# The Electromagnetic Compatibility Regulations 2016, Regulation 2: Interpretation

Extent: E+W+S

(1) In these Regulations—
the “1987 Act” means the Consumer Protection Act 1987 ;
the “2006 Regulations” means the Electromagnetic Compatibility Regulations 2006 ;
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“approved body” has the meaning given in regulation 43 (approved bodies);
“apparatus” means any finished appliance or combination thereof made available on the market as a single functional unit, intended for the end-user and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance and includes—
(a)components or sub-assemblies intended for incorporation into an apparatus by an end-user, which are liable to generate or be affected by electromagnetic disturbance;
(b)a mobile installation defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations;
“authorised representative” means a person established within the United Kingdom appointed in accordance with regulation 38 (appointment of an authorised representative);
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“conformity assessment” means the process demonstrating whether the essential requirements relating to apparatus have been fulfilled;
“conformity assessment body” means a body that performs conformity assessment activities;
“conformity assessment procedure” means a procedure referred to in regulation 40;
“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 10(1)(a) (declaration of conformity and UK marking);
“designated standard” has the meaning given to it in regulation 2A;
“the Directive” means Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of laws of the Member States relating to electromagnetic compatibility (recast) ...;
“distributor” means any person in the supply chain, other than the manufacturer, authorised representative or importer, who makes apparatus available on the market;
“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;
“economic operator” means a manufacturer, authorised representative, importer or distributor;
“electromagnetic compatibility” means the ability of equipment to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to other equipment in that environment;
“electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;
“electromagnetic environment” means all electromagnetic phenomena observable in a given location;
“enforcing authority” is to be interpreted in accordance with regulation 52 (designation of enforcing authorities);
“equipment” means any apparatus or fixed installation;
“essential requirements” means the requirements set out in Schedule 1;
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“European Commission” means the Commission of the European Union;
“fixed installation” means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently, at a predefined location;
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“immunity” means the ability of equipment to perform as intended without degradation in the presence of electromagnetic disturbance;
“importer” means a person who—
(a)is established in the United Kingdom and places apparatus from a country outside of the United Kingdom on the market; or
(b)is established in Northern Ireland and places apparatus on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;
“make available on the market” means any supply of apparatus for distribution or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;
“manufacturer” means a person who—
(a)manufactures apparatus or has apparatus designed or manufactured; and
(b)markets that apparatus under that person's name or trademark;
“market surveillance authority” has the meaning given in regulation 53 (designation of market surveillance authorities);
“mobile installation” means a combination of apparatus and, where applicable, other devices, which are intended to be moved and operated in a range of locations;
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“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 ;
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“place on the market” means the first making available of apparatus on the market of Great Britain, and related expressions must be construed accordingly;
“put into service” means the first use of equipment in the United Kingdom market by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;
“RAMS” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;
“recall” means any measure aimed at achieving the return of apparatus that has already been made available to the end-user, and related expressions must be construed accordingly;
“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures);
“relevant economic operator” means, in relation to apparatus, an economic operator with obligations in respect of that apparatus under Part 2;
“technical specification” means a document that prescribes technical requirements to be fulfilled by the equipment;
“UK marking” means the marking in the form set out in Annex 2 of RAMS;
“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;
“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ;
“withdrawal” means any measure aimed at preventing apparatus in the supply chain from being made available on the market, and related expressions must be construed accordingly.
(2) In these Regulations, a reference to apparatus or equipment being “in conformity with Part 2” means that—
(a) the apparatus or equipment is in conformity with the essential requirements; and
(b) each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the apparatus or equipment available on the market.
(3) In these Regulations, “risk” means a risk to the protections against electromagnetic disturbance referred to in these Regulations.
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Source: https://www.legislation.gov.uk/uksi/2016/1091/regulation/2 (the official version)
Page: https://openlegislation.uk/electromagnetic-compatibility-regulations-2016/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

