When OFCOM suspects that a trader is selling equipment which is not in conformity, it goes to the location to carry out a check on the equipment which is being placed on the market. During this inspection, samples of the telecommunications equipment which is being checked are taken away to allow their conformity to be checked. While it is on the spot, OFCOM may forbid the sale of inspected equipment if they are flagrantly not in conformity.
The equipment is then brought to OFCOM, which carries out a formal check (user information, features, declaration of conformity and notification) and a technical inspection. In the event of a dispute, tests may be carried out by external laboratories.
If the equipment is found not to be in conformity, a decision is taken against the person responsible for placing it on the market, most often the importer rather than the checked trader. This decision is accompanied by a measure which is proportional to the seriousness of the non-conformity. The measures which are taken range from correcting the defects found from the next batch onward to a ban on the marketing of the equipment or recalling products from users. The person responsible for placing the equipment on the market is for the first time also issued a warning. The equipment taken away during the site visit is either returned or confiscated from its owner, depending on the seriousness of the non-conformity. In case of a second offence a fine is issued.
In the case of major potential interference and placing on the market of jammers, a penalty in the form of a fine is imposed as part of a decision. In principle, the equipment is confiscated.
Last modification 29.03.2018
