The Electromagnetic Compatibility Regulations 1992
S.I. 1992/2372 · Made 5 October 1992
ELECTROMAGNETIC COMPATIBILITY
Made 5th October 1992
Laid before Parliament 7th October 1992
Coming into force 28th October 1992
The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to apparatus which is liable to cause electromagnetic disturbance and to apparatus the performance of which is liable to be affected by such disturbance, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Annotations to the whole text
Footnotes
- f1
-
S.I.No.1989/2393.
- f2
-
1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, with section 32(7) and (9) of the Magistrates' Courts Act 1980 (c. 43), S.I. 1984/447, and section 17(2) of the Criminal Justice Act 1991 (c. 53) as regards Scotland, with section 289 B(4) and (6) of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c. 45) and amended by section 55(2) of the Criminal Justice Act 1982 (c. 48), S.I. 1984/526 and the said section 17(2) of the Criminal Justice Act 1991 and as regards Northern Ireland, with S.I. 1984/703 (N.I.3) and S.R. (N.I.) 1984 No. 253.
Contents
- Part I: PRELIMINARY
- 1Citation and commencement
- 2Repeal and disapplication
- 3Interpretation
- 4Electromagnetic disturbance
- 5Protection requirements
- Part II: APPLICATION
- General application
- 6Relevant apparatus
- 7General conditions of application
- Modified application
- 8Educational electronic equipment
- 9Test apparatus
- Transitional exclusions
- 10Apparatus supplied or taken into service before 28th October 1992
- 11Transitional exclusion until 31st December 1995 of apparatus where the manufacturer opts to comply with such requirements as are in force in a member State on 30th June 1992
- General exclusions
- 12Apparatus for export to a third country
- 13Excluded installations
- 14Spare parts
- 15Supply to the authorised representative
- 16Second-hand apparatus
- 17Electromagnetically benign apparatus
- Specific exclusions
- 18Apparatus for use in a sealed electromagnetic environment
- 19Radio amateur apparatus
- 20Military equipment
- Apparatus wholly covered by other Directives
- 21Active implantable medical devices
- 22Medical devices
- Apparatus partly covered by other Directives
- 23Electrical Energy Meters
- 24Spark-ignition engines of vehicles
- 25Spark ignition engines of tractors
- 26Non-automatic weighing instruments
- 27Telecommunications terminal equipment
- Part III: GENERAL REQUIREMENTS
- 28General duty for supply
- 29General duty for taking into service
- 30Requirements for supply
- 31Conformity assessment requirements—the three routes to compliance
- 32Presumption of conformity
- 33The CE mark
- 34EC declaration of conformity
- 35Retention of documentation
- Part IV: THE STANDARDS ROUTE TO COMPLIANCE
- 36Application of Part IV
- 37The standards route to compliance
- 38Applicable EMC standards
- 39Publication of reference numbers of standards
- 40EC declaration of conformity pursuant to the standards route to compliance
- Part V: THE TECHNICAL CONSTRUCTION FILE ROUTE TO COMPLIANCE
- General
- 41Application of Part V
- 42Applicability of the technical construction file route to compliance
- 43Technical construction files
- 44The technical construction file route to compliance
- 45Competent bodies
- United Kingdom competent bodies
- 46Appointment
- 47Eligibility and verification
- 48Termination of appointment and transfer of functions
- 49Power of competent body other than the Secretary of State to charge fees
- 50Applications for technical reports and technical certificates
- 51Limitations on duty to exercise functions
- 52Contractors etc
- 53Form of technical reports and technical certificates
- 54Conditions of technical reports or technical certificates
- 55Withdrawal of technical reports or technical certificates
- 56Procedure where United Kingdom competent body is minded to make a decision unfavourable to the applicant
- EC declaration of conformity
- 57EC declaration of conformity where conformity assessment requirements are complied with by reference to a technical construction file
- Final provisions
- 58Interpretation of Part V
- Part VI: THE EC TYPE-EXAMINATION ROUTE TO COMPLIANCEFOR RADIOCOMMUNICATION TRANSMISSION APPARATUS
- General
- 59Application of Part VI
- 60The EC type-examination route to compliance
- 61Notified bodies
- United Kingdom notified bodies
- 62Bodies and scope of authority
- 63Power of CAA and BABT to charge fees
- 64Applications for EC type-examination certificates
- 65Limitations on duty to exercise functions
- 66Contractors etc.
- 67Conditions of EC type-examination certificates
- 68Withdrawal of EC type-examination certificates
- 69Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant
- EC declaration of conformity
- 70EC declaration of conformity for radiocommunication transmission apparatus
- Final provisions
- 71Savings
- 72Interpretation of Part VI
- Part VII: ENFORCEMENT
- Enforcement authorities and powers
- 73Enforcement authorities
- 74Test purchases
- 75Powers of search etc.
- 76Provisions supplemental to regulation 75
- 77Appeals against detention of apparatus
- 78Prohibition notices
- 79Suspension notices
- 80Appeals against suspension notices
- 81Power to require production of documents and information etc.
- Offences
- 82Supplying or taking into service apparatus in contravention of regulation 28 or 29
- 83Contravention of prohibition notice or suspension notice
- 84False or misleading information
- 85Misuse of the CE mark etc.
- 86Obstruction etc of officers of enforcement authorities etc.
- 87Failure to retain documentation
- 88Defence of due diligence
- 89Liability of persons other than the principal offender
- 90Extension of time for bringing summary proceedings
- 91Inference of condition of apparatus at time of supply or taking into service
- Powers of the court
- 92Penalties
- 93Power of the court to require matter to be remedied
- 94Forfeiture: England and Wales and Northern Ireland
- 95Forfeiture: Scotland
- 96Recovery of expenses of enforcement
- Part VIII: MISCELLANEOUS AND SUPPLEMENTAL
- 97Restrictions on disclosure of information
- 98Service of documents etc
- 99Duty of enforcement authority to inform the Secretary of State of action taken
- 100Savings for certain privileges
- 101Savings for action taken under other enactments
- Signature
- Schedule 1REGULATIONS UNDER SECTION 10 OF THE WIRELESS TELEGRAPHY ACT 1949
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 2PHENOMENA AND EFFECTS WHICH MAY BE REGARDED AS ELECTROMAGNETIC DISTURBANCE
- Schedule 3DESCRIPTIONS OF APPARATUS THE OPERATION OF WHICH MUST NOT BE HINDERED BY RELEVANT APPARATUS
- Schedule 4THE CE MARK
- Schedule 5MINIMUM CRITERIA FOR THE ASSESSMENT OF UNITED KINGDOM COMPETENT BODIES
- Schedule 6DESCRIPTIONS OF RADIOCOMMUNICATION TRANSMISSION APPARATUS FOR WHICH UNITED KINGDOM NOTIFIED BODIES ARE AUTHORISED AND OF WIRELESS TELEGRAPHY APPARATUS FOR WHICH THE CAA IS THE ENFORCEMENT AUTHORITY
- Schedule 7: PROHIBITION NOTICES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Explanatory note