S.I. No. 14/2026 - European Union (Radio Equipment) Regulations 2026

• (b) to withdraw the radio equipment from the market in the State;

• (c) to recall the radio equipment from the market in the State;

• (d) to do or refrain from doing anything in order to comply with these Regulations and the Directive.

• (2) The economic operator shall, within the time specified in the direction, comply with a direction given to the operator under paragraph (1).

• (3) The market surveillance authority shall give notice to the European Commission and the other Member States of a direction given under paragraph (1) which shall include all available details, in particular—

• (a) the data necessary for the identification of the non-compliant radio equipment,

• (b) the origin and supply chain of the radio equipment,

• (c) the nature of the non-compliance alleged and the risk involved, and

• (d) the nature and duration of the national measures taken.

Formal Non-Compliance

39.

• (b) The findings referred to in paragraph (a) are:

• (i) the CE marking has been affixed in violation of—

• (I) Article 30 of Regulation (EC) No. 765/2008⁶ , or

• (II) Regulation 22;

• (ii) the CE marking has not been affixed;

• (iii) the identification number of the notified body, where the conformity assessment procedure set out in Annex IV of the Directive is applied, has been affixed in contravention of Regulation 22 or has not been affixed;

• (iv) the EU declaration of conformity has not been drawn up;

• (v) the EU declaration of conformity has not been drawn up correctly;

• (vi) the technical documentation is either not available or not complete;

• (vii) the information referred to in subparagraphs (d) and (f) of Regulation 13(2) or subparagraph (h) of Regulation 15(2) is absent, false or incomplete;

• (viii) the information, the EU declaration of conformity or usage restrictions as set out in subparagraphs (g), (h) and (i) of Regulation 13(2) does not accompany the radio equipment;

• (ix) an economic operator has not complied with Regulation 18;

• (x) the pictogram referred to in Regulation 5(2), or label referred to in Regulation 13(3), has not been drawn up correctly;

• (xi) the label referred to in Regulation 13(3) does not accompany the radio equipment concerned;

• (xii) the pictogram is not affixed or displayed in accordance with Regulation 5 or the label is not affixed or displayed in accordance with paragraph (2)(h)(vi), (3), (4), (5) or (6) of Regulation 13;

• (xiii) Regulation 5 has not been complied with;

• (xiv) Regulation 7 has not been complied with.

• (2) The economic operator shall, within the time specified in the direction, comply with a direction given to the operator under paragraph (1).

• (3) Where the relevant economic operator does not take adequate corrective action within the period specified in a direction given under paragraph (1) the market surveillance authority may, in respect of the non-compliance, take all appropriate measures to—

• (a) restrict or prohibit the radio equipment from being made available on the market,

• (b) withdraw the radio equipment from the market in the State, or

• (c) recall the radio equipment from the market in the State.

• (4) Where the market surveillance authority takes a measure specified in paragraph (3)—

• (a) the authority shall give notice to the economic operator informing the economic operator of the measure concerned, and

• (b) paragraph (7) of Regulation 35 shall apply to a notice under this paragraph as it applies to a direction under Regulation 35 subject to any other necessary modifications.

• (5) An economic operator shall comply with a measure taken under paragraph (3) and a notice under paragraph (4).

PART 7 ENFORCEMENT

General

40.

• (2) The market surveillance authority in the State may use any information, document, finding, statement or intelligence as evidence for the purpose of an investigation, irrespective of the format in which and medium on which it is stored.

Appointment of Authorised Officers

41.

• (2) An authorised officer shall be furnished with a certificate of his or her appointment and shall, when exercising a power conferred on him or her under the Directive, Regulation (EU) 2019/1020 or these Regulations, if requested by a person affected, produce to the person the certificate of appointment, or a copy of it, and a form of personal identification.

• (3) The market surveillance authority may terminate the appointment of an authorised officer appointed by the authority whether or not the appointment was for a fixed period.

• (4) An appointment of an authorised officer ceases-

• (a) if it is terminated under paragraph (3),

• (b) if it is for a fixed period, on the expiry of that period, or

• (c) if the person appointed is a member of staff of the market surveillance authority, upon the person ceasing to be such a member of staff.

• (5) Section 41 of the Act of 2002 shall apply to an authorised officer appointed under these Regulations and to any member of staff of the market surveillance authority.

• (6) An authorised officer appointed under these Regulations, may in the same certificate of appointment be appointed under the Act of 2002 and/or any other applicable legislation.

Powers of Authorised Officers

42.

• (a) subject to paragraph (3) or (4), enter at any time without warrant any premises, land or means of transport that the economic operator in question uses for purposes related to the economic operator’s trade, business, craft or profession, in order to identify non-compliance and obtain evidence;

• (b) make inquiries in respect of, search, examine or inspect, as appropriate-

• (i) any place, any part of any place, referred to in subparagraph (a),

• (ii) any activity, process, procedure, matter or thing at, or carried on at, a place referred to in subparagraph (a),

• (iii) any radio equipment or any record, books or documents relating to such radio equipment to ascertain whether the Directive, Regulation (EU) 2019/1020 or these Regulations have been or are being complied with and, for that purpose, take with him or her and use any equipment or materials he or she considers necessary.

