The Telecommunications Terminal Equipment Regulations 1992

Essential requirements

5.—(1) Subject to paragraphs (2) and (3) below, in these Regulations a reference to the essential requirements is a reference to the following requirements—

(a) user safety, in so far as this requirement is not covered by the Low Voltage Directive;

(b) safety of employees of public telecommunications networks operators, in so far as this requirement is not covered by the Low Voltage Directive;

(c) electromagnetic compatibility requirements in so far as they are specific to applicable terminal equipment(1);

(d) protection of the public telecommunications network from harm;

(e) effective use of the radio frequency spectrum, where appropriate;

(f) interworking of terminal equipment with public telecommunications network equipment for the purpose of establishing, modifying, charging for, holding and clearing real or virtual connection; and

(g) interworking of terminal equipment via the public telecommunications network, in justified cases.

(2) For the purposes of these Regulations, there shall be a presumption “the presumption of conformity”) that, unless the contrary is proved, applicable terminal equipment complies with the requirements referred to in sub-paragraphs (a) and (b) of paragraph (1) above if that equipment is in conformity with relevant national standards covering all of the relevant characteristics of the equipment.

(3) A reference to the requirements referred to in sub-paragraphs (c) to (g) of paragraph (1) above is a reference to those requirements as implemented in common technical regulations pursuant to the second indent of Article 6.2 of the TTE Directive.

(4) The essential requirements concerning interworking of applicable terminal equipment via the public telecommunications network in justified cases shall be the requirements provided for in measures adopted by the Commission pursuant to Article 4(g), and paragraph 3 or 4, as the case may be, of Article 14 of the TTE Directive.

(5) In this regulation, “justified cases” means the cases where terminal equipment supports—

(a) a reserved service according to Community law; or

(b) a service for which the Council has decided that there should be Community-wide availability.

(1)

To the extent that a common technical regulation imposes electromagnetic requirements specific to applicable terminal equipment, the Electromagnetic Compatibility Regulations 1992 (S.I. No. 2372), which implemented Council Directive 89/336/EEC as amended by Article 9.4 of the TTE Directive and Council Directive 92/31/EEC) do not apply to such equipment (regulation 27).