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The Electromagnetic Compatibility Regulations 1992

S.I. 1992/2372 · Made 5 October 1992

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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

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Repeal and disapplication
  4. 3Interpretation
  5. 4Electromagnetic disturbance
  6. 5Protection requirements
  7. Part II: APPLICATION
  8. General application
  9. 6Relevant apparatus
  10. 7General conditions of application
  11. Modified application
  12. 8Educational electronic equipment
  13. 9Test apparatus
  14. Transitional exclusions
  15. 10Apparatus supplied or taken into service before 28th October 1992
  16. 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
  17. General exclusions
  18. 12Apparatus for export to a third country
  19. 13Excluded installations
  20. 14Spare parts
  21. 15Supply to the authorised representative
  22. 16Second-hand apparatus
  23. 17Electromagnetically benign apparatus
  24. Specific exclusions
  25. 18Apparatus for use in a sealed electromagnetic environment
  26. 19Radio amateur apparatus
  27. 20Military equipment
  28. Apparatus wholly covered by other Directives
  29. 21Active implantable medical devices
  30. 22Medical devices
  31. Apparatus partly covered by other Directives
  32. 23Electrical Energy Meters
  33. 24Spark-ignition engines of vehicles
  34. 25Spark ignition engines of tractors
  35. 26Non-automatic weighing instruments
  36. 27Telecommunications terminal equipment
  37. Part III: GENERAL REQUIREMENTS
  38. 28General duty for supply
  39. 29General duty for taking into service
  40. 30Requirements for supply
  41. 31Conformity assessment requirements—the three routes to compliance
  42. 32Presumption of conformity
  43. 33The CE mark
  44. 34EC declaration of conformity
  45. 35Retention of documentation
  46. Part IV: THE STANDARDS ROUTE TO COMPLIANCE
  47. 36Application of Part IV
  48. 37The standards route to compliance
  49. 38Applicable EMC standards
  50. 39Publication of reference numbers of standards
  51. 40EC declaration of conformity pursuant to the standards route to compliance
  52. Part V: THE TECHNICAL CONSTRUCTION FILE ROUTE TO COMPLIANCE
  53. General
  54. 41Application of Part V
  55. 42Applicability of the technical construction file route to compliance
  56. 43Technical construction files
  57. 44The technical construction file route to compliance
  58. 45Competent bodies
  59. United Kingdom competent bodies
  60. 46Appointment
  61. 47Eligibility and verification
  62. 48Termination of appointment and transfer of functions
  63. 49Power of competent body other than the Secretary of State to charge fees
  64. 50Applications for technical reports and technical certificates
  65. 51Limitations on duty to exercise functions
  66. 52Contractors etc
  67. 53Form of technical reports and technical certificates
  68. 54Conditions of technical reports or technical certificates
  69. 55Withdrawal of technical reports or technical certificates
  70. 56Procedure where United Kingdom competent body is minded to make a decision unfavourable to the applicant
  71. EC declaration of conformity
  72. 57EC declaration of conformity where conformity assessment requirements are complied with by reference to a technical construction file
  73. Final provisions
  74. 58Interpretation of Part V
  75. Part VI: THE EC TYPE-EXAMINATION ROUTE TO COMPLIANCEFOR RADIOCOMMUNICATION TRANSMISSION APPARATUS
  76. General
  77. 59Application of Part VI
  78. 60The EC type-examination route to compliance
  79. 61Notified bodies
  80. United Kingdom notified bodies
  81. 62Bodies and scope of authority
  82. 63Power of CAA and BABT to charge fees
  83. 64Applications for EC type-examination certificates
  84. 65Limitations on duty to exercise functions
  85. 66Contractors etc.
  86. 67Conditions of EC type-examination certificates
  87. 68Withdrawal of EC type-examination certificates
  88. 69Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant
  89. EC declaration of conformity
  90. 70EC declaration of conformity for radiocommunication transmission apparatus
  91. Final provisions
  92. 71Savings
  93. 72Interpretation of Part VI
  94. Part VII: ENFORCEMENT
  95. Enforcement authorities and powers
  96. 73Enforcement authorities
  97. 74Test purchases
  98. 75Powers of search etc.
  99. 76Provisions supplemental to regulation 75
  100. 77Appeals against detention of apparatus
  101. 78Prohibition notices
  102. 79Suspension notices
  103. 80Appeals against suspension notices
  104. 81Power to require production of documents and information etc.
  105. Offences
  106. 82Supplying or taking into service apparatus in contravention of regulation 28 or 29
  107. 83Contravention of prohibition notice or suspension notice
  108. 84False or misleading information
  109. 85Misuse of the CE mark etc.
  110. 86Obstruction etc of officers of enforcement authorities etc.
  111. 87Failure to retain documentation
  112. 88Defence of due diligence
  113. 89Liability of persons other than the principal offender
  114. 90Extension of time for bringing summary proceedings
  115. 91Inference of condition of apparatus at time of supply or taking into service
  116. Powers of the court
  117. 92Penalties
  118. 93Power of the court to require matter to be remedied
  119. 94Forfeiture: England and Wales and Northern Ireland
  120. 95Forfeiture: Scotland
  121. 96Recovery of expenses of enforcement
  122. Part VIII: MISCELLANEOUS AND SUPPLEMENTAL
  123. 97Restrictions on disclosure of information
  124. 98Service of documents etc
  125. 99Duty of enforcement authority to inform the Secretary of State of action taken
  126. 100Savings for certain privileges
  127. 101Savings for action taken under other enactments
  128. Signature
  129. Schedule 1REGULATIONS UNDER SECTION 10 OF THE WIRELESS TELEGRAPHY ACT 1949
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. 5Paragraph 5
  135. 6Paragraph 6
  136. Schedule 2PHENOMENA AND EFFECTS WHICH MAY BE REGARDED AS ELECTROMAGNETIC DISTURBANCE
  137. Schedule 3DESCRIPTIONS OF APPARATUS THE OPERATION OF WHICH MUST NOT BE HINDERED BY RELEVANT APPARATUS
  138. Schedule 4THE CE MARK
  139. Schedule 5MINIMUM CRITERIA FOR THE ASSESSMENT OF UNITED KINGDOM COMPETENT BODIES
  140. 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
  141. Schedule 7: PROHIBITION NOTICES
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. 7Paragraph 7
  149. Explanatory note