OpenLegislation

The Electromagnetic Compatibility Regulations 2016

S.I. 2016/1091 · Made 15 November 2016 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2024.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5 para. 1(1)word omittedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 3(a)
Sch. 5 para. 1(1)(c) and wordinsertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 3(b)

Electromagnetic Compatibility

Made 15th November 2016

Laid before Parliament 16th November 2016

Coming into force 8th December 2016

M1M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to apparatus which is liable to cause electromagnetic disturbance and to apparatus the performance of which could be affected by such disturbance.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the European Communities Act 1972.C1

Annotations to the whole text

Marginal citations

M1

S.I. 1989/2393, to which there are amendments not relevant to these Regulations.

M2

1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by

Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were

extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

M3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended

by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

Modifications

C1

Regulations modified (E.W.S.) (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 5

Contents

  1. Part 1
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Application
  6. 3ADisapplication where more specific obligations apply
  7. 4Application of safety legislation
  8. 5Exhibition at trade fairs
  9. 6Making available or putting into service
  10. Part 2: Obligations of economic operators
  11. 7Essential requirements
  12. Chapter: Manufacturers
  13. 8Duty to ensure apparatus complies with the essential requirements
  14. 9Technical documentation and conformity assessment
  15. 10Declaration of conformity and UK marking
  16. 11Retention of technical documentation and EU declaration of conformity
  17. 12Compliance procedures for series production
  18. 13Information identifying manufacturer
  19. 14Instructions and information
  20. 15Manufacturer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity
  21. 16Provision of information and co-operation
  22. Chapter: Importers
  23. 17Prohibition on placing apparatus on the market which is not in conformity
  24. 18Requirements that must be satisfied before an importer places apparatus on the market
  25. 19Duty not to place non-conforming apparatus on the market
  26. 20Information identifying importer
  27. 21Instructions and information
  28. 22Storage and transport
  29. 23Importer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity
  30. 24Retention of technical documentation and EU declaration of conformity
  31. 25Provision of information and co-operation
  32. Chapter: Distributors
  33. 26Duty to act with due care
  34. 27Making available on the market
  35. 28Duty not to make non-conforming apparatus available on the market
  36. 29Storage and transport
  37. 30Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformity
  38. 31Provision of information and co-operation
  39. Chapter: All economic operators
  40. 32Cases in which the obligations of manufacturers apply to importers and distributors
  41. 33Identification of economic operators
  42. 34Translation of EU declaration of conformity
  43. 35Prohibition on improper use of UK marking
  44. 36Information concerning the use of apparatus
  45. 37Fixed installations
  46. Chapter: Authorised representatives
  47. 38Appointment of an authorised representative
  48. 38AObligations which are met by complying with obligations in the Directive
  49. 38BFurther use of the UK marking
  50. 38CQualifying Northern Ireland Goods
  51. Part 3: Conformity of apparatus and equipment
  52. 39Presumption of conformity
  53. 40Conformity assessment procedures
  54. 41Declaration of conformity
  55. 42UK marking
  56. 42AUK(NI) indication
  57. 42BRegister of UK notified bodies
  58. Part 4: Notification of conformity assessment bodies
  59. 43Approved bodies
  60. 44Approval of conformity assessment bodies
  61. 45Presumption of conformity of approved bodies
  62. 46Monitoring
  63. 47Restriction, suspension or withdrawal of approval
  64. 48Operational matters in relation to approved bodies
  65. 49Subsidiaries and contractors
  66. 50Register of approved bodies
  67. 51UK national accreditation body
