# The Electromagnetic Compatibility Regulations 1992, Regulation 38: Applicable EMC standards


(1) This regulation shall have effect for the purpose of making provision in respect of the standards which are to be recognised for the purposes of Article 7 of the EMC Directive.
(2) For the purposes of these Regulations except for regulation 47(4) below, a harmonized standard is a technical specification (European standard or harmonization document)—
(a) adopted for the purposes of Article 7.1(a) of the EMC Directive by the European Committee for Electrotechnical Standardization (CENELEC) or the European Telecommunications Standards Institute (ETSI) upon a remit from the Commission in accordance with the provisions of Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations;
(b) the reference number of which has been published in the Official Journal of the European Communities pursuant to that sub-article.
(3) For the purposes of these Regulations, a transposed harmonized standard is a national standard of a member State—
(a) which transposes a harmonized standard; and
(b) the reference number of which has been published—
(i) by the relevant member State in adoption thereof pursuant to Article 7.1(a) of the EMC Directive;
(ii) in the case of a transposed harmonized standard of the United Kingdom, pursuant to regulation 39(1) below in recognition of it as such.
(4) For the purposes of these Regulations, a recognised national standard is a standard of a member State—
(a) which applies to relevant apparatus for which no harmonized standard has been adopted;
(b) which is recognised as a national standard for the purposes of Article 7.1(b) of the EMC Directive, the Commission having notified the member States pursuant to Articles 7.2 and 8.2 of that Directive that that standard enjoys the presumption of conformity with the protection requirements for the time being and published its reference number in the Official Journal pursuant to Article 7.2 of the Directive; and
(c) in the case of a recognised national standard of—
(i) a member State other than the United Kingdom, the reference number of which has been published by the relevant member State pursuant to the said Article 7.2;
(ii) the United Kingdom, the reference number of which has been published (and not withdrawn) pursuant to regulation 39(2) below in recognition of it as such.
(5) For the purposes of these Regulations, in relation to any description of relevant apparatus, an applicable EMC standard is either a transposed harmonized standard or a recognised national standard within the scope of which that description of relevant apparatus falls.

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Source: https://www.legislation.gov.uk/uksi/1992/2372/regulation/38 (the official version)
Page: https://openlegislation.uk/electromagnetic-compatibility-regulations-1992/regulation-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.