G/TBT/N/BEL/44  
23 July 2021  
(21-5784) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  BELGIUM   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Belgian Institute for Postal Services and Telecommunications  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if dif ferent from above:   
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
ELECTRONICS (ICS 31), TELECOMMUNICATIONS. AUDIO AND VIDEO ENGINEERING (ICS 
33), INFORMATION TECHNOLOGY. OFFICE MACHINES (ICS 35)  
5. Title, number of pages and language(s) of the notified document:  Draft law 
introducing additional security mea sures for the provision of mobile 5G services (37 
page(s), in French; 37 page(s), in Dutch)  
6. Description of content:  This draft law imposes restrictions on the use of network 
elements coming from manufacturers that pose a high risk in the context of 5G. To this 
end, the present draft establishes a system whereby operators of a mobile network of the 
fifth generation are required to obtain prior authorisation from the ministers concerned 
before deploying 5G network elements. If they have already started rolling out their 5G 
network, they will have to submit a request for regularisation to the ministers concerned. 
The syste m of prior authorisation or regularisation is introduced in the Electronic 
Communications Act, as it primarily concerns the telecom operators and, at least in terms 
of the quality of the suppliers' products and practices in terms of security, it touches on  
the security of the operators' networks and services. As some operators have already 
started to deploy 5G and in order to minimise the impact of the present law on their 5G 
deployment strategy, it is important to quickly define the requirements in this re gard.  
We would like to draw attention to the fact that this draft law has already been notified 
to the European Commission in the context of the 2015/1535 (TRIS) notification 
procedure and has since undergone some changes, to take into consideration the op inion 
of the Belgian Council of State, whereunder the following which we deemed not to be 
significant in the context of Article 5.1.3 of Directive 2015/1535 (EU):  
- A definition of the notion of 5G has been introduced (reduction of scope);  
- More clarity has been given about which private 5G network operators could be 
subjected to the authorisation regime (clarification of the text);  
- A mobile network operator shall submit its authorisation request to the BIPT, according 
to the modalities it sets on its website (clarification of the procedure);  G/TBT/N/BEL/44  
 
- 2 - 
 
  - The "list of sensitive areas" will be determined by the King, after the opinion of the 
National Security Council + the Royal Decree identifying these areas will be published in 
the Moniteur Belge (adjustme nt of the procedure);  
- The ministers concerned have 3 months to finalise the (draft) decision + 2 months after 
the hearing or after the receipt of written observations to adopt the decision (adjustment 
of the procedure);  
- The requirements for the operati on of the network from the territory of the EU will now 
be fixed by Royal Decree (and no longer in the law) + will only be applicable for the 
essential activities of the operator;  
- Location/operation of the network: the King will determine the dates for t he obligations 
to come into force (but not before 1/01/2026).  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  National security requirements; Prevention of deceptive practices and 
consumer protection; Protection of hu man health or safety  
8. Relevant documents:   
The Act of June 13, 2005 on electronic communications  
+ TRIS notification 2021/206/B (Directive EU 2015/1535)   
9. Proposed date of adoption:  1 October 2021  
Proposed date of entry into force:  10 days after publication in the Belgian Official 
Gazette (but we would like to point out that Article 105, paragraph 1, subparagraph 4 of 
the Act of 13 June 2005 on electronic communications, which will be entered by this draft 
law, will not enter into force until 1 Ja nuary 2026)  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
TBT Contact person for Belgium: Laurent Wenkin  
E-mail: laurent.wenkin@economie.fgov.be  
 
FPS Economy SMEs, Self -Employed and Energy  
Directorate -General Quality & Safety  
NG III - 2ème étage  
Bd du Roi Albert II, 16  
1000 Brusse ls 
Belgium  
 
belspoc@economie.fgov.be  
BE.BELNOTIF@economie.fgov.be