The Electromagnetic Compatibility Regulations 2016

Type Statutory-Instrument
Publication 2016-11-15
Last updated 2024-10-01
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API
265

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

266

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

267

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

268

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

269

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

270

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

271

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

272

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

273

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

274

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

275

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

276

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

277

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

278

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

279

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

280

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

281

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

282

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

283

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

284

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

285

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

286

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

287

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

288

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

289

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

290

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

291

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

292

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

293

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

294

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

295

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

296

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

297

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

298

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

299

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

300

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

301

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

302

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

303

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

304

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

305

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

306

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

307

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

308

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

309

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

310

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

311

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

312

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

313

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

314

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

315

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

316

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

317

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

318

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

319

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

320

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

321

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

322

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

323

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

324

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

325

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

326

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

327

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

328

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

329

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

330

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

331

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

332

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

333

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

334

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

335

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

336

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

337

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

338

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

339

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

340

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

341

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

342

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

343

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

344

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

345

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

346

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

347

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

348

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

349

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

350

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

351

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

352

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

353

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

354

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

355

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

356

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

357

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

358

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

359

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

360

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

361

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

362

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

363

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

364

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

365

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

394

OJ L 390, 31.12.2004, p. 24.

395

Designated standard

2A
  • (1) Subject to paragraphs (6) and (7), in these Regulations a “designated standard” means a technical specification which is—
  • (a) adopted by a recognised standardisation body or 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; and
  • (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).
  • (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 manner of 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 such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant.
  • (6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with 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 apparatus to which these Regulations apply.
  • (9) The Secretary of State may by regulation amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.
  • (10) Regulations made under paragraph (9) are to be made by statutory instrument.
  • (11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.

Application

Disapplication where more specific obligations apply

3A
  • (1) Each provision of these Regulations does not apply to equipment if, or to the extent that, paragraph (2) applies.
  • (2) This paragraph applies where any NI Protocol obligation, other than any obligation in relation to the Directive, applies to the equipment and makes more specific provision than the Directive in relation to the conformity of the equipment with the essential requirements.

Application of safety legislation

Exhibition at trade fairs

Making available or putting into service

Declaration of conformity and UK marking

Prohibition on improper use of UK marking

Obligations which are met by complying with obligations in the Directive

38A
  • (1) In this regulation—
  • (a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;
  • (b) “CE marking” has the meaning given to it in Article 3(25);
  • (c) “harmonised standard” has the meaning given to it in Article 3(17).
  • (2) Paragraph (3) applies where, before placing apparatus on the market, the manufacturer—
  • (a) ensures that the apparatus has been designed and manufactured in accordance with the essential requirements set out in Annex I;
  • (b) draws up the technical documentation relating to such apparatus referred to in Annex III;
  • (c) ensures that the relevant conformity assessment procedure relating to such apparatus referred to in Article 14 has been carried out;
  • (d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English;
  • (e) affixes a CE marking, in accordance with Articles 16 and 17(1) to (2);
  • (f) draws up an EU declaration of conformity, in accordance with Article 15; and
  • (g) ensures that the EU declaration of conformity is prepared in or translated into English.
  • (3) Where this paragraph applies—
  • (a) the requirements of regulations 8, 9, 10(1)(a) and (b) and (3) and 42(1) are to be treated as being satisfied;
  • (b) regulations 2(2)(a), 10(2), 11, 12, 38(2) and 35 apply subject to the modifications in paragraph (8);
  • (c) Part 3 does not apply; and
  • (d) regulation 59 does not apply.
  • (4) Paragraph (5) applies where, before placing a category apparatus on the market, the importer ensures that—
  • (a) the relevant conformity assessment procedure referred to in Article 14 has been carried out;
  • (b) the manufacturer has drawn up the technical documentation referred to in Annex III; and
  • (c) the apparatus bears the CE marking.
  • (5) Where this paragraph applies—
  • (a) the requirements of regulation 18(a) to (c) are to be treated as being satisfied; and
  • (b) regulations 2(2)(a), 17, 19(1), 22 and 24 apply subject to the modifications in paragraph (8).
  • (6) Paragraph (7) applies where, before making apparatus available on the market, a distributor ensures that the apparatus bears the CE marking.
  • (7) Where this paragraph applies—
  • (a) regulation 27(1)(a) is to be treated as being satisfied; and
  • (b) regulations 2(2)(a), 28(1) and 29 apply subject to the modifications in paragraph (10).
  • (8) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (9)(b) are that—
  • (a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;
  • (b) any reference to “UK marking” is to be read as a reference to the CE marking;
  • (c) any reference to “essential requirements” is to be read as a reference to the essential ... requirements referred to in Annex I;
  • (d) any reference to “designated standard” is to be read as a reference to a harmonised standard;
  • (e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 14;
  • (f) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex III.