• (c) secure for later inspection a place referred to in subparagraph (a) or part of that place, or radio equipment or records kept at that place and require that the place, part thereof, radio equipment or records or any other thing kept at that place as the authorised officer considers appropriate having regard to his or her functions is or are left undisturbed for so long as is reasonably necessary for the purpose of any search, examination, investigation, inspection or inquiry under the Directive, Regulation (EU) 2019/1020 or these Regulations;

• (d) require any person in charge of, employed at or other relevant person at a place referred to in subparagraph (a) to –

• (i) produce to the authorised officer any radio equipment or any partly completed radio equipment in the possession or under the control of the person;

• (ii) produce to the authorised officer any books, documents or records that are in the person’s power, possession, or control, and in the case of such information in a non-legible form to reproduce it in a permanent legible form, and

• (iii) to give the authorised officer such information as the officer may reasonably require in relation to any entries in such books, documents and records referred to in clause (ii);

• (e) inspect and take copies of or extracts from any such books, documents or records or any electronic information system at a place referred to in subparagraph (a), including in the case of information in non-legible form a copy of or extract from such information in a permanent legible form, or require that such a copy be provided;

• (f) require a person in charge of, employed at or other relevant person at a place referred to in subparagraph (a) by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the authorised officer access to the records on that computer and all reasonable assistance as the authorised officer may require in respect of accessing such records;

• (g) remove from a place referred to in subparagraph (a) and detain, any books, documents or records (including documents stored in a non-legible form) and any copies of such books, documents or records for such period as the authorised officer reasonably considers necessary for further examination or until the conclusion of any legal proceedings;

• (h) require that any books, documents or records at a place referred to in subparagraph (a) be maintained for such period as may be reasonable;

• (i) require a person in charge of, employed at or other relevant person at a place referred to in subparagraph (a) to give the authorised officer such information, assistance and facilities within the person’s power or control as the authorised officer may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under the Directive, Regulation (EU) 2019/1020 or these Regulations;

• (j) examine any person (whether such person is at a place referred to in subparagraph (a) or otherwise) whom the authorised officer reasonably believes to be able to give to the authorised officer information relevant to any search, examination, investigation, inspection or inquiry under Regulation (EU) 2019/1020 or these Regulations and require the person to answer such questions as the authorised officer may ask relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers;

• (k) require that any procedure be followed for the purposes of any search, examination, investigation, inspection or inquiry under Regulation (EU) 2019/1020 or these Regulations;

• (l) take any measurements or photographs or make any tape, electronic or other recordings that the authorised officer considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under Regulation (EU) 2019/1020 or these Regulations

• (m) where appropriate, install, use and maintain at a place referred to in subparagraph (a) monitoring instruments, systems and seals for the purposes of Regulation (EU) 2019/1020 and these Regulations;

• (n) to acquire samples of radio equipment, including under a cover identity, to inspect those samples and to reverse engineer them in order to identify non-compliance and to obtain evidence;

• (o) take possession of and detain any radio equipment or part thereof or any article or substance used in the manufacture of radio equipment kept at a place referred to in subparagraph (a) for so long as is necessary for all or any of the following purposes, namely:

• (i) to examine or arrange for the examination, testing or analysis of the radio equipment under subparagraph (s);

• (ii) to ensure that the radio equipment is not tampered with before the examination, testing or analysis of it is completed;

• (iii) to ensure that the radio equipment is available for use as evidence in any proceedings;

• (p) cause any radio equipment found at any place to be subjected, at the place it is found or any other location, to any testing, examination or analysis (but not so as to damage or destroy it unless this is necessary for the purposes of Regulation (EU) 2019/1020 or these Regulations) and where an authorised officer proposes to exercise the power conferred by this subparagraph and if so requested by the person in charge, cause anything that is to be done by virtue of this subparagraph to be done in the presence of the person in charge save that the person in charge is responsible for his or her own costs in attending at the exercise of any power under this subparagraph and cannot unreasonably delay the authorised officer in the exercise of those powers;

• (q) for the purposes of exercising a power under subparagraph (p)—

• (i) require the person in charge to supply to the authorised officer without charge any radio equipment or samples thereof, and

• (ii) where necessary, remove, or have removed, to another location any radio equipment or samples thereof;

• (r) before exercising the power conferred by subparagraph (o) or (p) in respect of any radio equipment, article or substance, an authorised officer shall, in so far as it is reasonably practicable to do so, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he or she proposes to do under that power;

• (s) require the person in charge of, employed at or other relevant person at a place referred to in subparagraph (a) to give the authorised officer such facilities and assistance within the person’s power, control or responsibilities as are reasonably necessary to enable the authorised officer to exercise any of the powers conferred on him or her by these Regulations;

