Market Surveillance and Supervision Frequently Asked Questions

On this page, frequently asked questions arising from the services of the European Union and Member States implementing the RED Directive and other administrative representatives in Europe are listed.

General Information About the RED Directive

In our country, within the framework of European Union (EU) harmonization laws, market surveillance and inspection activities are carried out for radio and telecommunications terminal equipment under the Radio and Telecommunications Terminal Equipment Regulation (1995/5/EC), which was harmonized and published as the adaptation of the R&TTE Directive. However, the EU has decided to amend the R&TTE Directive in order to eliminate existing ambiguities, reduce unnecessary administrative burdens on economic operators, facilitate the use of products with a common charger for mobile phones and other portable devices, and prevent environmental pollution.

Taking into account new needs, the Radio Equipment Directive (Radio Equipment Directive/RED), which will replace the R&TTE Directive No. 1999/5/EC, was adopted on April 13, 2014. The European Union approved Directive 2014/53/EU on Radio Equipment (RED) and the directive was published in the Official Journal of the EU on 22/05/2014. EU member states, candidate countries, and European Free Trade Association (EFTA) countries are obliged to update their national legislation by June 12, 2016, when the R&TTE Directive will be repealed, and to implement the RED Directive from June 13, 2016 onwards. A one-year transition period was applied to meet the requirements of the Directive, and this transition period ended on June 12, 2017.

What is the scope of the RED Directive?

The RED Directive establishes a regulatory framework for the placing on the market, free circulation, and putting into service of radio equipment. Equipment not covered by the Directive includes:

1. Radio equipment used by amateur radio operators, unless it falls within the scope of placing on the market. The following equipment is not within the scope of placing on the market:

Radio kits for assembly used by amateur radio operators.
Radio equipment modified for use by amateur radio operators.
Radio equipment made individually by amateur radio operators for experimental and scientific work related to amateur radio.

2. Maritime equipment within the scope of Directive 2014/90/EU.

3. Aviation equipment within the scope of EU Regulation 2018/1139, used solely for flight purposes:

Aircraft other than unmanned aircraft and their engines, propellers, parts, and equipment not installed in combination.
Unmanned aircraft and their engines, propellers, parts, and equipment not installed in combination, certified under Article 56 of EU Regulation 2018/1139 and operating exclusively for aviation purposes at frequencies assigned by the International Telecommunication Union.

4. Custom-built evaluation and testing kits for professionals used solely in research and development facilities.

Where should I get approval for equipment not covered by the RED Directive?

For such equipment falling under other EU Directives, the provisions of the Directive under which they fall apply.

Are satellite receivers within the scope of the Directive?

Yes, devices with only receiver characteristics are also within the scope of the RED Directive.

Is the RED Directive applicable to maritime radio equipment?

Only radio equipment on board ships not covered by IMO (International Maritime Organization) regulations (SOLAS - Convention for the Safety of Life at Sea) falls within the scope of the RED Directive, e.g., equipment on ships operating in inland waters and numerous sea vehicles.

Are ship safety systems within the scope of the Directive?

Ship safety systems used entirely for ship safety may be excluded from the scope of the Directive by Member States. However, Member States are not obliged to do so.

Is it possible to place on the market radio equipment that is not permitted for use because it operates in frequency bands not allocated to the Community?

Yes, provided that the product meets the requirements of the Directive and the manufacturer affixes a clearly visible mark on the packaging and user instructions stating that the equipment cannot be used within the Community boundaries.

If the manufacturer does not affix the CE mark, who will be responsible for the product?

The entity placing the product on the market will be responsible.

What markings, information, and documents must be on the radio equipment, its packaging, and contents?

A Declaration of Conformity (DoC) in long or short format must be included in the contents of the box.

The product, product packaging, and documentation must bear the appropriate CE mark and pictograms where necessary. If approved bodies have been involved in the conformity assessment procedures, the approved body number must also be placed after the CE mark. The pictogram for equipment operating in radio frequency bands not harmonized for use within the Community must be clearly visible on the information for use and on the packaging. It must indicate the countries or geographical areas within those countries for which the equipment is intended to be used.

Example pictogram

In order for the user to use the equipment in accordance with its purpose, the intended use of the equipment must be specified. If necessary, information on the installation of the equipment must also be provided separately.

The manufacturer or the person responsible for placing the device on the market must inform the user about the intended use of the device. This information must be sufficient to identify the notified interfaces of the public telecommunications networks to which the equipment is intended to be connected. Once the information is visible, it is the manufacturer's responsibility in what format it is provided.

