Procedures for Conformity Assessment, Distribution and Utilisation of Radio Equipment

Republic of Latvia

Cabinet

Regulation No. 561

Adopted 21 August 2007

Procedures for Conformity Assessment, Distribution and Utilisation of Radio Equipment and Electronic Communications Network Terminal Equipment

Issued pursuant to

Section 7

of the Law On Conformity Assessment,

Section 7, Clause 1 and 2 and Section 46, Paragraph two

of the Electronic Communications Law

1. General Provisions

1. These Regulations prescribe:

1.1. essential requirements and procedures for conformity assessment for the following equipment:

1.1.1. electronic communications network terminal equipment (hereinafter – terminal equipment);

1.1.2. radio equipment; and

1.1.3. equipment that is both terminal equipment and radio equipment;

1.2. procedures for the distribution and use of the equipment (hereinafter – communication equipment) referred to in Sub-paragraph 1.1 of these Regulations;

1.3. procedures by which the information, necessary for the fulfilment of the functions of the Electronic Communications Office (hereinafter – Office), shall be requested and received; and

1.4. procedures by which the employees of the Office shall have access to the premises, buildings and equipment, which are utilised for the ensuring of an electronic communications network or for the provision of electronic communications network services, and equipment, during the activity of which, a harmful radio interference is caused or may be caused (hereinafter – interfering equipment), as well as shall request that the permits for the use of the radio frequency allocation, conformity certifications or other documents related to the utilisation of electronic communications would be presented.

2. The requirements of these Regulations that pertain to radio equipment and the requirements of these Regulations that pertain to terminal equipment shall be applied for the equipment referred to in Sub-paragraph 1.1.3 of these Regulations.

3. These Regulations shall not apply to such communication equipment:

3.1. that is intended only for the reception of sound and television broadcasting signals, except for the case if such equipment is considered to be interfering equipment. Then the requirements specified in Paragraphs 142 and 143, Sub-paragraph 145.2 and Paragraphs 148 and 150 of these Regulations shall be applied; or

3.2. that is intended for the purpose of national defence and is used in the radio frequency bands specified in the national radio frequency plan, which are allocated for use, only for the purpose of national defence.

4. Chapters 2, 3, 4, 5 and 8 of these Regulations shall not apply to:

4.1. radio equipment of radio amateurs, which is not sold, leased or offered otherwise in order to gain profit (including a kit of components intended for assembling and communication equipment that has been modified by radio amateurs for their own use);

4.2. communication equipment of sea-going vessels, to which regulatory enactments apply regarding the equipment of sea-going vessels and the conformity assessment thereof;

4.3. communication equipment to be utilised during a flight that has been set up or it is intended to be set up or attached to the civil aviation aircraft; and

4.4. communication equipment that is utilised only to ensure public order, protection or State security (including the national economic welfare), as well as State activities in the field of criminal law.

5. Chapter 6 of these Regulations shall not apply to the radio stations of radio amateurs.

2. Essential Requirements (Basic Requirements) and Standards to be Applied

6. The following essential requirements are specified for the communication equipment:

6.1. the radio equipment shall ensure an efficient utilisation of the radio frequency spectrum, allocated for radio communication of the Earth and Space, and orbit resources, without causing harmful radio interference;

6.2. the activity of terminal equipment shall not cause harm to the public electronic communications network or to the functioning thereof;

6.3. the terminal equipment shall interwork with the public electronic communications network for the creation, modification, tariff classification, maintenance or disconnection of a real or virtual connection;

6.4. the terminal equipment, through the public electronic communications network, shall interwork with other equipment and shall ensure connection with the specified interface;

6.5. the requirements of the regulatory enactments regarding the electrical safety of equipment shall be applied also to communication equipment with a voltage of up to 50 V for alternating current or up to 75 V for direct current;

6.6. when using the communication equipment for the intended purpose, the electromagnetic field radiated by it shall not be harmful to human health;

6.7. the requirements of the regulatory enactments regarding the electromagnetic compatibility of equipment shall be applied also to communication equipment; and

6.8. the communication equipment referred to in Annex 1 to these Regulations shall be equipped so that the access of the rescue service is ensured.

7. Sub-paragraphs 6.6 and 6.8 of these Regulations shall not apply to communication equipment, which is used, or the distribution or putting into circulation of which has been commenced prior to the coming into force of these Regulations.

8. The Ministry of Transport, in co-operation with the relevant technical committee for standardisation, shall recommend to the limited liability company Latvijas standarts [Latvian Standard] a list of standards to be adapted, which may be applied for the fulfilment of the essential requirements of these Regulations.

9. The limited liability company Latvijas standarts [Latvian Standard] shall submit for publication in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia] a list of applicable standards, which may be applied for the fulfilment of the essential requirements of these Regulations (hereinafter – applicable standards).

10. If the communication equipment conforms to the applicable standards or the parts thereof, and if these standards or the parts thereof are being applied correctly and attributed to the communication equipment, it shall be considered that this communication equipment conforms to the essential requirements, which are completely covered by the relevant applicable standards or the parts thereof.

