5.—(1) The establishment, installation or use within a closed tank of a description referred to in paragraph (2) of this regulation, of tank level probing radar equipment complying with paragraph (3) of this regulation is hereby exempt from the provisions of section 8(1) of the Act.
(2) Paragraph (1) applies to a tank if its purpose is to contain a substance and it is made of metal or reinforced concrete or any other material with attenuation characteristics that are at least as strong as those of either metal or reinforced concrete.
(3) The equipment must—
(a)only operate in one or more of the frequency bands specified in Column 1 of the Table in the Schedule;
(b)not cause or contribute to undue interference with wireless telegraphy;
(c)only emit emissions which, when measured in any direction, for each frequency band listed in Column 1 of the Table in the Schedule, have the maximum e.i.r.p. density listed in Column 2 adjacent to that frequency band; and
(d)only emit emissions which would (if the equipment were used within a closed tank, which has the specifications set out in Annex E of ETSI standard EN 302 372-1(1)), when measured in any direction, have a maximum e.i.r.p. density of -41.3 dBm per MHz.
EN 302 372-1 (V1.1.1) was published on 3rd April 2006