1.

Notifying Member: Belgium

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible: Belgian Institute for Postal Services and Telecommunications

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

3.

Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): ELECTRONICS (ICS 31), TELECOMMUNICATIONS. AUDIO AND VIDEO ENGINEERING (ICS 33), INFORMATION TECHNOLOGY. OFFICE MACHINES (ICS 35)

5.

Title, number of pages and language(s) of the notified document: Royal Decree for the secured rollout of 5G (21 page(s), in French; 21 page(s), in Dutch)

6.

Description of content: This draft Royal Decree provides a framework for taking the necessary security measures for the provision of mobile 5G services. It establishes restrictions on the use of the network elements or services of certain manufacturers. Such restrictions were deemed necessary as alternative measures that could be imposed were not sufficient to adequately mitigate the security risks in question. The draft also stipulates the composition of the dossier that must be submitted in order to obtain ministerial authorisation. The draft also specifies the hypotheses in which authorisation is necessary in the case of updating software or hardware relating to a network element.

This draft Royal Decree implements Article 105 of the Act of 13 June 2005 on electronic communications as it will be replaced by the Act introducing additional security measures for the provision of mobile 5G services (the draft of this Act will be notified at the same time). It establishes the necessary details to implement in practice the system of prior authorisation introduced by the Act.

7.

Objective and rationale, including the nature of urgent problems where applicable: National security requirements; Prevention of deceptive practices and consumer protection; Protection of human health or safety

8.

Relevant documents:

The Act of June 13, 2005 on electronic communications and the draft law introducing additional security measures for the provision of 5G mobile services

+ TRIS notification 2021/207/B (Directive EU 2015/1535)

9.

Proposed date of adoption: 1 February 2022; 4 months after the adoption of the law on 5G introducing additional security measures for the provision of 5G mobile services

Proposed date of entry into force: 10 days after publication in the Belgian Official Gazette

10.

Final date for comments: 60 days from notification

11.

Texts available from: National enquiry point [X] or address, telephone and fax numbers and email and website addresses, if available, of other body:

Qualité et Sécurité
SPF Economie, PME, Classes moyennes et Energie
NG III - 2ème étage
Bd du Roi Albert II, 16
Brussels
B-1000
+(32 2) 277 53 36
+(32 2) 208 36 55 (Fax)
belspoc@economie.fgov.be