The Radio Equipment Regulations 2017

PART 1U.K.Preliminary

Citation and commencementU.K.

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

Interpretation and applicationE+W+S

2.—(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987 M1;

[F1“approved body” has the meaning given to it in regulation 46 (approved bodies);]

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“authorised representative” means a person appointed in accordance with regulation 19;

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6“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;

[F7“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);]

[F7“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;

[F8“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;

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11“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;]

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13“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;]

[F14“importer” means a person who—

(a)

is established in the United Kingdom and places radio equipment from a country outside of the United Kingdom on the market; or

(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 [F15market 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—

(a)

manufactures radio equipment or has radio equipment designed or manufactured; and

(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”);

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 M3;

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“place on the market” means the first making available on the [F19market of Great Britain] of radio equipment, and related expressions must be construed accordingly;

“put into service” means the first use of radio equipment in [F20Great 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—

(a)

an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or

(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;

[F21“UK marking” means the marking in the form set out in Annex 2 of RAMS;]

[F21“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.

F22(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F23(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Marginal Citations

M2OJ L 153, 22.5.2014, p.62.

M4OJ L 218, 13.8.2008, p.30.

Interpretation and applicationN.I.

2.—(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987 F31;

“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 [F32relevant 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 [F33relevant 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 F34;

“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 F35;

“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 F36 (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 F37 (as amended from time to time);

“importer” means any person who—

(a)

is established within the [F38relevant market]; and

(b)

places radio equipment from a [F39market 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 [F40relevant] 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—

(a)

manufactures radio equipment or has radio equipment designed or manufactured; and

(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);

[F41“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 F42;

“Official Journal” means the Official Journal of the European Union;

“place on the market” means the first making available on the [F43relevant] market of radio equipment, and related expressions must be construed accordingly;

“put into service” means the first use of radio equipment in the [F44relevant 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—

(a)

an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or

(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 765/2008 F45 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;

[F46“relevant market” means—

(a)

the market in Northern Ireland; and

(b)

the market of the EEA states;]

[F46“relevant state” means—

(a)

Northern Ireland; or

(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;

[F47“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 F48;

“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.

(3) In these Regulations (except in Part 4 (notification of conformity assessment bodies) and Schedules 8 (notified body requirements) and 9 (operational obligations of notified bodies)), “notified body” means—

(a)a notified body within the meaning set out in regulation 46 (notified bodies), or

(b)a notified body under the laws of any other [F49relevant state] which implements the Directive.

(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.

F50(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F34OJ L 153, 22.5.2014, p.62.

F35OJ L 96, 29.3.2014, p.79.

F36OJ L 108, 24.04.2002, p.33.

F37OJ L 316, 14.11.2012, p.12.

F45OJ L 218, 13.8.2008, p.30.

F47Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 14(2)

[F24Designated standardE+W+S

2A.—(1) Subject to paragraphs (6) and (7), in these Regulations a reference to a “designated standard” means a technical specification which is—

(a)adopted by a recognised standardisation body [F25or an international standardising body], for repeated or continuous application, with which compliance is not compulsory; and

(b)designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a)the characteristics required of a product, including—

(i)levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;

(b)production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—

(a)the European Committee for Standardisation (CEN);

(b)the European Committee for Electrotechnical Standardisation (Cenelec);

(c)the European Telecommunications Standards Institute (ETSI);

(d)the British Standards Institution (BSI).

[F26(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]

(4) When considering whether the publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [F27such] technical specifications adopted by the other recognised standardisation bodies [F28or by international standardising bodies as the Secretary of State considers to be relevant].

(6) The Secretary of State may remove the reference to a standard from publication referred to in paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(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.]

Textual Amendments

ScopeE+W+S

3.—(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 F29... 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 F30... the Electromagnetic Compatibility Regulations 2016 M7.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Marginal Citations

ScopeN.I.

3.—(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 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 F51 or the Electrical Equipment (Safety) Regulations 2016 F52.

(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 F53.

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F51OJ L 96, 29.3.2014, p.357.

Exception for trade fairs and exhibitionsU.K.

4.—(1) Nothing in these Regulations prevents the display, of radio equipment which does not comply with these Regulations, at a trade fair, exhibition or similar event provided that a visible sign clearly indicates that the radio equipment—

(a)is not in conformity with Part 2, and

(b)may not be made available on the market or put into service until it has been brought into conformity with Part 2.

(2) Nothing in these Regulations prevents the demonstration, of radio equipment which does not comply with these Regulations, at a trade fair, exhibition or similar event provided that all reasonable measures have been taken to avoid harmful interference, electromagnetic disturbances and risk to health and safety of persons, domestic animals or property.

Putting into service and useE+W+S

5.—(1) Nothing in these Regulations prevents the putting into service and use of radio equipment in the United Kingdom which is in conformity with these Regulations when the radio equipment is properly installed, maintained and used for its intended purpose.

(2) Nothing in these Regulations prevents the application of additional requirements for the putting into service or use of radio equipment in the United Kingdom for reasons related to—

(a)the effective and efficient use of the radio spectrum,

(b)the avoidance of harmful interference,

(c)the avoidance of electromagnetic disturbances, or

(d)public health.

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Putting into service and useN.I.

5.—(1) Nothing in these Regulations prevents the putting into service and use of radio equipment in [F54Northern Ireland] which is in conformity with these Regulations when the radio equipment is properly installed, maintained and used for its intended purpose.

(2) Nothing in these Regulations prevents the application of additional requirements for the putting into service or use of radio equipment in [F54Northern Ireland] for reasons related to—

(a)the effective and efficient use of the radio spectrum,

(b)the avoidance of harmful interference,

(c)the avoidance of electromagnetic disturbances, or

(d)public health.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments