Inspection procedure

The ANFR is one of the radio equipment and telecommunications terminal market monitoring authorities in the same way as the Electronic communication and postal regulation authority (ARCEP), the Directorate general for competition, consumers and the repression of fraud (DGCCRF) and the Customs and indirect tax department (DGDDI). In the field, the market monitoring activity is mainly carried out by the ANFR.

ANFR agents are empowered by ministerial order, have been sworn in by the courts of first instance and have police powers to check radio equipment and telecommunications terminals sold / or stocked for the purpose of sale. Find out more about the regulatory framework.

A supervised regulatory procedure. The ANFR carries out spot checks in points of sale or professional premises in order to check that the equipment on sale is compliant.  Refusing such a check is an offence subject to criminal sanctions. The territorially competent public prosecutor is systematically informed in advance of inspection operations carried out by the Agency in an establishment.  The ANFR agents must show their authorisation card.

Administrative conformity and technical conformity Besides checking for the presence of the compulsory markings and regulatory information intended to inform consumers that must feature on each device (administrative requirements), the ANFR can also take several samples of an item of equipment (usually three) and place them under seal in order to have their technical conformity checked by an approved laboratory. When samples are taken, a copy of the sample-taking report is given to the ANFR contact and, unless this is impossible, they keep a sealed copy of each sampled device.

The inspection results. In cases of non-compliance with the administrative and/or technical requirements, the ANFR agents can issue an offence report and forward it to the competent public prosecutor with a view to criminal proceedings.

In all cases, the ANFR sends a letter to the inspected person to inform them of the results of the inspection and, when applicable, requesting the necessary measures be taken to make the product compliant. In this situation, the product cannot be re-marketed until it has been regularised or made compliant. When the device is compliant, the ANFR returns it to the distributor from which it was taken.

It is compulsory to apply certain markings, provide certain information and documents on or with the device.

These markings must be legible, visible and indelibly placed on the product, packaging and supporting documentation (except for the batch or serial number which must only feature on the product). They feature the following information:

•  the equipment model;
•  the batch or serial number;
• the identity of the person in charge of marketing;
•   the CE marking and, when applicable, the warning symbol (!) and/or the identification number of the notified body that was consulted.

Furthermore, each device must be delivered with the following documents in French:

•  a copy of its declaration of conformity (or of its simplified version subject to mentioning where the complete version can be obtained, possibly in another language);
• information about the use for which the device is designed;
• information on the conditions for use (network it is intended to be connected to, geographical zones or European states in which it can be used, existence and type of special conditions to which its use is subject, etc.);
•   the statement of the Specific Absorption Rate (SAR) for the head and the usual precautions for the use of the device considering the exposure to electromagnetic fields, when the device is a radio terminal (GMS/UMTS mobile phone, for example). 

They are the following:

•  health and safety;
• electromagnetic compatibility;
• correct use of the radio spectrum, i.e. the operation of the device in the frequency bands defined for it by the regulations.

The distributor must have identified the manufacturer, their agent established in the European Community, the importer or the person who supplied them with the product with a view to assisting the monitoring authority in its work to obtain the declaration of conformity and the technical documentation for the product.

Putting non-compliant equipment on the market is an offence (misdemeanour).
In cases of device non-conformity, the cost of the checks is charged to the offender.