Importers 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).
For the purposes of Article 4 of the Market Surveillance Regulations (Regulation 2019/1020) an importer is a person or a company established in the EU who places radio equipment from a non-EU country onto the EU market. Where an online marketplace is also an importer, Article 4 can still apply.
Under Article 4, the name (or registered name/trademark) and contact details (including postal address) of the economic operator must be indicated on at least one of the following:
- The product
- Its packaging (i.e. the sales packaging)
- The parcel (packaging to facilitate handling and transport)
- An accompanying document (e.g. declaration of conformity)
- Carry out sample testing of that equipment;
- Investigate and keep a register of complaints relating to non-conforming radio equipment and radio equipment recalls (whilst keeping distributors informed of any such monitoring); 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.
- 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.
