ACB Radio Equipment Directive Michael Derby ACB Europe

ACB Radio Equipment Directive Michael Derby ACB Europe 9 April 2014

Introduction • American Certification Body • TCB, FCB, RCB, Notified Body • Notified Body to the R&TTE Directive • Michael Derby • Regulatory Engineer, TCB, FCB, Notified Body • Liaison: The TCB Council and the R&TTE CA

Change of Directives • R&TTE Directive • Applicable to Radio and Telecommunication Terminal Equipment • 1999/5/EC • Time for an update • Radio Equipment Directive • RE Directive • Will replace the R&TTE Directive • More than just alignment with the NLF

Agenda • Agenda of presentation • History of the RE Directive progress • Proposed and expected text • Emphasis on changes from R&TTE Directive • Timeline

Radio Equipment Directive • History of RE Directive progress • Work began in 2007 (7 years!) • Commission proposals sent to European Parliament in 2011/12 • Comments were submitted • Input from groups, including IMCO recently • International Market and Consumer Protection Committee of the European Parliament

Radio Equipment Directive • Compromise Text in January 2014 • By the EU Council and EU Parliament • Vote by European Parliament • 13 March 2014 • Document accepted by European Parliament • Approval from EU Council of Ministers • Hopefully all will be ok • They agreed to the compromise text

Radio Equipment Directive • Translation into all languages and text check • Final text published • Q 3 at the earliest, I think • Directive effective 20 days after publishing • Manufacturer ‘could’ Do. C to RE D then • Formally at least one MS into National Law • Transition period of 2 years • Can use R&TTE D or RE D • Until approximate Q 3/Q 4 of 2016

Radio Equipment Directive • Main points of interest that are expected to be in the RE Directive • Many of these taken from the IMCO text • Some were already known • Of course we cannot guarantee anything until the final RE Directive is published • . . . but, we are quite confident that the following items have been accepted

Radio Equipment Directive • No more telecommunication terminal • As the name change suggests, R&TTE has become RE • Telecommunication Terminal equipment removed from the Directive • Therefore EMCD and LVD will apply to telecom • Examples are wired telephones, fax machines, etc. • RE Directive only applies to wireless/radio

Radio Equipment Directive • Scope of radio transmission • Scope will include radio communication and also radio determination • Definition of ‘determination’ used to clarify that equipment such as radar, RFID, movement detection, velocity measurement, etc. are in scope • Equipment which is not for communication or determination is out of RE Directive scope • For example, ISM, EN 55011, CISPR 11, etc. • (Part 18!)

Radio Equipment Directive • Scope of radio reception • Receive only radio equipment is still in scope • There had been talk of removing it • Broadcast receivers are in scope • They were specifically excluded from R&TTE D • There may be a longer transition period for broadcast receivers • These will therefore no longer be in the scope of EMCD and LVD • LVD exclusion important for low voltage devices

Radio Equipment Directive • Text of RE Directive scope • Expected scope of the new Directive may be: • Radio Equipment… …an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radio determination, or an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radio determination

Radio Equipment Directive • Frequency Range of RE Directive • The frequency range of the R&TTE Directive is 9 k. Hz to 3000 GHz • The frequency range of the RE Directive will be “up to 3000 GHz”, with no lower limit • There are communications below 9 k. Hz • These are now in scope • ETSI and ECO have some work to do

Radio Equipment Directive • Radio Equipment assessed must be able to operate in at least one EU Country • Without this, it cannot have a CE Mark • In the past, people obtained Notified Body opinions and CE Marked their devices to the R&TTE Directive, for non-European markets • This will not be permitted under the RE Directive unless the device can actually operate in at least one EU Country (or CE Marking country)

Radio Equipment Directive • Safety for animals • If you read carefully, safety within the R&TTE Directive did include animals • But it wasn’t clear to those who didn’t understand it • To clarify, the RE Directive will specify • The protection of the health and safety of persons, of domesticated animals and the protection of property, including the objectives with respect to safety requirements set out in Directive 2006/95/EC, but with no voltage limit

Radio Equipment Directive • Clearer exclusions for equipment • Some radio equipment are covered by more specific Directives for their type of operation • Exclusion from the RE Directive for such devices will be expressed more clearly

Radio Equipment Directive • Evaluation Kits • Specifically for professionals to use in R&D facilities are excluded from the scope • • Encourage innovation and development Support R&D in Europe Other Directives do exempt these devices Remove confusion and uncertainties about this type of device with regard to Directives

Radio Equipment Directive • Encourage better contact information • Member States (MS) will encourage Economic Operators (EO) to include website addresses in addition to postal addresses • Better communication between MS, MSA, EO and consumers • MSA is Market Surveillance Authority • Economic Operator could be a manufacturer, supplier, importer, etc.

