ENTERPRISE DIRECTORATE-GENERAL
Conformity and standardisation, new approach, industries under new approach
Mechanical and electrical equipment (including telecom terminal equipment)
TCAM Secretariat
Brussels, 27 March, 2008
Ref: (4)29 Status of implementation of Directive 1999-5-EC.doc
DG ENTR/G/3
TCAM 4 (04) 29 Rev. 33
Status of implementation
The following table indicates summarises information available to the Commission Services on 4 June 2004:
MemberState / Status / Latest document / Adoption dateBelgium / The law was adopted on 3 July 2000. A Royal Decree complementing the information was adopted on 26 September 2000. The BIPT/IBPT issued a communication on the alert sign on 16/1/2001 / TCAM6 (00) 22 / 30/11/2000
Denmark / A hearing with interested parties was held and the draft law was put before Parliament in on 10 February 2000. The law was adopted on 5 April 2000 a subordinate regulation on 30/3/2000. / TCAM 6 (00) 36 / 5/4/2000
Germany / 08/1999: Draft of the law published for public consultation. Redraft was held up due to internal discussions on treatment of inland waterway equipment. Interim measure put into place to bridge the gap of 8/4/2000 to adoption of the Directive. The law was adopted on 31/1/2001. / TCAM 8 (01) 13 / 31/1/2001
Greece / Greece has implemented the Directive in March 2002 (Presidential Decree 44/2002).
The EETT has further issued decisions on the:
a)Criteria, procedures and details related to the assessment of Bodies seeking to become Notified Bodies
b)Publication of technical interface specifications offered by operators of public telecommunications networks
c)Procedure according to which the intention to place on the market radio equipment is notified to EETT. / TCAM 11(02) 43
TCAM 17 (04) 37 / 7/3/2002
Spain / The technical preparation of the implementation has been completed, which is currently being reviewed by their legal service to bring it into line with Spanish law. They aim at implementation of the Directive at low legal level. An interim measure has been put into place to bridge the gap between 8/4/2000 and implementation / TCAM 7 (00) 12 / 2/12/2000
France / The directive has been implemented in the post and electronic communications code by:
-an Ordonance of 25 July 2001 published in the Journal Officiel on 28 July 2001.
-a ministerial decree n°2003-961 of 8 October 2003, which a.o. introduced provisions on market surveillance. / TCAM 8 (00) 37
Web pages / 28/7/2001
Ireland / Statutory instrument adopted on 5 June 2001 / TCAM 9 (01) 35 / 5/6/2001
Italy / Legislative instrument and a ministerial decree. An interim measure was adopted to bridge the gap. Draft of the law put before parliament on 2 June 2000. Need for elections delayed the parliamentary process and the law was finally adopted on 9/5/2001. A further decree on the accreditation of test laboratories, which can be used by the ministry for market surveillance was published on 7/5/2002. Ministerial decree n. 95 on interfaces offered by operators was adopted on of 20 March 2002; Ministerial decree n. 275 on market surveillance was adopted on 30 October 2002. / TCAM 6(00) 35 Rev. 1
TCAM 11 (02) 55
TCAM 14 (03)37 / 9/5/2001
Luxemburg / Implementation by a grand-ducal regulation / TCAM 5 (00) 59 / 04/0/2000
Netherlands / Implementation in 3 layers
- the telecommunications law, (Staatsblad nr.610);
- a royal decree, adopted on 2000 (Staatsblad nr. 143);
- a ministerial decree, adopted on 4/5/2000 (Staatscourant nr. 90)
TCAM 6 (00) 12
TCAM 14 (03) 51
TCAM 17 (04) 28 / 28/03/2000
Decision 2000/299/EC / - by ministerial decree, adopted on 4/5/2000 (Staatscourant nr. 90)
Decisions 2000/637/EC, 2000/638/EC and 2001/148/EC / - by ministerial decree, adopted on 13/8/2002 (Staatscourant nr. 154)
Decision 2003/213/EC / - by ministerial decree, adopted on 19/5/2003 (Staatscourant nr. 97)
Decision 2004/71/EC / - by ministerial decree, adopted on 10/5/2004 (Staatscourant nr. 92)
Austria / The law implementing the Directive has been adopted on the 27. November 2001 and published in the federal law gazette BGBl. I Nr. 134 / 2001.
