rapportering non-compliant radio equipment under the RED DA and EN 18031: responsibilities, required dokumentation and procedural steps at the BNetzA.
Market surveillance responsibilities
The BNetzA (Federal Network Agency) is responsible nationwide for overvågning the Radio Equipment Directive 2014/53/EU (implemented in the Funkanlagengesetz - FuAG) and the Electromagnetic Compatibility Directive 2014/30/EU (implemented in the EMVG). Depending on the business location of the responsible economic operators, other EU market surveillance authorities may, however, be primarily competent.
Tip: The ICSMS portal of the European Commission helps identify the competent market surveillance authorities: https://webgate.ec.europa.eu/single-market-overholdelse-space/market-surveillance
rapportering channels to the BNetzA
Suspected cases of non-compliant radio produkter can be reported to the Federal Network Agency by several routes:
- E-mail (recommended): Marktueberwachung@BNetzA.DE
- Alternative: 411.Postfach@BNetzA.de
Required information for a report
An effective report should be as concrete and detailed as possible. The BNetzA recommends the following information:
Product identification
- Specific product designation for unambiguous identification
- Model number, serial number (if available)
- Manufacturer and importer data
Alleged non-conformity
- Precise information about the suspected non-conformity
- Reference to specific sections of the Radio Equipment Directive or EU regulations
- Justification of the complaint with reference to the Funkanlagengesetz
Date of placing on the market
The exact date when the manufacturer or EU importer placed the product on the market is particularly important. This is decisive because new krav of the Radio Equipment Directive must apply only from the time of placing on the market.
Important note: Radio equipment placed on the market before 1 August 2025 still remains subject to the previous krav and may be lawfully made available and used - provided it is not placed on the market again.
Evidence and dokumentation
Relevant evidence of placing on the market and of the alleged non-conformity significantly facilitates the BNetzA's and other authorities' vurdering of the report.
Who can submit reports?
In principle, any natural or legal person can submit reports about non-compliant radio produkter. This includes:
- Consumers
- Companies
- Associations
- Competitors
- test laboratories
Independently of such proactive reports, responsible economic operators remain subject to statutory rapportering obligations in special cases.
Procedure after the report
Further procedural steps depend on the case and are at the discretion of the market surveillance authority. Important aspects:
No automatic publication
The BNetzA does not inform the public about every non-compliant product, since responsible economic operators are initially requested to carry out corrective actions.
Public information only in exceptional cases
The public is informed only in "ultima ratio" cases of non-compliant radio enheder, for example in the event of:
- Planned market-restricting measures by the BNetzA
- Measures by European market surveillance authorities under Directives 2014/53/EU or 2014/30/EU
No disclosure to third parties
The BNetzA does not provide information on procedural status to third parties (non-product-responsible persons).
Conclusion
With the already applicable RED DA 2022/30 and the new EN 18031 standard since August 2025, market surveillance of radio equipment has become even more important. The rapportering procedure gives all market participants the opportunity to actively contribute to product safety. Precise details on product identification, the suspected non-conformity and the date of placing on the market are decisive for a successful report.
The BNetzA acts as the enforcement authority within the scope of its administrative practice - a final legal vurdering, however, remains the responsibility of the courts.