Harmonised Standards and The Radio Equipment Directive (RED) 4th CEPT Workshop on European Spectrum Management and Numbering 5 April 2016 Michael Sharpe Director: Spectrum & Equipment Regulation © ETSI 2016. All rights reserved

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European Radio Regulatory System Policy positions Legal certainty Political support Harmonizing National Frequency Allocations Coordinating International Negotiations Harmonized Standards and other standards & specifications to support EU legislation & market development

New EU Legislation in 2014 Electromagnetic Compatibility (EMC) Directive 2014/30/EU OJ L96 29 March 2014 To be applied from April 2016 Replaces 2004/108/EC (originally 89/336/EEC) Low Voltage Directive 2014/35/EU Replaces 2006/95/EC (originally 73/23/EEC) Radio Equipment Directive 2014/53/EU OJ L153 22 May 2014 To be applied from 13 June 2016 (+ 1 year for manufacturers to comply) Replaces Radio & Telecommunication Terminal Equipment Directive (RTTED) 1999/5/EC, repealed with effect from 13 June 2016

Radio Equipment Directive (RED) 2014/53/EU: OJ L153 22 May 2014 Replaces Radio & Telecommunication Terminal Equipment Directive (RTTED) 1999/5/EC, repealed with effect from 13 June 2016 RED to be applied from 13 June 2016 (+ 1 year for manufacturers to comply) Covers equipment which intentionally transmits or receives radio waves for communications or radiodetermination, regardless of primary function Operating up to 3000 GHz (NB: no lower frequency limit) LVD & EMCD will no longer apply to RED equipment Many products under the scope of RED: e.g. anything with a GPS, Bluetooth, RFID, RLAN, NFC…. © ETSI 2016 All rights reserved

What does a manufacturer need to do? (Radio Equipment Directive (RED)) Meet “essential requirements” Health & safety (art 3.1(a)) (as LVD, but with no voltage limits) Electromagnetic compatibility (art 3.1 (b)) (as EMC Directive) Efficient and Effective use of the radio spectrum (art 3.2) Possibly others, if invoked by the EC (art 3.3) So far, the EC has invoked additional requirements for access to emergency services (3.3(g) – RED : was art 3.3(e) – RTTED) COSPAS-SARSAT locator beacons (EC Decision 2005/631/EC) Automatic Identification System (AIS) (EC Decision 2005/53/EC) GMDSS Marine distress & safety equipment used on non-SOLAS vessels (EC Decision 2013/638/EC) Avalanche beacons (EC Decision 2001/148/EC) Radiotelephone equipment on ships using inland waterways (EC Decision 2000/637/EC) Others may be invoked (e.g. Common charger, software)

Essential requirements “Radio equipment shall be so constructed so as to ensure an adequate level of electromagnetic compatibility as set out in Directive 2014/30/EU” (RED article 3.1(b)) “Radio equipment shall be so constructed that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference” (RED article 3.2) “Radio equipment … shall be so constructed that [it] supports certain features ensuring access to emergency services” (RED article 3.3g) ETSI is responsible for defining most* technical requirements of radio equipment in Harmonised Standards * CENELEC is responsible for EMC standards for broadcast receivers (art 3.1(b) and safety requirements for all electrical equipment (article 3.1(a)

2014/53/EU: New elements Specifically includes: Broadcast receivers Equipment operating below 9 kHz Radiodetermination equipment (Radar & Satellite Navigation) Increased emphasis on efficient use of spectrum, in particular by improving radio receiver requirements Improved provisions for market surveillance & enforcement Product registration can be introduced in cases of extensive non-compliance Clear link with Radio Spectrum Decision (2002/676/EC) Legally binding EU measures to harmonise use of certain radio frequencies New provisions for software-configurable radio, universal charger

Access to EU market via Harmonised Standards (Radio Equipment Directive) Art 7: “Member States shall allow the putting into service and use of radio equipment if it complies with this Directive ...” Art 9: “Member States shall not impede... the making available on the market if radio equipment which complies...” Art 16: “Radio equipment which is in conformity with harmonised standards ... shall be presumed to be in conformity with the essential requirements...” Art 17.3 allows the manufacturer to self-declare conformity (“Internal production control”) if he has applied harmonised standards. Alternatives are available: “EU-type examination” or “conformity based on full quality assurance” both require use of a Notified Body

