Consider a low power radio transmitter subject to EN 300 220 that is to be
used only by the manufacturer's service organization and will not be placed
on the market for sale. EN 300 220 is a harmonized standard, but the
operating frequency is not harmonized.
It appears that the provisions in Article 6 do not apply since the product
will not be placed on the market. Article 7 contains the provisions for
putting into service. Notification to the spectrum authorities (from Article
6) does not appear to be a requirement even though the frequency is not
harmonized. It appears that it is sufficient to comply with the essential
requirements and apply the CE marking which must include the alert symbol
per Annex VII since the frequency is not harmonized.
A member state may restrict the placing in service, but only for the three
reasons specified in Article 7.2: efficient use of the spectrum,
interference and public health. It appears there is no legal requirement to
notify the state prior to placing in service. Thus, any restriction would
occur due to the state determining that one of the three reasons apply to
one or more devices after it being placed in service. While it may be argued
that it is a good idea to notify the states anyway, it does not appear to be
a legal requirement.
Comments?
Richard Woods
-------------------------------------------
This message is from the IEEE EMC Society Product Safety
Technical Committee emc-pstc discussion list.
To cancel your subscription, send mail to:
[email protected]
with the single line:
unsubscribe emc-pstc
For help, send mail to the list administrators:
Jim Bacher: [email protected]
Michael Garretson: [email protected]
For policy questions, send mail to:
Richard Nute: [email protected]
