WRITTEN QUESTION E-3019/98

by Karsten Hoppenstedt (PPE) to the Commission

(8 October 1998)

Subject: Prohibition on radio-controlled alarm systems in Belgium

1. Can the Commission confirm that radio-controlled alarm systems - i.e. those which do not use cables - are prohibited in Belgium and are therefore not recognised by the licensing authority, UPEA?

2. Is the Commission aware that, where insurance companies in Belgium require an alarm system to be installed, for instance to protect a building against break-ins, they only recognise state-approved systems, and will not accept radio-controlled systems?

3. Is the Commission aware that in other Member States of the Community radio-controlled alarm systems are recognised by the competent State authorities and that they are also marketed and used there?

4. Does the Commission agree that the Belgian regulations constitute a violation of Community law, particularly of the provisions concerning free movement of goods?

5. Can the Commission confirm that the Telecommunications Council of 26 February 1998 agreed that radio equipment (including remote control systems) could be marketed and used throughout the Union without any special approval being obtained from the respective authorities?

6. As a result of the Telecommunications Council of 26 February 1998, can foreign enterprises freely supply radio-controlled alarm systems to Belgium and can customers there equip their homes with such systems in order to protect them?

Answer given by Mr Monti on behalf of the Commission

(8 December 1998)

The marketing of alarm systems in Belgium is governed by the Law of 10 April 1990 on firms providing security services and on internal security services, according to which all alarm systems have to be approved by the "equipment committee", and by the Royal Decree of 31 March 1994 establishing this approval procedure. Under this procedure, a series of tests and trials are conducted on the products concerned, as specified in Annexes 3 and 5 of the aforementioned Royal Decree. These tests relate to the operation of the equipment in question. Article 8 of the Decree also contains a clause regarding the mutual recognition of certificates and test reports issued by an approved or accredited body in another Member State, on the condition that these attest to the conformity of such systems and networks with standards or technical regulations which ensure a level of protection equivalent to that laid down by the Decree.

It was, however, not possible to grant approval to wireless alarm systems, because the tests specified in Annexes 3 and 5 of the Decree of 31 March 1994 had been devised at a time when wireless systems did not exist in Belgium and could not therefore be applied to them.

Deeming that this legal loophole was contrary to Community law and, in particular, to Article 30 of the EC Treaty, the Commission approached the Belgian authorities. In this context, on 25 June 1998, the Belgian authorities, in accordance with the procedure laid down by Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations(1), gave notice of a new draft Royal Decree establishing the procedure for approval of alarm systems and networks, by which the tests laid down in the Annexes could also be applied to wireless alarm systems. Given that no detailed opinion was delivered on this draft Decree, it could be adopted after the end of the standstill period of three months, i.e. as of 25 September 1998. The Belgian authorities have been contacted on this matter, and it would appear that the draft will be adopted in the very near future, certainly before the end of the year.

As a result of this legal amendment, insurance companies will, in principle, also have to agree to insure properties protected by wireless alarm systems which are State-approved or are recognised by the authorities as equivalent. It should, however, be noted that the private status of these companies means that they are not obliged to observe the principle of the free movement of goods enshrined in Articles 30 to 36 of the EC Treaty, which only cover State measures.

On the basis of the clause on mutual recognition contained in Article 9 of the above-mentioned draft, it should be possible for a wireless alarm system which is legally approved in another Member State to be marketed in Belgium.

As regards the telecommunications aspects, it should be noted that, according to the conclusions of the Telecommunications Council of 26 February 1998, a Member State may restrict the use of radio equipment for reasons associated with good spectrum management.

In addition, even if the wireless alarm systems conform with Community requirements in the field of telecommunications, it should be noted that other aspects regarding the operation of the equipment in question are not covered by these Directives. Under such conditions, an approval procedure conducted prior to a product being placed on the market for the first time may, in principle, be regarded as compatible with Articles 30 to 36 of the EC Treaty, on account of the sensitive nature of the products concerned and the importance of their smooth operation in order to reasonably guarantee the protection of the safety of persons.

(1) OJ L 109, 26.4.1993.