• (t) require an economic operator to:

• (i) provide relevant documents, technical specifications, data or information on compliance and technical aspects of radio equipment, including providing access to embedded software in so far as such access is necessary for the purpose of assessing the compliance of any radio equipment with these Regulations, in any form or format and irrespective of the medium of storage or the place where such documents, technical specifications, data or information are stored, and take copies thereof;

• (ii) provide relevant information on the supply chain, on the details of the distribution network, on quantities of radio equipment on the market and on other radio equipment models that have the same technical characteristics as the radio equipment in question, where relevant for compliance with the applicable requirements in these Regulations or the Directive;

• (iii) provide relevant information required for the purpose of ascertaining the ownership of a website, where the information in question is related to the subject matter of the investigation.

• (iv) provide any other information that is relevant for compliance;

• (u) where no other effective means are available to eliminate a serious risk:

• (i) to require the removal of content referring to the relevant radio equipment from an online interface or to require the explicit display of a warning to end users when they access an online interface; or

• (ii) where a request according to point (i) has not been complied with, to require information society service providers to restrict access to the online interface, including by requesting a relevant third party to implement such measures.

• (2) Where radio equipment is found at a place referred to in paragraph (1)(p), and an inquiry is made by an authorised officer in the course of a search, examination, investigation or inspection as to the identity of the person who supplied the radio equipment, the person in charge shall give the authorised officer the name and address of the supplier from whom the radio equipment was purchased or otherwise obtained

• (3) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under Regulation 53 authorising such entry.

• (4) Where an authorised officer in the exercise of his or her powers under this Regulation is prevented from entering any place, an application may be made to the District Court under Regulation 53 for a warrant authorising such entry.

• (5) A statement or admission made by a person pursuant to a requirement under subparagraph (i) or (j) of paragraph (1) shall not be admissible in proceedings brought against that person for an offence (other than an offence under paragraph (4) of Regulation 55).

• (6) The market surveillance authority may recover from the relevant economic operator the totality of the costs of its activities with respect to instances of non-compliance, including those referred to in Article 15(2) of Regulation (EU) 2019/1020. Where any measure has been taken or notice given by the market surveillance authority under this Regulation or Regulation 36, 37, or 39, the costs of any removal, detention, seizure, destruction, rendering inoperable or disposal for the purposes of these Regulations may be charged to the economic operator, the manager of the place where the product was found or the private importer, where known.

• (7)
• (a) In this Regulation “place” means any structure, premises, land or other location or part thereof and includes any container, railway wagon, vessel, aircraft or other vehicle.

• (b) In this Regulation—

“person in charge” means, in relation to a place—

• (i) the person under whose direction and control the activities at that place are being conducted, or

• (ii) the person whom the authorised officer has reasonable grounds for believing is in control of that place.

• (c) In this Regulation—

“record” includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing.

Contravention Notice

43.

• (2) A contravention notice under paragraph (1) shall-

• (a) state that the market surveillance authority is of the opinion referred to in paragraph (1),

• (b) state the reason for the opinion referred to in paragraph (1),

• (c) identify the provision or provisions in respect of which the opinion is held,

• (d) direct that the person, where required, do one or more of the following:

• (i) remedy the contravention or the matters occasioning the contravention notice;

• (ii) refrain from placing on the market the radio equipment to which the notice relates;

• (iii) refrain from making available on the market that radio equipment;

• (iv) withdraw that radio equipment from the market;

• (v) recall that radio equipment;

• (vi) dispose of that radio equipment;

• (vii) destroy that radio equipment;

by a date specified in the contravention notice that shall not be earlier than the expiration of the period within which an appeal can be made under Regulation 44,

• (e) inform the person on whom the contravention notice has been served of the right to appeal the contravention notice under Regulation 44,

• (f) inform the person of the requirement to confirm compliance with the direction in accordance with paragraph (7),

• (g) state that if the person on whom the contravention notice has been served fails to comply with the notice within the time period specified in the notice, that person commits an offence,

• (h) be signed and dated by the market surveillance authority, and

• (i) be communicated to the relevant person without delay.

• (3) A contravention notice may include –

• (a) directions as to the measures to be taken to remedy any contravention or matter to which the contravention notice relates, or to otherwise comply with the notice,

• (b) directions to bring to the contravention notice to the attention of any person who may be affected by it or to the attention of the public generally, and

• (c) any other requirement as the market surveillance authority considers appropriate.

• (4) Subject to Regulation 44(5), the contravention notice shall take effect on the later of—

• (a) the expiration of the period for making an appeal to the District Court, or

• (b) the day specified in the contravention notice.

• (5) A person to whom a contravention notice has been given may appeal the notice under Regulation 44.

• (6) A person on whom a contravention notice has been served under paragraph (1) shall comply with the notice.

