The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (“the RTTE Regulations”) which implemented Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (O.J. L91, 7.4.1999, p.10):

• regulation 2(2) amends a disapplication of the Electromagnetic Compatibility Regulations 1992 (S.I. 1992/2372) so that disapplication in those Regulations of certain regulations made under section 10 of the Wireless Telegraphy Act 1949 continues to be effective;

• regulation 2(3)(a) inserts new definitions in regulation 2 of the RTTE Regulations;

• regulation 2(3)(b) inserts a new paragraph (4) inserting the extension of the application of Directive 1999/5/EC to the EEA as published in O.J. L237 of 2000, pp 58–59;

• regulation 2(4) clarifies the application of the Regulations;

• regulation 2(5)(a) and (c) has the effect that there is no prohibition on putting apparatus into service merely because inter alia, it does not bear the CE marking providing the essential requirements are met. (This exception does not apply in any case of placing on the market.);

• regulation 2(5)(b) amends the requirement that apparatus must carry certain markings in addition to the CE marking;

• regulation 2(6) amends the provision in the RTTE Regulations about display of apparatus at trade fairs, etc and the switching on of radio equipment so that it expressly states that no offence is committed by such display but an offence is committed if the apparatus is radio equipment and switching on causes interference or endangers public health;

• regulation 2(6) also adds a new provision requiring the Director General of Telecommunications appointed under section 1 of the Telecommunications Act 1984 (“the Director”) and the Secretary of State to exercise their respective wireless telegraphy functions so as to restrict the putting into service of compliant radio equipment only for reasons of spectrum management, avoidance of interference or public health;

• regulation 2(7) provides for operators of public telecommunications networks to connect and disconnect compliant apparatus under certain circumstances and for the Secretary of State and the Director to require an operator to connect or reconnect apparatus if they disagree with his assessment that it causes network damage, interference or harm to network functioning;

• regulation 2(8) has the effect that markings on apparatus need to include the type as well as either of the batch or serial number;

• regulation 2(9) provides for publication of information relating to technical specifications of interfaces;

• regulations 2(7) and (9) reflect provisions that were previously contained in licences issued under the Telecommunications Act 1984 by virtue of regulation 17 and Schedule 8 of the RTTE Regulations. Following implementation of a series of EU Directives on electronic communications in the United Kingdom with effect from 25th July 2003 individual licences for the provision of electronic communications networks and services are no longer required; the effect of regulations 2(7) and (9) is to continue to apply the requirements set out therein to certain telecommunications operators;

• regulation 2(10) inserts a provision for recognition of mutual recognition agreements with non-EEA states in relation to the appointment of notified bodies;

• regulation 2(11) deletes regulation 17 of the RTTE Regulations;

• regulation 2(12) provides for the requirements of regulations 7 and 13 to be enforced in accordance with sections 94–97 of the Communications Act 2003 as if they were conditions under section 45 of that Act;

• regulations 2(13) provides that no offence is committed under the RTTE Regulations where notice has not been given to the Secretary of State under regulation 12 in respect of equipment which uses frequency bands consistent with the United Kingdom Plan for Frequency Authorisation published under section 153 of the Communications Act 2003;

• regulation 2(14) provides for the deletion of Schedule 8;

• regulation 2(15) amends Schedule 9 by removing a redundant cross-reference in the application by the RTTE Regulations of a provision of the Consumer Protection Act 1987.

These Regulations also provide that provisions in the Wireless Telegraphy Acts 1949 to 1967 about interference when applied to radio equipment covered by the RTTE Regulations are limited to harmful interference as defined in the RTTE Regulations, in implementation of Directive 1999/5/EC.