R&TTE regime

The R&TTE Directive was adopted as a consequence of the evolution seen in the telecommunications sector - with the development of new technologies, the market’s evolution and new legislation on telecommunications networks - requiring a revamp of the framework governing radiocommunications and terminal equipment.

The growing importance of such equipment, rapid technological evolution and the need to ensure there are no barriers to the free movement of goods was not compatible with the previous framework based upon approval and homologation.  The R&TTE Directive was introduced in order to ensure that investment, manufacture and commercialisation keeps pace with the sector's evolution in terms of technology and the market.  The R&TTE Directive also enables greater harmonisation of procedures, since it is based on making the market players responsible through conformity assessment and marking procedures, in order to guarantee compliance with applicable requirements and conditioning factors.

The regulatory framework of Decree-Law no. 192/2000 of August 18, which transposes the R&TTE Directive into Portuguese legislation, applies to:

• radiocommunications equipment;
• telecommunications terminal equipment.

It also applies to radiocommunications apparatus and telecommunications terminals which incorporate medical devices, as well as active implantable medical devices.

It also applies to devices which are components or separate technical units of a vehicle. (e.g.: car immobilisers).  There are however certain types of telecommunications apparatus that are excluded from the framework of this legislation, specifically:

• Radio equipment used by radio amateurs, unless such equipment is available commercially;
• Kits of components to be assembled by radio amateurs and commercial equipment modified by radio amateurs for their own use;
• Equipment falling within the scope of Decree-Law no. 167/99 of May 18, which establishes the rules applicable to marine equipment to be manufactured or sold in Portuguese territory or to be installed on Portuguese shipping vessels;
• Cabling and wiring;
• Receive only equipment used in the transmission of radio and television broadcasting;
• Equipment and systems intended for air traffic control (within the framework of the application of Decree-Law no. 242/95 of 13 September), as well as materials, components and subcomponents (within the meaning of Article 2 of Council Regulation (CEE) no. 3922/91 of 16 December).

In order for an apparatus to comply with the provisions of the regime laid out in Decree-Law no. 192/2000 of 18 August, it is necessary:

• That assessment has been made of the apparatus' conformity with the specified essential requirements and in accordance with one of the specified conformity assessment procedures;
• That the apparatus has been duly marked and the packaging contains the indispensable information (specifically in terms of possible restrictions to which the apparatus may be subject);
• That the apparatus is accompanied by an instruction manual, as well as the corresponding declaration of conformity .

In some cases (radio apparatus that do not use harmonised frequency bands throughout the European Union), it is necessary to notify the Portuguese authorities charged with spectrum management of the intention to place said apparatus on the market (notification according to article 9, paragraph 3 of Decree-Law no. 192/2000 of 18 August, corresponding to article 6.4 of the R&TTE Directive).

In order for an apparatus to conform with Decree-Law no. 192/2000 of 18 August (and with the R&TTE Directive), it is necessary that it complies with the essential requirements described therein.

Radiocommunications and terminal equipment

• Protection of the health and safety of the user and any other person, including with respect to the safety objectives and requirements established in Decree-Law no 117/88 of 12 April (with the exception of the provisions which regard the application of the voltage limit).
• Protection requirements in terms of electromagnetic compatibility, set out in Administrative Rule no 767-A/93 of 31 August and other applicable legislation.

Radio equipment.

• Radio equipment shall be constructed in such a way that guarantees efficient use of the radio spectrum and avoids harmful interference.

Additional requirements may also be imposed by the European Commission for specific equipment classes or certain types of apparatus, so that such equipment:

• interworks via networks with other apparatus, so that it can be connected to interfaces of the appropriate type throughout the European Union;
• does not harm the network or its functioning and does not result in the misuse of network resources causing an unacceptable deterioration of service;
• contains safeguards which ensure protection of the personal data and privacy of the user and of the subscriber;
• it incorporates features which prevent fraud;
• it supports certain features ensuring access to emergency services;
• it supports certain features which facilitate use by people with special needs. 

It is presumed that an apparatus complies with essential requirements when it complies with the European harmonised standards (whose references are published in the Official Journal of the European Communities and in series III of Diário da República).

See: National Frequency Allocation Planhttps://www.anacom.pt/render.jsp?contentId=656483 and notification with respect to equipment which does not use frequency bands which have been harmonised in the European Union (article 9, paragraph 3 of Decree-Law no 192/2000, which transposes article 6.4 of the R&TTE Directive).

