject to the requirements of Article 5, first paragraph, part a -I'm in.
5 The documents relating to the conformity assessment procedures referred to in the first to fourth paragraph shall be drawn up in an official language of the Member State in which the conformity assessment procedure takes place or in a language which is the subject of a conformity assessment procedure. the notified body concerned by the conformity assessment procedure is accepted.
The placing on the market of any periphery or radio equipment satisfies the requirements of Annexes II to V of this Annex. Directive No 1999 /5/EC Obligations arising from the conformity assessment procedures based on Article 7 apply to those devices.
1 At the time of Article 7 the conformity assessment procedures referred to may enable a notified body to be able to issue a notified body to those peripheral or radio equipment, provided that that body is attached to the relevant procedure or its component in the case of the competent authority. The European Commission has been notified under Article 11 (1) of Directive No 1999 /5/EC .
2 By way of derogation from paragraph 1, the person placing on the European Union on-board equipment or radio equipment may enable a notified body in a third country, provided that this notified body is listed in the Sectoral Annex on Radio equipment and telecommunications terminal equipment belonging to an agreement under ministerial arrangement, the designation of the body under this Agreement has not been suspended and the European Community from this Agreement is hereby terminated It has not suspended all or part of its obligations.
1 To confirm that peripheral devices or radio equipment are subject to the requirements of Article 5 The person placing these equipment on the market shall produce a declaration of conformity and affer any apparatus, any packaging thereof and the documents relating to the apparatus, a statement to be made by Our Minister. marking.
2 Without prejudice to the first paragraph, radio equipment, in cases to be determined by ministerial arrangement, shall be marked by a marking to be marked by Our Minister indicating the category to which these radio equipment belong.
3 Without prejudice to the first and second paragraphs, radio equipment used in frequency bands whose use has not been harmonised throughout the European Union shall be marked by a flag to be designated by Our Minister.
4 By ministerial arrangement rules may be laid down concerning the size and the graphic form of the markings referred to in the first, second and third paragraphs, the additional particulars in these markings, the way in which these markings are used. The visibility, legibility and recognisability of these shall be provided.
1 Our Minister may designate a body for the performance of the tasks assigned to the Article 7 the conformity assessment procedures referred to in the application for designation shall be related to the fact that the body is shown, according to accreditation, to comply with the EN 45011:1998 standard or the NEN-EN-ISO/IEC 17065:2012 standard.
2 Our Minister may restrict the designation to describe categories of peripheral or radio equipment or conformity assessment procedures, or parts thereof.
A ministerial arrangement may lay down rules on the manner in which an application for designation as referred to in Article 11 must be submitted.
1 Our Minister may designate a body as a Conformity Assessment Body.
2 In the designation, our Minister may lay down detailed conditions, including at least the scope of the designation and the manner in which a conformity assessment is carried out.
3 Our Minister may withdraw a designation if the Conformity Assessment Body is not sufficiently technically competent or does not fulfil the conditions of the designation.
4 Our Minister may suspend a designation if Our Minister has the presumption that the third member is applicable.
5 In the case of ministerial arrangements, rules may be laid down on the procedure of designation and the manner in which an application for designation is submitted.
1 The placing on the market of the periphery or radio equipment shall provide the user with a copy of the declaration of conformity and information on the use for which these devices are intended, subject to the following:
a. Where radio equipment is concerned, containing the packaging or the instructions for use showing the use in which Member State or geographical territory within a Member State of the intended use of such radio equipment and the user Mark affixed to the device as intended for Article 10, third paragraph , to be made aware of rules on the use of these radio equipment in certain Member States;
b. If the periphery devices are concerned, clearly visible information on all devices showing the network connection points of public telecommunications networks of these periphery devices has been affixed.
2 The placing on the market of any periphery or radio equipment shall ensure that the apparatus is marked with its name or the name of the manufacturer, and a type, batch or serial number, which makes it possible for him or the manufacturer to be used. identify.
3 In the case of ministerial arrangements, rules may be laid down concerning the information to be included in the documents relating to the periphery or radio equipment.
1 A provider of a public telecommunications network provides the Consumer and Market Authority with information on the technical specifications of the network connections and makes this information sufficiently well known, before using this information. Network connection points shall be made available to the public.
2 The technical specifications referred to in paragraph 1 shall be sufficiently precise to enable design devices to be capable of using all the services provided through the network termination point and should, in any case, contain all the information which enable the manufacturers to carry out the relevant tests to determine whether the peripheral devices comply with the requirements specified in the Annex. Article 5 .
3 A provider of a public telecommunications network shall ensure that any changes to the information referred to in paragraph 1 shall be known to the Consumer and Market Authority at least two months before the date of such amendment. and have been made known in a sufficiently good way.
4 A provider of a public telecommunications network shall communicate in the Official Gazette of the manner of publication provided for in the first and third paragraphs.
A provider of a public telecommunications network ensures that peripheral devices that comply with the regulations are intended. Article 5 , capable of connecting to appropriate network termination points.
