1. BROADCAST RECEIVERS - RADIO EQUIPMENT DIRECTIVE: HOW ETSI CAN HELP Michael SharpeDirector: Spectrum & Equipment Regulation michael.sharpe@etsi.org © ETSI 2014. All rights reserved

2. Summary Three new Directives adopted in 2014 Existing legislation What did it intend to achieve? What has changed? Why? What needs to be done for broadcast receivers? When? How ETSI can help 2

3. 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 OJ L96 29 March 2014 To be applied from April 2016 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1 year for manufacturers to comply) Replaces Radio & Telecommunication Terminal Equipment Directive (RTTED) 1999/5/EC, repealed with effect from 13 June 2016 3

4. 1999/5/EC (RTTE Directive) What was its purpose? 4

5. 5 To allow new equipment onto the market quickly Type approval (ex-ante) -> Market surveillance (ex-post) Minimum technical requirements (e.g. radio receivers) Horizontal market for terminals Operators to publish interfaces Encourage openness / harmonisation of spectrum use National regulations to be notified Equivalence identified & published at EU level RTTED did NOT attempt to harmonise use of radio spectrum “Regulation by market forces where possible”

6. 1999/5/EC (RTTE Directive) 6 LVD & EMCD only applied Broadcast receivers were specifically excluded

7. Other Legislative developments since 1999 (personal selection !) Radio Spectrum Decision Legally binding EU measures to harmonise use of certain radio frequencies Decision 2002/676/EC (OJ L108 24.4.2002) "New Legislative Framework” Harmonised framework of obligations on manufacturers, importers, enforcement and accreditation authorities Replaced “New Approach” & “Global Approach” Regulations 764/2008 & 765/2008; Decision 768/2008/EC (OJ L218 13.8.2008) Control of Commission's implementing powers Procedures for “delegated acts” and “implementing acts” Regulation 182/2011 (OJ L55 28.2.2011) European Standardisation Replaced 98/34/EC: basic instrument for European Standardisation New processes for Harmonised Standards & Mandates Regulation 1025/2012 (OJ L316: 24.11.2012) 7

8. Radio Equipment Directive 2014/53/EU: New elements (a selection) RED covers equipment which intentionally transmits or receives radio waves Includes: broadcast receivers, any product with a GPS, WiFi, NFC… Increased emphasis on efficient and effective use of spectrum, in particular by improving radio receiver requirements LVD & EMCD will no longer apply to RED equipment Same Essential Requirements (*); Definition & provisions in RED Specific links to Radio Spectrum Decision Member States apply provisions from 13 June 2016 Industry has one further year to comply 8

9. Essential requirements for all radio equipment including broadcast receivers Art. 3.1(a): Safety requirements as LVD, but with no lower voltage limit Art 3.1(b): EMC requirements as EMCD Art 3.2: effective and efficient use of radio spectrum to avoid harmful interference See recitals (10) & (11): aim to increase the resilience of receivers to ensure efficient use of spectrum in adjacent bands. Broadcast receivers are Radio Equipment Declaration of Conformity to Radio Equipment Directive 9

10. CENELEC-ETSI Co-operation & work repartition agreements Safety Standards are developed by CENELEC (art 3.1 (a)) ETSI contributes via TC Safety EMC (art 3.1(b)): EMC for comms network equipment and radio equipment other than broadcast receivers by ETSI; EMC Standards for broadast receivers by CENELEC Generic EMC standards and other EMC product standards by CENELEC Radio spectrum standards by ETSI (art 3.2 & art 3.3) No identified need to change the above 10

11. 11 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 European Radio Regulatory System

12. 12 Policy positions Legal certainty Political support Harmonized Standards and other standards & specifications to support EU legislation & market development Harmonizing National Frequency Allocations Coordinating International Negotiations

13. 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 OCG(34)10 – SRDoc spectrum procedures EG 201 788 - Guide for drafting an ETSI System Reference document (SRDoc) 13

14. 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 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 are invited to commit themselves to implement CEPT/ECC Decisions 14

15. Spectrum-sharing study 15 ETSI System Reference Doc Other users? Rx specs? Can they co- exist? Tx specs? Sharing conditions CEPT Frequency Decision ETSI Harmonized Standard Is this the best use of spectrum?