Expiry of regulation 38A

38B
  • (1) In this regulation—
  • (a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;
  • (b) “harmonised standard” has the meaning given to it in Article 3(17).
  • (2) Paragraph (3) applies where, before placing apparatus on the market, the manufacturer—
  • (a) ensures that the apparatus has been designed and manufactured in accordance with the essential requirements set out in Annex I;
  • (b) draws up the technical documentation relating to such apparatus referred to in Annex III;
  • (c) ensures that the relevant conformity assessment procedure relating to such apparatus referred to in Article 14 has been carried out; and
  • (d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.
  • (3) Where this paragraph applies—
  • (a) the requirements of regulations 8 and 9 are to be treated as being satisfied;
  • (b) except for regulations 41 and 42, Part 3 does not apply;
  • (c) regulations 2(2)(a), 7, 11, 12, 17 to 19, 22, 24, 28, 29, 35(1), 41 and 59 apply subject to the modifications in paragraph (4);
  • (d) regulation 10 and Schedule 4 apply subject to the modifications in paragraphs (4) and (5);
  • (e) regulations 36 and 37 apply subject to the modifications in paragraph (6).
  • (4) The modifications referred to in paragraph (3)(c) and (d) are that—
  • (a) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Annex 1;
  • (b) any reference to “designated standard” is to be read as a reference to “harmonised standard”;
  • (c) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedure referred to in Article 14;
  • (d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III.
  • (5) The modifications referred to in paragraph (3)(d) are that—
  • (a) in regulation 10, the reference to “enactment” is to be read as including the Directive;
  • (b) in Schedule 4—
  • (i) in paragraph 5, the reference to “statutory requirements” is to be read as including the Directive;
  • (ii) in paragraph 7, the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook any conformity assessment procedure in accordance with Article 14.
  • (6) The modifications referred to in paragraph (3)(e) are that—
  • (a) in regulation 36 any reference to “paragraph 1 of Schedule 1” is to be read as a reference to paragraph 1 of Annex I;
  • (b) in regulation 37 any reference to “paragraph 2 of Schedule 1” is to be read as a reference to paragraph 2 of Annex I.

Qualifying Northern Ireland Goods

38C
  • (1) Where paragraph (2) applies, apparatus is to be treated as being in conformity with Part 2.
  • (2) This paragraph applies where—
  • (a) apparatus—
  • (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 apparatus on the market, the importer—
  • (a) complies with regulation 20;
  • (b) ensures that—
  • (i) the relevant conformity assessment procedure has been carried out in relation to the apparatus;
  • (ii) the manufacturer has drawn up the technical documentation; and
  • (iii) the apparatus 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” means the documentation a manufacturer must draw up, in accordance with regulation 9(b), as it applies in Northern Ireland.

Declaration of conformity

UK marking

UK(NI) indication

42A
  • (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 apparatus, in accordance with this regulation.
  • (2) The UK(NI) indication must be affixed—
  • (a) visibly, legibly and indelibly; and
  • (b) before apparatus 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 42.
  • (4) The UK(NI) indication must be affixed by—
  • (a) the manufacturer; or
  • (b) the manufacturer's authorised representative.
  • (5) When placing apparatus on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of UK notified bodies

42B
  • (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).

Approved bodies

Approval of conformity assessment bodies

Presumption of conformity of approved bodies

Monitoring

Restriction, suspension or withdrawal of approval

Operational matters in relation to approved bodies

Subsidiaries and contractors

Register of approved bodies

UK national accreditation body

Transitional provision in relation to EU Exit

74A
  • (1) In this regulation—
  • “pre-exit period” means the period beginning with 8th December 2016 and ending immediately before IP completion day;
  • “product” means electromagnetic 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 20 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 to 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 United Kingdom in respect of that product.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and savings

Consequential amendments

Electromagnetic compatibility assessment

Technical documentation

Manufacturing

CEUK marking and EU declaration of conformity

Authorised Representative

UK marking and ... declaration of conformity

EU declaration Declaration of conformity (No xxxx)

Further use of the UK marking

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.