Radio Equipment (Amendment) Regulations, 2024

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,180, 16 ta’ Jannar, 2024

L.N. 7 of 2024

PRODUCT SAFETY ACT

(CAP. 427)

Radio Equipment (Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by articles 38, 39 and 40

of the Product Safety Act, the Minister responsible for consumer

affairs, on the advice of the Director General (Technical Regulations),

has made the following regulations:-

(1) The title of these regulations is the Radio Equipment Citation, scope

(Amendment) Regulations, 2024 and these regulations shall be read and

commencement.

and construed as one with the Radio Equipment Regulations, S.L. 427.41.

hereinafter referred to as "the principal regulations".

(2) The scope of these regulations is to transpose Directive (EU)

2022/2380 of the European Parliament and of the Council of

23 November 2022 amending Directive 2014/53/EU on the

harmonisation of the laws of the Member States relating to the making

available on the market of radio equipment.

(3) Regulations 1, 5(b), 8 to 14, both included, 15(c), 16, 17(b)

and 18 to 22, both included, shall be deemed to have come into force

on the 28th of December 2023.

(4) The provisions of these regulations other than those

mentioned under sub-regulation (3) shall apply as from the 28th of

December 2024, with regard to radio equipment falling within the

categories or classes specified in points 1.1 to 1.12 of Part I of

Schedule VIII and as from the 28th of April 2026, with regard to radio

equipment falling within the categories or classes specified in point

1.13 of Part I of Schedule VIII.

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) paragraph (a) of sub-regulation (3) thereof shall be

substituted by the following new paragraph

"(a) radio equipment interworks with accessories

other than the charging devices for the categories or classes

of radio equipment, specified in Part I of Schedule VIII,

which are specifically referred to in sub-regulation (5);";

and

(b) immediately after sub-regulation (4) thereof, there

shall be added the following new sub-regulations

"(5) Radio equipment falling within the categories

or classes specified in Part I of Schedule VIII shall be so

constructed that it complies with the specifications relating

to charging capabilities set out in thesaid Schedule for the

relevant category or class of radio equipment.

(6) The provisions of sub-regulation (5) and other

provisions which make reference thereto shall apply as

from 28 December 2024, for radio equipment falling within

the categories or classes specified in points 1.1 to 1.12 of

Part I of Schedule VIII, and from 28 April 2026 for the

categories or classes of radio equipment referred to in point

1.13 of Part I of Schedule VIII.".

Immediately after regulation 4 of the principal regulations,

as amended, there shall be added the following new regulation

(1) Where an economic operator offers to

consumers and other end-users the possibility to

acquire the radio equipment referred to in regulation

4(5) together with a charging device, the economic

equipment without

operator shall also offer the consumers and other end-

users the possibility of acquiring that radio equipment

without any charging device.

(2) Economic operators shall ensure that the

information on whether or otherwise a charging device is

included with the radio equipment referred to in

regulation 4(5) is displayed in a graphic form using a

user-friendly and easily accessible pictogram as set out

in Part III of Schedule VIII when such radio equipment is

made available to consumers and other end-users. The

pictogram shall be printed on the packaging or affixed to

the packaging as a sticker. When the radio equipment is

made available to consumers and other end-users, the

pictogram shall be displayed in a visible and legible

manner, and in the case of distance selling, close to the

4. Sub-regulation (8) of regulation 10 of the principal

regulations shall be substituted by the following new sub-regulation

"(8) (a) Manufacturers shall ensure that the radio

equipment is accompanied by instructions and safety

information. Instructions shall include the information required

to use radio equipment in accordance with its intended use. Such

information shall include, where applicable, a description of

accessories and components, including software, which allow the

radio equipment to operate as intended. Such instructions and

safety information, as well as any labelling, shall be clear,

understandable, and intelligible.

(b) The following information shall also be included in

the instructions in the case of radio equipment intentionally

emitting radio waves

(i) frequency bands in which the radio equipment

operates; and

(ii) maximum radio-frequency power transmitted in

the frequency bands in which the radio equipment operates.

(c) In the case of radio equipment referred to in

regulation 4(5), the instructions shall contain information on the

specifications relating to the radio equipment’s charging

capabilities and the compatible charging devices, as set out in

Part II of Schedule VIII. In addition to being included in the

instructions, when the manufacturers make such radio equipment

available to consumers and other end-users, the information shall

be also displayed on a label, as set out in Part IV of Schedule

VIII. The label shall be printed in the instructions and on the

packaging or affixed to the packaging as a sticker. In the absence

of packaging, the sticker with the label shall be affixed to the

radio equipment. When the radio equipment is made available to

consumers and other end-users, the label shall be displayed in a

visible and legible manner, and in the case of distance selling,

close to the price indication. Where the size or nature of the radio

equipment does not allow otherwise, the label may be printed as

a separate document accompanying the radio equipment.

