http://www.legislation.gov.uk/id/uksi/2017/1206

http://www.legislation.gov.uk/uksi/2017/1206/body/2024-04-07

The Radio Equipment Regulations 2017

text

text/xml

Statute Law Database

TELECOMMUNICATIONS

2024-10-10

Expert Participation

2024-04-07

These Regulations transpose Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p.62) (“the Directive”).

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 2(2)(d)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 2(2)(o)(i)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 2(2)(o)(ii)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 2(2)(o)(ii)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 2(2)(p)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 2(2)(t)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 2(2)(u)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 44 heading

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 34(a)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 44

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Sch. 29

para. 34(a)

Sch. 29

para. 44

reg. 1

The Radio Equipment Regulations 2017

reg. 2(1)

The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020

reg. 4(2)

Sch. 1

para. 1(r)(i)

reg. 2(2)

PART 1Preliminary

Citation and commencement1

These Regulations may be cited as the Radio Equipment Regulations 2017 and come into force on 26th December 2017.

Interpretation and applicationE192

1

In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987 M1;
F19“approved body” has the meaning given to it in regulation 46 (approved bodies);
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“authorised representative” means a person appointed in accordance with regulation 19;
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22“commencement date” means the date these regulations come into force;
“conformity assessment” means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled;
“conformity assessment body” means a body that performs conformity assessment activities;
F23“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) ( declaration of conformity);
F23“designated standard” has the meaning given to it in regulation 2A;
“distributor” means any person in the supply chain, other than the manufacturer, authorised representative or the importer, who makes radio equipment available on the market;
“the Directive” means Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment M2;
“economic operator” means a manufacturer, authorised representative, importer or distributor;
F24“electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;
“enforcing authority” means any person enforcing these Regulations under regulation 56 (enforcement);
“essential requirements” means the requirements set out in regulation 6;
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27“harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, European Community or national regulations;
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29“the Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1354 specifying how to present the information provided for in Article 10(10) of Directive 2014/53/EU of the European Parliament and of the Council;
F39“importer” means a person who—
1. a
  is established in the United Kingdom and places radio equipment from a country outside of the United Kingdom on the market; or
2. b
  is established in Northern Ireland and places radio equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;
“make available on the market” means any supply for distribution, consumption or use of radio equipment on the F36market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;
“manufacturer” means a person who—
1. a
  manufactures radio equipment or has radio equipment designed or manufactured; and
2. b
  markets that radio equipment under that person's name or trade mark;
“market surveillance authority” has the meaning set out in regulation 55 (designation of market surveillance authorities”);
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 M3;
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“place on the market” means the first making available on the F37market of Great Britain of radio equipment, and related expressions must be construed accordingly;
“put into service” means the first use of radio equipment in F38Great Britain by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;
“radiodetermination” means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves;
“radio communication” means communication by means of radio waves;
“radio equipment” means—
1. a
  an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or
2. b
  an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination;
“radio waves” means electromagnetic waves of frequencies lower than 3,000 GHz, propagated in space without artificial guide;
“RAMS” means Regulation (EC) No 765/2008M4 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;
“recall” means taking any measure aimed at achieving the return of radio equipment that has already been made available to the end-user and related expressions must be construed accordingly;
“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 41 (conformity assessment procedures);
“relevant economic operator” means, in relation to radio equipment, an economic operator with obligations in respect of that radio equipment under Part 2;
“technical documentation” has the meaning set out in regulation 45 (technical documentation);
“technical specification” means a document that prescribes technical requirements to be fulfilled by radio equipment;
F33“UK marking” means the marking in the form set out in Annex 2 of RAMS;
F33“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;
“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 M5;
“withdraw” means taking any measure aimed at preventing radio equipment in the supply chain from being made available on the market and related expressions must be construed accordingly.

2

In these Regulations, a reference to radio equipment being “in conformity with Part 2” means that—

a

the radio equipment is in conformity with the essential requirements, and

b

each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the radio equipment available on the market.

F343

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In regulations 18 and 26 (monitoring in relation to manufacturers and importers respectively) “risk” means a risk which could arise from lawful and readily predictable human behaviour.

5

In the other provisions of these Regulations, “risk” means a risk—

a

which could arise from lawful and readily predictable human behaviour, or

b

of non-conformity with the essential requirements.