• (7) As soon as practicable after complying, and in any case not later than 7 days after the date specified in the contravention notice by which it is to be complied with, a person to whom a contravention notice has been given shall notify the market surveillance authority in writing that the contravention notice has been complied with.

• (8) Within one month of receiving a notification under paragraph (7), where the market surveillance authority is satisfied that the contravention notice has been complied with, the market surveillance authority shall give notice to the person of compliance with the contravention notice.

• (9) The market surveillance authority may, where it considers it appropriate to do so, by notice in writing to the person to whom a direction was given—

• (a) withdraw or amend a contravention notice at any time, or

• (b) where no appeal is made or pending under Regulation 44, extend the period specified under paragraph (2)(d) of this Regulation.

• (10) Subject to paragraph (11), in the case of radio equipment which the market surveillance authority does not consider to present a serious risk requiring rapid intervention under Article 19 of Regulation (EU) 2019/1020, the intended recipient of a contravention notice shall have the opportunity to make representations in writing to the market surveillance authority within 10 working days of first being advised of the market surveillance authority’s intention to serve a contravention notice on that person.

• (11) Where an opportunity to make representations referred to in paragraph (10) is not possible because of the urgency of the measure directed in the contravention notice as referred to in the said paragraph (10), as justified by health or safety requirements or other grounds relating to public interests, the market surveillance authority shall give the recipient of the notice the opportunity to make representations in writing to the market surveillance authority as soon as possible after the service of the notice on that person and the service of the notice shall be reviewed promptly thereafter.

Appeal against contravention notice

44.

• (2) A person who appeals under paragraph (1) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

• (3) Where a decision is made under paragraph (1), any person aggrieved may, within 14 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the contravention notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

• (4) A decision under paragraph (3) shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

• (5) Where an appeal is taken and the contravention notice is not withdrawn by the market surveillance authority, the notice shall take effect on the later of—

• (a) the day next following the day on which the contravention notice is confirmed or varied on final appeal,

• (b) the day next following the day on which the appeal is discontinued, or

• (c) the day specified in the contravention notice.

Order of High Court directing compliance with contravention notice

45.

• (2) The High Court may, upon an application under this Regulation, if satisfied that the person on whom the contravention notice is served has failed to comply with the notice, grant the order referred to in paragraph (1).

Radio Equipment presenting a serious risk

46.

• (2) The feasibility of obtaining higher levels of safety and the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk.

• (3) The market surveillance authority shall have discretion to assess whether a product presents a serious risk or whether a matter is urgent, on the basis of the information available to it at the date of such assessment and without prejudice to the generality of the foregoing, it is open to it to make such an assessment where due to formal non-compliance, there is insufficient information available to it to apply its normal risk assessment methodology in full. In making such an assessment the market surveillance authority may have regard to all information available to it from any source, including information relating to other products from the same manufacturer or products from other manufacturers incorporating the same or similar components or modules.

Prohibition notice – radio equipment presenting a serious risk

47.

• (2) For the avoidance of doubt, where any radio equipment does not have any marking (on its packaging or otherwise) or document required under the Directive, Regulation (EU) 2019/1020 or these Regulations, the market surveillance authority may form an opinion referred to in paragraph (1).

• (3) A prohibition notice may be served on any person the market surveillance authority has reasonable grounds for believing is in a position to take the measures specified in the notice.

• (4) A prohibition notice shall—

• (a) state that the market surveillance authority is of the opinion referred to in paragraph (1),

• (b) specify the exact grounds for the opinion,

• (c) where in the opinion of the market surveillance authority there is or is likely to be a contravention of any provision of the Directive, Regulation (EU) 2019/1020 or these Regulations, specify every such provision (including the particular paragraph and subparagraph of such provision as appropriate),

• (d) prohibit any activity of the person on whom the prohibition notice is served that results in the radio equipment referred to in paragraph (1) being placed on the market or made available on the market,

• (e) inform the person on whom the prohibition notice is served that he or she may appeal the notice to the District Court within 7 days in accordance with Regulation 48,

• (f) state that if the person on whom the prohibition notice is served fails to comply with the notice, that person commits an offence,

• (g) be signed and dated by the market surveillance authority,

• (h) be communicated to the relevant person without delay.

• (5) A prohibition notice may include -

• (a) directions as to the measures to be taken by the relevant person to stop the activity referred to in paragraph (4)(d), to remedy any contravention of the Directive, Regulation (EU) 2019/1020 or these Regulations or any matter to which the prohibition notice relates, or to otherwise comply with the notice, including directions to do one or more of the following regarding the radio equipment referred to in paragraph (1):

• (i) refrain from placing on the market the radio equipment;

• (ii) refrain from making available on the market the radio equipment;

• (iii) withdraw the radio equipment from the market;

• (iv) recall the radio equipment;

• (v) dispose of the radio equipment;

• (vi) destroy the radio equipment;

• (b) a requirement to bring the prohibition notice to the attention of any person who may be affected by it or to the attention of the public generally,

and

• (c) any other requirement that the market surveillance authority considers appropriate.