11. If it is determined that, applying correctly and attributing the applicable standards, the conformity of the communication equipment with the essential requirements is not ensured, the notified body or the surveillance authority referred to in Paragraph 21 of these Regulations shall inform thereof the Ministry of Economics. The Ministry of Economics shall inform the European Commission.

12. If the indications regarding the interpretation of the applicable standards or conditions, which have to be taken into account in order to ensure, when applying these standards, the conformity of the communication equipment with the essential requirements, have been published in the Official Journal of the European Communities, or the information regarding the withdrawal of the applicable standards has been published, the Ministry of Economics shall publish such information in the newspaper Latvijas Vēstnesis.

3. Conformity Assessment

3.1. General Provisions

13. In order to ensure the conformity of the communication equipment with the essential requirements, a person, which is the manufacturer of the communication equipment or an authorised representative thereof in the European Union, or which is responsible for the placing the communication equipment on the market (hereinafter – person responsible for conformity), shall fulfil all the requirements specified in this Chapter.

14. If any of the requirements referred to in this Chapter is not fulfilled, except the case when a possibility of choice has been given, it shall be considered that the conformity of the communication equipment with the essential requirements has not been assessed and confirmed.

15. The conformity with the requirements of Sub-paragraphs 6.5 and 6.6 of these Regulations shall be assessed and confirmed at choice in accordance with these Regulations or the regulatory enactments regarding electrical safety of electrical equipment, applying them also to the equipment with a voltage of up to 50 V for alternating current and voltage of up to 75 V for direct current.

16. The manufacturer shall carry out the procedure at choice for the terminal equipment or radio equipment, which is only intended for reception, in conformity with Sub-chapter 3.2, 3.4 or 3.5 of these Regulations.

17. If all applicable standards are applied fully when manufacturing the radio equipment, which is intended for transmission, the manufacturer shall carry out the procedure at choice in accordance with Sub-chapter 3.3, 3.4 or 3.5 of these Regulations.

18. If all applicable standards are applied partly or have not been applied at all when manufacturing the radio equipment, which is intended for transmission, the manufacturer shall carry out the procedure at choice in accordance with Sub-chapter 3.4 or 3.5 of these Regulations.

19. The tasks of the conformity assessment authority, referred to in Sub-chapters 3.3 and 3.4 of these Regulations, shall be carried out by the product certification authorities, which have been accredited at the State Agency “Latvian National Accreditation Bureau” in conformity with standard LVS EN 45011:2004 General requirements for bodies operating product certification systems, and in respect of which the Ministry of Economics has published a notification in the newspaper Latvijas Vēstnesis, or by other conformity assessment authorities notified in the European Union.

20. The tasks of the conformity assessment authority, referred to in Sub-chapter 3.5 of these Regulations, shall be carried out by the quality system certification authorities, which have been accredited at the State Agency “Latvian National Accreditation Bureau” in conformity with standard LVS EN ISO/IEC 17021:2006 Conformity assessment. – Requirements for bodies providing audit and certification of management systems, and in respect of which the Ministry of Economics has published a notification in the newspaper Latvijas Vēstnesis, or by other conformity assessment authorities notified in the European Union.

21. The conformity assessment authorities (hereinafter – notified body) referred to in Paragraphs 19 and 20 of these Regulations shall fulfil the following requirements when performing the tasks specified in these Regulations:

21.1. the manager and employees of the notified body responsible for carrying out the tasks for which the notified body has been designated, shall not be directly related to the design, manufacture, import, trade, supply or installation of the specific communication equipment and shall not represent persons that are directly related to the referred to activities. In such case the exchange of technical information between the notified body and the person responsible for conformity shall not be prohibited;

21.2. the staff of the notified body shall carry out the tasks, specified in these Regulations, for which the notified body has been designated, professionally, fairly and with technical competence, and shall ensure that the work is not influenced (especially financially) by persons or group of persons that are interested in the acquired results;

21.3. the notified body shall have at its disposal the necessary staff and facilities in order to be able to properly carry out the administrative and technical work associated with the tasks, specified in these Regulations for the bodies, for which it has been designated;

21.4. the staff, which carries out the inspection referred to in Paragraph 50 of these Regulations, shall have:

21.4.1. conforming technical and professional training;

21.4.2. satisfactory knowledge of the requirements of the tests or inspections to be carried out and adequate experience of such tests and inspections; and

21.4.3. the ability to draw up the conformity assessment certificates, records and reports required to authenticate the performance of the inspections;

21.5. the impartiality of the inspection staff shall be guaranteed by the notified body, when carrying out the inspection referred to in Paragraph 50 of these Regulations. The remuneration shall not depend on the number of inspections carried out, nor on the result thereof;

21.6. the civil liability of the staff of the notified body shall be insured; and

21.7. the staff of the notified body is bound to observe professional secrecy with regard to all information gained in carrying out its tasks, except the cases specified in regulatory enactments.

