SEM26-01 THE REGULATORY ENVIRONMENT IN EUROPE How does ETSI help? ETSI Seminar © ETSI All rights reserved

SEM26-01 ETSI – Part of the European Regulatory System 2 AlbaniaLithuania AndorraLuxembourg AustriaThe Former Yugoslav Republic of Macedonia (FYROM) AzerbaijanMalta BelarusMoldova BelgiumMonaco Bosnia and Herzegovina Montenegro BulgariaNetherlands CroatiaNorway CyprusPoland Czech RepublicPortugal DenmarkRomania EstoniaRussian Federation FinlandSan Marino FranceSerbia GeorgiaSlovak Republic GermanySlovenia GreeceSpain HungarySweden IcelandSwitzerland IrelandTurkey ItalyUkraine LatviaUnited Kingdom LiechtensteinVatican City

SEM26-01 Directives and Regulations (equipment) Radio & Telecommunications Terminal Equipment (RTTE) Directive 1999/5/EC (under revision) ElectroMagnetic Compatibility (EMC) Directive 2004/108/EC (updates 89/336/EEC) Radio Spectrum Decision 676/2002/EC

SEM26-01 Directives and Regulations (networks & services) Framework Directive (2002/21/EC) Authorisation Directive (2002/20/EC) Privacy Directive (2002/58/EC) Universal Service Directive (2002/22/EC) Access Directive (2002/19/EC) Amended by Directives 2009/136/EC (Better regulation) and 2009/140/EC (Citizens Rights)

SEM26-01 Directives & regulations (safety) 5 « Physical Agents Directive » protects workers (2008/46/EC) (amends 2004/40/EC) Low Voltage Directive (2006/95/EC) (codification of 73/23/EEC) Council Recommendation on limitation of EM Field exposure of General Public (1999/519/EC)

SEM26-01 Directives & regulations (sector-specific) 6 Childrens toys (2009/48/EC) Motor vehicles, systems, components, separate technical units … (2007/46/EC) Marine Equipment Directive (96/98/EC) Medical Devices (90/385/EEC, 93/42/EEC, 98/79/EC + amendments) Single European Sky: Interoperability Regulation (552/2004) …and many more.

SEM26-01 Directives & regulations 7 Talk to ETSI! Who can help?

SEM26-01 European regulations on radio equipment and spectrum 8 Policy positions Legal certainty Political support Harmonized Standards and other standards & specifications to support EU legislation & market development Harmonizing National Frequency Allocations Harmonizing NRA activities Coordinating Internat- l Negotiations

SEM26-01 Origin and aim of the RTTE Directive © ETSI All rights reserved 9 The market for RTTE equipment exceeds 30 BEURO and is undergoing rapid growth It was previously regulated through an EU Directive (98/13/EC) and more than 1000 national approval regulations As of 8 April 2000 the RTTE directive has replaced these national regulations and governs the marketing and use of R&TTE equipment Directive establishes a regulatory framework for the placing on the market, free movement and putting into service in the Community of radio equipment and telecommunications terminal equipment More information:

SEM26-01 What does a manufacturer need to do? (RTTE Directive) Meet essential requirements Health & safety Electromagnetic compatibility Avoidance of harmful interference Radio equipment only Possibly others, if invoked by the EC Carry out essential radio test suites Meet National radio interface regulations Inform member state before placing on the market If using non-harmonised radio spectrum CE (!) 10

SEM26-01 How can ETSI help (1)? 11 A manufacturer can show that he meets essential requirements by applying ETSI Harmonized Standards

SEM26-01 Harmonised Standards Where apparatus meets the relevant harmonised standards or parts thereof whose reference numbers have been published in the Official Journal of the European Communities, Member States shall presume compliance with those of the essential requirements referred to in Article 3 as are covered by the said harmonised standards or parts thereof. [RTTED: Article 5.1] 12

SEM26-01 Harmonised Standards European Standards (EN) Produced under a mandate from the European Commission And adopted by Member States (98/34 committee) Implement essential requirements Adopted by National Standards Organisations Cited in the Official Journal of the European Union Member states required to presume conformity 13

SEM26-01 Harmonised Standards (RTTE) 14 Mandate M/284 (& specific mandates) Identify « essential radio test suites » necessary before placing on the market Only the part of the standard relevant to the Directive is cited in the OJEU Identify technical requirements necessary to meet regulatory objective (essential requirements)

SEM26-01 Harmonised Standards (RTTE) 15 ETSI technical work is co-ordinated in ETSI by a Steering Committee (OCG RTTED) Commission refers regulatory issues to Member States (TCAM committee) ETSI is a permanent observer in TCAM

SEM ETSI standards in the OJEU More than 160 standards listed under RTTE&D and EMCD R&TTE Directive: art.3.1b (EMC) – 35 (Essentially EN series) art. 3.2 – more than 120; art.3.3 – 7 (Maritime specific requirements) EMCD (Directive 2004/108/EC) – 3Directive 2004/108/EC

SEM26-01 RTTE Directive, article 3.2: Avoid harmful interference The overlapping signal is seen as interference to the legacy receiver. This was traditionally solved by exclusive licensing. ETSI EN (SRDs operating in up to 1GHz), EN (Wideband transmitting systems in 2,4 GHz) to solve inter systems interference © ETSI All rights reserved 17 noise Signal 1 Signal 2 F1F1 F2F2 interference Harmful Interference. Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with [the ITU] Radio Regulations.

