Regulation 3 Interpretation of the principal Regulations

Regulation 3 of the principal Regulations is (in addition to the amendments made by regulation 4(a) below) hereby amended as follows—

(a)

for paragraph (1) (definition of the EMC Directive) there shall be substituted the following paragraph—

“(1)

In these Regulations, “the EMC Directive” means Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility^f1, as amended by—

(a)

Article 9.4 of the Telecommunications Terminal Equipment Directive^f2;

(b)

Council Directive 92/31/EEC^f3; and

(c)

Article 5, 14.1 and 14.2 of the CE Marking Directive.”;

(b)

in paragraph (2)—

(i)

before the definition of “the Commission” there shall be inserted the following definition—

““CE Marking Directive” means Council Directive 93/68/EEC;”;

(ii)

in the definition of “the Community” the word “Economic” shall be omitted^f4;

(iii)

for the definition of “educational electronic equipment” there shall be substituted the following—

““education and training equipment” has the meaning given by regulation 8(3) below;”

(iv)

after the definition of “responsible person” there shall be inserted the following definitions—

““satellite earth station equipment” means satellite earth station equipment within the meaning of Article 1.2 of the Satellite Earth Station Equipment Directive;

“Satellite Earth Station Equipment Directive” means Council Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment^f5;”; and

(v)

to the definition of “Telecommunications Terminal Equipment Directive” there shall be added at the end the following—

“as amended by Article 11, 14.1 and 14.2 of the CE Marking Directive”;

(c)

in regulation 3(5)(a) (definition of immediate electromagnetic environment), for the words “educational electronic equipment” there shall be substituted the words “education and training equipment”; and

(d)

after paragraph (6) there shall be inserted the following paragraph—

“(7)

In these Regulations, with respect to matters arising on and after 1st January 1994, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State, and for the purposes of this paragraph—

(a)

the “EEA” means the European Economic Area;

(b)

an “EEA State” means a state which is a contracting party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and

(c)

the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.”.

Annotations

Footnotes

f1: OJ No. L139, 23.5.89, p.19. Article 10.5 of the EMC Directive has been disapplied in relation to equipment falling within the scope of Telecommunications Terminal Equipment Directive and the Satellite Earth Station Equipment Directive by Article 8.3 of the latter Directive.
f2: OJ No. L128, 23.5.91, p.1.
f3: OJ No. L126, 12.5.92, p.11.
f4: This change was effected by Title II, Article G.A. of the Treaty on European Union signed at Maastricht on 7th February 1992.
f5: OJ No. L290, 24.11.93, p.1.