F356

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and applicationE202

1

In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987 F9;
“accreditation” has the meaning set out in point 10 of Article 2 of RAMS (as amended from time to time);
“accreditation certificate” means a certificate, issued by either the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or by a national accreditation body in another F40relevant state, attesting that a conformity assessment body meets the notified body requirements;
“authorised representative” means a person appointed in accordance with regulation 19;
“CE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);
“competent national authority” means an authority having responsibility for enforcing the law of a F41relevant state which implements the Directive;
“conformity assessment” means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled;
“conformity assessment body” means a body that performs conformity assessment activities;
“distributor” means any person in the supply chain, other than the manufacturer, authorised representative or the importer, who makes radio equipment available on the market;
“the Directive” means Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment F10;
“economic operator” means a manufacturer, authorised representative, importer or distributor;
“electromagnetic disturbance” has the meaning set out in point (5) of paragraph 1 of Article 3 of Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility F11;
“enforcing authority” means any person enforcing these Regulations under regulation 56 (enforcement);
“essential requirements” means the requirements set out in regulation 6;
“EU declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) (EU declaration of conformity);
“European Commission” means the Commission of the European Union;
“harmful interference” has the meaning set out in point (r) of Article 2 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services F12 (as amended from time to time);
“harmonised standard” has the meaning set out in Article 2(1)(c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation F13 (as amended from time to time);
“importer” means any person who—
1. a
  is established within the F42relevant market; and
2. b
  places radio equipment from a F43market outside of the relevant market on the relevant market;
“make available on the market” means any supply for distribution, consumption or use of radio equipment on the F45relevant market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;
“manufacturer” means a person who—
1. a
  manufactures radio equipment or has radio equipment designed or manufactured; and
2. b
  markets that radio equipment under that person's name or trade mark;
“market surveillance authority” has the meaning set out in regulation 55 (designation of market surveillance authorities”);
“national accreditation body” has the meaning set out in point 11 of Article 2 of RAMS (as amended from time to time);
F44“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“notified body requirements” means the requirements set out in Schedule 8 (notified body requirements);
“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 F14;
“Official Journal” means the Official Journal of the European Union;
“place on the market” means the first making available on the F46relevant market of radio equipment, and related expressions must be construed accordingly;
“put into service” means the first use of radio equipment in the F47relevant market by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;
“radiodetermination” means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves;
“radio communication” means communication by means of radio waves;
“radio equipment” means—
1. a
  an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or
2. b
  an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination;
“radio waves” means electromagnetic waves of frequencies lower than 3,000 GHz, propagated in space without artificial guide;
“RAMS” means Regulation (EC) No 765/2008F15 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;
“recall” means taking any measure aimed at achieving the return of radio equipment that has already been made available to the end-user and related expressions must be construed accordingly;
“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 41 (conformity assessment procedures);
“relevant economic operator” means, in relation to radio equipment, an economic operator with obligations in respect of that radio equipment under Part 2;
F48“relevant market” means—
1. (a)
  the market in Northern Ireland; and
2. (b)
  the market of the EEA states;
F48“relevant state” means—
1. (a)
  Northern Ireland; or
2. (b)
  any EEA state;
“technical documentation” has the meaning set out in regulation 45 (technical documentation);
“technical specification” means a document that prescribes technical requirements to be fulfilled by radio equipment;
F51“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;
“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 F16;
“withdraw” means taking any measure aimed at preventing radio equipment in the supply chain from being made available on the market and related expressions must be construed accordingly.

2

In these Regulations, a reference to radio equipment being “in conformity with Part 2” means that—

a

the radio equipment is in conformity with the essential requirements, and

8

In this regulation, a reference to a “product” is a reference to radio equipment to which these Regulations apply.

9

The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies referred.

10

Regulations made under paragraph (9) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

ScopeE873

1

These Regulations apply to radio equipment.

2

These Regulations do not apply to—

a

radio equipment which has been placed on the market before the commencement date,

b

equipment listed in Schedule 1 (radio equipment outside the scope of these Regulations), or

c

radio equipment exclusively used for activities concerning public security, defence, State security (including the economic well-being of the State) or the activities of the State in the area of criminal law.

3

Save as provided for in regulation 6(1)(a), radio equipment falling within the scope of these Regulations are not subject to F56... the Electrical Equipment (Safety) Regulations 2016 M6.

4

Save as provided for in regulation 6(1)(b), radio equipment falling within the scope of these Regulations are not subject to F57... the Electromagnetic Compatibility Regulations 2016 M7.

ScopeE883

1

These Regulations apply to radio equipment.

2

These Regulations do not apply to—

a

radio equipment which has been placed on the market before the commencement date,

b

equipment listed in Schedule 1 (radio equipment outside the scope of these Regulations), or

c

3

Save as provided for in regulation 6(1)(a), radio equipment falling within the scope of these Regulations are not subject to Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits F222 or the Electrical Equipment (Safety) Regulations 2016 F223.

4

Save as provided for in regulation 6(1)(b), radio equipment falling within the scope of these Regulations are not subject to Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility or the Electromagnetic Compatibility Regulations 2016 F224.

Exception for trade fairs and exhibitions4

Where paragraph (4) applies, radio equipment must be constructed so that it complies with the requirements of Article 1 of Commission Delegated Regulation (EU) 2019/320 supplementing Directive 2014/53/EU of the European Parliament and of the Council with regard to the application of the essential requirements referred to in Article 3(3)(g) of that Directive in order to ensure caller location in emergency communications from mobile devices.

4

This paragraph applies to radio equipment in the form of hand-held mobile telephones with features similar to those of a computer in terms of capability to treat and store data.

may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and

b

are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

CHAPTER 2Manufacturers

Design and manufacture in accordance with essential requirements7

Before placing radio equipment on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements.

Construction must allow operation F63without infringement of requirementsE238

Before placing radio equipment on the market, a manufacturer must ensure it has been constructed so that the radio equipment can be operated F64... without causing an infringement of the applicable requirements on the use of the radio spectrum F64....

Construction must allow operation in at least one F65relevant StateE248

Before placing radio equipment on the market, a manufacturer must ensure it has been constructed so that the radio equipment can be operated in at least one F66relevant state without causing an infringement of the applicable requirements on the use of the radio spectrum in the relevant F66relevant state or F67relevant states.

Technical documentation and conformity assessment9

Before placing radio equipment on the market, a manufacturer must—

a

draw up the relevant technical documentation in accordance with regulation 45 (technical documentation), and

b

ensure the relevant conformity assessment procedure is carried out.

F68Declaration of conformity and F69UK markingE2510

b

another element which allows the radio equipment to be identified.

2

Before placing radio equipment on the market, a manufacturer must indicate on the radio equipment—

a

the name, registered trade name or registered trade mark of the manufacturer,

b

a postal address at which the manufacturer can be contacted.

3

The information specified in paragraph (2) must be in a language which can be easily understood by end-users and the F80enforcing authority.

4

Where the size or nature of the radio equipment prohibits a manufacturer from complying with the requirement in paragraph (1) or paragraph (2), the manufacturer must provide the required information either on the radio equipment's packaging or in a document which accompanies the radio equipment.

5

The manufacturer's postal address must indicate a single point at which the manufacturer can be contacted.

Identification of the radio equipment and manufacturerE2812

1

Before placing radio equipment on the market, a manufacturer must ensure that the radio equipment bears—

a

a type, batch or serial number, or

b

another element which allows the radio equipment to be identified.

2

Before placing radio equipment on the market, a manufacturer must indicate on the radio equipment—

a

the name, registered trade name or registered trade mark of the manufacturer,

b

a postal address at which the manufacturer can be contacted.

