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        New rules for selling mobile phones
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1.    ccccccccssssccccceesecececsensecccseesecceseeaseccessseneceessuensecesseensecesssaaeecessuaneeeessaansees 5  10  Should I provide an explanation for the Categories A E           ccccccssssseccccsessecceceeeeececeeeeeeccsseueseceeseuneeessaaasees 5  11  Should the SAR value be displayed on the packaging              ccccccssssssccccessececceeseececeaeaeccceseueeeceeseseeessuaneees 6  12  Are foreign e commerce websites supposed to comply with the new rules              ccccccccsssseeeeceeeeeeeeeeeeees 6  M AUVES Oain r E E ecesausceaseseeet cena deesesvestcaueseadensseadesassuesecseetes 6  13  What does advertising entail fossarum a ia ania an iai eaaa 6  14  How about a promotional display made from mobile phone boxes in a store            esssssnsosseerssseerrsserrssse 7  15  May young children be confronted with adverts targeting older children or adults             ccccceeeceeeeeeeeeeee 7  16  What if a brochure contains advertising for various age groups  such as a mobile phone for teenagers  and toys for the smallest children  e g  a toy brochure for Christmas        seesesssesseeseesrrrreesrrrsesrrrreesrrrreerrrereereree 7  IV  Ban on selling mobile phones for children           ssesseseseesesescsesescesesoecesoccesoecesoscoesosoesoscesceoee 7  17  Which mobile phones for children are banned              cccccccssssecccccesecccceescccecaeeecessaeesecessueueecesseaaeeeessaaaeses 7    18  Which mobile phones for children may still be SOId          ce ecccccsssseccccees
2.   federale overheidsdienst    VOLKSGEZONDHEID   VEILIGHEID VAN DE VOEDSELKETEN  EN LEEFMILIEU    New rules for selling mobile phones    Practical guide for sellers and distributors       L MEOS UES onnan EE EEE E E E E E E E E 2  1  What are the exact implications Of the measures              sssssesssseserssseeresssrrensssseresssreressereresserersssreressseereeses 2  2  Why were these measures taken             cccccccccsssscccccsesscccccaeeecccsseeseceeseenseceesseeeecessaeeecesseensecessagacessageeeeees 2  3  What is the purpose of these measures           cccccccsssssccccseesececceeeeeceeseeeceecsaesececseseueceesseesecessauaseceesagaeeeesees 2  4  Who will control the implementation of these Royal Decrees and what kind of penalties are foreseen for  agree ecattncc sates ore a E S E 3  Il  SAR in the shop ANA in e commerce         ececcccscecccceccceccccecsceccccccecscescececsceccececsceccececsceseccecs 3  5 To which phones do these new rules apply               sssscccccssssecccceesecccccaesececseeeeceeeuauseceeseeaeeeessaeaeeeessuaneeeeees 3  6 What is SAR and as a salesman  where can I find the values  oo    eeccceccceeseeeccceceeeuccesceeeeeeeseeseeueseeesenes 3  7  There are several SAR values for the same phone  which Should   take                ccecccccsssseeeeeeeeseeeeeeeeeeeeees 4  8 How should the SAR value be displayed          seneesseesessreessssreresssrcressrecosssrerosssrerossseeressrecessererosssrerersseeeesereese 4  9 Which category for which SAR        
3.  mobile phone does the SAR value have to be  displayed  next to the A  B  C  D or E category and the caution on usage      Top    14  How about a promotional display made from mobile phone boxes in a store     The Royal Decree does not apply to the packaging of mobile phones  Even if the packaging is  used in the store to draw the attention of consumers  it does not have to display the SAR value   Placing the SAR value on the label next to the model on display     together with the technical  specifications     is enough     Top    15  May young children be confronted with adverts targeting older children or adults     The Royal Decree prohibits advertising specifically targeting young kids  Advertisements in an  age neutral or adult context do not fall within the scope of this Royal Decree     Top    16  What if a brochure contains advertising for various age groups  such as a mobile phone  for teenagers and toys for the smallest children  e g  a toy brochure for Christmas      The Royal Decree does not prohibit advertising aimed at older age groups  However  it is not  allowed to use such brochures for the promotion of mobile phones specifically in connection  with young children  for instance through a picture of a young child with a mobile phone     Top    Ban on selling mobile phones for children    A ban is imposed on mobile phones designed specifically for children under the age of 7     17  Which mobile phones for children are banned     The definition    mobile phone
4. bile phone model  e g  on the price label  in  the list of technical specifications  such as network  memory  etc     The SAR value is expressed in watts per kilogram  W kg   preceded by the abbreviation SAR   Values are displayed with one digit after the decimal point and rounded off as follows  0 45  becomes 0 5  0 44 becomes 0 4  A letter  A  B  C  D or E  is added next to the SAR value and  indicates the SAR classification  The font size should not be smaller than the largest font size  used for the other technical specifications of the product     Mobile phone    Brand X model Y  SAR   0 218 W kg    Brand A model C  SAR   0 562 W kg    Top    9  Which category for which SAR        Label  Brand X Model Y    Price  EUR XX  Talk time  10 hours  Camera  VGA  Bluetooth 3 0   SAR  0 2 W kg  A     Brand X Model Y    Price  EUR XX   Talk time  18 hours  Wi Fi   Camera  8 megapixels  SAR  0 6 W kg  B     Mobile phones with the lowest SAR values are in category A  those with the highest SAR values    are categorised as E       A SAR lt 0 4 W kg        B 0 4  lt  SAR  lt  0 8 W kg      C 0 8  lt  SAR  lt  1 2 W kg     D 1 2 lt SAR lt 1 6 W kg     E  1 6  lt  SAR  lt  2 W kg     Top    10  Should I provide an explanation for the categories A E     Yes  you have a legal obligation to provide a legible poster in a visible place containing an   explanation of the A  B  C  D and E SAR categories  together with the following notification    Think about your health     use your mobile pho