(d) The instructions and safety information referred to in

the paragraphs (a), (b) and (c) shall be in a language which can

be easily understood by consumers and other end-users, as

determined by TRD.".

Regulation 12 of the principal regulation shall be amended Amends

regulation 12 of

as follows

the principal

regulations.

(a) in paragraph (b) of sub-regulation (4) thereof, the

words "set out in regulation 4." shall be substituted by the words

"set out in regulation 4;" and immediately after there shall be

added the following new paragraph

"(c) when making the radio equipment referred to in

regulation 4(5) available to consumers and other end-users,

importers shall ensure that

(i) such radio equipment displays, or is

supplied with, a label in accordance with regulation

10(8)(c); and

(ii) that label is displayed in a visible and

legible manner and, in the case of distance selling,

close to the price indication."; and

(b) immediately after paragraph (b) of sub-regulation (6)

thereof, the words "(8) shall, further to a reasoned" shall be

substituted by the words "(c) shall further to a reasoned".

Sub-regulation (2) of regulation 13 of the principal

regulations shall be amended as follows

(a) the words "(2) Before making radio equipment

available on the" shall be substituted by the words "(2)(a) Before

making radio equipment available on the";

(b) the words "Where a distributor considers or has

reason" shall be substituted by the words "(b) Where a distributor

considers or has reason";

(c) immediately after paragraph (b), as amended, there

shall be added the following new paragraph

"(c) When making the radio equipment referred to in

regulation 4(5) available to consumers and other end-users,

distributors shall ensure that

(i) such radio equipment displays, or is

supplied with, a label in accordance with regulation

10(8)(c); and

(ii) such label is displayed in a visible and

legible manner, and in the case of distance selling,

close to the price indication.".

In sub-regulation (2) of regulation 17 of the principal

regulations, the words "regulation 4(1)" shall be substituted by the

words "regulation 4(1) and (5)".

In sub-regulation (4) of regulation 20 of the principal

regulations, the words "regulation 40" shall be substituted by the

words "regulation 39".

Regulation 26 of the principal regulations shall be amended Amends

regulation 26 of

the principal

regulations.

(a) in paragraph (c) of sub-regulation (2) thereof, the

words "Schedule III" shall be substituted by the words

"Schedules III and IV"; and

(b) in sub-regulation (6) thereof, the words "Schedule

III" shall be substituted by the words "Schedules III and IV".

In regulation 27 of the principal regulations the words Amends

regulation 27 of

"regulation 25" shall be substituted by the words "regulation 26".

the principal

regulations.

In sub-regulation (1) of regulation 28 of the principal Amends

regulations, the words "regulation 24" shall be substituted by the regulation

the principal

words "regulation 26".

regulations.

Immediately after regulation 28 of the principal Adds new

regulation of

regulations, there shall be added the following new regulation

the principal

regulations.

(1) A conformity assessment body shall

submit an application for notification to the TRD.

(2) The application for notification shall be

accompanied by a description of the conformity

assessment activities, the conformity assessment module

or modules and the radio equipment for which that body

claims to be competent, as well as by an accreditation

certificate, where one exists, issued by a national

accreditation body attesting that the conformity

assessment body fulfils the requirements laid down in

regulation 26.

(3) Where the conformity assessment body

concerned cannot provide an accreditation certificate, it

shall provide the TRD with all the documentary evidence

necessary for the verification, recognition, and regular

monitoring of its compliance with the requirements laid

down in regulation 26.".

13. Regulation 29 of the principal regulations shall be amended Amends

regulation 29 of

the principal

regulations.

(a) in sub-regulation (1) thereof, the words "regulation

25" shall be substituted by the words "regulation 26"; and

(b) in sub-regulation (4) thereof, the words "sub-

regulation (2)" shall be substituted by the words "sub-regulation

(2) of regulation 28A".

14. In paragraph (a) of sub-regulation (4) of regulation 31 of the

principal regulations, the words "Schedule I" shall be substituted by the

words "regulation 4".

