The Electromagnetic Compatibility Regulations 2005

PART 1PRELIMINARY

1Citation and commencement

2Repeal and disapplication

3Interpretation

4Electromagnetic disturbance

5Protection requirements

PART IIAPPLICATION

General Application

6Relevant apparatus

7General conditions of application

Modified application

8Education and training equipment

9Test apparatus

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

11Apparatus for export to a third country outside the Community

12Excluded installations

14Supply to the authorised representative

15Second-hand apparatus

16Electromagnetically benign apparatus

17Apparatus for use in a sealed electromagnetic environment

18Radio amateur apparatus

19Military equipment

Apparatus covered by other Directives

20Active implantable medical devices

21In vitro medical devices

22Medical devices

23Vehicles, components and separate technical units

24Agricultural or forestry tractors

25Two and three-wheel motor vehicles

26Marine Equipment

27Electrical Energy Meters

28Non-automatic weighing instruments

29Radio equipment and telecommunications terminal equipment

PART IIIGENERAL REQUIREMENTS

30General duty for supply

31General duty for taking into service

32Requirements for supply

33Conformity assessment requirements—the three routes to compliance

34Presumption of conformity

35The CE marking

36EC declaration of conformity

37Retention of documentation

PART IVTHE STANDARDS ROUTE TO COMPLIANCE

38Application of Part IV

39The standards route to compliance

40Applicable EMC standards

41Publication of reference numbers of standards

42EC declaration of conformity pursuant to the standards route to compliance

PART VTHE TECHNICAL CONSTRUCTION FILE ROUTE TO COMPLIANCE

43Application of Part V

44Applicability of the technical construction file route to compliance

45Technical construction files

46The technical construction file route to compliance

47Competent bodies

United Kingdom competent bodies

49Eligibility and verification

50Termination of appointment and transfer of functions

51Power of competent body other than the Secretary of State to charge fees

52Applications for technical reports and technical certificates

53Limitations on duty to exercise functions

54Contractors etc.

55Form of technical reports and technical certificates

56Conditions of technical reports or technical certificates

57Withdrawal of technical reports or technical certificates

58Procedure where United Kingdom competent body is minded to make an unfavourable decision

EC declaration of conformity

59EC declaration of conformity where conformity assessment requirements are complied with by reference to a technical construction file

Final provisions

60Interpretation of Part V

PART VITHE EC TYPE-EXAMINATION ROUTE TO COMPLIANCE FOR RADIOCOMMUNICATION TRANSMISSION APPARATUS

61Application of Part VI

62The EC type-examination route to compliance

63Notified bodies

United Kingdom notified bodies

64Bodies and scope of authority

65Power of CAA and OFCOM to charge fees

66Applications for EC type-examination certificates

67Limitations on duty to exercise functions

68Contractors etc.

69Conditions of EC type-examination certificates

70Withdrawal of EC type-examination certificates

71Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant

EC declaration of conformity

72EC declaration of conformity for radiocommunication transmission apparatus

Final provisions

74Interpretation of Part VI

PART VIIENFORCEMENT

Enforcement authorities and powers

75Enforcement authorities

76Test purchases

77Powers of search etc.

78Provisions supplemental to regulation 77

79Appeals against detention of apparatus

80Compliance notices

81Prohibition notices

82Suspension notices

83Appeals against suspension notices

84Power to require production of documents and information etc.

85Supplying or taking into service apparatus in contravention of regulation 30 or 31

86Contravention of prohibition notice or suspension notice

87False or misleading information

88Misuse of the CE marking etc.

89Obstruction etc. of officers of enforcement authorities etc.

90Failure to retain documentation

91Defence of due diligence

92Liability of persons other than the principal offender

93Extension of time for bringing summary proceedings

94Inference of condition of apparatus at time of supply or taking into service

Powers of the court

96Power of the court to require matter to be remedied

97Forfeiture: England and Wales and Northern Ireland

98Forfeiture: Scotland

99Recovery of expenses of enforcement

PART VIIIMISCELLANEOUS AND SUPPLEMENTAL

100Service of documents etc.

101Duty of enforcement authority to inform the Secretary of State of action taken

102Savings for certain privileges

103Savings for action taken under other enactments

Consequential amendments

104The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

105Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

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

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

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

1Conducted low-frequency phenomena harmonics, interharmonics; signalling voltages; voltage fluctuations; voltage...

2Radiated low-frequency phenomena— magnetic fields; and electric fields;

3Conducted high-frequency phenomena— induced continuous wave (CW) voltages or currents;...

4Radiated high frequency phenomena— magnetic fields; electric fields; electromagnetic fields;...

5Electrostatic discharge phenomena (ESD).

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

1domestic radio and television receivers;

2industrial manufacturing equipment;

3mobile radio equipment;

4mobile radio and commercial radiotelephone equipment;

5medical and scientific apparatus;

6information technology equipment;

7domestic appliances and household electronic equipment;

8aeronautical and marine radio apparatus;

9subject to regulation 8, educational electronic equipment;

10telecommunications networks and apparatus;

11radio and television broadcast transmitters; and

12lights and fluorescent lamps.

SCHEDULE 4THE CE MARKING

1In the CE marking, the initials CE shall take the...

2If the CE marking is reduced or enlarged the proportions...

3The various components of the CE marking must have substantially...

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

1availability of personnel and of the necessary means and equipment;...

2technical competence and professional integrity of personnel;

3independence, in carrying out the tests, preparing the reports, issuing...

4maintenance of professional secrecy by personnel; and

5possession of civil liability insurance unless such liability is covered...

SCHEDULE 6DESCRIPTIONS OF APPARATUS FOR WHICH UNITED KINGDOM NOTIFIED BODIES ARE AUTHORISED

1The CAA is authorised (as a United Kingdom notified body...

2OFCOM is authorised (as a United Kingdom notified body) in...

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 a...

2005 No. 281

ELECTROMAGNETIC COMPATIBILITY

The Electromagnetic Compatibility Regulations 2005

Made2nd February 2005

Laid before Parliament11th February 2005

Coming into force7th March 2005

The Secretary of State, being a Minister designated 1 for the purposes of section 2(2) of the European Communities Act 1972 2 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 upon her by that section, hereby makes the following Regulations: