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Distributor Obligations and the Radio Equipment Directive

Distributors must ensure that radio equipment which they intend to place on the Irish market meets the essential requirements of the Radio Equipment Directive (“RED”) (see Article 3 of 2014/53/EU). 

A distributor is any natural or legal person in the supply chain (aside from the manufacturer or importer) who makes radio equipment available on the market within the EU. 

Before making the equipment available on the Irish market, Distributors must verify that radio equipment bears the CE mark and is accompanied by: 

  • the EU Declaration of Conformity; 
  • instructions for use in a language that can be easily understood by consumers and other end users in the State; and 
  • safety information, in a language that can be easily understood by consumers and other end users in the State, 

Further, if a distributor has reason to believe that the radio equipment which they have made available on the market presents a risk to the health and safety of end users, they must:  

  • make sure that the corrective measures necessary to bring the radio equipment into conformity are taken; 
  • this can include product recall or withdrawal. 
  • Immediately inform ComReg, giving details in particular of the non-compliance and of any corrective measures taken; and 
  • Cooperate with ComReg, at ComReg’s request, on any action taken to eliminate the risks posed by the radio equipment which the importer has placed on the market. 

Radio equipment is defined as any electrical or electronic product that intentionally emits or receives radio waves for communication or radiodetermination or requires an accessory (such as an antenna) to do so. Examples of radio equipment are GPS trackers, smart watches, Bluetooth and WiFi-enabled devices, smart kitchen and home appliances, baby monitors, phones, and laptops.  

ComReg, as the sole Market Surveillance Authority in Ireland for the RED, conducts inspections of radio equipment for sale in Ireland, to check for compliance and ensure that the essential requirements of the RED are being met.  

These inspections include: 

  • Checking that an EU Declaration of Conformity accompanies the radio equipment; 
  • Checking for the presence of the CE mark, which must be visible, legible, and indelibly affixed; 
  • Checking that the radio equipment is clearly marked with a type, batch, or serial number, as well as the manufacturer’s contact details; 
  • Checking that each item of radio equipment is accompanied by instructions for user and safety information in the correct language; and 
  • If the manufacturer is based in a third country, checking that there is an Economic Operator in the EU (an EU Authorised Representative) to represent them. 

Find out more on the Economic Operators page.

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