16. Radio Spectrum Decision (2002/676/EC) Where an EU policy is at stake, the European Commission can enact binding spectrum measures European Commission consults Member States in the Radio Spectrum Committee (RSCOM): Before adopting mandates to CEPT Before enacting binding Commission Decisions on spectrum ETSI and CEPT/ECC are permanent observers in RSCOM 16

17. ETSI Harmonized Standards A manufacturer can show that he meets essential requirements by applying ETSI Harmonized Standards Standardisation request (Regulation 1025/2012) 17

18. Access to market via Harmonised Standards 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 No specific provisions for “essential radio test suites” 18

19. 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 19

20. Harmonised Standards European Standards (EN) Produced under a mandate from the European Commission And adopted by Member States Implement essential requirements Adopted by National Standards Organisations EN Approval Procedure (ENAP): Public Enquiry & Vote Cited in the Official Journal of the European Union Member states required to presume conformity 20

21. Mandates New mandates expected from the Commission for: Clarification of scope of RED Receiver performance Chargers Software-Defined Radio Access to Galileo Initial mandate before "Committee on Standards” 23 October 2014 Further mandates as needed EC workshop to clarify transitional provisions 13 November 2014 21

22. 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 RTTED before 13 June 2016 may continue to be placed on the market until 13 June 2017 22

23. Impact on ETSI – initial assessment Impact on ETSI Directives Drafting rules (at least annexes D, E, G) EDM procedures and skeleton documents To be reviewed Update training material ETSI Seminar, staff training Update communications material CEPT/ETSI/EC Regulatory brochure ETSI Web site 23

24. Impact on ETSI – initial assessment Impact on co-operation with other bodies CEPT-ETSI MoU refers specifically to 1999/5/EC Needs an editorial update: no substantial change foreseen CEN-CENELEC-ETSI co-operation (art 3.1 (a)): Safety Standards are developed by CENELEC (art 3.1(b)): EMC for comms network equipment and other radio equipment by ETSI; EMC Standards for broadast receivers by CENELEC (art 3.2 & art 3.3) : Radio spectrum standards by ETSI No identified need to change the above Continuing need for close co-operation with: RTTE Compliance Association (renamed?) Administrations Co-operation group (ADCO) European Commission (TCAM & RSCOM) Radio Spectrum Policy Group (RSPG) 24

25. RED – working assumptions Mandates: Existing mandates under 1999/5/EC shall be construed as mandates under 2014/53/EU Any new “mandates” will take the form of Standardisation Requests under Regulation 1025/2012: implementing acts which follow the examination procedure of that Regulation, requiring a positive opinion of the Committee of Standards Additional requirements of article 3.3: Any Decisions invoking additional essential requirements under 1999/5/EC shall be construed as invoking the equivalent essential requirements under 2014/53/EU The Commission may invoke new additional requirements as a delegated act. 25

26. ETSI’s “one table” 26 ETSI is a recognised European Standards Organisation Association of industry players and government bodies… … members from all round the world …manufacturers, network operators, service providers, administrations, users, industry associations, universities, research bodies… … with direct participation… ETSI standards applied globally

27. 27 ETSI delivers… (normative) Technical Specification (TS) ETSI Standard (ES) European Standard (EN) Published when approved by ETSI Technical Body (Fast) Published after 60-day vote by ETSI members (meets WTO requirements) Published after (Public Enquiry & Vote) by European National Standards Organisations (meets EU requirements)

28. 28 ETSI delivers… (informative) Technical Report (TR) ETSI Guide (EG) Special Report (SR) Published when approved by ETSI Technical Body Published after 60-day vote by ETSI members (informative document of interest to several technical bodies) Information of general interest (e.g. list of known patents in ETSI standards)

29. 29 ETSI Deliverables Can all be downloaded free of charge from the ETSI web site http://www.etsi.org /standards/looking- for-an-etsi- standard/list-of- harmonized- standards

30. 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 Member States’ meetings 30

31. Opportunities as an ETSI member Opportunity to contribute to Technical Committees to set the technical requirements for market access (ETSI Harmonized Standards under Radio Equipment Directive) Possibility to contribute to requests for new spectrum (ETSI System Reference Documents) Possibility to take part in defining technical spectrum regulations (representing an ETSI member in CEPT/ECC) Possibility to contribute to ETSI input to CEPT Decision making process Opportunity to contribute to ETSI work in partnership with the European Commission (TCAM, RSCOM, RSPG) Visibility of developing regulatory policy (ETSI RADIO_BRIEFING list) http://www.etsi.org/membership 31

32. The race starts now. Ready? ETSI/BOARD(14)98a008r1 32