Tony, The ‘trick’ is that directives are not “addressed” to manufacturers, or any other economic actor, but rather they are addressed to member states of the EU. Therefore, ‘coming into effect’ means member states have to consider themselves put on notice to do what the directive instructs them to do from the given entry into force date.
The RED says (Art 49.1) that member states have to adopt legislative instruments to realize the directive and have such instruments apply from 13Jun2016. Therefore all member states are expected to begin enforcement on commerce on that date, but If no member state does this (highly unlikely), then the RED will have no impact on commerce. The best plan is to declare to RED on or after 13Jun2016 (just assume some member state is going to follow their instructions), but Art. 48 says that stuff conforming to the old rules (e.g., RTTED) should be allowed in commerce until 13Jun2017. Regards, Lauren Crane KLA-Tencor From: Anthony Thomson [mailto:[email protected]] Sent: Wednesday, October 29, 2014 7:34 AM To: [email protected] Subject: Re: [PSES] New Radio Equipment Directive (RED) - please read if you sell wireless devices into Europe All, I'm completely confused by this situation and some clarity really would be appreciated. Where in the directive does it say you that can't currently claim compliance to the RED (well, as of 11 June 2015 - see below). I've heard Amund's comments below from other sources too, but I cannot find any basis for this in the directive. Articles 48 through 50 mentioned by Nick merely state: 1. That the authorities cannot "impede" goods based on the RED until 13 June 2016 (Article 48). 2. That EU countries RED enforcement laws shall be in place before, and applied from 13 June 2016 (Article 49). 3. The R&TTED is repealed on 13 June 2016. None say you can't claim compliance to the RED. Now... Article 51 states that the RED shall enter into force on the 20th day following its publication in the OJ. Correct me if I am wrong, but I believe the RED was published in the the OJ on 22 May 2014 and has therefore been in force from the 11 June 2015. So if it's in force, providing you meet the provisions of the RED, which article(s) prevents claiming conformity? After all, it is (interpretation, which may well be wrong) in force? I admit that I haven't scrutinised the whole document and all its references, so I presume that I have missed some key facts. The benefit of greater experience really would be appreciated. Tony Sent: Wednesday, October 29, 2014 at 8:08 AM From: "Hooper, Nick" <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[email protected]> Subject: Re: [PSES] New Radio Equipment Directive (RED) - please read if you sell wireless devices into Europe Hi Articles 48 to 50 will also be implemented as part of the National Law, hence enforcing the dates below Best regards Nick From: Amund Westin [mailto:[email protected]] Sent: 29 October 2014 07:52 To: Hooper, Nick; [email protected]<mailto:[email protected]> Subject: SV: [PSES] New Radio Equipment Directive (RED) - please read if you sell wireless devices into Europe RED applies from when the first EU/EEA member state has implemented the directive into national law? #Amund Fra: Hooper, Nick [mailto:[email protected]<[email protected]>] Sendt: 28. oktober 2014 12:04 Til: [email protected] Emne: [PSES] New Radio Equipment Directive (RED) - please read if you sell wireless devices into Europe Hello everyone. I have been in discussion with the EU Commission and ADCO chairman as there seems to be an amount of misunderstanding on when you can declare compliance to the RED. I explained to Lucio that we have seen a few cases of DoC and NB opinions to the new RED, and therefore had a question on the validity of these documents. Below is the response received from the ADCO R&TTE Chairman. “Dear Nick We have already had such problems and administrative non compliances ☺ The new Directive (RED) is currently not applicable (will be applicable to products first placed on market as of 13 June 2016). Hence the manufacturers cannot use, right now (i.e. for products placed on market before 13 June 2016), the references of RED (new Directive). Best regards Lucio Lucio Cocciantelli ADCO R&TTE Chairman” Please ensure you read Artcile 48 to 50 of the RED, and pass this information on asap. Notified Bodies should not be issuing Opinions to the RED until they are listed, on the yet to be published, NANDO database for RED Notified Bodies. As the accreditation assessments will be taking place over the next year, it is unlikely the RED NANDO list will be published until late 2015 / early 2016 Nick Hooper BSc(Eng) CEng MIET Chairman R&TTE CA ---------------------------------------------------- UL Grove House Business Centre, Chineham Court, Lutyens, Basingstoke, Hampshire, RG24 8AG, England This e-mail may contain privileged or confidential information. If you are not the intended recipient: (1) you may not disclose, use, distribute, copy or rely upon this message or attachment(s); and (2) please notify the sender by reply e-mail, and then delete this message and its attachment(s). 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