• (6) A person to whom a prohibition notice has been given may appeal the notice under Regulation 48.

• (7) Subject to Regulation 48(9), a prohibition notice shall take effect immediately at the time the notice is received by the person on whom it is served.

• (8) A person on whom a prohibition notice has been served under paragraph (1) shall comply with the notice.

• (9) A person to whom a prohibition notice has been served who is of the opinion that the notice has been complied with, shall notify the market surveillance authority in writing that the prohibition notice has been complied with.

• (10) Within one month of receiving a notification under paragraph (9), where the market surveillance authority is satisfied that the prohibition notice has been complied with, the market surveillance authority shall give notice to the person of compliance with the prohibition notice.

• (11) The market surveillance authority may at any time withdraw a prohibition notice if—

• (a) the market surveillance authority is satisfied that the radio equipment to which the prohibition notice relates no longer gives rise to a serious risk to health or safety of persons, or

• (b) the market surveillance authority is satisfied that the prohibition notice was issued in error or is incorrect in some material respect.

• (12) The market surveillance authority shall give the recipient of the prohibition notice the opportunity to make representations in writing to the market surveillance authority as soon as possible after the service of the notice on that person and the service of the notice shall be reviewed promptly thereafter.

Appeal against a prohibition notice

48.

• (2) A person who appeals under paragraph (1) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

• (3) Where a decision is made under paragraph (1), any person aggrieved may, within 7 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the contravention notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

• (4) A decision under paragraph (3) shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

• (5) Subject to paragraph (6), the bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice.

• (6) Where a person brings an appeal under this Regulation, the appellant may apply to the court determining the appeal (being the District Court, Circuit Court or High Court) to have the operation of the prohibition notice suspended until the determination or discontinuation of the appeal before that court and, on such application, the court may, if it thinks proper to do so, grant the application.

• (7) Where, on the hearing of an appeal under this Regulation, a prohibition notice is not cancelled, notwithstanding paragraph (6), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.

• (8) A person who applies for the suspension of the operation of a prohibition notice shall at the same time notify the market surveillance authority in the State of the application and the grounds for the application.

• (9) Where an appeal is brought under this Regulation and the court (being the District Court, Circuit Court or High Court) has granted a suspension on the operation of the prohibition notice, the prohibition notice shall take effect on the later of—

• (a) the day next following the day on which the notice is confirmed or varied on final appeal,

• (b) the day next following the day on which the appeal is discontinued, or

• (c) the day next following the expiration of the period of final suspension.

Order of High Court to direct compliance with prohibition notice

49.

• (2) The High Court may, upon an application under this Regulation, if satisfied that the person on whom the prohibition notice is served has failed to comply with the notice, grant the order referred to in paragraph (1).

Seizure notice — seizure and disposal of radio equipment presenting a serious risk

50.

• (2) The market surveillance authority may require the economic operator relating to the radio equipment referred to in paragraph (1), where known, to reimburse the cost or any portion of the cost of any measure taken under that paragraph.

• (3) Where the market surveillance authority has seized, or intends to seize, any radio equipment under paragraph (1) it shall serve a seizure notice on the economic operator relating to the radio equipment, which seizure notice shall—

• (a) state that the radio equipment has been or is intended to be seized and that it is intended to destroy or dispose of the radio equipment,

• (b) specify the exact grounds for the seizure and intended destruction or disposal of the radio equipment,

• (c) where in the opinion of the market surveillance authority there is or is likely to be a contravention of any provision of the Directive, Regulation (EU) 2019/1020 or these Regulations, specify every such provision relied upon (including the particular paragraph and subparagraph of such provision as appropriate),

• (d) inform the person on whom the seizure notice is served that he or she may appeal the notice to the District Court within 21 days in accordance with this Regulation,

and

• (e) be signed and dated by the market surveillance authority.

• (4) A person on whom a seizure notice is served may, within 21 days beginning on the day on which the seizure notice is served on him or her, appeal against the notice to the appropriate court (as defined in paragraph (17) and in determining the appeal, the court may, if it considers it appropriate to do so, confirm, vary or cancel the notice or make any other order as it considers appropriate.

• (5) An appeal under paragraph (4) shall state the grounds on which the appeal is made and shall be made by written notice, which notice shall be lodged with the office of the appropriate court.

• (6) A person who appeals under paragraph (4) shall at the same time furnish a copy of the notice referred to in paragraph (5) to the market surveillance authority and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

• (7) If, during the hearing of an appeal under paragraph (4) to the District Court, that court forms the opinion that the value of the radio equipment the subject of the appeal exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the radio equipment.

• (8) If, during the hearing of an appeal under paragraph (4) to the Circuit Court, that court forms the opinion that the value of the radio equipment the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the High Court.