3

The information specified in paragraph (2) must be in a language which can be easily understood by end-users and the competent national authority in the F79relevant state in which it is to be made available to such end-users.

4

5

The manufacturer's postal address must indicate a single point at which the manufacturer can be contacted.

Instructions and information to be included with the radio equipmentE2913

1

When placing radio equipment on the market, a manufacturer must ensure that radio equipment is accompanied with instructions and safety information which—

F83a

are clear, legible and in easily understandable English,

b

include information required to use the radio equipment in accordance with its intended use, F84and

c

include a description of accessories and components, including software, which allow the radio equipment to operate as intended F85.

F86d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In the case of radio equipment which can intentionally emit radio waves, the manufacturer must also include information about—

a

the frequency band or bands in which the radio equipment can operate, and

b

the maximum radio-frequency power transmitted in the frequency band or bands in which the radio equipment operates.

3

When placing radio equipment on the market, a manufacturer must ensure that each item of radio equipment is accompanied by either a copy of the F87... declaration of conformity or a simplified F87... declaration of conformity drawn up in accordance with regulation 43 (simplified F87... declaration of conformity).

F884

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Instructions and information to be included with the radio equipmentE3013

1

When placing radio equipment on the market, a manufacturer must ensure that radio equipment is accompanied with instructions and safety information which—

a

are in a language which can be easily understood by consumers and other end-users in the F81relevant state in which the radio equipment is to be made available to such consumers and other end-users,

b

include information required to use the radio equipment in accordance with its intended use,

c

include a description of accessories and components, including software, which allow the radio equipment to operate as intended, and

d

3

Paragraph (2)(b) of this Regulation applies to radio equipment placed on the market or after 8th August 2018.

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformityE3315

is one that was made during the period of 10 years beginning on the day that the manufacturer places the radio equipment on the market, and

b

must be accompanied by the reasons for making the request.

3

The information referred to in paragraph (1)—

a

i

complaints that radio equipment is not in conformity with Part 2,

ii

radio equipment which is not in conformity with Part 2, and

iii

radio equipment recalls, and

d

keep distributors informed of any monitoring carried out under this regulation.

2

A manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

F5Provision of information on compliance of combinations of radio equipment and software18A

1

In this regulation “product” means a combination of radio equipment and software allowing such radio equipment to be used as intended.

2

The Secretary of State may by regulations make provision requiring a manufacturer of a product to provide the Secretary of State with information on the compliance of the product with the essential requirements.

3

Regulations under paragraph (2) may—

a

specify categories or classes of product for which a manufacturer must provide information on compliance;

b

include requirements as to—

i

the identification of the radio equipment and software intended to be used in combination;

ii

the results of conformity assessment carried out in accordance with regulation 41(conformity assessment procedures);

iii

the form the information must take;

c

make provision for the information on compliance to be made available to the enforcing authorities; and

d

make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.

4

Regulations made under paragraph (2) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

F5Power to amend R14(2)(b) and specify how information is to be presented18B

1

In this regulation “product” means radio equipment types that fall within categories of radio equipment affected by a low level of compliance with the essential requirements.

2

The Secretary of State may by regulations make provision requiring a manufacturer, before placing a product on the market, to—

1

The Secretary of State may by regulations—

a

amend regulation 14(2)(b);

b

amend the Implementing Regulation;

c

make provision specifying the manner and form in which information concerning any restrictions or putting into service or requirements for authorisation of use must be presented.

2

Regulations made under paragraph (1)—

a

may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and

b

are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

if the authorised representative contravenes or fails to comply with any of those obligations, the authorised representative may be proceeded against as though the authorised representative was the manufacturer.

6

A manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, an obligation under these Regulations remains responsible for the proper performance of that obligation.

Authorised representativesE4019

1

A manufacturer may, by written mandate, appoint a person established within the F106relevant market as their authorised representative to perform specified tasks on that manufacturer's behalf.

2

The authorised representative must perform the tasks specified in the mandate.

3

The mandate must allow the authorised representative to do at least the following—

a

perform the manufacturer's obligations under regulation 11 (retention of technical documentation and EU declaration of conformity),

b

perform the manufacturer's obligations under regulation 16 (provision of information and cooperation).

4

The mandate must not include the obligations contained in—

a

regulation 7 (design and manufacture in accordance with essential requirements),

b

regulation 9 (technical documentation and conformity assessment), or

F228c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

a

as far as those obligations are concerned, references in these Regulations to the manufacturer are to be taken as including a reference to the authorised representative, and

b

6

CHAPTER 3Importers

Prohibition on placing on the market radio equipment which is not in conformity20

An importer must not place radio equipment on the market unless it is in conformity with the essential requirements.

Requirements which must be satisfied before an importer places radio equipment on the marketE4121

Before placing radio equipment on the market, an importer must ensure that—

a

a relevant conformity assessment has been carried out by the manufacturer,

b

that the radio equipment has been constructed so that it can be operated F107... without causing an infringement of the applicable requirements on the use of the radio spectrumF107...,

c

the manufacturer has drawn up the technical documentation,

d

the radio equipment—

i

bears the F108UK marking, and

ii

is accompanied by the information and documents referred to in regulations 13 (instructions and information to be included with the radio equipment) and 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use),

e

the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer).

Requirements which must be satisfied before an importer places radio equipment on the marketE4221

Before placing radio equipment on the market, an importer must ensure that—

a

a relevant conformity assessment has been carried out by the manufacturer,

b

that the radio equipment has been constructed so that it can be operated in at least one F109relevant state without causing an infringement of the applicable requirements on the use of the radio spectrum in the relevant F109relevant state or F110relevant states,

c

the manufacturer has drawn up the technical documentation,

d

the radio equipment—

i

bears the CE marking, and

ii

e

the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer).

Prohibition on placing on the market radio equipment considered not to be in conformity with the essential requirements22

1

Where an importer considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the importer must not place the radio equipment on the market.

