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The Electromagnetic Compatibility Regulations 1992

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United Kingdom notified bodies

Bodies and scope of authority

62.  The following shall be United Kingdom notified bodies in relation to the descriptions (“authorised descriptions ”) of radiocommunication transmission apparatus referred to in relation thereto in Schedule 6 hereto:—

(a)the Secretary of State acting through the Defence Research Agency of the Ministry of Defence (“the DRA ”);

(b)the Civil Aviation Authority (“the CAA ”);

(c)the British Approvals Board for Telecommunications (“BABT ”); and

(d)the Secretary of State acting through the Radiocommunications Agency of the Department of Trade and Industry (“the RA ”).

Power of CAA and BABT to charge fees

63.—(1) Without prejudice to the power of the DRA or the RA to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2) below, the CAA and BABT may charge applicants for EC type-examination certificates such fees as they may determine.

(2) The power in paragraph (1) above includes power to require the payment of fees or a reasonable estimate thereof with the application.

(3) The CAA and BABT shall publish from time to time the scale of fees charged by it, or such information about the basis of calculation thereof as the Secretary of State may direct.

Applications for EC type-examination certificates

64.—(1) It shall be the function of a United Kingdom notified body to determine applications made to it in writing for the issue of EC type-examination certificates from the manufacturer or his authorised representative in respect of authorised descriptions of radiocommunication transmission apparatus.

(2) Subject to regulation 65, a United Kingdom notified body shall, following receipt of an application in respect of an authorised description of apparatus—

(a)examine the apparatus and the design thereof;

(b)subject the apparatus or cause it to be subjected to such tests as the body considers appropriate to determine whether or not the apparatus conforms with the protection requirements in all the circumstances (having regard, without prejudice to the generality of the foregoing, to the actual or usual electromagnetic environment in which the apparatus is to be used), and, where there is a relevant transposed harmonized standard or a recognised national standard and the body considers it appropriate to apply that standard, such tests as may be provided for thereby.

(3) Following examination and testing pursuant to paragraph (2) above, the United Kingdom notified body shall determine whether or not the apparatus to which the application relates conforms with the protection requirements.

(4) Where in the opinion of the United Kingdom notified body the apparatus to which an application relates conforms with the protection requirements, it shall issue an EC type-examination certificate in respect thereof.

(5) Subject to regulation 69 below, where in the opinion of the United Kingdom notified body the apparatus to which the application relates does not conform with the protection requirements, it shall refuse to issue the EC type-examination certificate, giving written reasons for the refusal.

(6) For the avoidance of doubt, it is hereby declared that an EC type-examination certificate may relate to—

(a)a single item of apparatus;

(b)where a number of items are to be produced, a specimen representative of the production envisaged (a “representative ”); or

(c)a number of items or representatives of each such item or representative being variants of the same basic design.

Limitations on duty to exercise functions

65.—(1) Nothing in these Regulations shall require a United Kingdom notified body to determine a relevant application—

(a)which is not in English or another language acceptable to that body; or

(b)where the applicant has not—

(i)granted the body access to the radiocomunication transmission apparatus to which the application relates or the production facilities for the apparatus (including where applicable, the production envisaged in relation to a representative) to the extent that the body reasonably requests; and

(ii)made available to the body such information as it may reasonably require to determine the application.

(2) Nothing in these Regulations shall require a United Kingdom notified body to—

(a)determine a relevant application; or

(b)having determined the application, to inform the applicant of the result thereof or, in the case of a successful application, to issue the EC type-examination certificate, unless—

(i)where the body is the CAA or BABT, the applicant has paid the fees charged thereby pursuant to regulation 63 above;

(ii)where the body is the DRA or the RA, the applicant has paid any fees chargeable in accordance with regulations made under section 56 of the Finance Act 1973.

Contractors etc.

66.—(1) Subject to paragraphs (2) and (3) below, a United Kingdom notified body may, in exercising its functions—

(a)arrange for some other person to carry out any test, assessment or inspection on its behalf; or

(b)require the applicant to satisfy another person with respect to any matter at the applicant’s expense.

(2) Nothing in paragraph (1) above authorises a United Kingdom notified body to rely on the opinion of another person with regard to whether any radiocommunication transmission apparatus conforms with the protection requirements.

(3) Nothing in these Regulations shall preclude a person referred to in paragraph (1)(a) or (b) above from charging any fee in respect of any work undertaken by him in pursuance of those sub-paragraphs.

Conditions of EC type-examination certificates

67.—(1) Subject to regulation 69 below and paragraphs (2) and (3) of this regulation, an EC type-examination certificate issued by a United Kingdom notified body may be unconditional or subject to such conditions, which must be complied with if the certificate is to apply, as the body considers appropriate.

(2) Without prejudice to the generality of paragraph (1) above, such conditions may include—

(a)a limitation on the electromagnetic environment for which the apparatus may be stated to be suitable; or

(b)a limitation that the apparatus is only to be installed at a specific site.

(3) The conditions imposed pursuant to paragraph (1) above may be varied by the United Kingdom notified body which issued the EC type-examination certificate, and a variation under this paragraph may include the imposition of new conditions or the withdrawal of conditions.

Withdrawal of EC type-examination certificates

68.—(1) Subject to regulation 69 below and paragraph (2) of this regulation, the United Kingdom notified body which issued an EC type-examination certificate shall withdraw that certificate if it appears that the apparatus to which it relates does not conform with the protection requirements.

(2) A withdrawal of an EC type-examination certificate shall be by notice in writing stating the reasons for the withdrawal.

Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant

69.  Before making an unfavourable decision in respect of an applicant, that is to say—

(a)refusing to grant an EC type-examination certificate pursuant to regulation 64(5) above;

(b)the imposition of a condition of an EC type-examination certificate or the making of a restrictive variation of a condition thereof pursuant to regulation 67 above in circumstances where the applicant has not indicated in writing that the apparatus concerned is suitable for use subject to that condition;

(c)the withdrawal of an EC type-examination certificate pursuant to regulation 68 above,

  • the United Kingdom notified body shall—

    (i)

    give notice in writing to the applicant, or holder of the EC type-examination certificate concerned, as the case may be (“the person concerned ”), of the reasons why it proposes to make the unfavourable decision; and

    (ii)

    give the person concerned the opportunity of making representations within a period of 28 days of the notice being given as to why that body should make a favourable decision, and consider any representations which are made by that person within that period.

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