• (9) Paragraphs (7) and (8) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an appeal under paragraph (4) in relation to which it was, at the time of the hearing of the appeal, the appropriate court.

• (10) Where a decision is made under paragraph (4), any person aggrieved may, within 21 days beginning on the day on which the decision was made, appeal the decision to the following court:

• (a) where the decision under paragraph (4) was made by the District Court, the Circuit Court;

• (b) where the decision under paragraph (4) was made by the Circuit Court, the High Court;

• (c) where the decision under paragraph (4) was made by the High Court, the Court of Appeal.

• (11) On hearing an appeal under paragraph (10), the court may, if it considers it appropriate to do so, confirm the decision of the appropriate court, vary it or allow the appeal.

• (12) A decision under paragraph (11) of the Circuit Court shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

• (13) A decision under paragraph (11) of the High Court shall be final, save that, by leave of the Court of Appeal, an appeal from the decision shall lie to the Court of Appeal on a specified question of law.

• (14) An appeal under paragraph (4) to the District Court shall be determined by a judge of the District Court for the District Court district in which the radio equipment the subject of the appeal was placed on the market or the appellant ordinarily resides.

• (15) An appeal under this Regulation (whether under paragraph (4) or (10)) to the Circuit Court shall be determined by a judge of the Circuit Court for the circuit in which the radio equipment the subject of the appeal was placed on the market or the appellant ordinarily resides.

• (16) Where an appeal is made under paragraph (4), the radio equipment the subject of the appeal shall not be destroyed or disposed of until at least the day following the determination or discontinuation of the final appeal.

• (17) In this Regulation “the appropriate court” means—

• (a) in case the estimated value of the radio equipment the subject of the appeal does not exceed €15,000 or such amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the District Court,

• (b) in case the estimated value of the radio equipment the subject of the appeal does not exceed €75,000 or such amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the Circuit Court, and

• (c) in any other case, the High Court.

• (18) In this Regulation “dispose” includes any manner of disposal which in the opinion of the market surveillance authority will least endanger the public and includes surrender of the radio equipment to a member of the Garda Síochána or to any other competent agency or organisation for its destruction, or the certified return of the radio equipment to the economic operator relating to the radio equipment, in order to remove them from the market, at the expense of the economic operator, manager, or person having lawful possession of the radio equipment at the time of seizure, where known.

• (19) The market surveillance authority shall give the recipient of a seizure notice an opportunity to make representations in writing as soon as possible after the service of the notice on that person and the service of the notice shall be reviewed promptly thereafter.

Forfeiture order

51.

• (2) An application under paragraph (1) shall be made to the appropriate court and the proceedings shall be served on the person against whom a forfeiture order is sought without delay.

• (3) Upon hearing an application under paragraph (1), the appropriate court may, if it considers it appropriate to do so, grant a forfeiture order.

• (4) The appropriate court may order that the person against whom a forfeiture order is granted pay the costs of seizure and destruction or disposal of the radio equipment the subject of the order.

• (5) A forfeiture order granted under paragraph (3) may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal.

• (6) If, during the hearing of an application under paragraph (1) to the District Court, that court forms the opinion that the value of the radio equipment the subject of the appeal exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the radio equipment.

• (7) If, during the hearing of an application under paragraph (1) to the Circuit Court, that court forms the opinion that the value of the radio equipment the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the High Court.

• (8) Paragraphs (6) and (7) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under paragraph (1) in relation to which it was, at the time of the hearing of the application, the appropriate court.

• (9) Where a decision is made under paragraph (3), any person aggrieved may, within 21 days beginning on the day the decision was made, appeal the decision to the following court:

• (a) where the decision under paragraph (3) was made by the District Court, the Circuit Court;

• (b) where the decision under paragraph (3) was made by the Circuit Court, the High Court;

• (c) where the decision under paragraph (3) was made by the High Court, the Court of Appeal.

• (10) On hearing an appeal under paragraph (9), the court may, if it considers it appropriate to do so, confirm the decision of the appropriate court, vary it or allow the appeal.

• (11) A decision under paragraph (10) of the Circuit Court shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

• (12) A decision under paragraph (10) of the High Court shall be final, save that, by leave of the Court of Appeal, an appeal from the decision shall lie to the Court of Appeal on a specified question of law.

• (13) An application under paragraph (1) to the District Court shall be determined by a judge of the District Court for the District Court district in which the radio equipment the subject of the order sought was placed on the market or the person against whom the order is sought ordinarily resides.

• (14) An application under paragraph (1) to the Circuit Court and any appeal under paragraph (9) to the Circuit Court shall be determined in the circuit in which the radio equipment the subject of the application under paragraph (1) was placed on the market or the person against whom the order was sought in an application under paragraph (1) ordinarily resides.

• (15) Where a forfeiture order is granted and there is no stay on the coming into force of the order, the radio equipment the subject of the forfeiture order may be seized on behalf of the market surveillance authority by an authorised officer and destroyed, disposed of or released as the market surveillance authority considers appropriate.