Decree-Law no. 192/2000 of August 18 establishes four possible procedures for guaranteeing conformity with the essential requirements, depending on the category of apparatus that is intended to be placed in the market:

The conformity assessment procedures are specified in the various annexes to Decree-Law no 192/2000 of 18 August (corresponding to the annexes to the R&TTE Directive):

• Annex II - Internal Production Control;
• Annex III - Internal production control plus specific apparatus tests;
• Annex IV - technical construction file;
• Annex V - Full quality assurance. 

The manufacturer, representative or entity responsible for placing the apparatus in the market should select one of the indicated procedures, applicable to the apparatus in question.

Annex II - Internal Production Control

This is the simplest procedure of the four. 

Scope of application: terminal equipment and receiver elements of radio apparatus:

It consists of:

• preparation of technical documentation;
• preparation of declaration of conformity;
• placing of CE mark.

The technical documentation shall consist of a file which allows assessment of the conformity of the apparatus with the essential requirements, which file shall contain several items, including the following:

• General description of the product;
• Conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;
• Descriptions and explanations necessary for the understanding of said drawings and schemes  and the operation of the product;
• List of the harmonised standards, applied in full or in part, and explanations of the solutions adopted to meet the applicable essential requirements where such standards have not been applied or do not exist;
• Results of calculations made and of the examinations carried out;
• Test reports. 

The manufacturer, the authorised representative thereof or the entity responsible for placing the equipment on the market (e.g. importer from a third country) shall maintain and make available the cited technical documentation for the purposes of inspection and enforcement for a period of 10 years following the manufacture date of the last unit of the product.

Annex III - Internal production control plus specific apparatus tests

Scope of application: radiocommunications apparatus subject to harmonised standards.

It consists of:

• annex II;
• radio tests.

In addition to the requirements contained in Annex II, this procedure requires radio tests to be carried out.

The manufacturer shall consult a notified authority, of its own choosing, which will determine the essential radio test suites to be carried out (unless the test suites are specified in the harmonised standards). 

The manufacturer shall:

• Declare that these tests have been carried out;
• Declare that the apparatus complies with the essential requirements;
• Affix the notified body's identification number (see: declaration of conformity, marking of apparatus and indispensable information). 

The manufacturer, the authorised representative thereof or the entity responsible for placing the equipment on the market (e.g. importer from a third country) shall maintain and make available the cited technical documentation for the purposes of inspection and enforcement, for a period of 10 years following the manufacture date of the last unit of the product.

Annex IV - Technical construction file

Scope of application: Radiocommunications apparatus without or with only partial application of harmonised standards.

It consists of:

• annex III;
• preparation of technical file.

The technical file shall be prepared by the manufacturer, representative or entity responsible for placing the apparatus in the market and shall include:

• the documentation listed in annex III;
• the declaration of conformity to specific radio test suites described in Annex III. 

The technical file shall be submitted for the appraisal of various notified bodies, which, within a maximum of 4 weeks, shall give notice as to whether or not they consider the elements included in the file as constituting proof of the requirements specified in the legislation (see: declaration of conformity, marking of apparatus and indispensable information).

The manufacturer, the authorised representative thereof or the entity responsible for placing the equipment on the market (e.g. importer from a third country) shall maintain and make available the cited technical documentation for the purposes of inspectionhttps://www.anacom.pt/render.jsp?contentId=48777 and enforcement for a period of 10 years following the manufacture date of the last unit of the product.

Annex V - Full quality assurance

Scope of application: All radiocommunications and telecommunications equipment.

It consists of:

• assessment of the full quality system;
• declaration of conformity;
• CE mark.

In this procedure, the manufacturer declares that its apparatus is in compliance with the essential requirements of Decree-Law no 192/2000 of 18 August, submitting its quality system to the assessment of a notified body.

The quality system shall cover the product design, manufacture, inspection and test stages. The notified body shall carry out audits at reasonable intervals, in order to certify the maintenance and application of the quality system.  This procedure may only be chosen if the entity to carry out the conformity assessment is the manufacturer.

