http://www.legislation.gov.uk/id/uksi/1992/2372/part/VI

http://www.legislation.gov.uk/uksi/1992/2372/part/VI/crossheading/united-kingdom-notified-bodies/made

The Electromagnetic Compatibility Regulations 1992

Electricity supply

King's Printer of Acts of Parliament

2016-09-15

ELECTROMAGNETIC COMPATIBILITY

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1949 (“the 1949 Act ”) (c.54; the power to make regulations under this section was never exercised, and the section is repealed) with regard to immunity to electromagnetic disturbance; andthe regulations made under section 10 of the 1949 Act listed in Schedule 1 (which are disapplied in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); andthe 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; andthe 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)); andfailure 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; ora fine not exceeding level 5 on the standard scale;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.

The Electromagnetic Compatibility Regulations 1992

reg.3(2) (defns of satellite earth station equipment and Satellite Earth Station Equipment Directive)

The Electromagnetic Compatibility (Amendment) Regulations 1994

reg.3(b)(iv)

The Electromagnetic Compatibility Regulations 1992

reg.3(7)

The Electromagnetic Compatibility (Amendment) Regulations 1994

reg.3(d)

The Electromagnetic Compatibility Regulations 1992

reg.1 l

reg.1 (b)(ii)

(aa)

The Electromagnetic Compatibility (Amendment) Regulations 1994

reg.7(c)(i)

The Electromagnetic Compatibility Regulations 1992

reg.77A

The Electromagnetic Compatibility (Amendment) Regulations 1994

reg.4(d)

The Electromagnetic Compatibility Regulations 1992

reg.22A

The Electromagnetic Compatibility (Amendment) Regulations 1995

reg.2(a)

The Electromagnetic Compatibility Regulations 1992

reg. 6(3)

The Merchant Shipping (Marine Equipment) Regulations 1999

Sch. 1

para. 7(b)

reg. 4

reg. 1

The Electromagnetic Compatibility Regulations 1992

Regulations

The Electromagnetic Compatibility Regulations 2005

reg. 2(1)(a)

reg. 102

103

reg. 1

The Electromagnetic Compatibility Regulations 1992

Regulations

The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

reg. 1(3)

reg. 1(1)

PART VITHE EC TYPE-EXAMINATION ROUTE TO COMPLIANCEFOR RADIOCOMMUNICATION TRANSMISSION APPARATUS

United Kingdom notified bodies

Bodies and scope of authority62

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 fees63

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 certificates64

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 functions65

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 certificates67

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 certificates68

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 applicant69

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—
1. 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
2. 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.