The Radio Equipment (Amendment) (Northern Ireland) Regulations 2025
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Change 1
2 Amendment of the Radio Equipment Regulations 2017
(1) The Radio Equipment Regulations 2017 are amended as follows. (2) In regulation 2(1) (interpretation and application)— (a) for the definition of “essential requirements” substitute— ““essential requirements” means— for all radio equipment, the requirements set out in regulation 6(1) and (2); and for radio equipment referred to in regulation 6(4), the requirements set out in regulation 6(3); for common charger radio equipment, the requirements set out in regulation 6(5); for internet-connected radio equipment— the requirements set out in regulation 6A(2) and (3), subject to the exclusions set out in regulation 6A(6); and the requirements set out in regulation 6A(4), subject to the exclusions set out in regulation 6A(5) and (6); and for equipment described in regulation 6A(4)(b) to (d), the requirements set out in regulation 6A(4), subject to the exclusions set out in regulation 6A(5) and (6);”; (b) after the definition of “importer” insert— ““internet-connected radio equipment” has the meaning given to it in regulation 6A(1);”. (3) After regulation 6 (essential requirements) insert— Additional essential requirements 6A (1) In this regulation— “Delegated Regulation” means Commission Delegated Regulation (EU) 2022/30 of 29 October 2021; “internet-connected radio equipment” has the meaning given to it in Article 1(1) of the Delegated Regulation; “location data” has the meaning given to it in Article 1(2) of the Delegated Regulation; “personal data” has the meaning given to it in Article 1(2) of the Delegated Regulation; “processing” has the meaning given to it in Article 1(2) of the Delegated Regulation; “traffic data” has the meaning given to it in Article 1(2) of the Delegated Regulation; “virtual currency” has the meaning given to it in Article 1(3) of the Delegated Regulation. (2) Subject to paragraph (6)(a), internet-connected radio equipment must be constructed so that it does not— (a) harm the network or its functioning; or (b) misuse network resources thereby causing an unacceptable degradation of service. (3) Subject to paragraph (6)(b), internet-connected radio equipment that enables the holder or user to transfer money, monetary value or virtual currency must be constructed so that it supports certain features ensuring protection from fraud. (4) Subject to paragraphs (5) and (6)(b), the following radio equipment must be constructed so that it incorporates safeguards to ensure that the personal data and privacy of the user and subscriber are protected— (a) internet-connected radio equipment; (b) radio equipment designed or intended exclusively for childcare; (c) radio equipment covered by Directive 2009/48 of the European Parliament and of the Council of 18 June 2009 on the safety of toys; (d) radio equipment designed or intended, whether exclusively or not exclusively, to be worn on, strapped to, or hung from any of the following— (i) any part of the human body, including the head, neck, trunk, arms, hands, legs and feet; (ii) any clothing, including headwear, hand wear and footwear, which is worn by human beings. (5) Paragraph (4) applies to radio equipment capable of processing— (a) personal data; (b) traffic data; or (c) location data. (6) The requirements set out in— (a) paragraph (2), do not apply to radio equipment to which any of the legislation specified in Article 2(1) of the Delegated Regulation applies; and (b) paragraphs (3) and (4), do not apply to radio equipment to which any of the legislation specified in Article 2(1) or (2) of the Delegated Regulation applies. . (4) In regulation 41 (conformity assessment procedures)— (a) in paragraph (5), after “or (3),” insert “or regulation 6A(2) to (4),”; and (b) in paragraph (6), after “or (3),” insert “or regulation 6A(2) to (4),”.
2 Amendment of the Radio Equipment Regulations 2017
(1) The Radio Equipment Regulations 2017 are amended as follows. (2) In regulation 2(1) (interpretation and application)— (a) for the definition of “essential requirements” substitute— ““essential requirements” means— for all radio equipment, the requirements set out in regulation 6(1) and (2); and for radio equipment referred to in regulation 6(4), the requirements set out in regulation 6(3); for common charger radio equipment, the requirements set out in regulation 6(5); for internet-connected radio equipment— the requirements set out in regulation 6A(2) and (3), subject to the exclusions set out in regulation 6A(6); and the requirements set out in regulation 6A(4), subject to the exclusions set out in regulation 6A(5) and (6); and for equipment described in regulation 6A(4)(b) to (d), the requirements set out in regulation 6A(4), subject to the exclusions set out in regulation 6A(5) and (6);”; (b) after the definition of “importer” insert— ““internet-connected radio equipment” has the meaning given to it in regulation 6A(1);”. (3) After regulation 6 (essential requirements) insert— Additional essential requirements 6A (1) In this regulation— “Delegated Regulation” means Commission Delegated Regulation (EU) 2022/30 of 29 October 2021; “internet-connected radio equipment” has the meaning given to it in Article 1(1) of the Delegated Regulation; “location data” has the meaning given to it in Article 1(2) of the Delegated Regulation; “personal data” has the meaning given to it in Article 1(2) of the Delegated Regulation; “processing” has the meaning given to it in Article 1(2) of the Delegated Regulation; “traffic data” has the meaning given to it in Article 1(2) of the Delegated Regulation; “virtual currency” has the meaning given to it in Article 1(3) of the Delegated Regulation. (2) Subject to paragraph (6)(a), internet-connected radio equipment must be constructed so that it does not— (a) harm the network or its functioning; or (b) misuse network resources thereby causing an unacceptable degradation of service. (3) Subject to paragraph (6)(b), internet-connected radio equipment that enables the holder or user to transfer money, monetary value or virtual currency must be constructed so that it supports certain features ensuring protection from fraud. (4) Subject to paragraphs (5) and (6)(b), the following radio equipment must be constructed so that it incorporates safeguards to ensure that the personal data and privacy of the user and subscriber are protected— (a) internet-connected radio equipment; (b) radio equipment designed or intended exclusively for childcare; (c) radio equipment covered by Directive 2009/48 of the European Parliament and of the Council of 18 June 2009 on the safety of toys; (d) radio equipment designed or intended, whether exclusively or not exclusively, to be worn on, strapped to, or hung from any of the following— (i) any part of the human body, including the head, neck, trunk, arms, hands, legs and feet; (ii) any clothing, including headwear, hand wear and footwear, which is worn by human beings. (5) Paragraph (4) applies to radio equipment capable of processing— (a) personal data; (b) traffic data; or (c) location data. (6) The requirements set out in— (a) paragraph (2), do not apply to radio equipment to which any of the legislation specified in Article 2(1) of the Delegated Regulation applies; and (b) paragraphs (3) and (4), do not apply to radio equipment to which any of the legislation specified in Article 2(1) or (2) of the Delegated Regulation applies. . (4) In regulation 41 (conformity assessment procedures)— (a) in paragraph (5), after “or (3),” insert “or regulation 6A(2) to (4),”; and (b) in paragraph (6), after “or (3),” insert “or regulation 6A(2) to (4),”.
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