/Comes into force: 2016-06-13/

Scope and definitions



section 1 of this Act implements directive 2014/53/EU of 16 april 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC.



The law contains provisions relating to the provision of radio equipment on the market and particular use of such equipment.



Of the Act (2003:389) on electronic communications, there are provisions on the use of radio transmitters.



section 2 of the Act does not cover



1. radio equipment used by radio amateurs for the amateur radio service, provided that the equipment is not available on the market,



2. equipment falling within the scope of Council Directive 90/EU of 2014/23 July 2014 for marine equipment and repealing Council Directive 96/98/EC,



3. products, parts and appliances on board aircraft covered by article 3 of Regulation (EC) No 216/2008 of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC , and



4. custom built test equipment intended for professional men, solely for use in research and development facilities for research and development.



Radio equipment used by radio amateurs for the amateur radio service shall not be deemed to be provided on the market if it is



a) radio kits that are designed to be built together and be used by radio amateurs,



b) radio equipment that has been modified by amateur radio operators to be used by radio amateurs, or



c) equipment which has been designed by individual radio amateurs for experimental and scientific purposes related to amateur radio.



The Government may provide for exemptions from this Act in the case of radio equipment exclusively used for activities concerning public security, defence, national security or the State's activities in the area of criminal law.



section 3 of this Act means



amateur radio traffic: non-commercial radio traffic for training, communications and technical studies, undertaken in private radio technical interest and for non-commercial purposes,



Distributor: means any natural or legal person providing radio equipment on the market without being a manufacturer or importer,



"economic operators" means the manufacturer, the authorised representative, the importer and the Distributor,



prescribed requirements: the essential requirements for radio equipment referred to in section 5 and the obligations for an economic operator as set out in this law, the rules given on the basis of the law and directly applicable legal acts which have been granted pursuant to Directive 2014/53/EU,



entry into service: the radio equipment is being used for the first time in the European Union by the end user,



"importer" means any natural or legal person established in the European Union and placing radio equipment from a third country on the Union market,



radio determination: the definition of an object's position, speed or other characteristics, or obtaining information on this, with the help of radio wave propagation characteristics,



radio equipment: an electrical or electronic device that deliberately emit or receive radio waves for radio communication and radio determination, or an electrical or electronic device which needs to be supplemented with an accessory, such as an antenna, to intentionally deliver or receive radio waves for radio communication and radio determination,



radio waves: electromagnetic waves with frequencies below 3 000 GHz which is spreading without special arranged leader,



"harmful interference" means the same as in Chapter 1. section 7 of the Act (2003:389) on electronic communication,



"making available on the market: supply of radio equipment for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge,



"manufacturer" means any natural or legal person who produces, or that lets design or manufacture, radio equipment and marketing it under his name or trademark;



the manufacturer's representative: any natural or legal person established in the European Union and which, according to a written mandate from a manufacturer is entitled to on his behalf to perform specific tasks,



the placing on the market "means the provision of radio equipment on the European market for the first time.



"Making available on the market



section 4 of the radio equipment may be placed or made available on the market only if the statutory requirements are met and the equipment complies with the requirements on the use of radio frequencies in at least one Member State of the European Union.



Government or authority the Government determines may provide for an obligation on economic operators to take action to statutory requirements will be complied with.



Essential requirements on radio equipment



5 § radio equipment shall be so designed and constructed that it complies with the essential requirements.



Government or authority the Government determines may provide for such requirements.



section 6 of the radio equipment which is wholly or partly conforms to a harmonized standard to which references have been published in the official journal of the European Union, shall be presumed to comply with the essential requirements in so far as the requirements covered by this standard.



Obligations of economic operators



section 7 of the Government or the authority, as the Government determines may provide for obligations of economic operators in respect of radio equipment, in the case of



1. registration of equipment,



2. technical documentation,



3. conformity assessment,



4. EU Declaration of conformity,



5. the labelling of equipment,



6. loss prevention work, and



7. provision of operating instructions, security information and other documentation or information.



