(This note is not part of the Regulations)
These Regulations, which impose requirements concerning the electromagnetic compatibility (EMC) of most types of electrical and electronic apparatus which must be complied with if such apparatus is to be supplied or taken into service, implement Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility as amended by Council Directives 91/263/EEC and 92/31/EEC (the EMC Directive).
These Regulations replace (regulation 2)—
section 12A of the Wireless Telegraphy Act 1949 (“the 1949 Act ”) (c.54; the power to make regulations under this section was never exercised, and the section is repealed) with regard to immunity to electromagnetic disturbance; and
the regulations made under section 10 of the 1949 Act listed in Schedule 1 (which are disapplied in relation to apparatus to which these Regulations apply) to the extent that they impose electromagnetic compatibility requirements (excluding radio frequency planning requirements or the implementation of Community obligations) which must be complied with if apparatus to which these regulations apply is to be supplied or taken into service.
The meaning of electromagnetic disturbance is set out in regulation 4 and Schedule 2. Protection requirements for both immunity and emissions are set out in regulation 5.
Part II provides for the application of the Regulations, and apparatus to which they apply is referred to as relevant apparatus (regulation 6). They apply to all electrical and electronic appliances, and equipment and installations containing electrical or electronic components or both (regulation 7), other than apparatus excepted by regulations 10 to 27. The Regulations apply with certain modifications to educational electronic equipment (regulation 8) and test apparatus (regulation 9). The specific nature and intended function of an item of electrical apparatus will determine whether that apparatus comes within the scope, or is outside the scope, of these Regulations.
The Regulations do not apply to any item of apparatus supplied or taken into service in the EEC before 28th October 1992 (regulation 10), and any item of apparatus supplied or taken into service in the EEC on or before 31st December 1995 is not required to comply with the Regulations if it complies with the requirements in force in the appropriate member State at 30th June 1992 (regulation 11). The relevant requirements in the United Kingdom are the regulations made under section 10 of the 1949 Act listed in Schedule 1. Regulations 21 to 27 provide for complete or partial exclusions for certain types of apparatus specifically covered by other Directives.
Part III sets out the general requirements of the Regulations. Regulation 28 provides that relevant apparatus may not be supplied unless the requirements of regulation 30 are complied with, which are—
the relevant apparatus complies with the protection requirements;
the conformity assessment requirements have been complied with (regulation 31);
the CE mark (the form of which is shown in Schedule 4) has been properly affixed by the manufacturer or his authorised representative (regulation 33); and
the manufacturer or his authorised representative has issued an EC declaration of conformity (regulation 34).
Regulation 29 provides that relevant apparatus may not be taken into service unless it conforms with the protection requirements. (The protection requirements are found in regulation 5).
Regulation 35 requires that the responsible person must retain the EC declaration of conformity and, where applicable, the technical construction file or EC type-examination certificate, for ten years following the date on which the latest item of apparatus to which those documents apply is supplied. The responsible person may be required to produce such documentation (regulation 35 and 81).
The conformity assessment requirements are satisfied by one of three routes—
the standards route to compliance, set out in Part IV, which is satisfied where the manufacturer has applied standards in respect of the electromagnetic characteristics of the apparatus (regulation 37). Where the manufacturer or his authorised representative is in the United Kingdom he issues the EC declaration of conformity in accordance with regulation 40;
the technical construction file route to compliance, set out in Part V. This is used where the manufacturer has not applied standards in respect of some or all of the EMC characteristics of the apparatus, either due to choice or because there is no appropriate standard. The manufacturer or his authorised representative must compose a technical construction file covering the electromagnetic characteristics in respect of which standards have not been applied and stating the standards which have been applied, which must contain a technical report or technical certificate issued by a competent body appointed by one of the member States. Regulations 46 to 55 and 58 and Schedule 5 make provision in respect of the appointment and functions of United Kingdom competent bodies, and related matters. Where this route is used and the manufacturer or his authorised representative is in the United Kingdom, the EC declaration of conformity is issued in accordance with regulation 57; and
the EC type-examination route to compliance for radiocommunication transmission apparatus, set out in Part VI. The manufacturer or his authorised representative must obtain an EC type-examination certificate from a notified body appointed by one of the member States (regulation 60). Regulations 62 to 68 make provision in respect of the bodies which are United Kingdom notified bodies (these are the Defence Research Agency of the Ministry of Defence for maritime apparatus, the Civil Aviation Authority for aeronautical apparatus, the British Approvals Board for Telecommunications for apparatus covered by the Telecommunications Terminal Equipment Directive (91/263/EEC) and the Radiocommuications Agency of the Department of Trade and Industry for other descriptions of apparatus—the descriptions of apparatus for which each body is authorised to act are set out in Schedule 6), and their functions and related matters. Where this route is used and the manufacturer or his authorised representative is in the United Kingdom, he issues the EC declaration of conformity in accordance with regulation 70. Certain apparatus is specifically excepted from the requirement to obtain an EC type-examination certificate.
