RTTE Directive

This page is dedicated to providing information on the implementation of the RTTE Directive in the United Kingdom, and also elsewhere in Europe. Last updated 9.7.01 to add the Guidelines for Notified Bodies under the RTTED and to update Notified Body contact details.

5.04.01: DTI understanding of end of transition period as stated at ADCO7 is added for clarification below. DTI sees this as a correct interpretation of the Commission statement given further down this page.

END OF TRANSITIONAL PERIOD
1 According to the Blue Guide section 2.3.1, "A product is placed on the Community market when it is made available for the first time. This is considered to take place when a product is transferred from the stage of manufacture with the intention of distribution or use on the Community market. Moreover, the concept of placing on the market refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series."
2 In the UK, the transfer "from the stage of manufacture" for an "individual product" has always been understood to mean that the item has passed from "work in progress" to "finished goods stock". This is irrespective of whether the ownership of the item has passed to another legal entity or not. Nowadays many products are held by the manufacturer waiting to be called off and sent directly to the end user when a retail sale is made - this is a convenient way of cutting costs. As there are many retailers selling from the same pool of finished goods, the individual product items may not be assigned to an individual retailer until the sale is made.
3 Where the product conforms to previous approval rules, rather than to the RTTE Directive, the product "placed on the market" before the end of the transitional period on 7 April 2001 may include all items in manufacturers' finished goods stocks at that date.

[29.03.01: Commission statement on transition period added below. Also note TCAM8 meeting now scheduled for 23/24 April.]

STATEMENT MADE BY THE COMMISSION REPRESENTATIVE AT ADCO MEETING, BRUSSELS, 15 MARCH 2001

Interpretation of "placing on the market"

Placing on the market is the initial action of making a product available for the first time. This is considered to take place when a product is transferred from the stage of manufacturer (sic) with the intention of distribution or use in the community market.

The transfer of the product takes place either from the manufacturer, or the manufacturer's authorised representative in the Community, to the importer established in the Community or to the person responsible for distributing the product on the Community market.

It is also possible that this distribution chain equals the commercial chain of the manufacturer or the authorized representative.

However, the general rules concerning the transfer of a product equally apply to the situation in which a transfer takes place within the commercial chain of the manufacturer in order to determine in a clear and unambiguous way the moment in which a product is placed on the market.

A product is considered to be transferred either when the physical hand-over or the transfer of ownership has taken place, for instance in the circumstances of sale, loan, hire, leasing and gift.

Therefore the placing on the market of a product which moves within the commercial chain of the manufacturer can only be assumend (sic) in two circumstances. Either the finished product which does not require any further measures such as assembling, packaging, processing or labelling is physically moved from the production site to separate premises where it is made available to the final consumer or user. Or the ownership of the finished product is formally transferred from the production unit to the distribution unit which makes it available to the final consumer or user. This transfer of ownership has to be proved by a document, for example by a bill of sales contract.

(Earlier updates: 20.02.01: List of harmonised standards published in the ECOJ (OJ C 48, 14 February 2001, p15-23) Note the footnotes at end of the list.)

REMINDER:

(Earlier updates: 5.2.01: List of TCAM Decisions updated, NBs info now on separate page. 10.1.01: Notes of TCAM7 added. NB list omission corrected. 28.11.00: Information added on Article 18.3 Decision regarding current limiting on subscriber lines of France Telecom (OJ L 135, 8 June 2000, p25,26))

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Linked Websites

This page is one of a series of sites providing details of the UK implementation. It is also the entry point to UK information from other sites in Europe, including the Commission's website.

 On this page you will find details of the UK Regulations that implement the Directive, and information provided to the Commission by the DTI, such as the list of UK notified bodies.

 On the Radiocommunications Agency (RA) website you will find details of the radio interfaces notified to the Commission, and information on other radio issues, such as Article 6.4 notifications.

 On the Oftel website you will find details of UK public telecommunications operators, and access to their published network interface details .

 On the Commission website you will find information collected on a European basis (such as the complete list of notified bodies throughout the EU), and links to the Administration's website in each EU country, from which further national details can be found.

The UK Regulations

The RTTE Directive has been published in the Official Journal, ref. L 91 dated 7 April 1999. ( Text in PDF 124 kb). Member States were required to transpose the Directive into national law by 7/4/2000 and apply it from 8/4/2000.

The UK Statutory Instrument 2000 No 730 ("The RTTE Regulations") was published on 13 March 2000. It transposes the provisions of the Directive into UK law. A public consultation on the draft text of the Regulations was carried out during December 1999 and January 2000.

You can download a PDF print of the document here: PDF version (NB: the blue hyperlinks in this version are not working)

Related documents

Some related documents have been produced to give additional explanation on the scope and interpretation of the regulations in the UK. Note that these documents have no legal status, and are only intended as helpful information. In the event of any queries on interpretation of the text of the Regulations, it might be appropriate to seek legal advice.

The list of decisions is supported by original TCAM documents where necessary, as follows: TCAM3(99)42 TCAM4(00)26Rev2 .

Provisions resulting from the Directive

Article 3.3

When the Commission adopts a Decision on the application of further essential requirements under Article 3.3, the text of the decision will be available here. At present, Decisions have been adopted for (a) radio transmitters for vessels on the Rhine/Danube (Ref OJ L269, 21.10.2000, p 50/51 ), and (b) safety of life transmitters for small marine vessels. The only other Decision now expected early in 2001 is for (c) avalanche beacons (see ) which has been accepted with minor clarifications by TCAM6. All these Decisions are intended to preserve existing safety of life arrangements that would otherwise be superseded under the RTTED.

Article 4.1

Radio interfaces notified to the Commission are detailed in Radio Interface Regulations, available on the RA website .

Article 4.2

Public network interface specifications will be available from the public network operators, who are identified on the Oftel website, and in due course the specifications should be accessible on the PTO websites themselves (identified on the Oftel site).

Article 5.1

When the Commission publishes references to harmonised standards under the RTTE Directive, they will be accessible from here. On 6 April 2000 the EC Official Journal contained lists of EMC and safety standards previously applied under the EMCD and LVD that now are harmonised standards under the RTTED. The list includes TBRs brought forward as harmonised standards under the new regime.

Article 6.4

Radio equipment using non-harmonised frequencies (see definitions in the Frequently Asked Questions document, reference 6.6 and 6.7) that is intended to be placed on the market in the UK should be notified to the Radiocommunications Agency at notifications@radio.gov.uk. For further details see the RA website.

Article 11.1

See Notified Body contact details for UK bodies notified to the Commission for the tasks identified in Article 10.

Article 11.2

Bodies notified to carry out the surveillance tasks related to the operation of the Directive are in accordance with Schedule 9 of the Regulations. The local enforcement authorities vary according to the area of the UK concerned (as given in Schedule 9). The Radiocommunications Agency has competence throughout the UK concerning radio matters.

Article 18.3

Article 18.3 has a provision allowing Member States to preserve earlier requirements in specific cases. The one case considered is the analogue PSTN of France Telecom. Because there is no current limiting on the subscriber lines, terminal equipment itself is limited to drawing no more than 60mAmps. This provision was included in the earlier approvals requirement, CTR21, and is now maintained for a further thirty months from April 2000 by means of a Commission Decision (OJ. L135, 8 June 2000, pages 25,26)