Article 39 §1 of the Act of 13 June 2005 on electronic communications requires every holder of radio communication apparatus (radio equipment) to have a written licence delivered by the Institute.
This licence entitles him to hold (and to use) the above-mentioned apparatus. Provided that he observes the terms and conditions included in his licence.
No licence is required to hold and use the equipment listed in Annex 2 of the royal decree of 18 December 2009 on ao private radio communications. The equipment categories mentioned are exempted from a licence.
For traders in radio communication equipment (manufacturers, importers, sellers and letters), the legislator has provided for an alternative system to allow the holding of various apparatus without an individual licence. They can obtain a general holder’s licence for all equipment stocked or displayed by them in the same workshop, depot, warehouse or other location (Article 46 §1 of this royal decree).
The list and the data of the shops with a general holder’s licence can be consulted HERE.
The requirement to have a general holder’s licence only has to be met for holding equipment that is not exempted form a written licence, thus for trading of equipment which is not listed in Annex 2 of the royal decree (Royal gazette of December 30 2009 page 82392 till 82395).
You will find here an explanatory document in .doc and .pdf format with excerpts of the legislation on the trade in radio equipment (only available in Dutch and French).
General holder’s licences are granted by BIPT at simple request of the person involved.
You will find a form to ask for a general holder’s licence here in .doc and .pdf format (only available in Dutch and French).
A annual fee is due for this kind of licence. This fee amounts to (1,2695 x 10) euro (basis 2007) and is yearly indexed.
Monthly statement of sales (lettings, donations, …)
Article 42 § 1 of the Act of 13 June 2005 on electronic communications lays down that it is forbidden to sell, let, loan or donate private radio communication transmitters and/or transceivers to any person who has not obtained a licence (individual or general holder’s licence) for holding such equipment.
According to Article 49 of the royal decree of 18 December 2009 on oa private radio communications, any person who sells, lets, loans or donates a radio communication apparatus, has to make a declaration to the Institute.
Each month traders send their statement of sales (lettings, donations, …) to the Institute within the first ten days of the following month.
The form to be used is prescribed in the Annex 3 of the royal decree and can also be found here
The Section Equipment monitors the application of these provisions. In case of non observation a report of the offence will be drawn up.
Version 2009.12