2

Where the radio equipment presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importerC1 E4323

1

Before placing radio equipment on the market, an importer must indicate on the radio equipment—

a

the name, registered trade name or registered trade mark of the importer, and

b

a postal address at which the importer can be contacted.

2

The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the F111enforcement authority.

F1123

Paragraph (1) does not apply where—

a

either—

i

it is not possible to set out the information referred to in paragraph (1) on the radio equipment, or

ii

the importer has imported the radio equipment from an EEA state or Switzerland and places it on the market within the period of F229seven years beginning with IP completion day, and

b

before placing the radio equipment on the market, the importer sets out the information referred to in paragraph (1)-

i

on the packaging; or

ii

in a document accompanying the radio equipment.

Information identifying importerC2 E4423

1

Before placing radio equipment on the market, an importer must indicate on the radio equipment—

a

the name, registered trade name or registered trade mark of the importer, and

b

a postal address at which the importer can be contacted.

2

The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the F113relevant state in which it is to be made available to such end-users.

3

Where it is not possible to indicate the information specified in paragraph (1) on the radio equipment, the importer must indicate that information—

a

on the packaging, or

b

in a document accompanying the radio equipment.

Instructions and safety informationE4524

1

When placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information F114that are clear, legible and in easily understandable English.

F1152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Instructions and safety informationE4624

1

When placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the F116relevant state in which the radio equipment is to be made available to such consumers and other end-users.

2

Where the radio equipment is being made available to consumers and other end-users in F117Northern Ireland, the language which can be easily understood by consumers and other end-users is English.

Storage and transport25

Where an importer has responsibility for radio equipment, the importer must ensure that the conditions under which the radio equipment is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements.

Monitoring26

1

When appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, an importer must—

a

carry out sample testing of radio equipment made available by the importer on the market,

b

investigate complaints that radio equipment made available on the market by the importer is not in conformity with Part 2,

c

keep a register of—

i

complaints that radio equipment is not in conformity with Part 2,

ii

radio equipment which is not in conformity with Part 2, and

iii

radio equipment recalls, and

d

keep distributors informed of any monitoring carried out under this regulation.

2

An importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformityE4727

a copy of the EU declaration of conformity, and

b

the technical documentation.

evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

b

eliminate the risks posed by radio equipment which the importer has placed on the market.

evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),

b

eliminate the risks posed by radio equipment which the importer has placed on the market.

CHAPTER 4Distributors

Duty to act with due care30

When making radio equipment available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Requirements which must be satisfied before a distributor makes radio equipment available on the marketE5131

1

Before making radio equipment available on the market, the distributor must verify that—

a

the radio equipment—

i

bears the F125UK marking,

ii

is accompanied by the required documents,

iii

is accompanied by instructions and safety information F126which are clear, legible and in easily understandable English,

b

the manufacturer has complied with the requirements set out in—

i

regulation 8 (construction must allow operation F127without infringement of requirements),

ii

regulation 12 (identification of the radio equipment and manufacturer),

iii

regulation 13 (instructions and information to be included with the radio equipment),

iv

regulation 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use), and

c

the importer has complied with the requirements set out in regulation 23 (information identifying importer).

F1282

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In paragraph (1)(a)(ii), “required documents” means any documents that are required to be provided pursuant to regulations 12(4), 14 and 23(3).

Requirements which must be satisfied before a distributor makes radio equipment available on the marketE5231

1

Before making radio equipment available on the market, the distributor must verify that—

a

the radio equipment—

i

bears the CE marking,

ii

is accompanied by the required documents,

iii

is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the F129relevant state in which the radio equipment is to be made available on the market,

b

the manufacturer has complied with the requirements set out in—

i

regulation 8 (construction must allow operation in at least one F129relevant state),

ii

eliminate the risks posed by radio equipment which the distributor has made available on the market.

evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and

b

eliminate the risks posed by radio equipment which the distributor has made available on the market.

CHAPTER 5Importers and distributors

Cases in which obligations of manufacturers apply to importers and distributors36

An economic operator (“A”) who would, but for this regulation, be considered an importer or distributor, is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under Part 2, where A—

a

places radio equipment on the market under A's own name or trademark, or

b

modifies radio equipment already placed on the market in such a way that it may affect whether the radio equipment is in conformity with Part 2.

1

Subject to paragraph (2), regulation 36A ceases to have effect at the end of the period of F230four years beginning with IP completion day.

2

Notwithstanding the expiry of regulation 36A—

a

any radio equipment which was placed on the market pursuant to regulation 36A may continue to be made available on the market on or after the expiry of regulation 36A;

b

any obligation to which a person was subject under regulation 36A in respect of any radio equipment placed on the market pursuant to regulation 36A continues to have effect after the expiry of regulation 36A, in respect of that equipment.

F6Qualifying Northern Ireland Goods36C

1

Where paragraph (2) applies radio equipment is to be treated as being in conformity with Part 2.

2

This paragraph applies where—

a

radio equipment—

i

is in conformity with Part 2, as that Part applies in Northern Ireland; and

ii

is qualifying Northern Ireland goods; and

b

an importer has complied with the obligations set out in paragraph (3).

3

The obligations referred to in paragraph (2)(b) are that, before placing the product on the market, the importer—

a

complies with regulation 23;

b

ensures that—

i

the relevant conformity assessment procedure has been carried out in relation to the product;

ii

the manufacturer has drawn up the technical documentation; and

iii

the product bears the CE marking;

4

In this regulation—

“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;
“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
“relevant conformity assessment procedure” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;
“technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.

2

An economic operator must not affix to radio equipment a marking other than the CE marking which purports to attest that the radio equipment is in conformity with the essential requirements.

3

An economic operator must not affix to radio equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.

4

An economic operator must not affix to radio equipment any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.

PART 3Conformity assessment

3

In relation to the assessment of compliance with regulation 6(1)(a), the conformity assessment must also take into account all reasonably foreseeable conditions.

4

In relation to the assessment of compliance with regulation 6(1)(a) or (b), one of the following procedures must be used—

a

internal production control set out in Schedule 2 (conformity assessment module A),

b

F144...type examination that is followed by the conformity to type based on internal production control set out in Schedule 3 (conformity assessment modules B and C),

c

conformity based on full quality assurance set out in Schedule 4 (conformity assessment module H).

5

In relation to the assessment of compliance with regulation 6(2), where the manufacturer has applied F145designated standards, F147... the manufacturer must use one of the procedures in paragraph (4) for the conformity assessment.

6

In relation to the assessment of compliance with regulation 6(2), where the manufacturer has not applied or has only partly applied F146designated standards, F148... or where F146designated standards do not exist, the manufacturer must use the procedure in either paragraph (4)(b) or paragraph (4)(c).

contain the elements specified and have the model structure set out in Schedule 6 (EU declaration of conformity) for the relevant conformity assessment procedure followed in respect of that radio equipment.

Simplified F152... declaration of conformityE9443

1

Where only a simplified F153... declaration of conformity is provided pursuant to regulation 13(3), it must contain the elements specified and have the model structure set out in Schedule 7 (simplified F153... declaration of conformity).

2

The full text of the F153... declaration of conformity must be made available at the internet address referred to in the simplified F153... declaration of conformity.

Simplified EU declaration of conformityE9343

1

Where only a simplified EU declaration of conformity is provided pursuant to regulation 13(3), it must contain the elements specified and have the model structure set out in Schedule 7 (simplified EU declaration of conformity).

2

The full text of the EU declaration of conformity must be made available at the internet address referred to in the simplified EU declaration of conformity.

by the F154approved body itself, or

b

under the instructions of the F154approved body, by the manufacturer or the manufacturer's authorised representative.

CE markingE6644

1

The CE marking must be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of the radio equipment.

2

The CE marking must be affixed visibly and legibly to the radio equipment packaging.

3

On account of the nature of the radio equipment, the height of the CE marking affixed to radio equipment may be lower than 5 mm, provided that the marking remains visible and legible.

4

When the conformity assessment procedure in Schedule 4 (conformity assessment module H) has been applied, the CE marking must be followed by the identification number of the notified body which carried out the relevant conformity assessment procedure for the radio equipment.

5

The identification number in paragraph (4) must have the same height as the CE marking and be affixed—

a

by the notified body itself, or

b

under the instructions of the notified body, by the manufacturer or the manufacturer's authorised representative.

F7UK(NI) indication44A

1

Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the radio equipment, in accordance with this regulation.

2

The UK(NI) indication must be affixed—

a

visibly, legibly and indelibly; and

b

before the radio equipment is placed on the market in Northern Ireland.

3

The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 44.

4

The UK(NI) indication must be affixed by—

a

the manufacturer; or

b

the manufacturer's authorised representative.

5

When placing radio equipment on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

F7Register of notified bodies established in the United Kingdom44B

1

The Secretary of State must ensure that—

a

each notified body established in the United Kingdom is assigned an identification number; and

b

there is a register of—

i

notified bodies established in the United Kingdom;

ii

their notified body identification number;

iii

the activities for which they have been notified;

iv

any restrictions on those activities.

2

The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

3

The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).

Technical documentationE6745

1

The technical documentation produced by the manufacturer for the radio equipment must contain all the relevant data or details of the means used by the manufacturer to ensure that the radio equipment complies with the essential requirements.

2

The technical documentation in paragraph (1) must—

a

contain, at least, the elements set out in Schedule 5 (contents of technical documentation),

b

be drawn up before the radio equipment is placed on the market, and

c

be continuously updated.

F1623

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Where the technical documentation does not comply with the requirements in F163paragraphs (1) and (2) and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements.

Technical documentationE6845

1

2

The technical documentation in paragraph (1) must—

a

contain, at least, the elements set out in Schedule 5 (contents of technical documentation),

b

be drawn up before the radio equipment is placed on the market, and

c

be continuously updated.

3

The technical documentation in paragraph (1) and correspondence relating to any EU-type examination procedure must be drawn up in an official language of the F161relevant state in which the notified body is established or in a language acceptable to that body.

4

Where the technical documentation does not comply with the requirements in paragraphs (1), (2) or (3) and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements.

PART 4F2Notification of conformity assessment bodiesF2Approval of conformity assessment bodies

Annotations:

Amendments (Textual)

Pt. 4 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 36 (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(r)(iv)(v)); 2020 c. 1, Sch. 5 para. 1(1)

F2Approved bodiesE146

1

An approved body is a conformity assessment body which—

a

has been approved by the Secretary of State pursuant to the procedure set out in regulation 47 (approval of conformity assessment bodies); or

b

immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulations 52(1) or (2), as they had effect immediately before IP completion day, to suspend or withdraw the body's status as a notified body.

2

Paragraph (1) has effect subject to regulation 50 (restriction, suspension or withdrawal of approval).

3

In this Part—

“notified body” means a body—
1. a
  which the Secretary of State had before IP completion day notified to the European Commission and the Member States of the European Union, in accordance with Article 22 of the Directive; and
2. b
  in respect of which no objections had been raised, as referred to in regulation 46(1)(b) as it had effect immediately before IP completion day;
“approved body requirements” means the requirements set out in Schedule 8.

1

The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

2

A conformity assessment body qualifies for approval if the first and second conditions below are met.

3

The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by—

a

a description of—

i

the conformity assessment activities that the conformity assessment body intends to carry out;

ii

the conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

iii

the radio equipment in respect of which the conformity assessment body claims to be competent; and

b

either—

i

an accreditation certificate; or

ii

the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

4

The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

5

For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

6

When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may—

a

have regard to any other matter which appears to the Secretary of State to be relevant; and

b

set conditions that the conformity assessment body must meet.

7

For the purposes of this regulation “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.

NotificationE447

1

The Secretary of State may notify to the European Commission and the other F169relevant states only those conformity assessment bodies that qualify for notification.