15. Regulation 36 of the principal regulations shall be amended

as follows

(a) the marginal note thereof shall be substituted by the

following new marginal note

"Procedure at national level for dealing with radio

equipment presenting a risk or otherwise in compliance

with essential requirements.";

(b) paragraph (a) of sub-regulation (1) thereof, shall be

substituted by the following new paragraph

"36. (1) (a) Where the MSD have sufficient reason

to believe that radio equipment covered by these

regulations presents a risk to the health or safety of persons

or to other aspects of public interest protection covered by

these regulations, or that it does not comply with at least

one of the applicable essential requirements set out in

regulation 4, it shall carry out an evaluation in relation to

the radio equipment concerned covering all relevant

requirements laid down in these regulations. The relevant

economic operators shall cooperate as necessary with the

MSD for that purpose."; and

(c) in paragraph (a) of sub-regulation (4) thereof, the

words "sub-regulation (1)(c)" shall be substituted by the words

"sub-regulation (1)(b)".

16. In sub-regulation (1) of regulation 37 of the principal

regulations, the words "regulation 33(1)" shall be substituted by the

words "regulation 36(1)".

17. Sub-regulation (1) of regulation 38 of the principal

regulations shall be amended as follows

(a) immediately after paragraph (f) thereof, there shall be

added the following new paragraphs

"(fa) the pictogram as referred to in regulation 4A(2)

or the label as referred to in regulation 10(8) has not been

drawn up correctly;

(fb) the label as referred to in regulation 10(8) does

not accompany the radio equipment concerned;

(fc) the pictogram or the label is not affixed or

displayed in accordance with regulation 4A(2) or

regulation 10(8);";

(b)

in paragraph (g) thereof

(i) the words "regulation 7(6)" shall be substituted

by the words "regulations 10(6) or 10(7)"; and

(ii) the words "regulation 9(3)" shall be substituted

by the words "regulation 12(3)";

(c) paragraph (h) thereof shall be substituted by the

following new paragraph

"(h) the information referred to in regulation 10(8),

the EU declaration of conformity referred to in regulation

10(9), or the information on usage restrictions referred to in

regulation 10(10), does not accompany the radio

equipment;"; and

(d) paragraph (j) thereof, shall be substituted by the

following new paragraph

"(j)

regulation 4A(1) or regulation 6 is not complied

with.".

18. Point 3 in Schedule I to the principal regulations shall be Amends

Schedule I to

substituted by the following new point

the principal

regulations.

"3. Aviation equipment intended exclusively for airborne use

falling within the scope of article 138 of Regulation (EU) 2018/1139

of the European Parliament and of the Council (†).

† Regulation (EU) 2018/1139 of the European Parliament and of

the Council of 4 July 2018 on common rules in the field of civil

aviation and establishing a European Union Aviation Safety Agency,

and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008,

(EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and

2014/53/EU of the European Parliament and of the Council, and

repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the

European Parliament and of the Council and Council Regulation

(EEC) No 3922/91 (OJ L 212, 22.8.2018, p.1)".

19. Schedule IV to the principal regulations shall be amended Amends

Schedule IV to

as follows

the principal

regulations.

(a) in item 6(c) thereof, the words "point 3(5)" shall be

substituted by the words "point 3(3)(f)";

(b) in item 6(d) thereof, the words "3(5)" shall be

substituted by the words "3(3)(f)"; and

(c) in item 8 thereof, the words "point 3(5)" shall be

substituted by the words "point 3(3)(f)".

20. In item (f) of Schedule V to the principal regulations, the

words "Annex III" shall be substituted by the words "Schedule III".

21. In Schedule VI to the principal regulations the words "EU

DECLARATION OF CONFORMITY (No XXX) (1)" thereof, shall be

substituted by the words "EU DECLARATION OF CONFORMITY

(No ) 1 (Regulation 18)";

" 1 - It is optional for the manufacturer to assign a number to

the EU declaration of conformity.".

22. Immediately after Schedule VI to the principal regulations

there shall be added the following new Schedule

"SCHEDULE VII

SIMPLIFIED EU DECLARATION OF CONFORMITY

The simplified EU declaration of conformity referred to in

regulation 10(9) shall be provided as follows

Hereby, [Name of manufacturer] declares that the radio

equipment type [designation of type of radio equipment] is in

compliance with Directive 2014/53/EU.

The full text of the EU declaration of conformity is available at

the following internet address:".

23. Immediately after Schedule VII to the principal regulations

there shall be added the following new Schedule

"SCHEDULE VIII

SPECIFICATIONS AND INFORMATION RELATING TO

CHARGING APPLICABLE TO CERTAIN CATEGORIES OR

CLASSES OF RADIO EQUIPMENT

Part I

Specifications relating to charging capabilities

1. The requirements set out in points 2 and 3 of this Part shall

apply to the following categories or classes of radio equipment

1.1. handheld mobile phones;

1.2. tablets;

1.3. digital cameras;

1.4. headphones;

1.5. headsets;

1.6. handheld videogame consoles;

1.7. portable speakers;

1.8. e-readers;

1.9. keyboards;

1.10. mice;

1.11. portable navigation systems;

1.12. earbuds;

1.13. laptops.