Directives, regulations and the single European market Harmonised Standards 26 May 2003 European Standards (EN) Produced under a standardisation request from the European Commission agreed by Member States in the Committee on Standards (Reg 1025/2012) Implement essential requirements Adopted by National Standards Organisations Cited in the Official Journal of the European Union Member states required to presume conformity Placing on the market and free movement Member States must not prohibit, restrict or impede the placing on the market and putting into service on their territory of any apparatus if it complies with the essential requirements and other provisions of the Directive. If a Member State decides that apparatus does not meet the requirements of this Directive, it may prohibit, interrupt or restrict the placing on the market and also the putting into service of that apparatus. Using the R&TTE Directive As a New Approach Directive, the R&TTE Directive relies for its operation on Harmonized Standards developed by the recognized European Standards Organizations. These Harmonized Standards define technical characteristics which can be used to meet the essential requirements of the Directive, which are: protection of health and safety of the user and any other person, based on the protection requirements of the Low Voltage Directive 73/23/EEC (article 3.1a of the Directive) the essential requirements of the Electromagnetic Compatibility Directive (article 3.1b) effective use of the radio spectrum/orbital resource so as to avoid harmful interference (article 3.2). Michael Sharpe, ETSI Secretariat

But …??!! How can Administrations be sure that standards protect the spectrum adequately? Technical requirements are set by consensus of Administrations and Industry, in co-operation with CEPT What to do with non-compliant equipment? Effective market-surveillance is key Members States shall take steps to remove non-compliant equipment from the market But what is there’s a mistake in the standard? Revisions can be initiated quickly Safeguards can be invoked in worst cases

2014/53/EU RED does not cover Wired telecommunication terminal equipment Product requirements covered by LVD & EMCD Interfaces covered by Directive 2008/63/EC (OJ L162 21.6.2008) Equipment exclusively for public security, defence etc. Equipment for radio amateurs Unless made available on the market Marine equipment falling under 96/98/EC (Marine Equipment Directive) Airborne Products falling under Regulation 216/2008 (“EASA Regulation”) Equipment using radio waves exclusively for other purposes (e.g. RF heating, medical imagery...)

Standardisation M/536 request to CENELEC and ETSI (RED) Harmonised Standards covering new areas: Sound and TV Broadcast Receivers and other receive-only and non-receive-only equipment regarding receiver characteristics and receiver performance parameters Radio equipment operating below 9 kHz Radio-determination equipment Standards already cited under RTTE Directive To be reviewed & published under RED according to CENELEC & ETSI internal planning schedule Standards under development under repealed mandates According to schedule of original mandates © ETSI 2016. All rights reserved

© ETSI 2016. All rights reserved EC guidance in M/536 Receiver requirements emphasised in the context of harmonised conditions for availability & effective use adopted under the Radio Spectrum Decision (676/2002/EC) Harmonised Standards to include sharing mechanisms & mitigation techniques Antenna performance emphasised for mobile terminals and communication equipment used in safety of life applications © ETSI 2016. All rights reserved

RED – ETSI’s working assumptions Equipment subject to new requirements under RED (e.g. broadcast receivers) may apply previous legislation (e.g. LVD/EMCD) until 16 June 2017 Existing Harmonised Standards will still be available & applicable Avionics equipment (under discussion in EC): Radar for helicopters flying in confined spaces and wing-tip radar for aircraft taxiing on the ground will be covered by the RED “Small” UAV are covered by Machinery Directive 2006/42/EC and RED, and not EASA GSM/LTE on Board will not be covered by EASA as they are not involved in the direct control of the aircraft in flight ETSI will continue to develop Harmonised Standards for the above (may need to be incorporated into an EASA regulation) © ETSI 2016. All rights reserved