SEM26-01 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 theres a mistake in the standard? Revisions can be initiated quickly Safeguards can be invoked in worst cases 18

SEM26-01 But...??!! Compliant equipment can be sold in all EU/EFTA, but... Individual Member States can restrict it being put into service! For reasons relating to the effective and appropriate use of the radio spectrum For avoidance of harmful interference Matters relating to public health The manufacturer is required to alert the user of such restrictions © ETSI All rights reserved

SEM26-01 How can ETSI help (2)? Co-ordinate with European Radio Regulators to develop and align National frequency regulations 20

SEM26-01 CEPT-ETSI Memorandum of Understanding ETSI develops System Reference Documents to accompany requests for aligned radio frequencies in CEPT countries CEPT/ECC studies compatibility and develops conditions for spectrum sharing ETSI members may participate in 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 may commit themselves to implement CEPT/ECC Decisions © ETSI All rights reserved

SEM26-01 Spectrum and equipments in Europe 22 Creation of SRDoc Creation of candidate HS Creation of Decision / Recommendation Creation of EC Decision ECC RSCom National frequency allocations National licensing regimes Citation in Official Journal of the EC Spectrum allocation with legal certainty Harmonized Standard System Reference Document (SRDoc) Candidate Harmonized Standard ECC Decision/ Recommendation EC Decision World Radio Conference (WRC) Global spectrum allocation Spectrum requirement From ETSI members, EC etc ETSI Liaison Officer ETSI Representative

SEM26-01 But...??!! The implementation of CEPT/ECC deliverables is subject to the decision of National governments If use of frequencies is not harmonised in all EU Member States, the manufacturer is required to inform the National authorities 4 weeks before placing his equipment on the market! © ETSI All rights reserved

SEM26-01 How can ETSI help (3)? ETSI and CEPT assist the European Commission to develop spectrum measures which are binding on National governments. Commission Decisions provide legal certainty in: EU Member States EEA Countries Bilaterally associated countries Accession countries © ETSI All rights reserved

SEM26-01 Spectrum: How do we get an ETSI input? Basic description of application Simple technical description Current ETSI standards Justified spectrum requirements Possible compatibility issues Market forecasts Traffic evaluation Economic/social benefit Market window Requested action from CEPT 25 Guide EG System Reference Document

SEM26-01 Spectrum: How do we get an ETSI view? 26 SRDoc to CEPT System Reference Document Affected ETSI TBs Is there consensus? Have all interested parties been consulted? Resolution by members of affected TBs TC ERM

SEM26-01 Spectrum and equipments in Europe 27 Creation of SRDoc Creation of candidate HS Creation of Decision / Recommendation Creation of EC Decision ECC RSCom National frequency allocations National licensing regimes Citation in Official Journal of the EC Spectrum allocation with legal certainty Harmonized Standard System Reference Document (SRDoc) Candidate Harmonized Standard ECC Decision/ Recommendation EC Decision World Radio Conference (WRC) Global spectrum allocation Spectrum requirement From ETSI members, EC etc ETSI Liaison Officer ETSI Representative

SEM26-01 Co-ordination with European Commission on spectrum mandates European Commission consults Member States in the Radio Spectrum Committee: Before sending mandates to CEPT Before enacting Commission Decisions on spectrum ETSI and CEPT/ECC are permanent observers © ETSI All rights reserved

SEM26-01 The Radio Spectrum Decision (676/2002/EC) 29 Radio Spectrum Committee (RSCOM) European Commission requests CEPT to provide frequency allocations in support of EU policies CEPT output codified into a Commission Decision Legal certainty ! CEPT and ETSI are permanent observers

SEM26-01 Legal certainty in EU/EFTA! © ETSI All rights reserved ETSI Harmonized Standard and EC Spectrum Decision: access to market and right to use spectrum with legal certainty

SEM26-01 New challenges © ETSI All rights reserved Digital dividend Software defined radio Revision of the R&TTE Directive A standard is only as good as those who participate in its development The best way to influence standards, is to make them

SEM26-01 Keeping up to date Any questions? RSPG: TCAM: RSCOM: