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Status:
Point in time view as at 08/12/2016.
Changes to legislation:
There are currently no known outstanding effects for the The Electromagnetic Compatibility Regulations 2016,
PART 3
.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
PART 3 U.K.Conformity of apparatus and equipment
Presumption of conformityU.K.
39.—(1) Equipment which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).
(2) The presumption in paragraph (1) is rebuttable.
Conformity assessment proceduresU.K.
40.—(1) Subject to paragraph (2), the manufacturer must demonstrate the conformity of the apparatus with the essential requirements by means of either—
(a)the procedure set out in Schedule 2 (Module A: internal production control); or
(b)the procedures set out in Schedule 3 (Module B: EU type examination followed by Module C: conformity to type based on internal production control).
(2) The manufacturer may choose to demonstrate the conformity of apparatus with some of the essential requirements by following the procedure referred to in paragraph (1)(b) provided that the procedure referred to in paragraph (1)(a) is followed for the remaining essential requirements.
EU declaration of conformityU.K.
41. The EU declaration of conformity for apparatus must—
(a)state that the fulfilment of the essential requirements has been demonstrated in respect of the apparatus;
(b)contain the elements of the relevant conformity assessment procedure or procedures followed in respect of the apparatus; and
(c)have the model structure set out in Schedule 4.
CE markingU.K.
42.—(1) The CE marking must be affixed visibly, legibly and indelibly to the apparatus or to its data plate.
(2) Where it is not possible or warranted, on account of the nature of the apparatus, to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—
(a)the packaging; and
(b)the accompanying documents.
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