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Jammers
Jammers – appearing to bidders with various names: GSM/3G/4G jamming devices, GSM/3G/4G jammers, mobile phone jammers, GPS jammers etc. - are declared within the European Union as devices which are non-compliant with some existing provisions in the common harmonised legislation.
Jammers might produce the emergence of a large number of areas where (i) it is no longer possible to provide the coverage with mobile phone services, at the same time decreasing the quality of these services, and (ii) access to the emergency services becomes impossible, finally resulting in the non-fulfilment by the mobile networks operators of their legal obligations, according to the spectrum usage licenses, as regards guaranteed coverage.
The use of such devices is therefore legally prohibited in all Member States of the European Union, including Romania! Because jammers cause harmful interferences to the authorised radiocommunications, i.e. they disturb and prevent the normal operation of the communications using radio frequencies, such devices are considered as not complying with the provisions of Directive 2014/53/EU on radio equipment, transposed into the Romanian legislation by Government Decision no. 740/2016.
In Romania are prohibited the manufacture, importation, possession, advertising, placing on the market, making available on the market, putting into service and/or use of radio equipment or devices designed to cause harmful interference (jammers). Thus, manufacture, possession, importation, advertising, placing on the market, making available on the market and/or use of jammers are considered a contravention in accordance with art. 51 paragraph (1) point 40 and is sanctioned according to art. 51 paragraph (2) point 21 and art. 53 paragraph (1) of the Government Decision no. 740/2016.
It has been found that jammers are usually easily available on the European market via websites, Internet trading platforms and conventional sources of retail sales. As a result, it is relatively easy to obtain this type of product, which originates predominantly in the Far East. Distribution techniques are so arranged as to avoid the intervention of the authorities, leading to a simplified shipment and, most often, identities and websites in question are false or misleading.
It has been found that jammers are usually easily available on the European market via websites, Internet trading platforms and conventional sources of retail sales. As a result, it is relatively easy to obtain this type of product, which originates predominantly in the Far East. Distribution techniques are so arranged as to avoid the intervention of the authorities, leading to a simplified shipment and, most often, identities and websites in question are false or misleading.
The proliferation of this type of equipment takes place at a high pace for all EU member states and justifies a consolidated cross-border approach.
In view of the above, the most practical approach for European Union coordination of market surveillance is the enforcement of the conformity on common bases, mainly by increasing existing levels of cooperation within the administrative cooperation groups of market surveillance authorities (ADCO-RED).
Therefore, where such products are placed on the EU market, Member States' market surveillance authorities have, under the provisions of Directive 2014/53/EU, the obligation to provide relevant economic operator sanction of withdrawal and/or recall these products from the market.
ANCOM is ready to act in line with the common approach on jammers (jamming devices) agreed by market surveillance authorities in the EU Member States.
Pursuant to the Sector Market Surveillance Programme, as well as based on information regarding the use of such jamming devices, ANCOM conducts control actions in this regard.