The manufacturer shall maintain available, for the purposes of inspection during a period of at least 10 years after the manufacture of last apparatus:

• documentation regarding the quality system;
• documentation regarding alterations to, and updating of, the quality system;
• decisions and assessment reports on the quality system by the notified bodies (see: declaration of conformity, marking of apparatus and indispensable information.

Indispensable information to be affixed to the apparatus

In accordance with Decree-Law no 192/2000 of 18 August, manufacturers, representatives or entities responsible for placing the apparatus on the market are obliged to supply consumers with detailed consumer information:

• Instruction manuals in Portuguese;
• User information on the purpose of the apparatus;
• Indication as to whether the equipment is intended for use in the entire national territory or only a part thereof (indicating the respective geographic areas);
• Warnings of possible restrictions or requirements to which use of the equipment in question may be subject. 

In addition to the above, the equipment must be identified with:

• The type of apparatus, and batch and serial numbers;
• Name of manufacturer or entity responsible for placing the apparatus in the market.

Marking of apparatus

• CE marking - visible, legible and indelible, affixed to the product or on the respective characteristics plate, as well as the packaging and the documents accompanying the product (see annex VI of Decree-Law no 192/2000 of 18 August).
• Identification of the notified bodieshttp://ec.europa.eu/enterprise/rtte/nb.htm contacted (usually a sequence of 4 digits), in the case of Annex III to V.
• Identification of the equipment class, whenever one of these identifiers has been assigned.  Under the terms of the notice of the Ministry of Social Equipment, published in Diário da República, series III of 31 August 2000, there are two classes:

  - Class 1 - radio equipment which can be placed in the market and into service without restrictions (no identifier assigned).

  - Class 2 - radio equipment whose placing in the market is subject to restrictions (to this class the "warning sign" identifier is assigned and should be placed on the product's packaging). e.g. where use is made of frequency ranges which are not harmonized throughout the European Union. 

  

Declaration of conformity

The declaration of conformity is issued by the manufacturer or by the entity responsible for assessing the conformity of the equipment; the declaration is a document in which the manufacturer declares that the apparatus complies with the terms of Directive 1999/5/EC (in addition to other applicable requisites), in particular the essential requirements.

The declaration of conformity must accompany the product, and be in Portuguese, carrying the date of its issue and the signature of the issuer:

"(name of manufacturer, representative or entity responsible for placing the apparatus in the market) declares that this apparatus complies with the terms of Directive 1999/5/EC of the European Parliament and Council of 9 March 1999, transposed into national legislation by Decree-Law no 192/2000 of 18 August."

In addition to this declaration of conformity, in the event that procedures III or IV are used, the manufacturer must issue a declaration, which should be included within the technical documentation, identifying which standards have been applied and which specific radio test suites have been determined by the notified body or bodies. 

This declaration shall be in accordance with the terms specified in EN 45 014.

Decree-Law no. 192/2000 of 18 August imposes the obligation on public telecommunications network operators (PTNO) to provide ANACOM with the technical specifications of their interfaces in an accurate and adequate manner.

• This publication will enable manufacturers to design and produce apparatus which is suitable for operation in their networks. 
• The communication of interfaces must be made before services are provided via these interfaces (in accordance with the terms of points 1 to 4 of article 30 of the cited Decree-Law). 
• The information procedures to be followed by PTNOs are available from ANACOM.

For this purpose, ANACOM can be contacted using the following address:

Inspection and Investigation Directorate
Alto do Paimão
2730 - 216 Barcarena
Fax: 21 434 85 02
Tel: 21 434 85 00
Email: redcem@anacom.pt

Publication of technical specifications of interfaces which operators have communicated:

BT PORTUGAL - Telecomunicações, Unipessoal, Lda.http://globalservices.bt.com/CampaignDetailAction.do?Record=Informacion_Legal_campaign_es_es

AR Telecom - Acessos e Redes de Telecomunicações, S.A.https://www.artelecom.pt/recursos/documentacao/

ONITELECOM - Infocomunicações, S.A.http://www.oni.pt/documentos.htm

SONAECOM, S.A.http://www.optimus.pt/filedownload.aspx?schema=ec68ba53-9e7e-4028-8d3ed7d20ce87e7d&channel=C363AC34-C42B-4D11-8FF6-70F04AA1279E&content_id=81F7E6DE-9493-4264-9307-0A6302941F9A&field=Ficheiro&lang=pt&ver=1

