SEM26-01 THE REGULATORY ENVIRONMENT IN EUROPE How does ETSI help? ETSI Seminar © ETSI 2012. All rights reserved.

SEM26-01

THE REGULATORY ENVIRONMENT IN EUROPE

How does ETSI help? ETSI Seminar© ETSI 2012. All rights reserved

SEM26-01

ETSI – Part of the European Regulatory System

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Albania Lithuania

Andorra Luxembourg

Austria The Former Yugoslav Republic of Macedonia (FYROM)

Azerbaijan MaltaBelarus Moldova

Belgium Monaco

Bosnia and Herzegovina

Montenegro

Bulgaria Netherlands

Croatia Norway

Cyprus PolandCzech Republic Portugal

Denmark Romania

Estonia Russian Federation

Finland San Marino

France SerbiaGeorgia Slovak

RepublicGermany SloveniaGreece SpainHungary SwedenIceland SwitzerlandIreland TurkeyItaly UkraineLatvia United

KingdomLiechtenstein Vatican 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 (“Citizen’s

Rights”)

SEM26-01

Directives & regulations (safety)

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« 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)

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Children’s 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

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Talk to ETSI!

Who can help?

SEM26-01

European regulations on radio equipment and spectrum

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Policy positions

Legal certaintyPolitical 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 2012. All rights reserved9

The market for RTTE equipment exceeds 30 BEURO and is undergoing rapid growthIt 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 equipmentDirective 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: http://ec.europa.eu/enterprise/sectors/rtte/index_en.htm

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 regulationsInform member state before placing on the market• If using non-harmonised radio spectrum

CE (!)

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How can ETSI help (1)?

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A manufacturer can show that he meets essential requirements by applying ETSI Harmonized Standards

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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]

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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 requirementsAdopted by National Standards OrganisationsCited in the Official Journal of the European UnionMember states required to presume conformity

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SEM26-01

Harmonised Standards (RTTE)

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Mandate M/284 (&

specific mandates)

Identify « essential radio test suites »

necessary before

placing on the marketOnly 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)

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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

SEM26-0116

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 301 489 series)• art. 3.2 – more than 120;• art.3.3 – 7 (Maritime specific requirements)

EMCD (Directive 2004/108/EC) – 3

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 300 220 (SRDs operating in up to 1GHz), EN 300 328 (Wideband transmitting systems in 2,4 GHz) to solve inter systems interference

© ETSI 2012. All rights reserved17

noise

Sig

nal

1

Sig

nal

2

F1 F2

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 there’s a mistake in the standard?• Revisions can be initiated quickly• Safeguards can be invoked in worst cases

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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 2012. All rights reserved

SEM26-01


Co-ordinate with European Radio Regulators to develop and align National frequency regulations

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SEM26-01

CEPT-ETSI Memorandum of Understanding

ETSI develops “System Reference Documents” to accompany requests for aligned radio frequencies in CEPT countriesCEPT/ECC studies compatibility and develops conditions for spectrum sharingETSI members may participate in studies and the drafting of spectrum measuresETSI is a permanent observer in CEPT/ECC groups that adopt Decisions & Recommendations on spectrum allocationsIndividual National Administrations may commit themselves to implement CEPT/ECC Decisions


SEM26-01

Spectrum and equipments in Europe

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Creation of SRDoc

Creation of SRDoc

Creation of candidate HSCreation of

candidate HS

Creation of Decision /

Recommendation


Recommendation

Creation of EC Decision


ECC RSCom

National frequency allocations


National licensing regimes

Citation in Official Journal

of the EC


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 requirementSpectrum

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!


SEM26-01


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


SEM26-01

Spectrum: How do we get an ETSI input?

Basic description of applicationSimple technical description

• Current ETSI standards

Justified spectrum requirements• Possible compatibility issues

Market forecasts• Traffic evaluation• Economic/social benefit• Market window

Requested action from CEPT

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GuideEG 201 788

System ReferenceDocument

SEM26-01

Spectrum: How do we get an ETSI view?

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SRDoc to CEPT

System ReferenceDocument

AffectedETSI 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

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Creation of SRDoc

Creation of SRDoc

Creation of candidate HSCreation of

candidate HS


Recommendation


Recommendation



ECC RSCom



National licensing regimes


of the EC


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 requirementSpectrum

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


SEM26-01

The Radio Spectrum Decision (676/2002/EC)

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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 Harmonized Standard and EC Spectrum Decision:access to market and right to use spectrum

with legal certainty

SEM26-01

New challenges


Digital dividendSoftware defined radioRevision 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

http://portal.etsi.orghttp://www.etsi.orghttp://www.newapproach.org

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Any questions?

RSPG: [email protected]

[email protected]

TCAM: [email protected]

[email protected]

RSCOM:[email protected]

[email protected]

SEM26-01 THE REGULATORY ENVIRONMENT IN EUROPE How does ETSI help? ETSI Seminar © ETSI 2012. All rights reserved.

Documents

ec slide

ec authorisation directive

ec privacy directive

ec access directive

rtte directive etsi

ec marine equipment

rtte equipment directive

ec updates