07.07.2016

 

 

During its meeting of 6 July, the Government of Romania adopted the Government Decision transposing the new European provisions on electromagnetic compatibility into the Romanian legislation.  This Decision establishes new rules regarding the obligations of economic operators active in the equipment market – equipment manufacturers, importers and distributors.

The Government Decision transposes into the national legislation Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility. While complying with the electromagnetic compatibility requirements, equipment can operate without producing harmful interference that jeopardize the proper functioning of other equipment nearby. Moreover, the European directive establishes requirements regarding the protection of health and safety of persons and the protection of goods.

Content of the normative act

The normative act provides on the electromagnetic compatibility requirements for the equipment, conditions for placement on the market, for making available on the market/putting in operation such equipment and requirements regarding the notification of conformity assessment bodies.

This decision establishes a series of obligations for rendering liable all relevant economic operators in the distribution chain - manufacturers, the manufacturer’s authorized representatives, importers and distributors. Thus, economic operators will be involved in and held responsible for ensuring that the products on the market conform to the essential requirements. Furthermore, the normative act provides for establishing the identity traceability and the supply chain of the equipment, the operators being assigned a series of obligations to preserve documents related to the purchase and sale of equipment.

Furthermore, the normative act provides on the conditions to be met for the assessment, designation, notification and monitoring of conformity assessment bodies. Thus, a legal person who wants to become a notified body will have to comply with the stipulated conditions, this activity being devoted to public service and being authorized by the Ministry of Communications and Information Society - MCIS.

Regulations and attributions

The adopted decision establishes the limits of the surveillance and control authorities - ANCOM and ANPC. According to the normative act, ANPC is mandated to carry out surveillance and control actions regarding the conformity of consumer’s equipment. In other instances, including that of business users, such attributions are incumbent on ANCOM. ANCOM and ANPC are obliged to keep each other informed on the control actions performed, in order to ensure the effectiveness of the surveillance and control authorities’ actions.

Upon publication of the Government Decision in the Romanian Official Journal, ANCOM will conduct an information campaign for the equipment market players to ensure the correct implementation of the new legislative framework on electromagnetic compatibility.