RED

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In Romania, ANCOM and ANPC are institutions responsible for the enforcement of the legislation in force in the area of radio equipment and for the radio equipment market surveillance and control activities. ANCOM radio equipment market surveillance and control activity concerns only the conformity of the radio equipment made available on the market and the radio equipment belonging to the end-users. ANPC surveillance and control activity concerns only the conformity of the radio equipment belonging to consumers.

Directive on making available on the market of radio equipment

The radio equipment sector is an essential part of the radio communications market, which is a key element of the economy in the European Union. The main directive in this field at EU level is Directive 2014/53/EU (RED Directive) of the European Parliament and of the Council of 16 April 2014, on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC.

Its purpose is the harmonization of the rules on the marketing and use in the EU of radio equipment that can produce harmful interference, that can generate electromagnetic disturbances, or that may be affected by such disturbances, and which may affect health and /or safety of persons or goods.

All parties directly or indirectly affected by the RED Directive have at their disposal a tool entitled RED Guide, intended to assist in the interpretation of the RED Directive provisions, but without taking its place. The RED Guide explains and clarifies some of the most important issues related to the Directive’s application and also aims to disseminate widely the explanations and clarifications reached by consensus among Member States and other stakeholders.

This Directive was transposed into Romanian legislation by Government Decision no. 740/2016 on the making available on the market of the radio equipment, which establishes the national regulatory framework for placing/making available on the market, free movement and putting into service as well as using in the Romanian national territory of radio equipment, together with the conformity assessment and marking system.

Market surveillance is a national competence and is intended to make sure that only compliant apparatus is placed on the market. Efficient market surveillance also offers end-users a certain protection and prevents, to some extent, unfair competition.

The European Commission thinks that it will primarily depend on the manufacturers whether the RED Directive becomes a success or not. They need to take responsibility by submitting radio equipment to an appropriate conformity assessment procedure and by placing on the market only compliant apparatus with the provisions of the RED Directive.

Note: Radio equipment subject to Government Decision no. 740/2016 placed on the market until 13 June 2017 and which fulfill the provisions of Government Decision no. 130/2015 on radio and telecommunications terminal equipment and the mutual recognition of their conformity, may be made available on the market and/or put into service.

The regulatory framework of the RED Directive applies to

The provisions of the RED Directive apply only to the radio equipment as they are defined in article 2 paragraph (1) point 1 and paragraph (2) of the directive.

With the entry into force of RED Directive, radio receivers, designated to be used only for the television/radiobroadcasting, will fall under the scope of this directive and are no longer covered by Directive 2014/30/EU (EMC Directive). Regarding telecommunications terminal equipment, they cease to be covered by the RED Directive, and fall under the scope of EMC Directive.

There are however certain types of radio equipment that are excluded from the framework of RED Directive, specifically:

– equipment or devices used or destined to be exclusively used for activities concerning national defence, public order and State security, including protection of the economic interests of the State, whether these interests concern the State security, and the activities of the State in the area of criminal law;

– radio equipment used by radio amateurs, unless such equipment is available commercially. The following are considered not being available on the market: radio kits to be assembled and used by radio amateurs, radio equipment modified by radio amateurs for their own use and radio equipment built by radio amateurs, acting individually for scientific and experimental purpose in radio amateurs activity;

– equipment within the scope of Council Directive 96/98/EC of the Council of 20 December 1996 on marine equipment, amended by Directive (EU) 559/2015;

– – aeronautical equipment falling under the Regulation (EU) No 2018/1.139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and the establishing of the European Union Aviation Safety Agency, amending Regulations (EC) no. 2.111/2005, (EC) no. 1.008/2008, (EU) no. 996/2010, (EU) no. 376/2014 and of Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) no. 552/2004 and (EC) no. 216/2008 European Parliament and of the Council and of the Regulation (EEC) no. 3.922/91 of the Council, and which are exclusively destined to be used in-flight;

– assesement kits built to order, for professionals, to be used exclusively in research and development centers for these purposes.

Starting 8 August 2019, Government Decision no. 431/2019, amending and completing Government Decision no. 740/2016, introduces, as part of the radio equipment market surveillance and control activity of ANCOM, the category of radio equipment which are sold through electronic means, whose recipient is the end-user, for his own use, and which are submitted to customs control. Also, the aid normative act stipulates that, in case of the manufacturing, possession, import, adevrtising, introducing or making available on the market, putting into service and/or use of radio equipment or devices destined to produce harmful interference, ANCOM may order for the respective radio equipment or devices to be confiscated.

Essential requirements

The following basic essential requirements apply to all radio equipment:

– the protection of the health and safety of the persons and pets, as well as of the goods including the objectives with respect to safety requirements contained in the Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of Member States relating to making available on the market the electrical equipment designated for use within certain voltage limits, but with no voltage limit applying;

– ensuring an appropriate level of electromagnetic compatibility, contained in Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of the Member States relating to electromagnetic compatibility;

– effective use of radio spectrum and to bear its effective use in order to avoid harmful interference.

Over the Directive 1999/5/EC (Directive R&TTE), Directive 2014/53/EU (RED Directive) introduces at the essential requirement provisioned in article 3 point 2, in addition to the essential requirement of the transmitter on producing no harmful interference, the requirement to provide a performance level of the receiver, so that it can withstand a certain level of the harmful interference.