2. In so far as they are capable of being recharged by means of

wired charging, the categories or classes of radio equipment referred to

in point 1 of this Part shall

2.1. be equipped with the USB Type-C receptacle, as

described in the standard EN IEC 62680-1-3:2022 "Universal

serial bus interfaces for data and power – Part 1-3: Common

components – USB Type-C® Cable and Connector

Specification", and that receptacle shall remain accessible and

operational at all times*;

2.2. be capable of being charged with cables which

comply with the standard EN IEC 62680-1-3:2022 "Universal

serial bus interfaces for data and power – Part 1-3: Common

components – USB Type-C® Cable and Connector

Specification"*.

3. In so far as they are capable of being recharged by means of

wired charging at voltages higher than 5 Volts, currents higher than 3

Amperes or powers higher than 15 Watts, the categories or classes of

radio equipment referred to in point 1 of this Part shall

3.1. incorporate the USB Power Delivery, as described in the

standard EN IEC 62680-1-2:2022 "Universal serial bus interfaces for

data and power – Part 1-2: Common components – USB Power

Delivery Specification"*;

3.2. ensure that any additional charging protocol allows for the

full functionality of the USB Power Delivery referred to in point 3.1,

irrespective of the charging device used.

Part II

Information on specifications relating to charging capabilities and the

compatible charging devices

In the case of radio equipment falling within the scope of

regulation 4(5) the following information shall be indicated in

accordance with the requirements set out in regulation 10(8), and may

be made available in addition by means of QR codes or similar

electronic solutions

(a) in the case of all categories or classes of radio

equipment which are subject to the requirements set out in Part I,

a description of the power requirements of the wired charging

devices that can be used with that radio equipment, including the

minimum power required to charge the radio equipment, and the

maximum power required to charge the radio equipment at the

maximum charging speed expressed in Watts by displaying the

text: "the power delivered by the charger must be between min

[xx] Watts required by the radio equipment, and max [yy] Watts

in order to achieve the maximum charging speed". The number

of Watts shall express, respectively, the minimum power

required by the radio equipment, and the maximum power

required by the radio equipment to achieve the maximum

charging speed;

(b)

in the case of radio equipment which is subject to the

requirements set out in point 3 of Part I, a description of the

specifications relating to charging capabilities of the radio

equipment, in so far as it is capable of being recharged by means

of wired charging at voltages higher than 5 Volts or currents

higher than 3 Amperes or powers higher than 15 Watts, including

an indication that the radio equipment supports the USB Power

Delivery charging protocol by displaying the text "USB PD fast

charging" and an indication of any other supported charging

protocol by displaying its name in text format.

Part III

Pictogram indicating whether or not a charging device is included with

the radio equipment

1. The pictogram shall have the following formats

1.1 If a charging device is included with the radio

equipment

1.2. If no charging device is included with the radio

equipment

2. The pictogram may vary in appearance (e.g. as to its

colour, solid or hollow, line thickness), provided that it remains

visible and legible. If the pictogram is reduced or enlarged, the

proportions set out in the drawings in point 1 of this Part shall be

maintained. The dimension "a" referred to in point 1 of this Part

shall be greater than or equal to 7 mm, irrespective of the

variation.

Part IV

Content and format of the label

1. The label shall have the following format

2. The letters "XX" shall be replaced by the figure

corresponding to the minimum power required by the radio equipment

to charge, which determines the minimum power that a charging

device needs to supply to charge the radio equipment. The letters "YY"

shall be replaced by the figure corresponding to the maximum power

required by the radio equipment to achieve maximum charging speed,

which determines the power that a charging device needs to supply at

least to achieve that maximum charging speed. The abbreviation "USB

PD" (USB Power Delivery) shall be displayed if the radio equipment

supports that charging communication protocol. "USB PD" is a

protocol that negotiates the fastest delivery of current from the

charging device to the radio equipment without shortening the battery

lifetime.

3. The label may vary in appearance (e.g. as to its colour,

solid or hollow, line thickness) provided that it remains visible and

legible. If the label is reduced or enlarged, the proportions set out in

the drawing in point 1 of this Part shall be maintained. The dimension

"a" referred to in point 1 of this Part shall be greater than or equal to 7

mm, irrespective of the variation.

* - Standards as per Commission Delegated Regulation (EU) 2023/

1717 of 27 June 2023 amending Directive 2014/53/EU of the European

Parliament and of the Council as regards the technical specifications for

the charging receptacle and charging communication protocol for all the

categories or classes of radio equipment capable of being recharged by

means of wired charging.".

€0.63