The European Commission subsequently sought input from Member States. The concerns that they have raised range from dissatisfaction with the transparency of the negotiations leading to the drafting of the proposed Directive, through to fears about the anticipated consequences of the Directive if it was enacted in its current proposed form.
The suggested changes to the R&TTE Directive in some instances are wide ranging, with Annexes being renumbered and updated. However, many suggestions within the draft have already been rejected and this article provides a few key highlights.
Telecommunications Terminal Equipment has been excluded from the scope of the draft Directive; however, it is not yet clear whether radio receivers, e.g. TV and radio broadcast receivers, are excluded.
Article 5 (Registration of radio equipment within some categories) of the R&TTE draft introduces the possibility to require the registration of products, that fall within categories showing low levels of compliance, in a central database. It was intended that this would enhance the efficiency and effectiveness of market surveillance and therefore contribute to ensure a higher level of compliance with the Directive.
After feedback from Member States it has been proposed that this idea should be withdrawn, mainly because such a requirement would entail an additional burden to ‘economic operators’ and would raise confidentiality issues. Also, categories of radio equipment where a high level of compliance was not attained tend to be low value goods, such a remote control toys, and additional costs would no longer make compliant manufacture worthwhile and possibly do the reverse of the draft’s intention to increase compliance.
Article 10 (Obligations of manufacturers) refers to changes to the system for the declaration of Conformity. It suggests