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There are no references to specific technical standards in the R&TTE 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 2006/95/EC and 2004/108/EC
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 requirements 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)
- marine 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
The basis for each of these Article 3.3 essential requirements is set out in separate Commission Decisions which are, in turn, reflected in harmonised standards.
Since there are no references to specific standards in the directive itself, 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 or other technical basis but there is not
the guaranteed presumption of conformity that comes with the use of harmonised standards. In the case of radio equipment manufacturers must involve a notified body in the assessment of conformity when
harmonised standards are not applied. For other equipment (and for radio equipment where harmonised standards are applied), the manufacturer may choose to involve a notified body or (other third party).
© 2008 Cartman dot ORG Limited
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