Statutory Instrument 1992 No. 2372

The Electromagnetic Compatibility Regulations 1992

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STATUTORY INSTRUMENTS

1992 No. 2372

ELECTROMAGNETIC COMPATIBILITY

The Electromagnetic Compatibility Regulations 1992

Made

5th October 1992

Laid before Parliament

7th October 1992

Coming into force

28th October 1992

ARRANGEMENT OF REGULATIONS

PART I
PRELIMINARY
1.	Citation and commencement
2.	Repeal and disapplication
3.	Interpretation
4.	Electromagnetic disturbance
5.	Protection requirements
PART II
APPLICATION

6.	Relevant apparatus
7.	General conditions of application
Modified application
8.	Educational electronic equipment
9.	Test apparatus
Transitional exclusions
10.	Apparatus supplied or taken into service before 28th October 1992
11.	Transitional exclusion until 31st December 1995 of apparatus which complies with such requirements as are in force in a member State on 30th June 1992
General exclusions
12.	Apparatus for export to a third country
13.	Excluded installations
14.	Spare parts
15.	Supply by manufacturer to authorised representative
16.	Second-hand apparatus
17.	Electromagnetically benign apparatus
Specific exclusions
18.	Apparatus for use in a sealed electromagnetic environment
19.	Radio amateur apparatus
20.	Military equipment
Apparatus wholly covered by other Directives
21.	Active implantable medical devices
22.	Medical devices
Apparatus partly covered by other Directives
23.	Electrical energy meters
24.	Spark-ignition engines of vehicles
25.	Spark-ignition engines of tractors
26.	Non-automatic weighing instruments
27.	Telecommunications terminal equipment
PART III
GENERAL REQUIREMENTS
28.	General duty for supply
29.	General duty for taking into service
30.	Requirements for supply
31.	Conformity assessment requirements—the three routes to compliance
32.	Presumption of conformity
33.	The CE mark
34.	EC declaration of conformity
35.	Retention of documentation
PART IV
THE STANDARDS ROUTE TO COMPLIANCE
36.	Application of Part IV
37.	The standards route to compliance
38.	Applicable EMC standards
39.	Publication of reference numbers of standards
40.	EC declaration of conformity pursuant to the standards route to compliance
PART V
THE TECHNICAL CONSTRUCTION FILE ROUTE TO COMPLIANCE
General
41.	Application of Part V
42.	Availability of the technical construction file route to compliance
43.	Technical construction files
44.	The technical construction file route to compliance
45.	Competent bodies
United Kingdom competent bodies
46.	Appointment
47.	Eligibility and verification
48.	Termination of appointment and transfer of functions
49.	Power of competent body other than the Secretary of State to charge fees
50.	Applications for technical reports and technical certificates
51.	Limitations on duty to exercise functions
52.	Contractors etc.
53.	Form of technical reports and technical certificates
54.	Conditions of technical reports or technical certificates
55.	Withdrawal of technical reports or technical certificates
56.	Procedure where a United Kingdom competent body is minded to make a decision unfavourable to the applicant
EC declaration of conformity
57.	EC declaration of conformity where conformity assessment requirements are complied with by reference to a technical construction file
Final provisions
58.	Interpretation of Part V
PART VI
THE EC TYPE-EXAMINATION ROUTE TO COMPLIANCE FOR RADIOCOMMUNICATION TRANSMISSION APPARATUS
General
59.	Application of Part VI
60.	The EC type-examination route to compliance
61.	Notified bodies
United Kingdom notified bodies
62.	Bodies and scope of authority
63.	Power of CAA and BABT to charge fees
64.	Applications for EC type-examination certificates
65.	Limitations on duty to exercise functions
66.	Contractors etc.
67.	Conditions of EC type-examination certificates
68.	Withdrawal of EC type-examination certificates
69.	Procedure where United Kingdom notified body is minded to make decision unfavourable to the applicant
EC declaration of conformity
70.	EC declaration of conformity for radiocommunication transmission apparatus
Final provisions
71.	Savings
72.	Interpretation of Part VI
PART VII
ENFORCEMENT
Enforcement authorities and powers
73.	Enforcement authorities
74.	Test purchases
75.	Powers of search etc.
76.	Provisions supplemental to regulation 75
77.	Appeals against detention of apparatus
78.	Prohibition notices
79.	Suspension notices
80.	Appeals against suspension notices
81.	Power to require production of documents and information etc.
Offences
82.	Supplying or taking into service apparatus in contravention of regulation 28 or 29
83.	Contravention of prohibition notice or suspension notice
84.	False or misleading information
85.	Misuse of the CE mark etc.
86.	Obstruction of officers of enforcement authorities etc.
87.	Failure to retain documentation
88.	Defence of due diligence
89.	Liability of persons other than the principal offender
90.	Extension of time for bringing summary proceedings
91.	Inference of condition of apparatus at time of supply or taking into service
Powers of the court
92.	Penalties
93.	Power of the court to require matter to be remedied
94.	Forfeiture: England and Wales and Northern Ireland
95.	Forfeiture: Scotland
96.	Recovery of expenses of enforcement
PART VIII
MISCELLANEOUS AND SUPPLEMENTAL
97.	Restrictions on disclosure of information
98.	Service of documents etc.
99.	Duty of enforcement authority to inform the Secretary of State of action taken
100.	Savings for certain privileges
101.	Savings for action taken under other enactments


	SCHEDULES

	SCHEDULE 1—	Regulations under section 10 of the Wireless Telegraphy Act 1949

	SCHEDULE 2—	Phenomena and effects which may be regarded as electromagnetic disturbance

	SCHEDULE 3—	Specific descriptions of apparatus to which these Regulations apply

	SCHEDULE 4—	The CE mark

	SCHEDULE 5—	Minimum criteria for the assessment of United Kingdom competent bodies

	SCHEDULE 6—	Descriptions of wireless telegraphy apparatus for which United Kingdom Notified Bodies and enforcement authorities which are United Kingdom Notified Bodies are authorised

	SCHEDULE 7—	Prohibition notices

Explanatory Note


	© Crown copyright 1992	Prepared 20th September 2000