PT Comunicações, S.A.http://ptwholesale.telecom.pt/GSW/PT/Canais/ProdutosServicos/EspecificacoesTecnicas/EspecificacoesTecnicas.htm

REFER TELECOM - Serviços de Telecomunicações, S.A.http://www.refertelecom.pt/clientes

TMN - Telecomunicações Móveis Nacionais, S.A.http://www.tmn.pt/TMN%20Institucional/A%20Empresa/Especificacoes_Tecnicas/especificacoes_tecnicas.pdf

Vodafone Portugal - Comunicações Pessoais, S.A.http://www.vodafone.pt/main/A+Vodafone/PT/Tecnologia/

ZON TV Cabo Portugal, S.A.http://www.zon.pt/Clientes/DetalheClientes.aspx?detail=XzU4Y3

VSNL INTERNATIONAL  (PORTUGAL) - Instalação e Manutenção de Redes, Lda. (ex- TYCO NETWORKS PORTUGAL - Instalação e Manutenção de Redes, Unipessoal, Lda.) - “This operator no longer have information available on the Internet”

• Scope

This document contains the information procedures to be followed by public telecommunications network operators (PTNO) regarding the obligation to communicate the technical specifications of their interfaces to ANACOM, under the terms of paragraphs  1, 2, 3, 4 and 6 of article 30 of Decree-Law no. 192/2000 of 18 August.

• References

1) Notice of ICP-ANACOM of 18.08.2004, published in Diário da República no. 204 (Series III) on 30 Augusthttps://www.anacom.pt/render.jsp?contentId=228369.

2) Notice of ICP-ANACOM of 20.05.2003, published in Diário da República no. 128 (Series III) on 3 Junehttps://www.anacom.pt/render.jsp?contentId=109508.

3) Decree-Law no. 192/2000 of 18 Augusthttps://www.anacom.pt/render.jsp?contentId=17057.

4)  Directive 1999/5/EC of the European Parliament and Council of 9 March 1999  on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity.

5)  Directive 1998/10/EC of the European Parliament and of the Council of 26 February 1998  on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment.

6) Guidance on interface publication by public telecommunications network operatorshttp://ec.europa.eu/enterprise/sectors/rtte/documents/guides_en.htm#h2-3 (guide 2). This guidance was produced for the European Commission and endorsed by the Telecommunications Conformity Assessment and Market Surveillance Committee, a standing Committee assisting the commission in the management of Directive 1999/5/EC.

7) Guidance for public networks operators when publishing interfaces, and NRAs/member states when supervising such publication http://ec.europa.eu/enterprise/sectors/rtte/documents/guides_en.htm#h2-4(guide 3). The guidance was produced for the European Commission and endorsed by the Telecommunications Conformity and Market Surveillance Committee, a standing Committee assisting the Commission in the management of Directive 1999/5/EC (ETSIhttp://www.etsi.org/index.php).

8) ETSI TR 101 730 Publication of interface specification under Directive 1999/5/EC: Guidelines for describing analogue interfaces (ETSI).9) EG 201 212 Electrical Safety: Classification of interfaces for equipment to be connected to Telecommunication networks (CENELEChttps://www.cencenelec.eu/about-cenelec/).

10) ETSI TR 101 731, publication of interface specification under Directive 1999/5/EC: Guidelines for describing digital interfaces (ETSI).

11) ETSI TR 101 857, guidelines on description of cable network interfaces (ETSI).

12) EG 201 838, guidelines for describing radio access interfaces (ETSI).

13) ETSI TR 101 845, guidelines for description of RF interfaces (ETSI).

• Details of the publication of interfaces

The models annexed to this document contain/are a pro-forma example that may be used in the declaration of interface specifications.

These specifications must contain information on the interworking of terminal equipment with the public telecommunications network in terms of the establishment, modification, taxation, maintenance and liberation of real or virtual connections, and avoid the improper use of network resources. These specifications must also state all and any details regarding supplementary services or other functions provided by the network which are considered to be important for the design and the operation of terminal equipment. 

PTNO (fixed networks) may, if they so decide, provide additional information, for example regarding the definition of the interface, the services supplied via this interface, facilities provided to designers/users for the purposes of interoperability tests etc. 