5. es specifically designed for young  children is prohibited for both Belgian and foreign companies     Top    Advertising    SAR in advertising   The SAR value must be displayed in advertising for mobile phones  together with the other  technical specifications  if provided   It is also mandatory to display the explanation about the A   B  C  D and E categories in relation to the SAR value  together with the health statement  one  single mention in the advertising leaflet or on the website     legible and visible      Ban on advertising for mobile phone use by young children   Ads promoting the use of mobile phones by young children under the age of 7 are prohibited   i e  any advertising in children s programmes on radio and television  on websites  in children s  magazines or any other print work  etc   aiming at this target group     13  What does advertising entail    According to the Law on Market Practices and Consumer Protection of 6 April 2010  advertising  is  any public statement by a company with the direct or indirect purpose of promoting the sale  of products  irrespective of the communication media used   Advertising is  for example     commercials on radio or television  posters on billboards  banners on internet pages   promotional films in cinema s  adverts in newspapers and magazines  on trams  buses  taxis   cars  etc     The Royal Decree does not apply to all advertising involving mobile phones  only if the advert  mentions the technical specifications of a
6. f these measures     The measures aim at allowing consumers to take the SAR value into account when choosing a  mobile phone  Said value  which in the scope of the EU conformity evaluation procedure  when  placing a product on the market  has to be measured for every mobile phone  is currently made  available on producers    websites and in their technical documentation  Making the value  available in the shop makes it easier for the consumer to take it into consideration when  deciding on the purchase of a mobile phone     Prohibiting advertising targeting young children and a ban on mobile phones designed for  young children is meant to reduce the offer as well as the demand for mobile phones in this  user category     Top    i Specific Absorption Rate     Royal Decree of 30 July 2013 concerning the prohibition of placing on the market any mobile phones specifically designed for  young children  Royal Decree of 30 July 2013 concerning the availability of consumer information about the Specific Absorption  Rate of mobile telephones and concerning the advertising for mobile telephones     4  Who will control the implementation of these Royal Decrees and what kind of penalties  are foreseen for offenders     The implementation of these decrees will be checked by the control officers of the Federal  Public Services  FPS  for both Health and Economy  In first instance  offenders will receive a  warning  Repeat offenders will be facing other measures  such as a fine  Procedures a
7. n it is called SAR     Spezifische  Absorptionsrate          SAR values are known to the manufacturers of mobile phones  After all  manufacturers are  obligated to measure the SAR value for each device prior to placing it on the market  to ensure  that it does not exceed the limit of 2 W kg      For the exact SAR value of any mobile phone you should first ask your supplier  They have a  legal obligation of providing information on SAR values to their customers     In addition  the SAR value of a device can be found  e inthe user manual of the device   e onthe website of the manufacturer   e onthe website of the Mobile Manufacturers Forum  www mmfai org     Top    7    There are several SAR values for the same phone  which should I take     You may find more than one SAR value for mobile phones that are manufactured outside the  European Union  e g  an American SAR value next to the European SAR value  These values  differ because they are measured in different ways     In some cases the information contains a value for the head as well as for the body     You should refer only to the European value for the head  this is the only value that must be  specified for selling and promotional purposes     SAR US 0 85 Wika  head  1 55 W kg  body   SAR EU 0 54 Wika  body     Products whose European SAR value is not known to the manufacturer may not be sold on the  European market     Top    8    How should the SAR value be displayed     The SAR value must be indicated next to every mo