  68. Part 5: Enforcement and market surveillance
  69. 52Designation of enforcing authorities
  70. 53Designation of market surveillance authorities
  71. 54Enforcement powers
  72. 55Exercise of enforcement powers
  73. 56Evaluation of apparatus presenting a risk
  74. 57Enforcement action in respect of apparatus that is not in conformity and which present a risk
  75. 58EU safeguard procedure
  76. 59Enforcement action in respect of formal non-compliance
  77. 60Restrictive measures
  78. 61Offences
  79. 62Penalties
  80. 63Defence of due diligence
  81. 64Liability of persons other than the principal offender
  82. 65Service of documents
  83. 66Recovery of expenses of enforcement
  84. 67Action by enforcing authority
  85. 68Appeals against notices
  86. 69Appropriate court for appeals against notices
  87. 70Time limit for prosecution of offences
  88. 71Compensation
  89. 72Power of the court to require a matter to be remedied
  90. Part 6: MISCELLANEOUS
  91. 73Review
  92. 74Transitional provision
  93. 74ATransitional provision in relation to EU Exit
  94. 75Revocations and savings
  95. 76Consequential amendments
  96. Signature
  97. Schedule 1: Essential Requirements
  98. 1General requirements
  99. 2Specific requirements for fixed installations
  100. Schedule 2: Module A: internal production control
  101. 1Paragraph 1
  102. Electromagnetic compatibility assessment
  103. 2Paragraph 2
  104. 3Paragraph 3
  105. Technical documentation
  106. 4Paragraph 4
  107. 5Paragraph 5
  108. Manufacturing
  109. 6Paragraph 6
  110. CEUK marking and EU declaration of conformity
  111. 7Paragraph 7
  112. 8Paragraph 8
  113. Authorised Representative
  114. 9Paragraph 9
  115. Schedule 3: Applicable conformity assessment procedures
  116. Part 1: Module B: EU-type Type Examination
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. 3Paragraph 3
  120. 4Paragraph 4
  121. 5Paragraph 5
  122. 6Paragraph 6
  123. 7Paragraph 7
  124. 8Paragraph 8
  125. 9Paragraph 9
  126. 10Paragraph 10
  127. 11Paragraph 11
  128. 12Paragraph 12
  129. 13Paragraph 13
  130. 14Paragraph 14
  131. 15Paragraph 15
  132. 16Paragraph 16
  133. 17Paragraph 17
  134. Part 2: Module C: conformity to type based on internal production control
  135. 18Paragraph 18
  136. 19Manufacturing
  137. 20UK marking and ... declaration of conformity
  138. 21Authorised representative
  139. Schedule 4: EU declaration Declaration of conformity
  140. 1EU declaration Declaration of conformity (No xxxx)
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. 4Paragraph 4
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. 7Paragraph 7
  147. 8Paragraph 8
  148. Schedule 5: Requirements for notified approved bodies
  149. 1Paragraph 1
  150. 2Paragraph 2
  151. 3Paragraph 3
  152. 4Paragraph 4
  153. 5Paragraph 5
  154. 6Paragraph 6
  155. 7Paragraph 7
  156. 8Paragraph 8
  157. 9Paragraph 9
  158. 10Paragraph 10
  159. 11Paragraph 11
  160. 12Paragraph 12
  161. 13Paragraph 13
  162. 14Paragraph 14
  163. 15Paragraph 15
  164. 16Paragraph 16
  165. 17Paragraph 17
  166. 18Paragraph 18
  167. Schedule 6: Operational obligations of notified approved bodies
  168. 1Paragraph 1
  169. 2Paragraph 2
  170. 3Paragraph 3
  171. 4Paragraph 4
  172. 5Paragraph 5
  173. 6Paragraph 6
  174. 7Paragraph 7
  175. 8Paragraph 8
  176. 9Paragraph 9
  177. 10Paragraph 10
  178. 11Paragraph 11
  179. 12Paragraph 12
  180. 13Paragraph 13
  181. Schedule 7: Enforcement and investigatory powers conferred on the enforcing authority and the market surveillance authority
  182. Part 1: ENFORCEMENT AND INVESTIGATORY POWERS
  183. 1Enforcement powers under the 1987 Act
  184. 2Modifications to the 1987 Act
  185. 3Application of Schedule 5 to the Consumer Rights Act 2015
  186. Part 2: COMPLIANCE NOTICES, WITHDRAWAL NOTICES AND RECALL NOTICES
  187. 4Compliance notice
  188. 5Paragraph 5
  189. 6Paragraph 6
  190. 7Paragraph 7
  191. 8Paragraph 8
  192. 9Withdrawal notice
  193. 10Paragraph 10
  194. 11Paragraph 11
  195. 12Paragraph 12
  196. 13Paragraph 13
  197. 14Paragraph 14
  198. 15Paragraph 15
  199. 16Paragraph 16
  200. 17Recall notice
  201. 18Paragraph 18
  202. 19Paragraph 19
  203. 20Paragraph 20
  204. 21Paragraph 21
  205. 22Paragraph 22
  206. 23Paragraph 23
  207. 24Paragraph 24
  208. 25Paragraph 25
  209. 26Paragraph 26
  210. 27Paragraph 27
  211. 28Paragraph 28
  212. 29Paragraph 29
  213. 30Interpretation
  214. Explanatory note