G/TBT/N/BEL/47  
28 September 2022  
(22-7268) 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 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
ELECTRONICS (ICS code(s): 31); TELECOMMUNICATIONS. AUDIO AND VIDEO 
ENGINEERING (ICS code(s): 33); INFORMATION TECHNOLOGY. OFFICE MACHINES (ICS 
code(s): 35)  
5. Title, number of pages and language(s) of the notified document:  Draft Royal 
Decree  on the ministerial authorisation in the context of 5G network deployment; (20 
page(s), in Dutch), (19 page(s), in French)  
6. Description of content:  This draft Royal Decree lays down the necessary details to 
implement the system of ministerial authorisat ion as introduced by Article 105 of the 
Belgian Act of the 13th of June 2005 on electronic communications. It establishes the 
restrictions on the use of active 5G network elements manufactured by high -risk 
manufacturers of such elements, and on the use of service providers to manage and 
monitor their 5G network elements. Such restrictions were deemed necessary as 
alternative measures that could be imposed are not sufficient to sufficiently mitigate the 
security risk in question. These restrictions apply to MNOs, full MVNOs and certain 
companies having a private 5G network. The draft also defines the composition of the file 
to be submitted for obtaining a ministerial authorisation. The draft also specifies when an 
authorisation has to be asked in case of an u pdate of software or hardware related to a 
network element.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  National security requirements; Prevention of deceptive practices and 
consumer protection; Protection of huma n health or safety  
8. Relevant documents:   
Article 105 of the Belgian Act of the 13th of June 2005 on electronic communications + 
G/TBT/N/BEL/44  G/TBT/N/BEL/47  
 
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  9. Proposed date of adoption:  1 February 2023  
Proposed date of entry into force:  10 days after publication in the Belgian Official 
Gazette  
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:   
BELNOTIF  
Federal Public Service Economy, SMEs, Self -Employed and Energy (FPS Economy)  
Directorate -General for Quality and Safety  
North Gate III  
Boulevard du Roi Albert II, 16  
Email: be.be lnotif@economie.fgov.be  
Website: https://economie.fgov.be/en