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Regulation 3 Definitions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Regulation 3 of the principal Regulations is (in addition to the amendments made by regulation 6(a) below) hereby amended as follows:

(a)

for paragraph (1) (definition of the TTE Directive) there shall be substituted the following paragraph—

“(1)

In these regulations, the “TTE Directive” means Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, as—

(a)

amended by Article 11, 14.1 and 14.2 of the CE Marking Directive; and

(b)

supplemented by the Satellite Earth Station Equipment Directive.”;

(b)

in paragraph (2)—

(i)

before the definition of “the Commission” there shall be inserted the following definition—

  • ““CE Marking Directive” means Council Directive 93/68/EEC;”;

(ii)

the definition of “the Community” shall be deleted; and

(iii)

after the definition of “responsible person” there shall be inserted the following definitions—

  • ““satellite earth station equipment” means satellite earth station equipment within the meaning of Article 1.2 of the Satellite Earth Station Equipment Directive;

  • “Satellite Earth Station Equipment Directive” means Council Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment;”; and

(c)

after paragraph (5), there shall be added the following paragraph—

“(6)

In these Regulations, with respect to matters arising on and after 1st January 1994, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State, and for the purposes of this paragraph—

(a)

the “EEA” means the European Economic Area;

(b)

an “EEA State” means a state which is a contracting party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and

(c)

the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993f1.”.

Annotations

Footnotes

f1

The application of the principal Regulations was extended to the European Economic Area (EEA) from 1 January 1994 by virtue of the European Economic Area Act 1993 (c. 51) section 2, in pursuance of Articles 7 and 23 of the European Economic Area Agreement and Protocol 12 and Annex II Part XVIII (Information Technology, Telecommunications and Data Processing).Point 4 of Part XVIII (at p.445 of the edition published by the Office for Official Publications of the European Communities, 1992) lists Council Directive 91/263/EEC as being an act referred to for the purposes of Article 7 which was made part of the internal legal order of the Contracting Parties.Point 4 was amended by Annex 3 to Decision 7/94 of the EEA Joint Committee (the `Interim Acquis'; OJ No.L160, 28.6.94, p.1).Point M.1 of that Annex (at p.45) inserts into point 4 references to the CE Marking Directive and the Satellite Earth Station Equipment Directive.The principal Regulations should, from that date, be read as if a reference to a member State included a reference to an EEA country.