The Telecommunications Terminal Equipment Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which impose requirements concerning the conformity of certain telecommunications terminal equipment (TTE) if such equipment is to be supplied, put into service or connected, and allowed to remain connected, to a public telecommunica-tions network (PTN), implement Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (the TTE Directive).

These Regulations disapply sections 22 and 84 of the Telecommunications Act 1984 (c. 12), and approvals given thereunder, insofar as TTE to which these Regulations apply is concerned (regulation 2).

TTE is terminal equipment intended to be connected to a PTN, either directly to the termination of a PTN or to interwork with a PTN being connected directly or indirectly to the termination of the PTN (regulation 4).

These Regulations provide that TTE is equipment to which its provisions apply (applicable TTE) if it is covered by a common technical Regulation, or regulations (CTR) other than TTE which is not intended for connection to the PTN in which case its provisions apply in modified form (regulation 4); a CTR is a measure adopted by the Commission in accordance with the TTE Directive, a reference of which has been published in the Official Journal of the European Communities, which will prescribe the technical specification applicable TTE is required to meet from a specified date (regulation 3(3)). Any TTE which is not covered by a CTR is outside the scope of these Regulations.

TTE using the radio frequency spectrum for communications, when covered by a CTR, is treated as applicable TTE whether it is intended to be connected to a PTN or not (regulation 4).

In addition, these Regulations do not apply to certain TTE approved before their coming into force under section 22 or 84 of the 1984 Act where such TTE satisfies a common type approval specification within the meaning of Article 2.14 of Council Directive 86/361/EEC (OJ L217, 5.8.86, p.21) (regulation 6).

Essential requirements for applicable TTE are set out in regulation 5.

Part II sets out the general requirements of the Regulations. Regulation 7 provides that applicable TTE may not be supplied, put into service or connected (and remain connected) to a PTN unless the requirements of regulation 8 are complied with, which are—

(a) the applicable TTE satisfies the essential requirements;

(b) the conformity assessment requirements have been complied with (regulation 9); and

(c) the connection marking requirements are complied with (regulation 10).

The conformity assessment requirements are satisfied by the manufacturer of applicable TTE choosing to follow one of two routes—

(a) the EC type-examination procedure, set out in Part III, which is satisfied when the manufacturer or his authorised representative has obtained an EC type-examination certificate from a notified body of one of the member States and the manufacturer has drawn up an EC declaration of conformity to type, after having carried out conformity to type or production quality assurance in respect of the equipment or his quality system (regulations 15 to 37); or

(b) the EC declaration of conformity procedure, set out in Part IV, which is satisfied when the manufacturer has drawn up an EC declaration of conformity, after having carried out full quality assurance in respect of his quality system (regulations 38 to 48).

Conformity to type procedure includes random product checks undertaken by a notified body of the manufacturer’s choice (regulation 26), production quality assurance procedure involves approval by a notified body of the manufacturer’s choice of his production quality assurance approved quality system (regulation 31) and includes surveillance of the system (regulation 34) and the EC declaration of conformity procedure involves approval by a notified body of the manufacturer’s choice of his full quality assurance approved quality system (regulation 43) and its surveillance (regulation 46).

Regulation 12 makes provision for TTE which is not intended for connection to a PTN.

Part V of these Regulations makes provision for the appointment and functions of notified bodies including the charging of fees and Part VI makes provision for the designation of test laboratories which may test and assess applicable TTE.

Part VII makes provision for enforcement of these Regulations. Regulation 61 provides for enforcement authorities. Regulations 62 to 67 make provision in respect of powers of enforcement authorities, including powers to make test purchases, to search, to seize and detain equipment and so forth. Regulation 68 and Schedule 7, respectively make provision for appeals against suspension and prohibition notices.

Regulations 70 to 75 provide that certain actions are to be offences—

(a) supplying, putting into service or connecting TTE in contravention of regulation 8 or regulation 12 (regulation 70);

(b) contravening a prohibition or suspension notice (regulation 71);

(c) giving false or misleading information (regulation 72);

(d) misusing the CE mark, the connection symbol or the non-connection symbol (regulation 73);

(e) obstructing officers of enforcement authorities, etc (regulation 74); and

(f) failing to retain documentation (regulation 75).

Regulation 80 provides that offences are punishable only on summary conviction as follows—

(a) for offences under regulations 71, 72 or 74(2)—

(i) imprisonment for a term not exceeding three months; or

(ii) to a fine not exceeding level 5 on the standard scale;

or both;

(b) for offences under regulation 70, 73, 74(1) or 75, a fine not exceeding level 5 on the standard scale.

Level 5 on the standard scale was raised to £5000 on 1st October 1992 for Great Britain, other than Northern Ireland where it remains £2000. These Regulations make provision for forfeiture of TTE in certain circumstances (regulations 82 and 83).

Part VIII makes provision in respect of certain miscellaneous and supplemental matters.