G/TBT/N/EU/94  
 
15 February 2013  
(13-0861)  Page: 1/3  
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
European Commission 
EU-TBT Enquiry Point 
Fax:  +(32) 2 299 80 43 E-mail:  mailto:eu-tbt@ec.europa.eu  
Website:  http://ec.europa.eu/enterprise/tbt/  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [X], 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):  Radio 
equipment. 
5. Title, number of pages and language(s) of the notified document:  Proposal for a 
Directive of the European Parliament and of the Council on the harmonisation of the laws 
of the Member States relating to the making available on the market of radio equipment 
(COM(2012) 584 final) (77 pages, in English, French and Spanish).     G/TBT/N/EU/94 
 
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  6. Description of content:  The proposed Directive establishes a framework for the placing 
on the market, free movement and putting into service in the EU of radio equipment. The most significant elements of the proposal for a revision of the Directive are the following:  
1. Alignment with Decision 768/2008/EC on a common framework for the marketing of 
 products: 
- Article 2 includes the definitions set out in chapter R1 of 
Decision 768/2008/EC, 
- Articles 10 to 15 include the obligations of economic operators set out in 
chapter R2 of Decision 768/2008/EC, 
- Article 17 and Annexes III, IV and V include three modules for conformity 
assessment set out in Annex II of Decision 768/2008/EC, 
- Articles 22 to 38 include the obligations for the notification of conformity 
assessment bodies set out in chapter R4 of Decision 768/2008/EC, 
- Articles 39 to 43 include the simplified safeguard procedures set out in 
chapter R5 of Decision 768/2008/EC. 
2. Article 2(1) sets out a new definition of ‘radio equipment’ which demarcates the 
modified scope of the Directive: this includes all and only equipment which 
intentionally transmits signals using radio spectrum, whether for the purpose of communication or other; 
3. Article 3(3) (a) makes it possible to require radio equipment to interoperate with 
accessories such as chargers; 
4. Article 3(3) (g) makes it possible to require software-defined radio equipment to 
ensure that only compliant combinations of software and hardware come together. 
Article 4 makes it possible to adopt measures to avoid that this regulatory 
requirement creates barriers to competition in the market for third-party software; 
5. Article 5 introduces the possibility to require the registration within a central system 
of products within categories showing low levels of compliance, on the basis of 
information on compliance provided by Member States in accordance with Article 47(1); 
6. Simplification and reduction of administrative obligations:  
- Pure receivers and fixed-line terminals cease to fall within the scope of the 
Directive, falling instead within the scope of Directive 2004/108/EC and Directive 2006/95/EC, or depending on th eir voltage falling within the scope 
of Directive 2004/108/EC and Direct ive 2001/95/EC; th is entails some 
reduction of administrative obligations; 
- The requirement to notify the placing on the market of equipment using 
frequency bands which are not EU-wide harmonised (current Article 6(4)) is 
removed. 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The current R&TTE Directive (Directive 1999/5/EC) entered into force in 
1999, and includes as essential requirements the protection of health and safety, electromagnetic compatibility, and the avoidance of harmful interference. Products 
complying with harmonised standards benefit from a presumption of conformity with the 
legal requirements. Some 95% of European Standards in this area are identical or consistent with international standards. The regulatory approach is considered to remain 
valid, a fundamental revision of the Directive is therefore not necessary. The main 
objectives of the proposal for a revision are:  
- to improve compliance with the requirements in the Directive, and to increase the 
confidence of all stakeholders in the regulatory framework;  
- to clarify and simplify the Directive so as to facilitate its application and eliminate 
unnecessary burden for economic operators and public authorities 
8. Relevant documents:   Directive 1999/5/EC of the Eu ropean Parliament and of the 
Council of 9 March 1999 on radio equipment and telecommunications terminal equipment G/TBT/N/EU/94 
 
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  and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p. 10 - 28) 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ. do?uri=OJ:L:1999:091:0010:0028:EN:PDF  
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on 
a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82–128) 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ. do?uri=OJ:L:2008:218:0082:0128:EN:PDF  
Directive 2004/108/EC of the European Parliament and of the Council of 15 December 
2004 on the approximation of the laws of the Member States relating to electromagnetic 
compatibility and repealing Directive 89/336/EEC Text with EEA relevance (OJ L 390, 31.12.2004, p. 24–37)  
 
"http://eur-
lex.europa.eu/LexUriServ/LexUriServ. do?uri=OJ:L:2004:390:0024:0037:EN:PDF " 
Directive 2006/95/EC of the Euro pean Parliament and of the Co uncil of 12 December 2006 
on the harmonisation of the laws of the Member States relating to electrical equipment 
designed for use within certain voltage limits (OJ L 374, 27.12.2006, p. 10–19) 
"http://eur-
lex.europa.eu/LexUriServ/LexUriServ. do?uri=OJ:L:2006:374:0010:0019:EN:PDF " 
Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 
on general product safety (OJ L 11, 15.1.2002, p. 4–17) 
"http://eur-
lex.europa.eu/LexUriServ/LexUriServ. do?uri=OJ:L:2002:011:0004:0017:EN:PDF " 
Impact Assessment Report:  
"http://ec.europa.eu/enterprise/sectors/rtte/documents/legislation/review/index_en.htm#
h2-2" 
9. Proposed date of adoption:   
Proposed date of entry into force:    Mid 2014 On the twentieth day following that of its 
publication in the Official Journal of the European Union.  The provisions shall apply 18 months after adoption. 
10. Final date for comments:  90 days from date of notification 
11. Text available from:  National enquiry point [  ], or address, telephone and fax 
numbers, e-mail and web-site addresse s, if available of the other body:    
European Commission 
EU-TBT Enquiry Point 
Fax:  + (32) 2 299 80 43 E-mail:  mailto:eu-tbt@e c.europa.eu  
The text is available on the EU-TBT Website:  http://ec.europa.eu/enterprise/tbt/   
and at 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0584:FIN:EN:PDF  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0584:FIN:FR:PDF  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0584:FIN:ES:PDF  
http://members.wto.org/crnattach ments/2013/tbt/EEC/13_0564_00_e.pdf