The Electromagnetic Compatibility Regulations 1992

PART IPRELIMINARY

1Citation and commencement

2Repeal and disapplication

3Interpretation

4Electromagnetic disturbance

5Protection requirements

PART IIAPPLICATION

General application

6Relevant apparatus

7General conditions of application

Modified application

8Educational electronic equipment

9Test apparatus

Transitional exclusions

10Apparatus supplied or taken into service before 28th October 1992

11Transitional exclusion until 31st December 1995 of apparatus where the manufacturer opts to comply with such requirements as are in force in a member State on 30th June 1992

General exclusions

12Apparatus for export to a third country

13Excluded installations

15Supply to the authorised representative

16Second-hand apparatus

17Electromagnetically benign apparatus

Specific exclusions

18Apparatus for use in a sealed electromagnetic environment

19Radio amateur apparatus

20Military equipment

Apparatus wholly covered by other Directives

21Active implantable medical devices

22Medical devices

Apparatus partly covered by other Directives

23Electrical Energy Meters

24Spark-ignition engines of vehicles

25Spark ignition engines of tractors

26Non-automatic weighing instruments

27Telecommunications terminal equipment

PART IIIGENERAL REQUIREMENTS

28General duty for supply

29General duty for taking into service

30Requirements for supply

31Conformity assessment requirements—the three routes to compliance

32Presumption of conformity

34EC declaration of conformity

35Retention of documentation

PART IVTHE STANDARDS ROUTE TO COMPLIANCE

36Application of Part IV

37The standards route to compliance

38Applicable EMC standards

39Publication of reference numbers of standards

40EC declaration of conformity pursuant to the standards route to compliance

PART VTHE TECHNICAL CONSTRUCTION FILE ROUTE TO COMPLIANCE

41Application of Part V

42Applicability of the technical construction file route to compliance

43Technical construction files

44The technical construction file route to compliance

45Competent bodies

United Kingdom competent bodies

47Eligibility and verification

48Termination of appointment and transfer of functions

49Power of competent body other than the Secretary of State to charge fees

50Applications for technical reports and technical certificates

51Limitations on duty to exercise functions

52Contractors etc

53Form of technical reports and technical certificates

54Conditions of technical reports or technical certificates

55Withdrawal of technical reports or technical certificates

56Procedure where United Kingdom competent body is minded to make a decision unfavourable to the applicant

EC declaration of conformity

57EC declaration of conformity where conformity assessment requirements are complied with by reference to a technical construction file

Final provisions

58Interpretation of Part V

PART VITHE EC TYPE-EXAMINATION ROUTE TO COMPLIANCEFOR RADIOCOMMUNICATION TRANSMISSION APPARATUS

59Application of Part VI

60The EC type-examination route to compliance

61Notified bodies

United Kingdom notified bodies

62Bodies and scope of authority

63Power of CAA and BABT to charge fees

64Applications for EC type-examination certificates

65Limitations on duty to exercise functions

66Contractors etc.

67Conditions of EC type-examination certificates

68Withdrawal of EC type-examination certificates

69Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant

EC declaration of conformity

70EC declaration of conformity for radiocommunication transmission apparatus

Final provisions

72Interpretation of Part VI

PART VIIENFORCEMENT

Enforcement authorities and powers

73Enforcement authorities

74Test purchases

75Powers of search etc.

76Provisions supplemental to regulation 75

77Appeals against detention of apparatus

78Prohibition notices

79Suspension notices

80Appeals against suspension notices

81Power to require production of documents and information etc.

82Supplying or taking into service apparatus in contravention of regulation 28 or 29

83Contravention of prohibition notice or suspension notice

84False or misleading information

85Misuse of the CE mark etc.

86Obstruction etc of officers of enforcement authorities etc.

87Failure to retain documentation

88Defence of due diligence

89Liability of persons other than the principal offender

90Extension of time for bringing summary proceedings

91Inference of condition of apparatus at time of supply or taking into service

Powers of the court

93Power of the court to require matter to be remedied

94Forfeiture: England and Wales and Northern Ireland

95Forfeiture: Scotland

96Recovery of expenses of enforcement

PART VIIIMISCELLANEOUS AND SUPPLEMENTAL

97Restrictions on disclosure of information

98Service of documents etc

99Duty of enforcement authority to inform the Secretary of State of action taken

100Savings for certain privileges

101Savings for action taken under other enactments

SCHEDULE 1REGULATIONS UNDER SECTION 10 OF THE WIRELESS TELEGRAPHY ACT 1949

1The Wireless Telegraphy (Control of Interference from Ignition Apparatus)Regulations 1952;...

2The Wireless Telegraphy (Control of Interference from Electro Medical Apparatus)...

3The Wireless Telegraphy (Control of Interference from Radio Frequency Heating...

4The Wireless Telegraphy (Control of Interference from Household Appliances, Portable...

5The Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus)...

6The Wireless Telegraphy (Control of Interference from Citizens' Band Radio...

SCHEDULE 2PHENOMENA AND EFFECTS WHICH MAY BE REGARDED AS ELECTROMAGNETIC DISTURBANCE

SCHEDULE 3DESCRIPTIONS OF APPARATUS THE OPERATION OF WHICH MUST NOT BE HINDERED BY RELEVANT APPARATUS

SCHEDULE 4THE CE MARK

SCHEDULE 5MINIMUM CRITERIA FOR THE ASSESSMENT OF UNITED KINGDOM COMPETENT BODIES

SCHEDULE 6DESCRIPTIONS OF RADIOCOMMUNICATION TRANSMISSION APPARATUS FOR WHICH UNITED KINGDOM NOTIFIED BODIES ARE AUTHORISED AND OF WIRELESS TELEGRAPHY APPARATUS FOR WHICH THE CAA IS THE ENFORCEMENT AUTHORITY

SCHEDULE 7PROHIBITION NOTICES

1A prohibition notice in respect of any relevant apparatus shall—...

2(1) If representations in writing about a prohibition notice are...

3(1) Where representations in writing about a prohibition notice are...

4(1) Where a person is appointed to consider representations about...

5(1) The Secretary of State may revoke or vary a...

6(1) Where in a notification served on any person under...

7In this Schedule— “the appointed person ” in relation to...

1992 No. 2372

ELECTROMAGNETIC COMPATIBILITY

The Electromagnetic Compatibility Regulations 1992

Made5th October 1992

Laid before Parliament7th October 1992

Coming into force28th October 1992

The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to apparatus which is liable to cause electromagnetic disturbance and to apparatus the performance of which is liable to be affected by such disturbance, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:—