Radio Equipment Directive • Encourage better contact information • Equipment must show identifying numbers and contact details for responsible party(ies) • Contact name and details for a person must be supplied with each device • On the device, or documentation for small devices • Importers must show similar information • Stick contact details to equipment or packaging • Supply chain to accept legal responsibility

Radio Equipment Directive • Codify requirements for universal chargers • Presently, common/universal chargers are optional under industry MOUs • Requirement in the directive for common or universal chargers • For example, mobile phones, tablets, cameras, music players, etc. • Desire is to reduce impact to the environment and inconvenience to consumers

Radio Equipment Directive • Electronic labelling • European Commission and many MSAs have not been in favour of electronic labelling • Proposed text should allow electronic labelling for certain, appropriate types of equipment • For example, equipment with an integral screen • Other information may also be permitted electronically, such as model and contact points • Devices without initial charge could have a removable label for shipping

Radio Equipment Directive • No more Country Notifications for Class 2 • Class 2 devices for use in non-harmonised frequency bands presently require Notification to each member state • The proposal is to drop this requirement

Radio Equipment Directive • No more Alert Symbol for Class 2 • Class 2 devices must show the Alert Symbol to alert the user of a restriction of use • This symbol will no longer be used • Face it; who other than us knew what it meant?

Radio Equipment Directive • No more CE Mark in the user manual • Presently, the CE Mark must appear in the user manual • The proposal is to drop this requirement

Radio Equipment Directive • Notified Body “Certificate” • The name of the Notified Body opinion will change to “Type Examination Certificate” • Not to be confused with “Type Approval Certificate”, used in certification Directives • It is a Do. C Directive and the Notified Body role is still a reviewing role; not certification • No more Negative Opinion; only a Certificate, or no Certificate • Need a way to track ‘no certificate’

Radio Equipment Directive • Notified Body Report • To accompany the Notified Body Type Examination Certificate, the Notified Body will be required to supply a report to explain and justify the issuing of the certificate

Radio Equipment Directive • Notified Body number on the product • Presently the NB number appears on the label of the product for any NB involvement • Identification of Essential Test Suites (Annex III) • Review and Opinion (Annex IV) (most common) • Full quality assurance (Annex V) • Under the RE Directive, the NB number will only be on the label when the full quality assurance route (Annex V) is used

Radio Equipment Directive • Mandatory use of Notified Body (non-HS) • Presently any deviation from harmonised standards requires review and opinion from a Notified Body • This was never the intention with the R&TTE D • RE Directive will clarify that only deviation from radio (Article 3. 2) standards will mandate the review of a Notified Body • Although any/full review is always an option

Radio Equipment Directive • Translations not required • Do. C must be available in each language • There was a proposal to translate the whole TCF into each language • This proposal has not been accepted

Radio Equipment Directive • Registration • It’s not in, but it’s not completely out • The RE Directive will include the possibility for the EU Commission to prescribe registration for specified products based on inadequate compliance • Therefore, types of device which get onto the naughty list could prompt a registration system to be started and the hooks will be in place

Radio Equipment Directive • Single Do. C • As expected from the NLF, all applicable Directives to be referenced on one Do. C • If necessary, it can be multiple pages • In the case of multiple signatories, for example

Radio Equipment Directive • Photograph on the Do. C • There was a proposal that all Do. Cs must contain a photo of the device • Compromise is that if a photos is supplied, it must be in colour and of good quality

Radio Equipment Directive • Manufacturer’s sample testing • When appropriate, manufacturers will be required to perform their own sample testing, keep records of problems and inform others

Radio Equipment Directive • Manufacturer providing information • Manufacturers are obliged to cooperate with national authorities and provide any information requested by the authority

Radio Equipment Directive • Good luck! • Hopefully the final text will be out before the next TCB Council Workshop • Anticipate detailed presentations at the workshop in October 2014

Questions? • Contacts: • michaeld@acbcert. com • www. acbcert. com