PART IIICOMPLIANCE

Exceptions in respect of placing on the market and putting into service

6.—(1) For the purposes of regulation 5, apparatus shall not be regarded as being placed on the market where that apparatus—

(a)is intended to be exported to a country outside the Community; or

(b)is imported into the Community for re-export to a country outside the Community; or

(c)is transferred from the manufacturer in a third country to his authorised representative established within the Community who is responsible on behalf of the manufacturer for ensuring compliance with the Directive; or

(d)is transferred to a manufacturer for further processing (for example, to modify the product or to integrate it into another product, or to put his own name on the product);

save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto.

(2) The following principles shall apply in respect of the application of the Act and the Wireless Telegraphy Acts 1949 to 1967(1):

(a)the display at trade fairs, exhibitions and demonstrations of apparatus which does not comply with the provisions of these Regulations is permitted if a notice is displayed in relation to the apparatus to the effect—

(i)that it does not satisfy those provisions; and

(ii)that it may not be placed on the market or put into service until those provisions are satisfied by a responsible person; and

(b)the switching on of radio equipment may be restricted for reasons related to the effective and appropriate use of the radio spectrum, avoidance of harmful interference or public health.