In the case of radio equipment containing a SIM card, the IMEI numbers related to the SIM card must be indicated on the device and on the packaging. For devices with SMS sending/receiving functions, the Turkish SMS compliance text (ETSI TS 123.038: Technical realization of the Short Message Service alphabet and languages; ETSI TS 123.040: Technical realization of the Short Message Service applications) must be included on the packaging.

The equipment must bear the type, group and/or serial number, and the manufacturer's name, brand, and model information.

Who is responsible for market surveillance and inspection of radio equipment?

National market surveillance and inspection authorities of Member States, EFTA countries, and candidate countries are responsible for market surveillance and enforcement.

Does the RED Regulation cover radio equipment already on the market before 05.11.2020?

The RED Regulation entered into force on 05.11.2020 with a 3-month transition period. Products placed on the market until this date comply with the R&TTE Regulation; between 05.11.2020 - 05.02.2021, both R&TTE and RED Regulations; and from 05.02.2021 onwards, only equipment compliant with the RED Regulation can be placed on the market.

How are conformity assessment procedures applied?

The conformity assessment procedure suitable for the product to be produced can be carried out in accordance with the table below as specified in the RED Guide.

When will the free circulation of radio equipment within the Community be possible?

Radio equipment bearing the CE mark as per the RED Directive and complying with its essential requirements and all provisions can circulate freely and be put into service without restrictions within the Community in accordance with the principles.

What essential requirements generally apply to the RED?

Radio equipment;

Ensuring the safety requirements specified in Article 5 of the Regulation on Electrical Equipment Designed for Certain Voltage Limits (2014/35/EU) without any voltage limit, for the protection of health and safety of people and domestic animals and property,
Electromagnetic compatibility at a sufficient level as determined in the Electromagnetic Compatibility Regulation (2014/30/EU) published in the Official Gazette dated 2/10/2016 and numbered 29845,

shall be manufactured in compliance with these conditions.

Radio equipment shall be manufactured to use the radio spectrum efficiently, preventing harmful interference and supporting the effective use of the spectrum.

In addition, the Authority may implement Commission decisions taken for the application of the essential requirements specified below to equipment within certain categories or classes through regulations it issues:

Works compatibly with common charger and external accessories.
Works compatibly with other radio equipment via communication networks.
Can be connected to appropriate types of interfaces in Turkey and EU member countries.
Does not harm the communication network or its operation and does not cause unacceptable degradation of the communication service due to improper use of network resources.
Includes measures to ensure the protection of users' and subscribers' personal data and privacy.
Supports specific features for protection against fraud.
Supports specific features for access to emergency services.
Supports specific features to facilitate use by disabled users.
Supports features that allow only the loading of software proven to work compatibly with itself.

Which standards other than harmonized standards can be applied?

The manufacturer has the right to select any technical specification that it deems appropriate for compliance with the applicable essential requirements. However, when using this other standard, it is the manufacturer's responsibility to prove that it has acted in accordance with the conformity assessment procedures (including Technical Documentation Review and Full Quality Assurance) requested by the relevant authorities.

Does the RED cover licensing?

The scope of the RED provides a regulatory framework for the placing on the market, free circulation, and putting into service of radio equipment within the Community boundaries. Therefore, licenses must comply with this framework.

Can equipment without the CE mark be exhibited at trade fairs?

Equipment not yet permitted to be placed on the EU market due to non-compliance with the Directive may be exhibited at trade fairs or exhibitions provided it bears a clearly visible mark indicating that it cannot be placed on the market or put into service within the EU. Use of this equipment is not permitted under the Directive, but some National Authorities may allow very limited use (time, place, duration).

How can I access radio interface documents?

Radio interface documents can be accessed at radio interface documents within the framework of the National Frequency Plan, Regulation on Radio Devices and Systems Exempt from Frequency Allocation, and harmonized standards.

Programmable radio equipment

When placing programmable equipment on the market, manufacturers, authorized representatives, or persons responsible for placing the products on the market must pay great attention to the classification system. Equipment programmable by the user to operate in non-existent or only frequencies usable with special license conditions falls into Class 2. Therefore, such equipment must be affixed with pictograms and related markings, and the user manual must contain precise information on the conditions of use. Equipment that the user cannot reprogram and configured by the manufacturer to operate as a Class 1 device belongs to Class 1. However, abuse of this situation to enable users to install equipment in unauthorized frequency bands and above power limits may result in penalties including market placement ban and administrative fines.

Which devices have been declared unsafe?

Radio equipment detected as unsafe within the scope of market surveillance activities conducted by our Institution is announced in the Unsafe Product Information System (GÜBİS) of the Ministry of Trade and also on our Institution's website.