• (16) In this Regulation—

• (a) “appropriate court” has the meaning assigned to it under Regulation 50(17); and

• (b) “dispose” has the meaning assigned to it under Regulation 50(18).

Information notice

52.

• (2) An information notice shall—

• (a) state the exact grounds on which the requirement for information is based and shall inform the person on whom the information notice is served that he or she may appeal the notice to the District Court within 7 days in accordance with this Regulation,

• (b) state that if the person on whom the information notice is served fails to comply with the notice, that person commits an offence, and

• (c) be signed and dated by the market surveillance authority.

• (3) The period specified in the information notice referred to in paragraph (1) may be extended at the discretion of the market surveillance authority on the written application of the person on whom the notice is served or at the volition of the authority issuing the notice.

• (4) A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the District Court district in which the notice was served and in determining the appeal the judge may, if he or she considers it appropriate to do so, confirm, vary or cancel the notice.

• (5) A person who appeals under paragraph (4) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

• (6) Where a decision is made under paragraph (4), any person aggrieved by that decision may, within 7 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the information notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

• (7) A decision under paragraph (6) shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

• (8) Where, upon the hearing of an appeal under this Regulation (whether under paragraph (4), (6) or (7)), an information notice is not cancelled by the court, the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the information notice for such period as in the circumstances of the case the judge considers appropriate.

• (9) Subject to paragraph (10), a person on whom an information notice is served shall comply with the notice before the later of—

• (a) the expiration of the period to comply specified in the information notice, or

• (b) where the period referred to in subparagraph (a) is extended under paragraph (3), the expiration of that extended period.

• (10) Where an appeal is brought under this Regulation, the person on whom the information notice is served shall comply with the notice before—

• (a) the day next following the day on which the information notice is confirmed or varied on final appeal,

• (b) the day next following the day on which the appeal is discontinued,

• (c) the expiration of the period to comply specified in the information notice,

or

• (d) where the operation of the information notice has been suspended, the expiration of the period of final suspension, whichever occurs latest.

• (11) Subject to paragraph (12), in the case of radio equipment which the market surveillance authority does not consider to present a serious risk requiring rapid intervention under Article 19 of Regulation (EU) 2019/1020, the intended recipient of an information notice shall have the opportunity to make representations in writing to the market surveillance authority within 10 working days of first being advised of the market surveillance authority’s intention to serve an information notice on that person.

• (12) Where an opportunity to make representations referred to in paragraph (11) is not possible because of the urgency of requirement to obtain the information, as justified by health or safety requirements or other grounds relating to public interests, the market surveillance authority shall give the recipient of the information notice the opportunity to be heard as soon as possible after the service of the notice on that person and the service of the notice shall be reviewed promptly thereafter.

Search Warrant

53.

• (2) Where, on the hearing of an application under paragraph (4) of Regulation 42 or paragraph (1), a judge of the District Court is satisfied on sworn information of the authorised officer that he or she—

• (a) has been prevented from entering any place that is not a private dwelling,

• (b) has reasonable grounds for believing that relevant records are kept at a place that comprises of, or forms part of, a private dwelling, or

• (c) has reasonable grounds for suspecting that evidence of, or relating to the commission of an offence under these Regulations is to be found in any place,

that judge may issue to the authorised officer a warrant under this Regulation authorising one or more than one authorised officer accompanied, if the judge considers it appropriate to so provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of issue of the warrant, to enter, if necessary by force, the place or private dwelling and exercise any of the powers referred to in Regulation 42.

• (3) An application under paragraph (1) in the case of a place shall be made to the judge of the District Court in whose District Court district the place is situated.

• (4) In this Regulation “place” has the meaning assigned to it by Regulation 42(7)(a).

PART 8 MISCELLANEOUS

Giving of Direction, Notice or Other Document

54.

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

• (d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to him or her in that;

• (e) if the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice relates to a premises, by delivering to the premises or by affixing it in a conspicuous position on or near the premises.

• (f) if all of the methods set out at subparagraphs (a) to (e) are either not possible in the circumstances or have proved insufficient to effect service of the notice or document on the relevant person, by electronic means only.

• (2) Where a direction, notice or other document is to be given, under these regulations, to a person who is the owner or occupier of land or property and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

• (3) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

• (4) Where an opinion, finding, statement or decision of the competent authority or market surveillance authority is contained in a document which—

• (a) purports to have been made by or at the direction of the competent authority or market surveillance authority, as the case may be, and

• (b) is produced in evidence by an officer of the competent authority or market surveillance authority, as the case may be, or by an authorised officer in any proceedings, such document shall be admissible in evidence and shall be evidence of any such opinion, finding, statement or decision in such proceedings without further proof.

Offences

55.