Radio equipment within certain categories or classes shall be so constructed that it complies with the following essential requirements:

(a) radio equipment interworks with accessories, in particular with common chargers;

(b) radio equipment interworks via networks with other radio equipment;

(c) radio equipment can be connected to interfaces of the appropriate type throughout the Union; (d) radio equipment does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service;

(e) radio equipment incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;

(f) radio equipment incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; radio equipment supports certain features ensuring protection from fraud;

(g) radio equipment supports certain features ensuring access to emergency services;

(h) radio equipment supports certain features in order to facilitate its use by users with a disability;

(i) radio equipment supports certain features in order to ensure that software can only be loaded into the radio equipment where the compliance of the combination of the radio equipment and software has been demonstrated.

In accordance with article 3 paragraph (3) of RED Directive, the European Commission is authorized to adopt delegated acts in accordance with article 44 of RED Directive in order to specify what categories or classes of radio equipment are covered by each of the additional essential requirements set out above under letters (a)-(i) and, consequently, the respective categories or classes of radio equipment are not regulated through national legislation.

Therefore, the provisions of the Commission Delegated Regulation (EU) 2019/320, activating the essential requirements provided under art. 3 paragraph (3) letter (g) of the RED Directive and referring to mobile phones having certain functions that are similar to a computer as regards data processing and storage, became applicable starting as of March 17, 2022. More precisely, the mobile phones within this category must be compatible with certain features allowing access to the 112 emergency number.

Afterwards entered into force the Directive (EU) 2022/2380 of the European Parliament and of the Council of 23 November 2022, called the Common Charger Directive, providing specifications and information relating to charging capabilities, that apply to certain catergories or classes of radio equipment. The Directive (EU) 2022/2380 was transposed in the Romanian national legislation and the Government Decision no. 740/2016 privind punerea la dispoziție pe piață a echipamentelor radio was updated accordingly (see Annex Ia). To this end, starting as of December 28, 2024 are applicable the provisions of the Directive (EU) 2022/2380 regarding handheld mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles, portable speakers, e-readers, keyboards, mice, portable navigation systems and earbuds, placed on the market after this date, while the provisions regarding laptops will be applicable starting as of April 28, 2026, for those laptops that will be placed on the market after this date. This directive applies only to the abovementioned radio equiment that equipped with a removable or embedded rechargeable battery. Starting as of the abovementioned dates, it is mandatory that the respective radio equipment be equipped, for the purpose of recharging the battery via wired charging, with a harmonised charging receptacle (USB-C) that observes the characteristics and specifications under Government Decision no. 740/2016. This directive does not apply to the abovementioned radio equipment placed on the market before the respective abovementioned dates.

The Commission continuously assesses market developments and technological progress with a view to identifying categories or classes of radio equipment capable of being recharged by means of wired charging for which the inclusion in Annex Ia of the Directive (UE) 2022/2380 would have a significant impact on consumer convenience and reduction of environmental waste, as well as a future amendments to labelling requirements, and is empowered to accordingly issue delegated acts.

As well, starting as of August 1, 2025, become applicable the provisions of the Commission Regulation (EU) 2022/30, with the subsequent amendments and completions, which activate the essential requirements under art. 3 paragraph (3) letters (d), (e) and (f) of the RED Directive (generically named cybersecurity requirements).

Art. 3 paragraph (3) letter (d) refers to network protection and shall apply to any radio equipment that can communicate itself over the internet, whether it communicates directly or via any other equipment (‘internet-connected radio equipment’).

Art. 3 paragraph (3) letter (e) refers personal data and privacy protection and shall apply to any of the following radio equipment, if that radio equipment is capable of processing personal data or traffic data and location data:

a) internet-connected radio equipment, other than the equipment referred to in points b), c) or d) below;

b) radio equipment designed or intended exclusively for childcare;

c) radio equipment covered by Directive 2009/48/EC (Toy Safety Directive);

d) wearable radio equipment.

Art. 3 paragraph (3) letter (f) refers to protection against fraud and shall apply to any internet- connected radio equipment, if that equipment enables the holder or user to transfer money, monetary value or virtual currency.

More precisely, starting as of August 1, 2025, the EU declaration of conformity (DoC) that accompanies any radio equipment that is placed/made available on the market and that has internet-connection capability, directly or indirectly (for example, the radio equipment equipped only with bluetooth, having an indirect internet-connection capability, by means of another device, such as a smartphone, which shares the internet connection via bluetooth), must include references to the technical standards/specifications used by the manufacturer in order to prove compliance with the essential requirements under art. 3 paragraph (3) letters (d), (e) and (f), as the case may be.

At EU level is available the EN 18031 family of harmonized standards, developed by CEN-CENELEC in support of the Commission Regulation (EU) 2022/30 for: internet connected radio equipment, personal data protection, and protection against fraud.

The European Commission cited in the Official Journal of the European Union the three standards in the EN 18031 family (also named cybersecurity standards), with certain restricion, through the Commission Implementing Decision (EU) 2025/138, thus conferring a presumption of conformity with the essssential requirements under art. 3 paragraph (3) letters (d), (e) and (f), and also published a guide therefor.

Where the DoC does not mention a harmonized standard from the EN 18031 family, it is necessary that a certificat issued by a Notified Body (NB) exists and proves the observance of the essential requirements under paragraph (3) letters (d), (e) and (f) of the RED Directive.

Radio equipment covered by the Commission Regulation (EU) 2022/30, which will be subject to checks at customs offices starting August 1, 2025, will be submitted to ANCOM administrative checks also regarding the observance of the cybersecurity requirements.

Note: for radio equipment covered by RED Directive, the provisions of the Directives 2014/30/EU (EMC Directive) and 2014/35/EU (LVD Directive) will no longer be used by manufacturers in the conformity assessment process of the product with the essential requirements concerning the protection of the health and safety of persons and pets, as well as the protection of goods and ensuring a proper level of the electromagnetic compatibility.