2

A conformity assessment body qualifies for notification if the first and the second conditions below are met.

3

The first condition is that the conformity assessment body applied to the Secretary of State to become a notified body and that application was accompanied by—

a

a description of—

i

the conformity assessment activities that the body intends to carry out,

ii

the conformity assessment module or modules for which the body claims to be competent, and

iii

the radio equipment for which the body claims to be competent, and

b

either—

i

an accreditation certificate, or

ii

the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the body's compliance with the notified body requirements.

4

The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.

5

6

When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other F169relevant states, the Secretary of State may—

a

have regard to any other matter which appears to the Secretary of State to be relevant, and

b

set conditions that the conformity assessment body must meet.

7

The Secretary of State must inform the European Commission of the United Kingdom's procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures.

F2Presumption of conformity of approved bodiesE548

1

Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

2

The presumption in paragraph (1) is rebuttable.

Presumption of conformity of notified bodiesE648

1

Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the Official Journal, the Secretary of State must presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard).

2

The presumption in paragraph (1) is rebuttable.

F2MonitoringE749

The Secretary of State must monitor each approved body with a view to verifying that the body—

a

continues to meet the approved body requirements;

b

meets any conditions set—

i

in accordance with regulation 47(6)(b); or

ii

in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 47(6)(b), as it applied immediately before IP completion day; and

c

carries out its functions in accordance with these Regulations.

Contents of notificationE849

A notification under regulation 47 (notification) must include—

a

details of—

i

the conformity assessment activities,

ii

the conformity assessment module,

iii

the radio equipment,

in respect of which the conformity assessment body has been approved by the Secretary of State for notification, and

b

either—

i

an accreditation certificate, where the notification is based on the accreditation, or

ii

documentary evidence which attests to the conformity assessment body's competence, and to the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to meet the notified body requirements.

F2Restriction, suspension or withdrawal of approvalE950

1

Where the Secretary of State determines that an approved body—

a

no longer meets an approved body requirement, or

b

is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 49(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 46 (approved bodies).

2

Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 49(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 46.

3

In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

4

Before taking action under paragraph (1) or (2), the Secretary of State must—

a

give notice in writing to the approved body of the proposed action and the reasons for it;

b

give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

c

consider any such representations made by the approved body.

5

Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State—

a

transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

b

keep its files relating to the activities it has undertaken as an approved body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.

6

The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.

MonitoringE1050

1

The Secretary of State must monitor each notified body with a view to verifying that the notified body—

a

continues to meet the notified body requirements,

b

meets any conditions set in accordance with regulation 47(6)(b), and

c

carries out its functions in accordance with these Regulations.

2

The Secretary of State must inform the European Commission of the United Kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures.

assessing whether a conformity assessment body meets the notified body requirements,

b

monitoring notified bodies in accordance with regulation 50 (monitoring).

F2Subsidiaries and contractorsE1352

1

An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—

a

the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

b

the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

c

the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

2

The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

3

Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

a

the assessment of the qualifications of the subcontractor or the subsidiary; and

b

the conformity assessment activity carried out by the subcontractor or subsidiary.

4

In this regulation, “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.

1

The Secretary of State must—

a

assign an approved body identification number to each approved body; and

b

compile and maintain a register of—

i

approved bodies;

ii

their approved body identification numbers;

iii

the activities for which they have been approved; and

iv

any restrictions on those activities.

2

The register referred to in paragraph (1) must be made publicly available.

Operational obligations of notified bodiesE1653

When a notified body carries out a relevant conformity assessment procedure, Schedule 9 (operational obligations of notified bodies) has effect.

F2UK national accreditation bodyE1754

The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

a

assessing whether a conformity assessment body meets the approved body requirements;

b

monitoring approved bodies in accordance with regulation 49; and

c

compiling and maintaining the register of approved bodies, in accordance with regulation 53.

When a market surveillance authority carries out market surveillance under these Regulations, Part 2 of Schedule 10 (notices which may be served by enforcing authorities) has effect.

Designation of enforcing authorities56

1

It is the duty of the following authorities to enforce these Regulations and RAMS (in its application to radio equipment)—

a

in Great Britain—

i

OFCOM, insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum,

ii

within their area, the weights and measures authorities.

b

in Northern Ireland—

i

OFCOM, insofar as action taken to enforce these Regulations relates to the protection and management of the radio spectrum,

ii

within their area, the district councils.

2

The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to radio equipment).

3

In Scotland, only the Lord Advocate may commence proceedings for an offence.

e

require the person on whom the notice is served to—

i

take the necessary action to ensure that the radio equipment to which the notice relates conforms with the requirements of these Regulations and RAMS concerning the CE marking and to end the infringement by the date specified in the notice, or

ii

f

5

6

In this regulation, “enforcement officer” means—

a

an officer of an enforcing authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this Part,

b

a person appointed by the Secretary of State who is authorised in writing by the Secretary of State to act as an enforcement officer for the purposes of this Part.

Exercise of enforcement powers58

When enforcing these Regulations, the enforcing authority must exercise its powers in a manner which is consistent with—

a

regulation 59 (evaluation of radio equipment presenting a risk),

b

regulation 60 (enforcement action in respect of radio equipment which is not in conformity and which presents a risk),

c

~~F172regulation 61 (EU safeguard procedure),~~

d

regulation 62 (enforcement action in respect of radio equipment which is in conformity, but presents a risk),

e

regulation 63 (enforcement action in respect of formal non-compliance),

f

regulation 64 (restrictive measures).

Evaluation of radio equipment presenting a risk59

1

Where a market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority must carry out an evaluation in relation to the radio equipment covering the relevant requirements of Part 2 applying in respect of that radio equipment.

2

Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority may carry out an evaluation in relation to the radio equipment covering the relevant requirements of Part 2 applying in respect of that radio equipment.

