The Hungarian Media and Infocommunications Authority recently issued Decree No. 2/2017 (I. 17) on radio equipment (the “New Regulation”) which was needed to comply with EU harmonisation requirements under Directive 2014/53/EU on the harmonisation of the laws of the Member States related to the sale of radio equipment and the repeal of Directive 1999/5/EC. The scope of the New Regulation primarily covers electrical and electronic products used for radio communication (“Products”).
The most important changes introduced by the New Regulation are:
- New obligations for manufacturers of the Products, such as: an obligation to investigate consumer complaints about their Products; an obligation to indicate all required information on the packaging of their Products; and in the case of non-compliance with the New Regulation, an obligation to voluntarily take the necessary corrective measures to remedy noncompliance.
- The opportunity of the use of an “authorized representative” whom manufacturers may entrust with fulfilling some of their obligations arising from the New Regulation.
- A multi-stage sanction regime for noncompliance with the New Regulation. In the event of noncompliance, the market surveillance authority should contact the manufacturer first and establish a reasonable time limit for the infringer to take the necessary corrective measures or to withdraw or recall the affected Products from the market. The authority is only entitled to prohibit or restrict the marketing of the affected Product or to withdraw or recall it if the manufacturer did not remedy the noncompliance within the deadline. If the market surveillance authority applies one of the abovementioned sanctions, it must inform the European Commission and the other EU Member States so that they have the chance to object to the sanctions. In the event of an objection from the European Commission or a Member State, the sanction of the market surveillance authority shall be withdrawn. The market surveillance authority may also impose fines, pursuant to the general market surveillance regulations, of HUF 15,000 to 500 million (approx. EUR 50 to EUR 1,670,000).