Takeover and transfer of obligations



section 8 where an importer or a distributor placing radio equipment on the market under his name or trademark, or change radio equipment already placed on the market in such a way that compliance with prescribed requirements may be affected, assuming the importer or distributor the manufacturer's obligations under this Act, the rules given on the basis of the law and directly applicable instruments adopted pursuant to Directive 2014/53/EU.



9 § manufacturers may, by a written mandate, appoint a representative to carry out the tasks specified in the mandate.



Government or authority the Government determines may provide for such proxies.



Use at trade shows, and similar



section 10 of radio equipment which does not meet the prescribed requirements may still appear at trade fairs, exhibitions and the like, if it clearly stated that the equipment must not be made available on the market or put into service until the requirements are met.



Demonstrations of radio equipment may only be made if it has taken appropriate measures to prevent the occur



1. harmful interference, 2. electro-magnetic interference,



3. risk to human and animal health and safety and



4. risk of property.



Government or authority the Government determines may provide for such measures.



Market surveillance



section 11 of the agency or agencies which the Government determines (market surveillance authorities) to exercise market control of radio equipment falling within the scope of this law.



Provisions on market surveillance, see the articles 15(3) and 16 to 29 of Regulation (EC) no 765/2008 of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.



12 § A market surveillance authority may notify the injunctions and prohibition is necessary to permit this Act, regulations given by virtue of the law and directly applicable legal acts which have been granted pursuant to Directive 2014/53/EU should be followed.



In the case of radio equipment that meets the prescribed requirements but still poses a risk to human health or safety or for other interests as the essential requirements concerning the protection, a market surveillance authority announce injunctions and prohibitions that restrict or prohibit the supply of the equipment on the market and which intend to equipment to be withdrawn or is withdrawn from the market.



section 13 a decision under section 12 or an order for action in accordance with article 19 of Regulation (EC) no 765/2008, in the original wording, to unite with the penalty, unless for special reasons is unnecessary.



Market surveillance authorities may determine that a decision under section 12, or in accordance with article 19 of Regulation (EC) no 765/2008, in the original wording, to take effect immediately.



Help from Police Department



14 section at the request of a market surveillance authority to the police provide the necessary assistance in market surveillance authority takes measures in accordance with article 19 of Regulation (EC) no 765/2008, in the original wording, if 1. because of particular circumstances give reason to suspect that the operation cannot be carried out without a police man's special powers under section 10 of the Police Act (1984:387) need be resorted to, or 2. otherwise, there are exceptional circumstances.



Fees and remuneration



section 15 to cover the cost of a market surveillance authority's functions under this Act to any person who is registered pursuant to Chapter 2. paragraph 1 of the Act (2003:389) on electronic communications or authorized under 3


Cape. paragraph 1 of the same law to pay a fee. Fee must be paid in accordance with the grounds leading to the costs with fair share is allocated to those involved in registered or authorised.



Government or authority the Government determines may provide for compensation to the provider of a market surveillance authority equipment should be checked and if the obligation to pay the costs of the authority for such control.



Sanction section 16 of an economic operator shall be required to pay a penalty fee, if the economic operator or a person acting on behalf of the economic operator concerned either intentionally or negligently infringed paragraph 4 or paragraph 10 of the first or second subparagraph, or against regulations given pursuant to paragraph 4, section 7 or section 10, third paragraph.



A fee may not be imposed on someone for a violation of a prohibition or a failure to comply with an order that has been associated with a penalty.



In addition, in the case of a fee paragraph 37 and 39 to 43 of the product safety Act (2004:451) apply.



Appeal



section 17 A market surveillance authority's decision under this Act may be appealed to the administrative court.



Leave to appeal is required in the case of appeal to the administrative court.



Transitional provisions



2016:392



1. This law shall enter into force on 13 June 2016.



2. By the Act repeals Act (2000:121) on radio equipment and telecommunications terminal equipment.



3. Radio equipment complying with the requirements set out in the repealed Act and regulations given by virtue of the law shall be deemed to comply with the statutory requirements under the new law, if the equipment has been placed on the market before 13 June 2017.