Radio equipment can only be placed on the market (marketed) if it has been designed and manufactured in compliance with the essential requirements. These essential requirements are laid down in the Act of 13 June 2005 on electronic communications, in particular Chapter IV, and the Royal Decree of 25 March 2016 on the making available on the market of radio equipment. They represent the transposition into Belgian law of Directive 2014/53/EU of the European Parliament and of the Council (RED).
The manufacturers
Manufacturers must ensure that their products comply with the requirements. They must, among other things:
- draw up the technical documentation;
- affix the CE marking;
- draw up the EU declaration of conformity;
- keep the technical documentation and the EU declaration of conformity for 10 years after the product has been placed on the market;
- identify (themselves): trade name, address, type, batch or serial number on the product;
- inform the competent authorities in case of risk to the consumer;
- provide enforcement authorities with all the documents demonstrating the conformity of the product.
The manufacturer is responsible for its product!
The importers
Importers shall only place compliant radio equipment on the market. They must, among other things, ensure:
- that the conformity assessment procedure has been carried out by the manufacturer;
- that the radio equipment can be operated in at least one Member State;
- that the manufacturer has established the technical documentation;
- that the radio equipment bears the CE marking and is accompanied by the EU declaration of conformity;
- that their name, registered trade name, postal address and registered trade mark are on the product or on the packaging;
- that the radio equipment is accompanied by instructions and information in FR, NL and DE;
- that, while the equipment is under their responsibility, conformity is not jeopardised;
- if they consider that the equipment is not in conformity, that the corrective measures necessary to bring it into conformity, to withdraw it or recall it, if appropriate, are taken;
- that, for 10 years, they keep a copy of the EU declaration of conformity and that the technical documentation can be made available to BIPT, upon request.
The distributors
When they place radio equipment on the market, distributors must ensure among other things:
- that the radio equipment bears the CE marking and is accompanied by the EU declaration of conformity;
- that the radio equipment is accompanied by instructions and information in FR, NL and DE;
- that, if they believe that radio equipment is not in conformity, they shall not make the radio equipment available on the market until it has been brought into conformity;
- that, while the equipment is under their responsibility, conformity is not jeopardised;
- to cooperate with BIPT to demonstrate conformity and eliminate the risks posed by radio equipment which they have made available on the market.
General holder’s licences
Manufacturers, importers and distributors must ensure that they obtained a general holder’s licence for all the radio equipment subject to a licence (see RD 18 December 2009).