HungaryNMHH Decree 2/2017, section 3/A, radio equipment that must meet the accessibility requirements of Act XVII of 2022
2/2017. (I. 17.) NMHH rendelet, 3/A. §
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- If you place radio equipment belonging to the radio equipment classes that section 3/A covers on the market, make it meet the provisions of Act XVII of 2022 on products (NMHH Decree 2/2017, s. 3/A; Directive (EU) 2019/882, Art. 4(1)).
- Radio equipment that section 1(2) of the Decree excludes, such as amateur radio equipment that is not commercially available, marine equipment, certain aeronautical equipment, custom-built evaluation kits used only in research and development facilities, and equipment used in law enforcement, defence and national security activities, is outside the Decree (NMHH Decree 2/2017, s. 1(2)).
- If the European Commission determines a radio equipment class or category to which its requirement on access for people with disabilities applies, design radio equipment of that class to support features that make its use easier for persons with disabilities; none of the EU acts that Annex 6 to the Decree lists applies that requirement (NMHH Decree 2/2017, s. 3(3)(h) and Annex 6; Act C of 2003, s. 80(3)).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The National Media and Infocommunications Authority (NMHH), whose Office section 79(2) of the Eht. charges with supervising the rules on placing radio equipment on the market
What this law does
Section 3/A of NMHH Decree 2/2017 requires radio equipment belonging to certain radio equipment classes to meet the provisions of Act XVII of 2022. Section 3/A was inserted by section 6 of NMHH Decree 9/2022. Section 22(c) of the Decree serves compliance with Directive (EU) 2019/882. Article 4(1) of Directive (EU) 2019/882 requires the Member States to ensure that economic operators only place products on the market that comply with its accessibility requirements.
Section 80(3) of the Eht. lets the radio equipment classes and categories that the European Commission determines be placed on the market only if they meet the Commission's requirements, which include access for people with disabilities. Section 3(3) of the Decree applies further essential requirements to the radio equipment of classes that the EU acts listed in Annex 6 determine, in line with the table in Annex 6.
Point (h) of section 3(3) requires such radio equipment to support features that make its use easier for persons with disabilities. In Annex 6 the further essential requirement that each listed delegated act applies is point (g), or points (d), (e) and (f). Section 79(2) of the Eht. has the Authority's Office supervise compliance with the rules on placing radio equipment on the market, making it available and putting it into service.
Section 49(4)(b) of the Eht. caps the Authority's fine at five times the net purchase value for every piece of electronic communications equipment placed on the market or distributed irregularly.
Section 1(2) of NMHH Decree 2/2017 excludes from the decree amateur radio equipment that is not commercially available, marine equipment, certain aeronautical equipment, custom-built evaluation kits used only in research and development facilities, and radio equipment used in law enforcement, defence and national security activities. NMHH Decree 9/2022 applies from .
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