22. If carrying out the conformity assessment in accordance with Paragraphs 16, 17 or 18 of these Regulations, it has been concluded that the communication equipment conforms with the essential requirements, a person responsible for conformity shall draw up a written declaration of conformity (also in electronic form). At least the following shall be included in the declaration:

22.1. the number of the type or model of the communication equipment and, if necessary, a short description;

22.2. the enumeration of those essential requirements, to which the communication equipment conforms;

22.3. references to documents (for example, regulatory enactments, standards or other technical specifications), which have been applied, ensuring the conformity of the communication equipment with the essential requirements;

22.4. conformity notification;

22.5. the name and address of the issuer of the declaration;

22.6. the location and date of issue of the declaration; and

22.7. the given name, surname and signature of the person responsible.

23. The person responsible for conformity shall keep the declaration referred to in Paragraph 22 of these Regulations together with the conformity assessment documentation.

24. The conformity assessment documentation and the conformity declaration shall be presented by the person responsible for conformity upon the request of the Consumer Rights Protection Centre (hereinafter – Centre) or of the Office. If these documents are not presented, it shall be considered that the conformity of the communication equipment has not been assessed and confirmed in accordance with these Regulations. The documentation referred to in this Paragraph may also be submitted in electronic form.

25. If both the Office and the Centre requires the presentation of the conformity assessment documentation or the conformity declaration at the same time, it shall be submitted to one of the authorities, but the other shall be informed to which authority the documentation has been submitted.

3.2. Conformity Assessment Procedure “Internal Production Control”

26. The manufacturer shall ensure the manufacturing process so that communication equipment, which conforms with the documentation referred to in Paragraph 27 of these Regulations and with the essential requirements, would be manufactured.

27. The manufacturer or the authorised representative thereof in the European Union shall prepare the technical documentation of the conformity assessment. At least the following shall be included in the documentation:

27.1. a general description of the construction, operation and use of the communication equipment;

27.2. conceptual design and manufacturing drawings and schemes of the communication equipment, the components thereof and circuits together with descriptions and explanations that help to understand the referred to drawings and schemes, and the functioning of the communication equipment;

27.3. a list of technical specifications applied in full or in part to the communication equipment, in which the number of the document, the issuer, date of issue and title are indicated;

27.4. descriptions and explanations of the solutions adopted to meet the conformity of the communication equipment with the essential requirements, if the applicable standards are not utilised for the communication equipment; and

27.5. results of design calculations and inspections, test reports.

28. The person responsible for conformity shall keep the documentation referred to in Paragraph 27 of these Regulations for at least 10 years after the manufacture of the last communication equipment and, if necessary, shall present it to the surveillance authorities.

29. If the manufacturer or the authorised representative thereof is not located in the European Union, the documentation referred to in Paragraph 27 of these Regulations shall be kept by the person that distributes the communication equipment in the European Union market.

3.3. Conformity Assessment Procedure “Internal Production Control with Specific Apparatus Tests”

30. The person responsible for conformity shall carry out the procedure in accordance with this Sub-chapter and Sub-chapter 3.2 of these Regulations and shall ensure that the essential tests would be carried out for each type (model) of communication equipment. A declaration that all necessary essential tests have been carried out to the communication equipment shall be attached to the conformity assessment documentation referred to in Paragraph 27 of these Regulations.

31. If the essential tests are not mentioned in the applicable standards, which apply to the specific communication equipment and which are applied by the manufacturer or the authorised person thereof in the European Union in order to ensure the conformity with the essential requirements, the amount of the essential tests to be carried out shall be determined by the notified body chosen by the manufacturer or the authorised person thereof.

32. In order to determine the amount of the essential tests, the manufacturer or the authorised representative thereof in the European Union shall submit to the notified body a submission. The following shall be attached to the submission:

32.1. a general description of the construction, functioning and use of the communication equipment;

32.2. conceptual design and manufacturing drawings and schemes of components of the communication equipment, the components thereof and circuits together with descriptions and explanations that help to understand the referred to drawings and schemes, and the functioning of the communication equipment;

32.3. a list of technical specifications applied in full or in part to the communication equipment, in which the number of the document, the issuer, date of issue and title are indicated; and

32.4. if an opinion has been previously provided by the notified bodies regarding the amount of communication equipment testing or the conformity with the essential requirements – the copies of the referred to documents issued by the notified bodies.

33. The notified body, examining the submission regarding the amount of the essential tests, shall take into account the conformity assessment results previously issued by the notified bodies.

3.4. Conformity Assessment Procedure “Technical Construction File”

34. The person responsible for conformity shall carry out the procedure in accordance with this Sub-chapter and Sub-chapter 3.3 of these Regulations, shall prepare the conformity assessment documentation referred to in Paragraph 27 of these Regulations and, together with the declaration regarding the essential tests referred to in Paragraph 30 of these Regulations, shall submit for assessment at one or several chosen notified bodies.

35. The person responsible for conformity, submitting the submission referred to in Paragraph 34 of these Regulations, shall indicate the identification numbers or titles of those notified bodies where this submission has also been submitted.

36. The notified body shall take a decision whether the communication equipment conforms with the essential requirements, not later than four weeks after the receipt of the submission and all the necessary documentation.