OpenLegislation

Regulation 4 Essential RequirementsF1I1

United Kingdom

(1)

Apparatus when properly installed and maintained and used for its intended purpose shall satisfy the essential requirements set out in this regulation.

(2)

The following essential requirements shall apply to all apparatus:

(a)

the protection of the health and safety of the user and any other person, including the objectives with respect to safety requirements contained in Council Directive 73/23/EECf1 (but as if there were no voltage limit);

(b)

the protection requirements with respect to electromagnetic compatibility contained in Council Directive 89/336/EECf2;

(3)

In addition, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference.

(4)

When a measure has been adopted by the Commission pursuant to Articles 3.3, 6.2 and 15 of the Directive and published in the Official Journal of the F2European Union determining that apparatus shall be so constructed that—

(a)

it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the European Union; or that

(b)

it does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; or that

(c)

it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; or that

(d)

it supports certain features ensuring avoidance of fraud; or that

(e)

it supports certain features ensuring access to emergency services; or that

(f)

it supports certain features in order to facilitate its use by users with a disability,

apparatus within the scope of that measure shall meet the requirements of that measure from the date specified in that measure.

Annotations

Textual amendments

F1

Regulations revoked (with savings) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 78(1) (with regs. 3-5, 77, 78(2)); and Regulations (as saved) modified (E.W.S.) (31.12.2020) by S.I. 2017/1206, reg. 78(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 45(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1))

F2

Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Commencement

I1

Reg. 4 in force at 8.4.2000, see reg. 1(1)

Footnotes

f1

OJL No. 77, 26.3.1973, p 29.

f2

OJL No. 139, 23.5.1989, p 19.