• (a) paragraph (3) or (4) of Regulation 4;

• (b) Regulation 5, 6 or 7;

• (c) paragraph (2) or subparagraphs (a), (b) or (c) of paragraph (3) of Regulation 8;

• (d) Regulation 12(1), 12(2) or 12(3);

• (e) Regulation 13;

• (f) paragraph (2) of Regulation 14;

• (g) Regulation 15, 16, 18, 20, or 21;

• (h) paragraph (1), (3), (4), (9) or (10) of Regulation 22;

• (i) paragraph (2) or (5) of Regulation 23;

• (j) paragraph (6) of Regulation 27;

• (k) paragraph (3) of Regulation 29;

• (l) paragraph (1), (5), (6) or (7) of Regulation 30;

• (m) Regulation 32;

• (n) paragraph (3) or (9) of Regulation 35;

• (o) paragraph (4) of Regulation 36;

• (p) paragraph (2) of Regulation 38; or

• (q) paragraph (2) or (5) of Regulation 39.

• (2) A person who, in relation to CE marking, other marking or any document required for the purposes of the Directive, Regulation (EU) 2019/1020 or these Regulations does one or more of the following commits an offence:

• (a) forges or counterfeits any such document;

• (b) gives or signs a document knowing it to be false in any material particular or makes a marking knowing it to be false in any material particular;

• (c) knowingly uses a marking or document that is forged or counterfeited, or that is false in any material particular;

• (d) knowingly uses as applying to any person or to any radio equipment a marking or document which does not so apply;

• (e) knowingly connives at any such forging, counterfeiting, giving, signing, or using referred to in subparagraphs (a) to (d);

• (f) knowingly makes a false entry in any such document that is so required to be kept, served or sent;

• (g) knowingly uses any false entry referred to in subparagraph (f);

• (h) knowingly and without lawful authority has in his or her possession one or more of the following:

• (i) a forged marking;

• (ii) a forged document;

• (iii) an altered marking;

• (iv) an altered document.

• (3) A person who—

• (a) fails to comply with a contravention notice served under Regulation 43 within the period specified in the notice,

• (b) fails to comply with a prohibition notice served under Regulation 47 within the period specified in the notice,

• (c) fails to comply with any term of a forfeiture order granted under Regulation 51 that requires his or her compliance, or

• (d) fails to comply with an information notice served under Regulation 52 within the period specified in the notice,

commits an offence.

• (4) Any person who obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by these Regulations or by a warrant under Regulation 53 or who impedes or prevents the exercise by the authorised officer or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, an authorised officer or such a member pursuant to a power conferred by these Regulations, or in purported compliance with such request or requirement or answer to such question asked, gives information to the authorised officer or member that he or she knows to be false or misleading in any material respect, commits an offence.

• (5) A person who falsely represents himself or herself to be an authorised officer commits an offence.

• (6) In this Regulation “record” has the meaning assigned to it by Regulation 42 (7) (c).

Prosecution of offences

56.

• (2) If a person is convicted of an offence under these Regulations the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecutor the costs and expenses, measured by the court, reasonably incurred by the prosecutor in relation to the investigation, detection and prosecution of the offence, including costs incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers.

Offences by bodies corporate

57.

• (2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Penalties

58.

• (a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 6 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.

Review and Reporting

59.

• (2) The reports prepared and submitted in accordance with paragraph (1) shall contain a presentation of the market surveillance activities performed by the market surveillance authority and provide information on whether and to what extent compliance with the requirements of the Directive has been attained, including in particular requirements on identification of economic operators.

Application of the Wireless Telegraphy Act, 1926

60.

• (2) Nothing in the Wireless Telegraphy Acts, 1926 to 1988, shall operate to restrict or prevent any person from working or using an apparatus for wireless telegraphy, which is lawfully in their possession, or which is otherwise in compliance with the licensing requirements of those Acts for its intended purpose where it complies with the provisions of the Directive, save where such restriction or prevention is related to the effective and appropriate use of the radio frequency spectrum, avoidance of harmful interference or matters relating to public health.

Revocation

61.

• (a) The Regulations of 2017;

• (b) The European Union (Radio Equipment) (Amendment) Regulations 2024.

Transitional Provisions and Continuation of Regulations of 2001 and 2017

62.

• (2) The Regulations of 2001 continue to apply to Radio Equipment placed on the market prior to 13 June 2016.

• (3) Notwithstanding the generality of Regulation 4 (3) and 4 (4) a person may make available on the market or put into service radio equipment which is in conformity with the relevant national and EU harmonisation legislation that was in effect when it was placed on the market and to that end, notwithstanding their revocation, the Regulations of 2017 and the Regulations of 2001 shall continue to apply to such products.

Act of 2002

63.

• (2) The functions of the Commission for Communications Regulation under these Regulations shall be deemed to be included in the functions conferred on the Commission for Communications Regulation under the Act of 2002.

GIVEN under my Official Seal,

20 January, 2026.

PATRICK O’DONOVAN,

Minister for Culture, Communications, and Sport.

Footnotes