The Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994

Implementation of the CE Marking Directive

7.  Subject to regulation 8 below, the principal Regulations are hereby amended as follows—

(a) throughout the Regulations save in regulation 3(2), for “CE mark” on each occasion that it occurs there shall be substituted “CE marking”;

(b) in regulation 3(2)—

(i) for the definition of “CE mark” there shall be substituted the following definition—

““CE marking” shall be construed—

(a)

in relation to applicable terminal equipment, in accordance with regulation 10(6)(a) below; and

(b)

in relation to connection-capable equipment and radio connection-capable equipment, in accordance with regulation 12 below”; and

(ii) for the definition of “notified body symbol” there shall be substituted the following definition—

““notified body identification number” has the meaning given by regulation 10(6)(b) below;”;

(c) for regulation 10, there shall be substituted the following regulation—

“Connection marking requirements

10.— (1) The connection marking requirements are that there shall be affixed to applicable terminal equipment—

(a) the following marks in the following order from left to right—

(i) the CE marking;

(ii) the notified body identification number; and

(iii) the connection symbol; and

(b) an inscription identifying the equipment—

(i) by means of—

(aa) type; and

(bb) batch or serial numbers or both; and

(ii) by the name of the manufacturer, or supplier responsible for first supplying it in the Community, or both.

(2) Subject to paragraph (3) below, where applicable terminal equipment is subject to other Directives concerning other aspects and which also provide for the affixing of the CE marking, the latter shall indicate that the equipment is also presumed to conform to the provisions of those other Directives.

(3) Where one or more of the other Directives referred to in paragraph (2) above allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity to the provisions only of those Directives applied by the manufacturer.In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the directives and accompanying the terminal equipment.

(4) No person shall affix to applicable terminal equipment any marking which is likely to deceive third parties as to the meaning and form of the CE marking.Any other marking may be affixed to the equipment provided that the visibility and legibility of the CE marking are not thereby reduced.

(5) No person shall affix the CE marking, a notified body identification number or the connection symbol, or any other inscription liable to be confused with any of those marks, to applicable terminal equipment which does not comply with regulation 8(a) and (b) above.

(6) In these Regulations—

(a) “CE marking” means a marking—

(i) consisting of the initials “CE”;

(ii) taking the form shown in Schedule 2 hereto; and

(iii) which, when used in relation to applicable terminal equipment, attests to conformity to the requirements of the TTE Directive, including the conformity assessment procedures laid down in Chapter II of that Directive;

(b) “notified body identification number” means the identification number of the notified body involved in the producton control stage being the number assigned to that body by the Commission pursuant to Article 10.1 of the TTE Directive; and

(c) “connection symbol” means the symbol of suitability for connection to the public telecommunications network, such symbol taking the form shown in Schedule 3 to these Regulations.”;

(d) after regulation 65, there shall be added the following regulation—

“Compliance notices

65A.— (1) Subject to paragraph (4) below, in the relevant circumstances, no action may be taken pursuant to regulations 65, 66, 70, 73, 82 or 83 to these Regulations unless the requirements of this regulation are satisfied.

(2) The relevant circumstances are that it is established that the CE marking has been affixed unduly to any terminal equipment.

(3) The requirements of this regulation are that—

(a) there has been served upon the manufacturer or his authorised representative a notice (howsoever expressed) in writing obliging the person on whom the notice is served to make the product conform as regards the provisions of the TTE Directive concerning the CE marking and to end the infringement under conditions imposed in, or in relation to, the notice; and

(b) the non-conformity continues after the period specified in, or in relation to, the said notice during which the infringement must be ended has expired.

(4) This regulation does not apply where it is found that terminal equipment bearing the CE marking and properly used in accordance with the purpose intended by the manufacturer does not comply with the relevant essential requirements,”; and

(e) for regulation 73, there shall be substituted the following regulation—

“Misuse of the CE marking etc

73.— (1) Any person who affixes the CE marking or the connection symbol, or the non-connection symbol, or any other inscription or marking in contravention of regulation 10(2) or 12(1) or (2) above, shall be guilty of an offence.

(2) Any person who issues an EC declaration of conformity in relation to type or an EC declaration of conformity in relation to applicable terminal equipment in contravention of regulation 36 or 48 above shall be guilty of an offence.”;

(f) for Schedules 2 to 4, there shall be substituted the following Schedules—

Regulation 10(5)(a)

“SCHEDULE 2 THE CE MARKING

1.   In the CE marking, the initials CE shall take the form shown below—

For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the CE marking.

2.   If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

3.   The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.

Regulation 10(5)(c)

SCHEDULE 3 FORM OF THE CONNECTION SYMBOL

1.   The connection symbol shall take the form shown below—

For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the connection symbol.

2.   If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

3.   The various components of the above drawing must have substantially the same vertical dimension as the CE marking, which may not be less than 5 mm.

Regulations 6(2) and 12(1)(d)(ii)

SCHEDULE 4 FORM OF THE NON-CONNECTION SYMBOL

1.   The non-connection symbol shall take the form shown below—

For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the connection symbol.

2.   If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

3.   The various components of the above drawing must have substantially the same vertical dimension as the CE marking, which may not be less than 5 mm.”.