The ordinance on the publication of types of interface offered by operators of public telecommunications networks was adopted on the 22. July 2003 and published in the federal law gazette BGBl.II Nr.336/2003.
The ordinance on the publication of radio interfaces was adopted on the 30. September 2003 and published in the federal law gazette BGBl.II Nr. 454/2003. It was slightly changed in 2005 / TCAM 6 (00) 20
TCAM 10 (02) 21
TCAM 14 (03) 15
TCAM 17 (04) 17
TCAM 20 (06) 15 / 27/11/2001
Portugal / Law adopted on 18 August 2000. Secondary measure still required. / 18/8/2000
Finland / Interim measure through TAC regulation, pending adoption of changes of the various legislative instruments. Full implementation spread over the radio law, the electronic communications act and the electrical safety law. / TCAM 11 (02) 26
TCAM 14 (03) 53
TCAM 14 (03) 66 / February 2003
Sweden / The R&tte-directive (1999/5/EC) is implemented in the Swedish legislation by the Radio and Telecommunications Terminal Equipment Act (2000:121) which entered into force on the 8th of April 2000.
The National Post and Telecom Agency (PTS) has issued the following secondary provisions:
- regulations for radio and telecommunication terminal equipment (PTSFS 2004:7; as amended by PTSFS 2004:9), and
- on the publication of technical interface specifications that are offered by operators of public telecommunications networks (PTSFS 2004:2),
The use of radio transmitters is regulated in The Electric Communications Act (2000:389) and in the secondary provisions issued by the PTS
- regulations on exemption from the licensing for radio transmitters (PTSFS 2004:8), / TCAM 6 (00) 48
TCAM 17 (04) 31
TCAM 20 (06) 12 / 04/2000
United Kingdom / Law implementing the Directive has been adopted.
Regulations updated to take account of the new regulatory package for electronic communications. / TCAM 4 (99) 38 Rev.1
TCAM 14 (03) 82
TCAM 15 (04) 75 / 08/04/2000
Cyprus / The Cyprus Legislation addressing the R&TTE Directive is Part IV of the Radiocommunications Law of 2002 until (No.2) 2004 and the Radiocommunications (Radio Equipment) Regulations of 2003 until 2004 for the radioequipment and the Regulation of Electronic Communications and Postal Services Law of 2002 and the Telecommunications Terminal Equipment Regulations of 2003 (P.I 332/2003) for the Telecommunication Terminal Equipment (TTE). / TCAM 16 (04) 08 / 01/05/2004
Hungary / Framework legislation is included into Act C of 2003 on Electronic Communications
Implementation by ministerial regulations:
Decree No. 5/2004. (IV.13.)IHM of the Minister of Informatics and Communicationson Radio Equipment and Electronic Telecommunications Terminal Equipment and the Mutual Recognition of Their Conformity
Decree No. 9/2004. (IV.22.) IHM of the Minister for Informatics and Communicationson Interface Reporting, the Content Requirements for the Technical Description of Interfaces and the Regulation of Access Thereto
Decree No. 13/2003. (X.3.) IHM of the Minister of Informatics and Communications concerning the Detailed Rules of the Appointment of Organizations Examining or Verifying and/or Certifying the Conformity of Certain Communications and IT Products
The Act is presented in English at the website / TCAM 8 (00) 15
TCAM 17 (00) 10 / 1/2/2001
CzechRepublic / Government order implementing the Directive adopted on 23/10/2000. / TCAM 7 (00) 30 / 1/5/2004
Slovenia / Text of implementation has been drafted. Discussions with Commission Services on a draft. / TCAM 12 (02) 27
TCAM 16 (04) 27 / 1/5/2004
Estonia / Framework legislation has been adopted by Telecommunications Act on 9/02/2000.
