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Equipment that does not need to be notifiedThe lack of any formal definition of "…frequency bands whose use is not harmonised…" makes it difficult to be certain about the need to notify. TCAM has agreed there is no need to notify radio equipment which:
Helpful information can also be found in Commission Decisions on the harmonisation of spectrum (see http://ec.europa.eu/information_society/policy/ecomm/radio_spectrum/documents/legislation/index_en.htm) and the ERO Frequency Information System (http://www.ero.dk/tables?mid=8CFBE7DF-D391-4A45-9883-202E45A87A17&frames=yes) but note that these sources do not have explicit purpose in relation to Article 6.4 notification. Some of the Decisions permit Member States to have exceptions (derogations). Such exceptions may appear in a separate Decision so careful checking is necessary. Equipment Classes and Notification"Equipment Class" is not directly linked to the need for notification under Article 6.4. Nevertheless, as a consequence of the considerations set out above, it is clear that Class 1 equipment does not ever require notification. Some Class 2 equipment does require notification, some does not. For example, an FM radio broadcast station or a GSM base station will have restrictions on putting into service (a licence is required) and so they are Class 2 but clearly fall within the above description of equipment not requiring notification. Some other specific examples of Class 2 equipment not requiring notification are identified in the ERO list of Class 1 sub-classes – see the notes to sub-classes 54 & 57 and the "Note on Sub-class 22" (http://www.ero.dk/rtte). The Grey AreasThere are two areas where a few Member States take a different view. The first concerns whether there is a need to make a notification to a country where the equipment is not placed on the market. The text of the Directive suggests not (national markets and relevant national authorities are mentioned) but since equipment may move freely between the Member States (the "single market") some authorities take a different view. The second concerns equipment subject to restrictions on putting into service (ie Class 2 equipment). Some authorities take the view that such restrictions indicate a lack of harmonisation (even though the restriction may not explicitly concern radio parameters) and so the equipment concerned must be notified. It can be argued at length whether these are correct interpretations of the R&TTE Directive but in some cases they are embodied in national law and so cannot be ignored. The "safe" default action is therefore to notify all Class 2 equipment to all Member States. This may serve to irritate some national authorities but is preferable to having enforcement action for failing to notify. Future notification of similar equipment after an authority has indicated that it is not necessary is best avoided, though. The "One-Stop-Notification" (OSN) system described later largely eliminates these issues. Who is responsible for making the notification?The manufacturer, his authorised representative established within the Community or the person responsible for placing the equipment on the market must make the notification. When must the notification be made?The notification must be made at least 4 weeks before the equipment is placed on the market. What is the content of the notification?The notification must include as a minimum: frequency bands, channel spacing, type of modulation, RF power and, if a notified body has been involved in the conformity assessment, their identification number. However, more information is usually demanded and a common format has been agreed for this. Submitting the notification – the "One-Stop Notification" (OSN) toolThe simplest way of making a notification is by using the "One Stop Notification" (OSN) tool. To do this, you will need to create an account or
login at: Italy – form for Article 6.4 Notification © 2009 Cartman dot ORG Limited |