Information on the designation of conformity assessment bodies for radio equipment

The requirements for the designation and functioning of conformity assessment bodies are set out in the following legislation:

• Act CXXXIII of 2009 on the Activities of Conformity Assessment Bodies
• Government Decree 315/2009 (XII.28.) on the Designation of Conformity Assessment Bodies and Detailed Rules for the Activities of Designated Bodies
• NMHH Decree 3/2017 (III.7.) on the Designation of Conformity Assessment Bodies for Radio Equipment and the Detailed Rules for Their Activities

The professional aspects of conformity assessment activities are defined in Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (hereinafter referred to as ‘RED’) and the NMHH Decree 2/2017 (I.17.) on Radio Equipment and the so-called ‘modules’ defined in the Annexes thereto.

Any conformity assessment body that complies with the obligations and requirements set out in the aforementioned legislation may submit an application for designation to the authority.

The Authority reminds applicants that it performs both administrative and on-the-spot checks to verify compliance with the aforementioned legislation.

In order to be designated, a conformity assessment body must comply with the requirements of independence, have the technical resources and policies necessary to perform its activities, and employ professionals with the appropriate professional qualifications and experience as provided for in the aforementioned legislation. In addition, the body must actively monitor both national and EU standardisation efforts within the field of conformity assessment specified in the application for designation and ensure knowledge and application of recommendations and standards issued.

The body must also actively participate in the work of the coordination group of EU notified bodies (Radio Equipment Directive Compliance Association (REDCA)) and apply its guidelines in its activities.

Conformity assessment bodies can demonstrate compliance with the above requirements in two ways:

• If they have a valid accreditation in the field of conformity assessment, by submitting the accreditation certificate and its annexes
• If they are not accredited, by submitting the documents specified in the legislation listed above.

As the conformity of radio equipment is subject to Union harmonisation legislation, the authority notifies designated conformity assessment bodies to the European Commission which, in turn, notifies Member States of the designation. If neither the Commission nor the Member States make comments during the comment period following notification, the conformity assessment body will become a notified body at European level. Each notified body is assigned an identification number by the Commission, which must then be affixed to the conformity assessment documents it issues.

The Authority keeps a register of designated conformity assessment bodies, including the name, seat, description of the activity, number of the designation document, territorial competence (if limited), start and duration of designation and European identification number of each designated conformity assessment body. An up-to-date list of the names, seats and activities of conformity assessment bodies are available on the authority’s website.

The Commission also keeps a register of notified bodies at European level.

The Authority carries out an annual review of the activities of the certification bodies it has designated, taking into account the report submitted by the designated body, and if it finds any deviation from the scope of the designation, it requires the body to take corrective action. If the body fails to comply within the prescribed time limit, its designation may be suspended or withdrawn. The authority informs the European Commission of the suspension or withdrawal of designation.

A description of the detailed rules of review as well as the register are available through the links below.

Related legislation:

• Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC
• Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93
• Act CXXXIII of 2009 on the Activities of Conformity Assessment Bodies
• Act LXXVI of 2009 on the General Rules for the Taking-Up and Pursuit of Service Activities
• Government Decree 315/2009 (XII.28.) on the Designation of Conformity Assessment Bodies and the Detailed Rules for the Activities of Designated Bodies
• NMHH Decree 3/2017 (III.7.) on the Designation of Conformity Assessment Bodies for Radio Equipment and Detailed Rules for Their Activities
• Government Decree 452/2016 (XII.19.) on the Designating Authority Authorising Conformity Assessment Activities in Relation to Radio Equipment
• NMHH Decree 2/2017 (I.17.) on Radio Equipment