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On 13 November 2018, the European Commission published a report
on the operation and effectiveness of the Radio Equipment Directive
2014/35/EU (the "RED"). Applying broadly
to products using the radio frequency spectrum, the RED sets out
essential requirements for health and safety, electromagnetic
compatibility and the efficient use of the spectrum.
The Commission found that it was premature to draw overall
conclusions on the effectiveness of the RED. However, it made a
number of specific findings and marked certain areas for further
consideration, as below:
The Commission found that there was a
delay in the publication of harmonised standards under the RED. To
address any future delays in publication, the Commission made a
number of recommendations including establishing a fast review
process for standards.
As a result of market surveillance
authorities' questions on the application of the RED to drones,
new Regulation (EU) 2018/1139 amended Annex I of the RED, expanding
the scope of the RED to most categories of drones. We covered
Regulation (EU) 2018/1139 in our previous blog available
here.
An Expert Group on Reconfigurable
Radio Systems has been established to analyse the security of
connected products (such as dolls and smart watches) alongside the
associated risks, especially those posed to children.
"Connected products" were
identified as an area for further consideration, in particular, the
preparation and adoption of one or more implementing acts to ensure
that the compliance of certain radio equipment classes would not be
affected by the introduction of new or modified software.
Though this report was limited in what it could effectively draw
conclusions on, we assume that the next of these reports, to be
published in 2023, will be able to provide more dramatic
conclusions on the RED's effectiveness, especially given the
advent of emerging digital technologies.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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