Explanatory Note
(This note is not part of the Regulations)
These Regulations transpose Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p.62) (“the Directive”).
The Directive repeals and replaces Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p.10) which was implemented in the United Kingdom by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730). These Regulations revoke and replace S.I. 2000/730.
Regulations 3 to 5 set out the application of the Regulations to radio equipment, as defined in regulation 2. Regulation 2 contains definitions of many of the terms used in the Regulations.
Part 2 sets out the obligations of economic operators.
Regulation 6 defines what are the essential requirements that radio equipment must meet, which include the protection of the health and safety of persons, the protection of property, ensuring an adequate level of electromagnetic compatibility with other equipment, and avoiding harmful interference in the radio spectrum .
Regulations 7 to 18 set out the obligations that are specific to manufacturers. Obligations include ensuring that radio equipment has been designed and manufactured in accordance with the essential requirements, having a relevant conformity assessment procedure carried out before the radio equipment is placed on the market and affixing the CE marking. Regulation 19 sets out the obligations which an authorised representative, appointed by a manufacturer, must and must not perform on the manufacturer's behalf. It also provides that the authorised representative, as well as the manufacturer, is then responsible for the performance of those obligations
Regulations 20 to 29 set out the obligations that are specific to importers. These obligations include that the importer must not place on the market radio equipment which is not in conformity with the essential requirements, must check that the manufacturer has carried out a relevant conformity assessment procedure and must ensure the radio equipment bears the name and address of the importer. Regulation 25 includes an obligation to ensure that, while the importer is responsible for radio equipment, the storage and transport of the radio equipment does not jeopardise its conformity with the essential requirements.
Regulations 30 to 35 set out the obligations that are specific to distributors. These obligations include acting with due care to ensure that radio equipment is in conformity with Part 2 when making it available on the market, and checking that radio equipment bears the CE marking. Regulation 33 contains an obligation to ensure that, while the distributer is responsible for radio equipment, the storage and transport of the radio equipment does not jeopardise its conformity with the essential requirements.
Regulations 37 to 39 set out obligations which apply to all economic operators. These obligations include making sure that the EU declaration of conformity is in English before radio equipment is placed on the market in the United Kingdom. Those regulations also include an obligation to identify other economic operators in the supply chain on request from a market surveillance authority and a prohibition on the improper use of the CE marking.
Part 3 sets out provisions concerning the conformity assessment procedures, declarations of conformity and CE marking for radio equipment.
Part 4 sets out provisions concerning the bodies which carry out conformity assessment procedures under the Regulations.
Part 5 sets out provisions for market surveillance and enforcement of these Regulations. Regulation 55 identifies the market surveillance authorities and regulation 56 identifies the enforcing authorities. Regulation 57 and Schedule 10 provide for the powers of the enforcing and market surveillance authorities. Regulation 65 provides for the contravention of certain provisions of these Regulations to be an offence. Regulation 66 sets out the penalties that are to apply for offences under these Regulations.
Part 6 sets out a review provision and transitional provisions and consequential amendments. Regulation 78 revokes the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730) (as amended) and provides that they continue to apply to radio equipment placed on the market before the date these Regulations come into force. Regulations 79 to 85 make consequential amendments.
A transposition note and full impact assessment of the impact that these Regulations will have on the costs of business, the voluntary sector and the public sector are available from the Single Market Product Safety Team, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET and are also published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.