Enforcement action in respect of radio equipment which is not in conformity and which presents a riskE7160

1

Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—

a

take appropriate corrective actions to bring the radio equipment into conformity with those requirements,

b

withdraw the radio equipment, or

c

f

whether the lack of conformity is due to either of the following—

i

failure of the radio equipment to meet the essential requirements, or

ii

shortcomings in the F175designated standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.

Enforcement action in respect of radio equipment which is not in conformity and which presents a riskE7260

1

a

take appropriate corrective actions to bring the radio equipment into conformity with those requirements,

b

withdraw the radio equipment F177from Northern Ireland, or

c

ii

shortcomings in the harmonised standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.

EU safeguard procedureF18761

1

~~Where another~~ ~~F188relevant state~~ has initiated the procedure under Article 40 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

a

~~any measure taken by the enforcing authority in respect of the radio equipment, and~~

b

~~any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the radio equipment.~~

2

~~Where another~~ ~~F189relevant state~~ ~~has initiated the procedure under Article 40 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other~~ ~~F190relevant states~~ ~~of—~~

a

~~any measure taken by an enforcing authority~~ ~~F191in Northern Ireland~~ ~~in respect of the radio equipment,~~

b

~~any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the radio~~ ~~F192equipment.~~

F193c

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

3

~~Where a measure taken by another~~ ~~F194relevant state~~ in respect of radio equipment is deemed justified under Article 40(7) of the Directive (as amended from time to time) (no objections raised by Member States or the European Commission in respect of a provisional measure taken by an enforcing authority), the market surveillance authority must ensure that appropriate measures, such as withdrawal or recall, are taken ~~F195in Northern Ireland~~ ~~in respect of the radio equipment without delay.~~

4

~~Where a measure taken by another~~ ~~F196relevant state~~ in respect of radio equipment is considered justified by the European Commission under Article 41(1) of the Directive (as amended from time to time) (consideration by the European Commission of objections raised by a Member State about, or compatibility with EU law of, measures taken by an economic operator, or a provisional measure taken by an enforcing authority), the market surveillance authority must take the necessary measures to ensure that the radio equipment is withdrawn or recalled from ~~F197market in Northern Ireland~~.

5

~~Where the market surveillance authority is not the Secretary of State and the market surveillance authority has taken action under paragraph (3) or (4), it must inform the Secretary of State.~~

6

~~Where the Secretary of State receives notification under paragraph (5) or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken~~ ~~F198in respect of Northern Ireland~~.

F1997

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcing authority must take appropriate measures to—

a

restrict or prohibit corresponding radio equipment being made available on the market,

b

ensure that the radio equipment is withdrawn, or

c

ensure that the radio equipment is recalled.

4

This regulation does not apply where radio equipment presents a risk.

Restrictive measures64

When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS (as amended from time to time) in relation to any measure to—

a

prohibit or restrict radio equipment being made available on the market,

b

withdraw radio equipment, or

c

recall radio equipment.

Offences65

1

It is an offence for a person to contravene or fail to comply with any requirement of regulations 7 to 15, 16(4), 17 and 18, 20 to 28, 29(4), 30 to 34, 35(4).

2

It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

PenaltiesE7766

1

Subject to paragraph (2), a person guilty of an offence under regulation 65 is liable on summary conviction—

a

in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both,

b

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.

2

A person guilty of an offence under F1regulations 11, 16, 28, 29 and 35 is liable on summary conviction—

a

in England and Wales, to a fine,

b

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

PenaltiesE7866

1

Subject to F213paragraphs (2) and (3), a person guilty of an offence under regulation 65 is liable on summary conviction—

a

in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both,

b

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.

2

A person guilty of an offence under F212regulations 11, 16, 28, 29 and 35 is liable on summary conviction—

a

in England and Wales, to a fine,

b

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

F2143

A person guilty of an offence under regulation 65(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

to the act or default of another person, or

b

to reliance on information supplied by another person.

Liability of persons other than principal offender68

1

Where the commission of an offence by one person (“A”) under regulation 65 (offences) is due to anything which another person (“B”) did or failed to do in the course of business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.

2

Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed—

a

with the consent or connivance of the relevant person, or

b

as a result of the negligence of the relevant person.

3

In paragraph (2), “relevant person” means—

a

a director, manager, secretary or other similar officer of the body corporate,

b

in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions,

c

in relation to a Scottish partnership, a partner, or

d

a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Time limit for prosecution of offences69

1

Subject to paragraph (4), in England and Wales an information relating to an offence under regulation 65 (offences) that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

2

Subject to paragraph (4), in Scotland—

a

summary proceedings for an offence under regulation 65 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge,

b

section 136(3) of the Criminal Procedure (Scotland) Act 1995 M8 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

3

Subject to paragraph (4), in Northern Ireland summary proceedings for an offence under regulation 65 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

4

No proceedings may be brought more than 3 years after the commission of the offence.

5

For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to in paragraphs (1), (2) or (3) came to light, is conclusive evidence.

Service of documents70

1

Any document required or authorised by these Regulations to be served on a person may be served by—

a

delivering it to that person in person,

b

leaving it at that person's proper address, or

c

sending it by post or electronic means to that person's proper address.

2

In the case of a body corporate, a document may be served on a director of that body.

3

In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

4

For the purposes of this regulation, “proper address” means—

a

in the case of a body corporate or its director—

i

the registered or principal office of that body, or

ii

the email address of the secretary or clerk of that body,

b

in the case of a partnership, a partner or person having control or management of the partnership business—

i

the principal office of the partnership, or

ii

the email address of a partner or person having that control or management,

c

in any other case, a person's last known address, which includes an email address.

5

If a person to be served with a document has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address.

6

In this regulation, “partnership” includes a Scottish partnership.

Recovery of expenses of enforcement71

1

This regulation applies where a person commits an offence under regulation 65 (offences).

2

The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.

Action by enforcing authority72

1

An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—

a

the enforcing authority has been unable to identify any economic operator on whom to serve such a notice, or

b

the economic operator on whom such a notice has been served has failed to comply with it.

2

If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.

