Radio Equipment Regulations 2017 come into force on Boxing Day
Written by: Sam Fenwick | Published:

The Radio Equipment Regulations 2017, which implements the EU Radio Equipment Directive (RED) into UK law, will go into effect on 26 December 2017, having been laid before Parliament on 5 December.

As a consequence, products that are compliant with the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (R&TTE) can be placed on the UK market until 25 December 2017.

The RED Directive replaces the Directive on Radio and Telecommunications Terminal Equipment (RTTE) 1999/5/EC and the Regulations will revoke the R&TTE, subject to certain exemptions relating to equipment already placed on the market.

At the European level, RED came into effect on 13 June 2016, with a one-year grace period that ended on 12 June 2017.

The government will review the effects of the legislation five years after it comes into force, as part of a post implementation review.

Guidance on the new regulations can be found here, while the Department for Business, Energy & Industry Strategy’s (BEIS) response to the consultation on the RED can be found here.

According to the latter, “All respondents made comments about enforcement, but no common theme emerged.”

In its response to the comments BEIS said that: “Enforcement continues to be a priority to safeguard consumers from unsafe product; to protect the radio spectrum and to protect those complying with the legislation from unfair competition.”

BEIS was unable to determine the cost of the regulations to the wider market from the responses to the consultation. One respondent said that it would benefit annually by £100,000 as a consequence of the need for additional testing by manufacturers to demonstrate compliance with RED.

BEIS states that: “The main changes the 2017 Regulations introduce relate to inclusion of broadcast receivers and removal of the lower frequency limit to cover the radio spectrum below 9kHz; the Regulations also provide for alignment with the New Legislative Framework (NLF) principles. The NLF consists of a Regulation (EC) No 765/2008 on accreditation and market surveillance and a Decision No 768/2008/EC on a common framework for the marketing of products that aim to create a more coherent and consistent legal framework for the marketing of products in the European Union across all sectors.

“The new content of the Regulations, amongst other things, relates to definitions such as “placing on the market” and “making available on the market”; more detailed obligations for economic operators (manufacturers, authorised representatives, importers and distributors); market surveillance procedures, including the Union safeguard procedure; and an enforcement regime for offences committed in the UK.”

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