Starting from 1 April 2018 all manufacturers and importers of radio equipment in Ukraine are required to comply with the adopted Technical Regulation (TR) on the safety of radio electronic equipment, subject to the set transitional period. The adopted TR is in line with the European Directive 2014/53/EU relating to the making available on the market of radio equipment.
The TR sets out health and safety requirements as well as requirements regulating electromagnetic compatibility and the efficient use of the radio spectrum in Ukraine.
All radio equipment that is in scope of the TR must comply with the essential requirements set out in clause 6 of the TR. In particular, such equipment must be designed so as to ensure safety of people and domestic animals as well as property, taking into consideration safety requirements set out by the Technical Regulation on the Safety of Low Voltage Equipment but without any restrictions as to the voltage.
Radio equipment must be designed in a way that allows to effectively use and maintain the efficient use of radio spectrum resources and to avoid harmful interference. If the transmitter is duly installed, maintained and used for its intended purpose, it must emit radio waves that do not cause harmful interference, and any unwanted radiation.
Receivers must have a level of sensitivity, selectivity and other characteristics that allow them to work properly and protect them from the risk of harmful interference on the same channel or on other channels.
Manufacturers must submit to the National Commission on the State Regulation on the Area of Communication and Informatisation (NKRZI or NCCIR) the information on the types of radio equipment with a low level of compliance with the essential requirements. This information must contain parts of technical documentation specified in Annex 4 to the TR, except for sub-clauses 2 and 3 of clause 1 of Annex 4. The NKRZI will then provide each manufacturer with the registration number for each type of such equipment. This number must be applied to the radio equipment placed on the market from 12 June 2018.
The manufacturers’ obligations are set out in clauses 19-30 of the TR and include the following:
- ensure that radio equipment is developed and manufactured in accordance with the essential requirements of the TR;
- ensure that radio equipment is designed in such a way that it can be used in Ukraine for its intended purpose without breaking the applicable conditions of radio spectrum use in Ukraine;
- draw up technical documentation in accordance with clauses 64-67 of the TR and confirm compliance of radio equipment in accordance with the procedures set out in clauses 51-53 of the TR;
- issue a declaration of conformity (DoC) in accordance with Annex 5 to the TR and affix the required mark of conformity if radio equipment fully complies with the applicable technical regulations;
- keep the technical documentation and DoC for at least 10 years after the last unit of radio equipment was released for circulation;
- take into consideration any changes in design or properties of radio equipment as well as changes in the national standards;
- test produce samples, perform product investigations and keep a register of consumer complaints and of products recalled from the market and to inform distributers on such complaints and recalls;
- ensure that radio equipment placed on the market complies with the traceability requirements: marked with its type, model, batch or serial number (or, if this is not possible that the required marking is contained on the packaging or accompanying documentation);
- provide instruction manuals for use and safety information for products released on the market, in accordance with the legislation regulating the use of languages in Ukraine;
- issue a DoC for their products;
- to take immediate corrective measures, if this is necessary to bring non-compliant equipment in compliance this TR and, if necessary, withdraw or recall the equipment from the market;
- to immediately inform the market surveillance authority, if the manufacturer believes that any of its products placed on the market are posing a risk;
- provide the market surveillance authority with the information necessary to demonstrate compliance with the requirements of the TR and act in collaboration with them in order to eliminate all risks posed by products.
The TR enters into force on 1 April 2018 (except for clause 1 which enters into force six months after the date of official publication).
Law: Decree No. 355, 2017 on Approval of the Technical Regulation on Radio-Electronic Equipment