8. nd fines  may vary depending on the violation  For instance  offenders who do not communicate the SAR  value may incur a fine between EUR 52 and EUR 120 000  This amount will be multiplied by a  surcharge amount  which in practice comes down to multiplication by 6      Top    SAR in the shop and in e commerce    The SAR value of mobile phones must be indicated at the point of sale  including distance sales   e g  via the Internet   A letter A  B  C  Dor E must be added to the SAR value as an indication of  the category to which it belongs  An explanation of the categories must be included also   together with the statement  Think about your health      as specified under question 10     Top    5  To which phones do these new rules apply     The new rules apply to GSM mobile phones and smartphones  They do not apply to portable  home phones  e g  DECT   walkie talkies  tablets or professional radio equipment     Top    6  What is SAR and as a salesman  where can   find the values     SAR  Specific Absorption Rate  is the radiation rate of mobile phones  more specifically  it is the  level of exposure of the user to the radio waves generated by a mobile phone  The SAR value  indicates the speed at which the energy of radio waves is absorbed by the human body  There  are different SAR values for the head and for the body     In Dutch the value is known by the abbreviation SAT  Specifiek AbsorptieTempo   the French  refer to it as DAS  D  bit d   Absorption Sp  cifique   in Germa
9. ne moderately  make your calls wearing  an earpiece and choose a set with a lower SAR value      The text reads as follows in Dutch  French and German  respectively     e  Denk aan uw gezondheid     gebruik uw mobiele telefoon met mate  bel met een oortje  en kies voor een toestel met een lagere SAT waarde  SAR waarde      e  Pensez a votre sant       utilisez votre t  l  phone portable avec mod  ration  privil  giez  l   usage d   une oreillette et choisissez un appareil ayant une valeur DAS  SAR  faible     e  Denken Sie an Ihre Gesundheit     Verwenden Sie Ihr Mobiltelefon in Mafsen  verwenden  Sie ein Headset und w  hlen Sie ein Ger  t mit niedrigem SAR Wert      Top    11  Should the SAR value be displayed on the packaging     No  the Royal Decree does not apply to the packaging of mobile phones     12  Are foreign e commerce websites supposed to comply with the new rules     According to the rules of the European Directive 2000 31 EC   E Commerce Directive      only  Belgian companies have an obligation to observe the mandatory display of the SAR value in  online sales of and online advertising for mobile telephones     Companies established in other European member states or Iceland  Liechtenstein and Norway   are not bound by the Belgian rules for displaying information about SAR values in online sales  of  and online advertising for mobile phones  not even if they specifically target Belgian  consumers     However  online sales in the Belgian territory of mobile phon
10. s for young children  encompasses any mobile phone that has  been made enticing for children under the age of 7  or that has been declared by the  manufacturer as specifically designed for this age group     It includes mobile phones that look like toys due to their playful design  simple operation and  minimum set of keys     Below are a few examples of mobile phones that are now banned        5    18  Which mobile phones for children may still be sold     The mobile phones shown below may still be sold  They are in fact normal mobile phones but  with a playful design  made for older children        The mobile phone for elderly people shown below does not have a playful design  but is  nevertheless easy to operate and could be used by young children  This mobile phone is also  suitable for other users who need a phone that is easy to operate  This mobile phone is not  specifically meant for young children and therefore may be placed on the market        Selling walkie talkies for children is allowed  they fall outside the scope of the Royal Decree     Top    Image sources  Samsung  Kidstel gsm tracker  Sitcon  KaKatech    
11. sececceeeseceeceeesecesseuaeceeeseeaeeeessaaneees 8    Measures    1  What are the exact implications of the measures     As from 1 March 2014  the radiation value  SAR value     of all types of mobile phones  GSM  mobile phone or smartphone  must be indicated by the seller     a  at the point of sale and for distance sales  through the internet   b  in advertising materials  if other technical specifications are included also     Manufacturers  importers and distributors offering mobile phones on the Belgian market will  have an obligation to communicate the SAR value to their buyers  so that the latter can display  it at the point of sale     Furthermore  a ban is imposed on selling mobile phones designed for children under the age of  7  as well as on advertising materials encouraging the use of mobile phones by this age group     These measures have been introduced in the form of two Royal Decrees     published on 30  August 2013     Top    2  Why were these measures taken     Certain studies indicate the possibility of an increased risk of brain cancer from intensive use of  mobile phones  For this reason  the International Agency for Research on Cancer  a World  Health Organisation agency  has classified electromagnetic fields produced by mobile phones as   possibly carcinogenic to humans   Pending the availability of more specific scientific  conclusions  the Belgian government has deemed it necessary to take precautionary measures     Top    3    What is the purpose o
    
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