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There are no references to specific technical standards in the Directive itself. Instead, reference is made to essential requirements that are generic.
All apparatus must meet health & safety and EMC requirements. These requirements are cross-referenced to directives dealing specifically with such matters (Directives 73/23/EEC and 89/336/EEC respectively).
In addition, radio equipment is required to use spectrum efficiently so as to avoid harmful interference.
Exceptionally, additional essential requirements that relate to interworking, network harm, privacy, avoidance of fraud, access to emergency services
and/or users with a disability may be imposed under Article 3.3 of the directive. In practice, such additional essential reuirements have been restricted to certain types of radio equipment listed below and their
access to emergency services:
- avalanche beacons;
- radiotelephone equipment on certain inland waterways;
- marine radio communication equipment which is intended to be used on non-SOLAS vessels and to participate in the Global Maritime Distress and
Safety System (GMDSS)
- radio equipment intended to be used on non-SOLAS vessels and which is intended to participate in the Automatic Identification System (AIS)
- access of Cospas-Sarsat locator beacons to emergency services
Since there are no references to specific standards, manufacturers have choice and responsibility in which technical standards to apply. Where
harmonised standards or the relevant parts of harmonised standards are used, then compliance with the essential requirements can be safely assumed (the so-called "presumption of compliance".
The absence of harmonised standards does not mean that compliance with essential requirements cannot be demonstrated. Manufacturers may use any
appropriate standards but there is not the guaranteed presumption of conformity that comes with the use of harmonised standards. For that reason, manufacturers may choose to or be obliged to involve a notified body
(or other third party) in the assessment of conformity.
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