The Product Safety and Metrology etc. (Amendment) Regulations 2024

Amendment to the Electromagnetic Compatibility Regulations 2016

11.—(1) The Electromagnetic Compatibility Regulations 2016(1) are amended as follows.

(2) In regulation 2(1), in the definition of “the Directive” omit “(as it has effect immediately before IP completion day)”.

(3) In regulation 38A—

(a) in paragraph (3)(c) for “Part 4” substitute “Part 3”;

(b) in paragraph (8)(c) omit “safety”.

(4) For regulation 38B substitute—

“Further use of the UK marking

38B.— (1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “harmonised standard” has the meaning given to it in Article 3(17).

(2) Paragraph (3) applies where, before placing apparatus on the market, the manufacturer—

(a) ensures that the apparatus has been designed and manufactured in accordance with the essential requirements set out in Annex I;

(b) draws up the technical documentation relating to such apparatus referred to in Annex III;

(c) ensures that the relevant conformity assessment procedure relating to such apparatus referred to in Article 14 has been carried out; and

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 8 and 9 are to be treated as being satisfied;

(b) except for regulations 41 and 42, Part 3 does not apply;

(c) regulations 2(2)(a), 7, 11, 12, 17 to 19, 22, 24, 28, 29, 35(1), 41 and 59 apply subject to the modifications in paragraph (4);

(d) regulation 10 and Schedule 4 apply subject to the modifications in paragraphs (4) and (5);

(e) regulations 36 and 37 apply subject to the modifications in paragraph (6).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Annex 1;

(b) any reference to “designated standard” is to be read as a reference to “harmonised standard”;

(c) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedure referred to in Article 14;

(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III.

(5) The modifications referred to in paragraph (3)(d) are that—

(a) in regulation 10, the reference to “enactment” is to be read as including the Directive;

(b) in Schedule 4—

(i) in paragraph 5, the reference to “statutory requirements” is to be read as including the Directive;

(ii) in paragraph 7, the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook any conformity assessment procedure in accordance with Article 14.

(6) The modifications referred to in paragraph (3)(e) are that—

(a) in regulation 36 any reference to “paragraph 1 of Schedule 1” is to be read as a reference to paragraph 1 of Annex I;

(b) in regulation 37 any reference to “paragraph 2 of Schedule 1” is to be read as a reference to paragraph 2 of Annex I.”.

(5) In regulation 74A, omit paragraphs (4) to (6).

(1)

S.I. 2016/1091; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended in respect of England and Wales and Scotland by S.I. 2019/696, S.I. 2021/1273 and S.I. 2022/1393.