The Telecommunications Terminal Equipment (Amendment) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations correct defects in the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423: “the principal Regulations”), and errors and defects in the Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994 (S.I. 1994/3129: “the Amendment and Extension Regulations”).

• The principal changes are as follows—

  (a)

  regulation 73(2) of the principal Regulations is amended, so that it is an offence to make an EC declaration of conformity to type or an EC declaration of conformity in circumstances where the terminal equipment does not comply with the essential requirements or the conformity assessment requirements have not been complied with. Regulation 73(2) has effect both where the CE mark is affixed during the transitional period set by Council Directive 93/68/EEC (“the CE Marking Directive”), and where the CE marking is affixed in accordance with that provision as substituted by regulation 7(c) of the Amendment and Extension Regulations. This amendment is in respect of both cases (regulation 3(c) and (d) respectively);

  (b)

  the declaration of conformity which a manufacturer or his authorised representative must make in relation to receive-only satellite earth station equipment if he elects to conform with the Community internal production control procedure pursuant to point 1 of the Annex to Council Directive 93/97/EEC (“the Satellite Earth Station Equipment Directive”) is defined (regulation 4(c)):

  (c)

  it is made clear that, in relation to satellite earth station equipment capable of terrestrial connection to the public telecommunications network but not intended to be so connected that the conformity assessment requirements (in Parts III, IV or IVA of the principal Regulations as extended to satellite earth station equipment) must be complied with as well as regulation 12 of the principal Regulations (regulation 4(d));

  (d)

  regulation 73(2) of the principal Regulations as extended to satellite earth station equipment is amended so far as to allow for proceedings to be brought where a person makes the declaration of conformity referred to in point (b) above where the equipment does not comply with the essential requirements or the conformity assessment requirements have not been complied with (regulation 4(e)); and

  (e)

  regulation 49D of the principal Regulations as so extended is amended so that the declaration of conformity is required to be made (regulation 4(1)(iii)).

• The remaining provisions correct clerical errors.