RED the new directive for transmitters and receivers

The RED, Radio Equipment Directive 2014/53/EU, is an important new Directive to which we have dedicated an entry in our glossary:

RED - Radio Equipment Directive

The RED will come fully into force from 13/06/2017 and also involves many nautical instruments (marine VHF, AIS, GPS, radar, radio, PLB and all those equipped with Wifi or Bluetooth, but not those subject to Wheelmark).
It mainly involves producers and importers, but there are also obligations towards the entire distribution chain, up to the end users.

Assuming that manufacturers and importers are already well documented, this article aims to highlight the obligations for simple retailers and end users.

The aim of the Directive is to make the radio spectrum more efficient and to limit risks to humans, animals and the environment.

Human civilization, especially with the advent of mobile telephony, is having an increasing need to propagate radio waves. Today, a mobile phone receives and propagates radio waves to repeater cells via Bluetooth, WiFi and receives radio signals from the GPS system. This traffic, together with that caused by other types of radio equipment, could create various kinds of risks to health and the environment.

So let us go beyond the content of a cold directive and let us understand its purpose and interpret it in a common sense way. A diligent person will try to make appropriate and perhaps limited use of these devices, well aware of the respect that the environment deserves.

The retailer is referred to in the Directive as a "distributor" and is identified as any economic operator who markets the product, buying it from the manufacturer or importer.

Since the retailer decides to market equipment subject to RED, he must be fully informed about the content of the Directive, also because the penalties provided for can reach a maximum of 132,316.00 Euro.

Before making the product available on the market, the retailer must apply the provisions of the RED Directive. Specifically:

1. Check that the CE marking is present.
2. That the Declaration of Conformity is present, which may be in abbreviated form, but indicating the Internet address where to download the complete Declaration of Conformity.
3. In addition to the manual, which contains instructions for safe use, in the case of transmitting equipment, the latter must also indicate the frequency bands and maximum power.
4. In the case of equipment that requires authorisation for use, such as VHF, a description must be found on the packaging indicating to which Member States it is intended for and verifying that the State where it is intended to be sold is included.
5. They must ensure that the product bears a serial number or other type of identification. This must be traceable on the product itself or on the packaging or on an accompanying document. This identification must be noted, so as to be ready for the possibility that the product can be recalled.
6. It must be verified that the product, packaging or internal documentation contains the address of the manufacturer or importer.
7. Upon request from a national authority, they shall provide all information and documentation necessary to demonstrate the conformity of the apparatus.
8. They shall record in a register all economic operators (suppliers or customers, but not end-users) with whom there has been a commercial exchange for products subject to RED. This archive must be kept for at least 10 years after the commercial exchange has taken place.
9. As long as the product is under their responsibility, they must ensure that storage or transport conditions do not jeopardize its conformity.
10. If they consider that the equipment does not comply, they shall ensure that corrective measures are taken. If, on the other hand, it presents risks, they must inform the authorities immediately.

For the Italian end user who buys the RED product from the Italian commercial channels, the responsibilities are very limited.
He must pay attention to the safety instructions for use and the manual. It must verify that the unit is properly installed and maintain it properly. No modifications shall be made to the product that would lead to a lack of conformity. The penalties provided for are up to a maximum of 1,984.00 Euro.

A totally different situation if the product is imported, because in this case the user is defined as an importer and is therefore subject to a series of obligations that are, for a private individual, very difficult to satisfy and is subject to penalties of up to 132,316.00 Euro.

The risks are less (compared to importing), if you buy from another country of the European Community, but you need to know well the RED Directive and the product to be purchased, so as not to run into unpleasant consequences. As a guide we do not recommend to buy equipment capable of transmitting and in particular those subject to authorization (such as marine VHF) because almost always the Italian models are customized (in the product and / or documentation attached) to meet specific provisions, local restrictions or how to acquire authorization.