Implementation by ministerial regulations:
No 91, adopted on 20/04/2004, Requirements for Apparatus
No 92, adopted on 20/04/2004Procedure for Marking of Apparatus
No 93, adopted on 20/04/2004, Procedure for Conformity Attestation of Apparatuses, for Recognition of Foreign Conformity Attestation Documents of Apparatuses, and for Issue by Communications Board of Approval of Conformity of Use of Radio Frequency Bands
No 104, adopted on 22/11/2000. List of Classes of Terminal Equipment Concerning the Supply or Putting into Use of which the Estonian National Communications Board Does Not Require Notification
The Telecommunications Act and regulations are presented in English at the webpage / TCAM 15 (04)65
TCAM 16 (04) 24 / 1/5/2004
Latvia / Full implementation of the R&TTE Directive.
Since 25.08.2007, the new consolidated rules No. 561 of the Cabinet of the Ministers on conformity assessment, marketing and using electronic communication terminal equipment and radio equipment (in force.) consolidate requirements covered in previous rules and provide more detailed provisions. / TCAM 25 (08) 55 / 22/04/2004
Poland / Draft under review by the Commission / TCAM14(03) 44 / 1/5/2004
Slovakia /
- ActNo 264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment and on change and amendment of some Acts (approved on 7.9.1999, in force from 1.1.2000, Collection of Laws No 113/1999) in the wording of Act No 436/2001 Coll. (approved on 4.10.2001, in force from 1.11.2001 Collection of Laws No 178/2001) and Act No 254/2003 Coll. (approved on 2.7.2003, in force from 1.8.2003 Collection of Laws No 127/2003)
- Governmental Ordinance No 443/2001 Coll., setting details of technical requirements and on conformity assessment procedures for radio and telecommunications terminal equipment (approved on 19.9.2001, in force from 1.1.2002, Collection of Laws No 180/2001)
TCAM 16 (04) 28 / 1/5/2004
Lithuania / The R&TTE Directive was implemented on 1 January 2003 by
- Order No 138 of the Director of the Communications Regulatory Authority under the Government of the Republic of Lithuania of 14 October 2002 on the approval of technical regulations of radio equipment and telecommunications terminal equipment
- OrderNo. IV-100 on amending and supplementing order no 138 of the Director of the Communications Regulatory Authority under the Government of the Republic of Lithuania of 14 October 2002 on the approval of technical regulations of radio equipment and telecommunications terminal equipment
TCAM 17 (04) 56 / 1/1/2003
Malta / Directive implemented and annex to ACAA agreement initialled
Regulations came into force in December 2003. / TCAM 12 (01) 15
TCAM 16 (04) 48 / 19/12/2003
Slovenia / Text adopted and in force. R&TTE regulations based on telecommunications act of 2001. / TCAM 14 (03) 47
TCAM 16 (04) 27 / 1/5/2004
BG
RO
HR
Status of implementation outside the EU
Country / Status / Latest document / Adoption dateSwitzerland / Adopted law notified to the Commission. Regulations revised to take account of comments from Commission. Updated in 2008 to fully align with the Directive. / TCAM 11 (02) 22
TCAM 25 (08) 62 / 1/7/2002
Norway / Draft of Directive went through public consultation (TCAM 5 (00) 32).
Draft law notified to the Commission covering equipment, which is NOT covered by the Directive (TCAM 5 (00) 12). / 12/05/2000
Iceland / Has issued a law, which was applicable as of 1/1/2000 and will issue a regulation by end March to complete implementation. / TCAM5 (00) 13 / 03/2000
Romania / Implementing text of the Directive reviewed by the Commission Services.
Order on the notification of radio equipment in accordance with Article 13 of the Government Decision no. 88/2003 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity
Order No 426 of 26 July 2007 of the Minister of Communications and Information Technology, on the notification of radio equipment that uses frequency bands whose use is not harmonized throughout the European Union (according to Article 6.4 of Directive 1999/5/EC) replaced the old Order No 210/2003. / TCAM 14 (03) 40
TCAM22(07)42
TCAM 24(07)41 / 2003
Bulgaria / Implementing text adopted. / TCAM 15(04)101 / 09/2002
Turkey / Implementing text of the Directive under review by the Commission Services. Implementation in the context of horizontal product regulation. / TCAM 11 (02) 37
TCAM 14 (03) 46 / Autumn 2002