3

A civil debt recoverable under paragraph (2) may be recovered summarily—

a

in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 M9,

b

in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981 M10.

1

In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 73 (appeals against notices) is—

a

the court in which proceedings have been brought in relation to the radio equipment for an offence under regulation 65 (offences),

b

in any other case, a magistrates' court.

2

In Scotland, the appropriate court for the purposes of regulation 73 is the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office.

3

A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 73, or by a decision of such a court not to make such an order, may appeal against that order or decision—

a

in England and Wales, to the Crown Court,

b

in Northern Ireland, to the county court.

Compensation75

d

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

6

In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

ReviewE8076

1

The Secretary of State must from time to time—

a

carry out a review of the regulatory provision contained in these Regulations, and

b

publish a report setting out the conclusions of the review.

2

The first report must be published before the end of the period of 5 years beginning with the commencement date.

3

Subsequent reports must be published at intervals not exceeding 5 years.

4

Section 30(3) of the Small Business, Enterprise and Employment Act 2015 F215 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other F216relevant states.

5

Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

a

set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),

b

assess the extent to which those objectives are achieved,

c

assess whether those objectives remain appropriate, and

d

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

6

In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

F8Transitional provision in relation to EU Exit76A

1

In this regulation—

“pre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day;
“product” means radio equipment to which these Regulations apply.

2

Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 29 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

3

Paragraph (2) does not apply to—

a

any obligation of any enforcing authority to inform the European Commission or the Member States of any matter; or

b

any obligation to take action outside of the market in respect of that product.

4

Where during the pre-exit period—

a

a product has not been placed on the market; and

b

a manufacturer has taken any action under regulation 41 as it had effect immediately before IP completion day in relation to that product,

that action has effect as if it had been done under regulation 41 as it has effect on and after IP completion day.

F2335

Subject to paragraph (6), where before 11pm on 31st December 2024—

a

a product has not been placed on the market or put into service; and

b

b

is placed on the market on or before the commencement date.

Revocations and savingsE8378

1

Subject to paragraph (2), the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 M12 are revoked.

F2202

The Regulations referred to in paragraph (1) continue to apply, as if they had not been revoked, to any equipment placed on the market in accordance with those Regulations before the commencement date, subject to the modifications made in paragraph (2A).

F2212A

The modifications referred to in paragraph (2) are as follows—

a

references to the Community are to be read as including the United Kingdom;

b

except where “Member State” first appears in regulation 14 (notified bodies), references to Member State are to be read as including the United Kingdom;

c

the references to European Union and EEA State in regulation 14 are both to be read as including the United Kingdom;

d

regulation 18A (duty of enforcement authority to inform Secretary of State of action taken), is to be read without the words “, with a view to this information being passed by her to the Commission.”;

e

Schedule 5 applies as if paragraph 6 were omitted.

3

In relation to radio equipment placed on the market before the commencement date, the amendments in regulations 79 and 80 do not apply.

Revocations and savingsE8478

1

a

omit the entry “paragraph 1(1)(b) or (2)(b) or 2 of Schedule 9 to the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (SI 2000/730)”, and

b

at the appropriate place insert—

regulation 56(1)(a)(ii) or (b)(ii) or (2) of the Radio Equipment Regulations 2017 (S.I. 2017/1206)

81

1

The Electromagnetic Compatibility Regulations 2016 M15 are amended as follows.

2

In regulation 2 (interpretation)—

a

in paragraph (1), omit the definition of “notified body”, and

b

after paragraph (4), insert—

5
In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedules 5 (requirements for notified bodies) and 6 (operational obligations of notified bodies)), “notified body” means—
a
a notified body within the meaning set out in regulation 43 (notified bodies), or
b
a notified body under the laws of any other Member State which implements the Directive.

3

In regulation 52 (designation of enforcing authorities) omit paragraph (4).

82

1

The Pressure Equipment (Safety) Regulations 2016 M16 are amended as follows.

2

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

for the definition of “authorised representative” substitute—

“authorised representative” means a person established within the EU appointed in accordance with regulation 19(1) (manufacturer's authorised representative);

ii

omit the definition of “notified body”, and

b

after paragraph (6), insert—

7
In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedules 4 (notified body requirements) and 6 (operational obligations of notified bodies, recognised third party organisations and user inspectorates)), “notified body” means—
a
a notified body within the meaning set out in regulation 51 (notified bodies), or
b
a notified body under the laws of any other Member State which implement the Directive.

83

1

The Simple Pressure Vessels (Safety) Regulations 2016 M17 are amended as follows.

2

In regulation 2 (interpretation)—

a

in paragraph (4), omit the definition of “notified body”, and

b

after paragraph (6), insert—

7
In these Regulations (except Part 4 (notification of conformity assessment bodies) and Schedule 4 (notified bodies), “notified body” means—
a
a notified body within the meaning set out in regulation 45 (notified bodies), or
b
a notified body under the laws of any other Member State which implements the Directive.

84

1

The Electrical Equipment (Safety) Regulations 2016 M18 are amended as follows.

2

In paragraph (1) of regulation 2, for the definition of “authorised representative” substitute—

“authorised representative” means a person established within the EU appointed in accordance with regulation 14 (manufacturer's authorised representatives);

3

In paragraph (3) of regulation 3, for “apparatus covered by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000” substitute “ equipment covered by the Radio Equipment Regulations 2017 ”.

4

In regulation 29 (duty to take action in respect of electrical equipment placed on the market which is not considered to be in conformity)—

a

in the title of the regulation, for “placed” substitute “ made available ”,

b

in paragraph (1), for “placed” substitute “ made available ”.

85

1

The Recreational Craft Regulations 2017 M19 are amended as follows.

2

In regulation 29 (duty not to place a product on the market where the distributor suspects that it is not in conformity)—

a

in the title of the regulation, for “place a product” substitute “ make a product available ”,

b

in paragraph (1), for “place the product” substitute “ make the product available ”.

Margot James Minister for Small Business, Consumer and corporate Responsibility Department for Business, Energy & Industrial Strategy