S.L. 427.41 ст. 4Essential requirements.

(1) Radio equipment shall be constructed so as to ensure:

(a) radio equipment interworks with accessories other than the charging devices for the categories or classes of radio equipment, specified in Part I of Schedule VIII, which are specifically referred to in sub-regulation (5);

(b) an adequate level of electromagnetic compatibility as set out in the Electromagnetic Compatibility Regulations.

(2 Radio equipment shall be so constructed that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.

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

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

(b) interworks via networks with other radio equipment;

(c) can be connected to interfaces of the appropriate type throughout the European Union;

(d) does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service;

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

(f) supports certain features ensuring protection from fraud;

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

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

(i) 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.

(4) The categories or classes of radio equipment concerned by each of the requirements set out in paragraphs (a) to (i) shall be specified through delegated acts adopted by the European Commission.

(5) Radio equipment falling within the categories or classes specified in Part I of Schedule VIII shall be so constructed that it complies with the specifications relating to charging capabilities set out in thesaid Schedule for the relevant category or class of radio equipment.

(6) The provisions of sub-regulation (5) and other provisions which make reference thereto shall apply as from 28 December 2024, for radio equipment falling within the categories or classes specified in points 1.1 to 1.12 of Part I of Schedule VIII, and from 28 April 2026 for the categories or classes of radio equipment referred to in point 1.13 of Part I of Schedule VIII.

(7) The essential requirement established in sub-regulation (3)(d) shall apply to any radio equipment which may communicate itself over the internet, whether it communicates directly or via any other equipment, also referred as internet-connected radio equipment.

(8) The essential requirement established in sub-regulation (3)(e), shall apply to any of the following radio equipment:

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

(b) radio equipment designed or intended exclusively for childcare;

(c) radio equipment regulated by the Safety of Toys

Regulations;

(d) radio equipment designed or intended, whether exclusively or not exclusively, to be worn on, strapped to, or hung from any of the following:

(i) any part of the human body, including the head, neck, trunk, arms, hands, legs and feet;

(ii) any clothing, including headwear, hand wear and footwear, which is worn by human beings: Provided that such radio equipment is capable of processing, in accordance with the meaning of Article 4(2) of Regulation (EU) 2016/679:

(a) personal data, as defined in Article 4(1) of Regulation (EU) 2016/679, or;

(b) traffic data or location data, as defined in regulation 2(2) of the Processing of Personal Data (Electronic Communications Sector)

Regulations.

(9) The essential requirement established in regulation 4(3)(f) shall apply to any internet connected radio equipment, if that equipment enables the holder or user to transfer money, monetary value or virtual currency as defined in article 310E(d) of the Criminal Code.

(10) By way of derogation from sub-regulations (7), (8) and (9), the essential requirements established in sub-regulation (3)(d), (e) and (f) shall not apply to radio equipment to which either of the following Union harmonisation legislation also applies:

(a) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/ EEC; and

(b) Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/ 79/EC and Commission Decision 2010/227/EU.

(11) By way of derogation from sub-regulations (8) and (9), the essential requirements established in sub-regulation (3)(e) and (f) shall not apply to radio equipment to which any of the following Union harmonisation legislation also applies:

(a) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/ 2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and 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 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91;

(b) Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010,

(EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012,

(EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/ 2012 and (EU) 2015/166; and

(c) the Motor Vehicles (Interoperability of Electronic

Road Tolls Systems) Regulations.

(12) The essential requirements established in sub-regulation (3)(g) shall apply to hand-held mobile phones with features similar to those of a computer in terms of capability to treat and store data.

(13) Compliance with sub-regulation (9) shall be ensured through technical solutions for the reception and processing of Wi-Fi data, data from Global Navigation Satellite Systems compatible and interoperable with at least the Galileo system referred to Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and

(EU) No 377/2014 and Decision No 541/2014/EU and for the making available of that data for transmission in emergency communications.