The Electromagnetic Compatibility Regulations 2005

General

Application of Part VI

61.—(1) This Part shall have effect for the purposes of providing for—

(a) the manner in which the conformity assessment requirements shall be complied with in relation to radiocommunication transmission apparatus pursuant to the EC type-examination route to compliance; and

(b) United Kingdom notified bodies to exercise functions in relation thereto, and matters incidental to such exercise.

(2) For the purposes of these Regulations, “radiocommunication transmission apparatus” is wireless telegraphy apparatus for—

(a) transmitting; or

(b) both transmitting and receiving,other than—

(i) radio amateur apparatus designed, and intended by the manufacturer, for use exclusively by radio amateurs;

(ii) apparatus neither designed nor intended by the manufacturer to be used for transmitting in conjunction with other wireless telegraphy apparatus; or

(iii) apparatus which is dependent for its operation on a magnetic as distinct from an electromagnetic field.

The EC type-examination route to compliance

62.  The conformity assessment requirements are complied with in relation to radiocommunication transmission apparatus pursuant to the EC type-examination route to compliance if there is in force an EC type-examination certificate obtained by the responsible person from a notified body in respect of the applicable EM characteristics of the apparatus.

Notified bodies

63.  For the purposes of these Regulations, a notified body is a body responsible for issuing EC type-examination certificates pursuant to Article 10.5 of the EMC Directive either for all descriptions of radiocommunication transmission apparatus or for specific descriptions thereof, and which is—

(a) a United Kingdom notified body pursuant to regulation 64 below;

(b) for the time being a notified body of a member State other than the United Kingdom having been notified as a notified body by the member State concerned to the Commission and the other member States pursuant to Article 10.6 of the EMC Directive; or

(c) recognised for the purpose of carrying out those functions by inclusion in a mutual recognition agreement relating to the EMC Directive or a similar agreement (including a Protocol to the Europe Agreement, or other Agreement, on Conformity Assessment and Acceptance of Industrial Products) which has been concluded between the Community and a State other than an EEA State.