Technical standardisation

Standardisation must be a process driven primarily by market players. However, there may be situations where compliance with certain standards should be encouraged or even made mandatory in order to enhance the freedom of choice of users, ensure the proper functioning of equipment and the interoperability of services in a competitive market environment.

Article 79 of Law 11/2022, of June 28, General of Telecommunications, states that the Ministry for Digital Transformation and Public Service (MTDFP), when provided for by the applicable regulations, will approve the technical specifications of telecommunications equipment or apparatus, collecting the essential requirements that are applicable.

In accordance with the provisions of article 83 of Law 11/2022, of June 28, General of Telecommunications, the Secretary of State for Telecommunications and Digital Infrastructures are responsible, among others, for the exercise of the inspection functions in the field of telecommunications, the inspection and control of telecommunications networks and services and the conditions for their provision and operation, the obligations of operators, in particular, those established for the protection of the rights of end users of electronic communications, telecommunications equipment and apparatus and facilities. Also, the functions relating to the assessment of the conformity of telecommunications equipment and apparatus, including powers as a market surveillance authority and as a notifying authority, to technical standardisation, as well as the inspection and control of telecommunications equipment and apparatus placed on the market and verification of compliance with the conformity assessment. . These functions of market surveillance and conformity assessment extend, from 1 August 2025, to compliance with the essential requirements of cybersecurity established in Commission Delegated Regulation (EU) 2022/30 of 29 October 2021, which complements Directive 2014/53/EU as regards the protection of the network, personal data and the privacy of users, and against fraud, for radio equipment that can be connected to the Internet.

Article 7 of Royal Decree 188/2016, of 6 May, approving the Regulation establishing the requirements for the marketing, commissioning and use of radio equipment, and regulating the procedure for the conformity assessment, market surveillance and sanctioning regime of telecommunication equipment, indicates that the Secretary of State for Telecommunications and Digital Infrastructures will publish in the “Official State Gazette”, by resolution, the interfaces of radio equipment that can be used in Spain.

This Royal Decree transposes into Spanish law 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 marketing of radio equipment. The Regulation approved by this Royal Decree has been modified by Royal Decree 442/2024, of 30 April, which transposes Directive (EU) 2022/2380 and Delegated Regulation (EU) 2023/1717, on the receptacle and the common charging protocol (single charger) for certain categories of radio equipment.

An important part of Technical Standardisation activities at European level is focused on the development of regulations for technical specifications for telecommunications and the monitoring of similar activities in the other countries of the European Union. At national level, Member States are subject to the provisions of Directive 2015/1535/EU, which establishes a procedure for the provision of information in the field of technical standards and regulations and of rules relating to information society services.

• Royal Decree 188/2016, of May 6 (BOE 10/05/2016) approving the Regulation laying down the requirements for the placing on the market, putting into service and use of radio equipment, and regulating the procedure for the assessment of conformity, market surveillance and the sanctioning regime for telecommunications equipment.
• Royal Decree 442/2024, of 30 April (BOE 01/05/2024) amending the Regulations approved by Royal Decree 188/2016, of 6 May.
• Directive 2015/1535 EU of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services (Text with EEA relevance).