RED – ETSI’s working assumptions Trend towards “connected” electrotechnical devices (e.g. light bulbs, domestic appliances, industrial machines) Products using radiocomms or radiodetermination are covered by RED; LVD & EMCD do not apply Different EMC requirements need to be reconciled (different frequency ranges, limits & exclusion bands) Draft ETSI Guide EG 203 367: Approved for 60-day Member Vote February 2016 EN 301 489-60: EMC for smart domestic appliances under development First meeting scheduled 11 to 12 April, Frankfurt Standard for Industrial environment under consideration Working Assumption: RED also applies if the radio frequencies used are in ISM bands (e.g. Short-range devices, Radio LAN, Wireless Power Transfer) © ETSI 2016. All rights reserved

2014/53/EU (RED) Standardisation request M/536 Work programme underway: 188 Work Items for Harmonised Standards 22 Harmonised Standards published awaiting citation in the OJEU 69 in Public Approval / Resolution of comments / National Vote 29 Approved by TB – awaiting start of ENAP 51 Scheduled for TB Approval before end June © ETSI 2016. All rights reserved

New standardisation areas under RED (some examples) Sound & TV Broadcast Receivers: Digital Terrestrial TV Broadcast Receivers: EN 303 340 Sound Broadcast Receivers: EN 303 345 Satellite Broadcast Receivers: EN 303 372-1 & -2 Equipment operating below 9 kHz Inductive loop / Telecoil EN 303 348 General radio below 9 kHz: EN 303 660 Radiodetermination Marine radar (ERM TG26): EN 302 194, EN 302 248, EN 302 752, EN 303 135 Aeronautical radar (ERM JTFEA): EN 303 346, EN 303 363, EN 303 364 Automotive Radar (ERM TG SRR): EN 301 091, EN 302 264, EN 302 858 Meteorological Radar (ERM JTFEA): EN 303 347 GPS receivers & repeaters (SES): EN 303 413 © ETSI 2015. All rights reserved

Entry into force & transition Member states shall transpose the RED into National law before 13 June 2016 and apply its provisions from that date.. Radio equipment which was compliant to legislation in force before 13 June 2016 may continue to be placed on the market until 13 June 2017 Equipment subject to new requirements under RED (e.g. broadcast receivers) may apply previous legislation (e.g. LVD/EMCD) until 13 June 2017

What about radio spectrum? Like the RTTED, the RED does not harmonise use of Spectrum ETSI will continue to co-ordinate with European Radio Regulators in CEPT to develop and align National frequency regulations

CEPT-ETSI Memorandum of Understanding In parallel to the development of Harmonised Standards, ETSI develops “System Reference Documents” to accompany requests for aligned radio frequencies in CEPT countries CEPT/ECC studies compatibility with other spectrum users and develops conditions for spectrum sharing ETSI members may participate in CEPT/ECC studies and the drafting of spectrum measures ETSI is a permanent observer in CEPT/ECC groups that adopt Decisions & Recommendations on spectrum allocations Individual National Administrations (48) are invited to commit themselves to implement CEPT/ECC Decisions

Spectrum and equipments regulation in Europe Spectrum requirement Aligned National licensing regimes (CEPT) From ETSI members, EC etc. National frequency allocations ECC RSC Creation of SRDoc Decision / Recommendation Creation of EC Decision System Reference Document (SRDoc) ECC Decision/ Recommendation EC Decision Spectrum allocations with legal certainty (EU) ETSI Liaison Officer ETSI Representative Harmonised Standard Citation in Official Journal of the EC Harmonised Standard Presumption of conformity Access to market

EC binding spectrum measures, an example

ETSI Secretariat Harmonized standards need to be fit for purpose to provide presumption of conformity with these Directives, and be compatible with CEPT & Commission spectrum harmonisation measures ETSI Secretariat monitors developments in spectrum policy and regulatory issues, provides support and guidance to Technical Bodies and advice to authorities on developments in ETSI ETSI Secretariat co-ordinates with the Commission for timely and accurate listing of Harmonised Standards in the OJEU RADIO_BRIEFING list for briefing before key meetings

Workshop “53 shades of RE-D” In co-operation with ADCO RTTED & the R&TTE Compliance Association “How to place compliant radio equipment on the European market” 4 November 2015, ETSI Headquarters http://www.etsi.org/RE-D-WORKSHOP Follow-up tentatively planned for 1 December 2016 © ETSI 2015. All rights reserved

Thank you for your attention…. michael.sharpe@etsi.org ETSI 650 route des Lucioles F-06921 Sophia Antipolis www.etsi.org