The Telecommunications Terminal Equipment Regulations 1992

PART II GENERAL REQUIREMENTS

General duty for applicable terminal equipment

7.  No person shall—

(a) supply;

(b) connect, or permit to remain connected, to a public telecommunications network, or

(c) put into service;

applicable terminal equipment unless the requirements of regulation 8 below are complied with.

Requirements for supply, putting into service and connection of applicable terminal equipment to a public telecommunications network

8.  The requirements of this regulation are that—

(a) the applicable terminal equipment satisfies the essential requirements;

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

(c) the connection marking requirements are complied with.

Conformity assessment requirements

9.  The conformity assessment requirements are that, according to the choice of the manufacturer or his authorised representative the requirements of either—

(a) Part III (in these Regulations referred to as “the EC type-examination procedure”); or

(b) Part IV (in these Regulations referred to as “the EC declaration of conformity procedure”),

are complied with.

Connection marking requirements

10.—(1) The connection marking requirements are that there shall be affixed to applicable terminal equipment—

(a) the following marks in the following order—

(i) the CE mark;

(ii) the notified body symbol; and

(iii) the connection symbol; and

(b) an inscription identifying the equipment—

(i) by means of—

(aa) type; and

(bb) batch or serial numbers or both; and

(ii) by the name of the manufacturer or supplier responsible for first supplying it in the Community.

(2) Where applicable terminal equipment is the subject of Community Directives other than the TTE Directive providing for the affixing of a mark consisting of or including the symbol “CE”, the CE mark may only be affixed thereto for the purposes of these Regulations if the equipment conforms with the relevant requirements of those other Directives.

(3) No person shall affix the CE mark, or the connection symbol, or any other inscription liable to be confused with either such mark, to applicable terminal equipment which does not comply with regulation 8(a) and (b) above.

(4) No person shall affix the CE mark, or any inscription liable to be confused therewith, in relation to any terminal equipment other than applicable terminal equipment; provided that nothing in this paragraph shall prohibit the affixing of the CE mark to any terminal equipment pursuant to any Community right or obligation other than the TTE Directive.

(5) In these Regulations—

(a) “CE mark” means a mark consisting of the symbol “CE” in the form shown in Schedule 2 hereto;

(b) “notified body symbol” means the identifying symbol of the notified body responsible, that is to say, the symbol notified to the Commission pursuant to Article 10.1 of the TTE Directive in respect of the notified body which has been chosen by the manufacturer to carry out the product check procedure, has approved the production quality assurance quality system, or approved the full quality assurance approved quality system, as the case may be, such symbol being affixed in the form shown in Schedule 3 hereto; and

(c) “connection symbol” means the symbol shown in the said Schedule 3 indicating that the equipment is intended and is suitable to be connected to the public telecommunications network.

Retention of documentation

11.—(1) Where applicable terminal equipment is—

(a) manufactured in the United Kingdom; or

(b) first supplied or put into service, whichever is the earlier, in the United Kingdom without previously having been supplied or put into service in the Community,

the respnosible person shall hold at the disposal of the Secretary of State for ten years beginning with the date on which the last item of applicable terminal equipment is manufactured, the following—

(i) where the manufacturer has complied with the conformity assessment requirements pursuant to the EC type-examination procedure—

(aa) the EC type-examination certificate, and, where applicable, the documentation evidencing additional approval;

(bb) the technical documentation;

(cc) the EC declaration of conformity to type; and

(dd) where the manufacturer has carried out production quality assurance—

(A) the documentation referred to in the second indent of point 3.1 of Annex III of the TTE Directive;

(B) the updating referred to in the second paragraph of point 3.4 of that Annex; and

(C) the decisions and reports from the notified body which are referred to in the final paragraphs of points 3.4, 4.3 and 4.4. of that Annex;

(ii) where the manufacturer has complied with the conformity assessment requirements pursuant to the EC declaration of conformity procedure—

(aa) the EC declaration of conformity;

(bb) the documentation referred to in the second indent of point 3.1 of Annex IV to the TTE Directive;

(cc) the updating referred to in the second paragraph of point 3.4 of that Annex; and

(dd) the decisions and reports from the notified body which are referred to in the final paragraphs of points 3.4, 4.3 and 4.4 of that Annex.

(2) Any documentation to be retained by the responsible person pursuant to the requirements of paragraph (1) above may be kept by recording the matters in question in a manner other than material form provided, however, adequate precautions shall be taken for guarding against falsification.

(3) The power conferred on a responsible person in paragraph (2) above includes power to keep the documentation by recording those matters otherwise than in legible form, so long as the recording is capable of being reproduced in a legible form.

(4) If the responsible person records the documentation in question otherwise than in a legible form, any duty imposed on him by these Regulations to allow inspection of, or to furnish a copy of, the documentation or any part of it is to be treated as a duty to allow inspection of, or to furnish, a reproduction of the document or the relevant part of it in legible form.

General duty for terminal equipment not intended for connection

12.—(1) No person shall supply or put into service connection-capable equipment or radio connection-capable equipment unless—

(a) the manufacturer or person who first supplies the equipment within the Community has made an intended purpose declaration;

(b) at the time when such equipment is first supplied in the Community (or, if it is put into service without being supplied in the Community, when it is so put into service) a copy of the intended purpose declaration is transmitted to a notified body;

(c) such equipment is accompanied by—

(i) a copy of the intended purpose declaration; and

(ii) the operating manual; and

(d) there is affixed to such equipment—

(i) the CE mark; and

(ii) the symbol shown in Schedule 4 (“the non-connection symbol”) hereto in such a way that it follows the CE mark and visually forms an integral part of the total marking.

(2) No person shall affix to connection-capable equipment or radio connection-capable equipment—

(a) the CE mark, unless—

(i) it is equipment to which paragraph (1) above applies; and

(ii) the requirements of that paragraph other than sub-paragraph (d)(i) are complied with: provided that nothing in this sub-paragraph shall prohibit the affixing of the CE mark to any such equipment pursuant to any Community right or obligation other than the TTE Directive; or

(b) the connection symbol.

(3) No person shall connect, or permit to remain connected, connection-capable equipment or radio connection-capable equipment to any public telecommunications network.

(4) In these Regulations “intended purpose declaration” means a declaration in English (or another language acceptable to the notified body) in the model provided for in Schedule 5 to these Regulations that equipment is not intended for connection to a public telecommunications network.