When interface specifications are drawn up, the following points should be taken into consideration:

• Reference to standards or specifications: whenever possible interface specifications must refer to standards that have already been published, in the following order of priority:

1. Standards published in the Official Journal of the European Communities (OJEC of 26/07/2001, reference 2001/C208/04);

2. European Standards adopted by ETSIhttp://www.etsi.org/index.php or CENhttps://www.cen.eu/CENELEChttps://www.cencenelec.eu/about-cenelec/;

3. International standards or recommendations adopted by the International Telecommunication Union (ITUhttps://www.itu.int/en/Pages/default.aspx), International Organization for Standardization (ISOhttp://www.iso.org/iso/home.htm) or the International Electrotechnical Commission (IEChttp://www.iec.ch);

4. National standards or specifications. 

Note: This list does not exclude references to manufacturers' standards, provided that they have been adopted in the absence of a standard contained within any of the above categories.

- Options in the standards: When a standard contains options and these were considered in the specification of the interfaces, indication should be made of which options were implemented.

- Supplementary services: All supplementary services supplied by the network must be published, together with the codes used for their operation.

- Reference to other documents: PTNOs may partially or fully refer to other internal documents that form part of the definition of their interfaces. In this case, the operator must guarantee a level of accessibility to documents which are identical to the documents listed above.

• Publication

a) Format - PTNOs must guarantee that the details of this documentation supplies the minimum level of information indicated in the documents contained in the annexes:

 Annex I - Access interface to the public switched telephone network

 Annex II - Access interface to the digital network with integration of services

It is recommended that the documentation regarding the different interfaces be published in different documents. 

The technical characteristics of the interfaces defined in these documents must be clear, precise, unambiguous and easy to use.

b) Language and control of versions - These documents must be published in Portuguese and/or English and their versions must be controlled.

c) Availability of the publications - PTNOs must provide ANACOM with a point of contact (name, address, telephone,...) in order that the Regulator has access to all published publications. This point of contact should be kept updated. It is also desirable that a point of contact be established between operators and users in order to provide clarifications or correct possible errors in the publications. 

In order to minimise the costs and the complexity associated with the distribution of publications it is advisable that, whenever possible, operators provide publications online, indicating the respective internet address. 
Where this is not possible, the production and distribution costs of such publications shall be borne exclusively by the operators.

d) Alteration to publications - Alterations to the existing network interface specifications and  information on new existing specifications on the same subject must be communicated to ANACOM at least 60 days before services are provided to the general public using these interfaces.

• ANACOM contact details

ANACOM can be contacted about this matter using the following details:
Inspection and Investigation Directorate
Alto do Paimão
2730 - 216 Barcarena
Tel.: + 351 21 434 85 00
Fax: + 351 21 434 85 02
Email: redcem@anacom.pt

On 3 November 2010, ANACOM approved a draft update of the technical specifications of the radio interfaces referred to in paragraph 7 of article 30 of Decree-Law No 192/2000https://www.anacom.pt/render.jsp?contentId=977642, of 18 August, on the system of free movement, placing on the market and putting into service in the national territory of radio equipment and telecommunications terminal equipment, as well as the regime of their conformity assessment and marking.

In compliance with the provisions of Decree-Law No 58/2000 of 18 April these specifications, as a draft of the technical regulations were notified to the European Commission through the IPQ - Instituto Português da Qualidade (Portuguese Quality Institute), which entity is charged with undertaking the respective notification.

By determination of 1 July 2010, ANACOM approved the final text updating the technical specifications of the radio interfaces, taking into account the comments issued by the European Commission and the Federal Republic of Germany.

Consult:

 Serviço Amador  (PDF 415 Kb)

 Serviço de Radionavegação Aeronáutica (PDF 452 Kb)

 Serviço de Radionavegação Marítima (PDF 339 Kb)

 Serviço Fixo (PDF 615 Kb)

 Serviço Fixo por Satélite (SFS) (PDF 456 Kb)

 Serviço Móvel Aeronáutico (SMA) (PDF 328 Kb)

 Serviço Móvel Marítimo (SMM) (PDF 732 Kb)

 Serviço Móvel Terrestre por Satélite (SMTS) (PDF 505 Kb)

 Serviço Móvel Terrestre (SMT) (PDF 712 Kb)

 Serviço de Radiodifusão (PDF 517 Kb)

 Estações de Pequena Potência e Curto Alcance (SRDs) (PDF 786 Kb)