OpenLegislation

The Electromagnetic Compatibility Regulations 2016 in Wales

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