Standards will prescribe the technical specifications that relevant apparatus is required to meet in respect of its EMC characteristics (regulation 37).
The standards and technical construction file routes to compliance are applicable (regulations 36 and 41) for all descriptions of relevant apparatus (including radio receivers) except radiocommunication transmission apparatus (that is, transmitters and transceivers), for which the EC type examination route is the only route (regulation 59).
The Regulations make provision for the charging of fees (which may include a reasonable profit) by United Kingdom competent bodies (other than government departments) (regulation 49) and the Civil Aviation Authority and the British Approvals Board for Telecommuncations in their capacities as United Kingdom notified bodies (regulation 63). Where a United Kingdom competent or notified body is a government department, provision is made for its fees in regulations made under section 56 of the Finance Act 1973 (c. 51).
Part VII makes provision for the enforcement of the Regulations. Regulation 73 provides for enforcement authorities. Generally the weights and measures authorities (the Department of Economic Development in Northern Ireland) have the duty to enforce the Regulations, and the Secretary of State may also enforce them (regulation 73(1) and (2)), save in respect of certain specialised descriptions of apparatus. The Civil Aviation Authority is the enforcement authority for aeronautical apparatus, and the Director General of Electricity Supply (the Director General of Electricity Supply for Northern Ireland, in Northern Ireland) is authorised in respect of electricity meters other than those which operate by radiocommunications (regulation 73). Regulations 74 to 81 make provision in respect of the powers of enforcement authorities, these include powers tomake test purchases, to search, to seize and detain apparatus and so forth. Regulation 81 makes provision for appeals against detention of apparatus and so forth. Schedule 7 makes provision in respect of appeals against prohibition notices served under regulation 78 and regulation 80 makes provision in respect of appeals against suspension notices.
Enforcement authorities, in exercisingtheir functions under these Regulations, may exercise those functions in relation to electrical apparatus which is in the possession of a consumer for the purpose of ascertaining whether any relevant apparatus does not conform to the requirements of these Regulations.
Regulations 82 to 87 provide that certain actions are to be offences—
supplying or taking into service apparatus in contravention of regulation 28 or 29 (regulation 82);
contravening a prohibition or suspension notice (regulation 83);
giving false or misleading information (regulation 84);
misusing the CE mark or improperly issuing an EC declaration of conformity (regulation 85);
obstructing officers of enforcement authorities, failing to assist such officers when required to do so or to comply with a requirement made by such officers under Part VII, and failure to comply with a court order under regulation 92 (requiring a matter to be remedied) (regulation 86(1));
falsely pretending to be an officer of an enforcement authority (regulation 86(2)); and
failure to retain the EC declaration of conformity, EC type-examination certificate or technical construction file in accordance with regulation 35 (regulation 87).
In Scotland proceedings are brought by the procurator-fiscal or Lord Advocate.
Regulation 92 provides that these offences are punishable on summary conviction as follows—
for offences under regulations 83, 84, and 86(2)—
imprisonment for a term not exceeding three months; or
a fine not exceeding level 5 on the standard scale;
or both;
for offences under regulations 82, 85, 86(1) and 87, a fine not exceeding level 5 on the standard scale.
Level 5 of the standard scale was raised to £5,000 on 1st October 1992 in Great Britain (it remains at £2000 in Northern Ireland). The court may order relevant apparatus which does not comply with these Regulations, and other electrical apparatus in certain circumstances, to be forfeited (regulations 94 or 95). Forfeiture may be ordered on the application of an enforcement authority, or on conviction of an offence under the Regulations (in addition to the penalties referred to above).
Part VIII makes provision in respect of certain miscellaneous and supplemental matters.