By way of derogation from Article 15 a provider of a public telecommunications network shall be entitled to address edge devices that comply with the requirements Article 5 , not to be closed or closed or shut out if these devices cause serious damage to a telecommunications network, cause harmful interference or damage the telecommunications network or its operation, provided that it has prior authorisation from the Consumer and Market Authority.
1 By way of derogation from the Articles 15 and 16 a provider of a public telecommunications network is entitled to shut down peripheral devices, if this is to be done in connection with the protection of the telecommunications network immediately and provides the user of the telecommunications network directly, and without charge, an alternative provision.
2 The provider referred to in paragraph 1 shall immediately communicate to the Consumer Authority and Market to the fact that the periphery devices have been shut down.
1 The prohibition on the marketing of equipment specified in: Article 10.1, first paragraph, of the Act , does not apply to edge devices or radio devices if the obligations are met, intended in the Articles 10, first to third paragraphs , and 13, first and second members , concerning the affixing of markings, the provision of a copy of the declaration of conformity and the provision of information.
2 If it is found that a periphery or radio device placed on the market does not comply with the requirements of Article 5 provisions referred to in spite of the fulfilment of the obligations in the Articles 10, first to third paragraphs , and 13, first and second members , with regard to the affixing of markings, the provision of a copy of the declaration of conformity and the provision of information shall be notified in writing to the person concerned.
3 Our Minister makes the statement, referred to in paragraph 2, as soon as possible in the Official Gazette.
4 From the day after the date of publication, it shall be prohibited to trade the edge equipment or radio equipment of this type.
Our Minister may terminate or limit the placing on the market or marketing of radio transmiters or categories of radio-transmitting apparatus, if the fear is justified that obstacles to the radio transmission of the radio transmission devices concerned are not permitted. is caused in ether traffic, in other radio transmission devices or in reception apparatus.
Rules governing the treatment of complaints about the obstacles encountered in the use of radio transmission devices may be laid down by Ministerial Regulations.
It is prohibited to advertise on edge devices or radio devices which do not comply with the requirements of this Decision and whose marketing or trading on the basis of such devices is prohibited. Article 10.1, first paragraph and Article 10.5, second paragraph of the Act is prohibited.
It shall be prohibited to display or demonstrate any periphery or radio equipment which does not comply with the requirements of this Decision, unless:
a. exhibiting or demonstrating takes place during trade fairs, exhibitions or similar events; and
b. This equipment shall be marked with a visible sign indicating that the equipment may not be placed on the market or traded for as long as such equipment does not meet the requirements of this Decision.
1 For the purposes of applying Articles 10.8 to 10.11 of the Act radio frequency power amplifiers suitable for use in conjunction with radio transmitters and other electrical or electronic equipment capable of transmitting the radio frequency signal from the radio frequency shall be treated with radio transmission apparatus To change radio-transmitting devices.
2 Electric or electronic equipment designated by ministerial arrangement for the purposes of the application of Articles 10.8 to 10.11 of the Act Equivalent to radio transmiters.
Ministerial rules lay down rules to avoid disturbances in frequency bands defined by the frequency plan as referred to in Article 4 (1) of the EC Treaty. Article 3.1 of the Act For the purpose of broadcasting.
1 [ Red: The Decision shall be amended by the Decision of the Maritime and Sailing Shipping Order.]
2 [ Red: Change the Decision to Sea Shipping Order.]
1 After the entry into force of this Decision, the Malfunction of the system On Article 22 of the electromagnetic compatibility decision 2007 and on Article 20 of this Decision.
2 After the entry into force of this Decision, the Arrangement peripherappliances and radio equipment On Article 1, part h , Article 4, third paragraph , Article 10 , Article 12 , Article 13, third paragraph and Article 20 of this Decision.
A change of Directive No 1999 /5/EC , from the Notifications Directive, from Directive No 2004 /108/EC , or Directive No 2006 /95/EC shall apply to the application of this Decision as from the day on which the relevant amending Directive is to be implemented, except where a ministerial order published in the Official Journal of the European Union provides for the implementation of the Directive. Time is set.
1 The provisions of this Decision shall not apply to apparatus which, before 8 April 2001, in accordance with the provisions of Decision peripherals and equipment for satellite earth stations, does not apply to appliances which, under the terms of its Decision, the Decision on radio-electric establishments has been placed on the market.
2 Devices referred to in paragraph 1 which do not meet or no longer meet the requirements to be met by those devices on the basis of, or pursuant to, the radio-electrical equipment and equipment and equipment satellite earth stations must comply with the time when they have been placed on the market, may be withdrawn from the market.
1 The Edge devices and radio equipment decision shall be withdrawn.
2 The Decision of the Secretary of State for Transport and Water State of 17 November 2000, No DGTP/00/5627/NG applying the provisions of the Decision to or pursuant to the Decision of peripherappliances and radio equipment in the EEA is withdrawn (Stcrt. 2000, 229).
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This decision is referred to as: Decision on peripherals and radio equipment 2007.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 28 December 2006
Beatrix
The Minister for Economic Affairs
,J. G. Wine
Issued the 18th of January 2007The Minister of Justice
E. M. H. Hirsch Ballin
