The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

The Secretary of State, being a Minister designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to measures relating to the approval of radio equipment and telecommunications terminal equipment, in exercise of the powers conferred on him by that section, hereby makes the following Regulations:

PART I — INTRODUCTORY

Citation, commencement, revocations and disapplications

1

• (1) These Regulations may be cited as the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 and shall come into force on 8th April 2000.

• (2) The following Orders and Regulations are hereby revoked:

• Telecommunication Apparatus (Advertisements) Order 1982[^f00003]

• Telecommunication Apparatus (Advertisements) Order 1985[^f00004]

• Telecommunication Apparatus (Advertisements) (Amendments) Order 1985[^f00005]

• Telecommunication Apparatus (Marking and Labelling) Order 1982[^f00006]

• Telecommunication Apparatus (Marking and Labelling) Order 1985[^f00007]

• Telecommunication Apparatus (Marking and Labelling) (Amendment) Order 1985[^f00008]

• Telecommunication Apparatus (Bell Noise Labelling) Order 1985[^f00009]

• Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1990[^f00010]

• Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1992[^f00011]

• Telecommunications Terminal Equipment Regulations 1992[^f00012]

• Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994[^f00013]

• Telecommunications Terminal Equipment (Amendment) Regulations 1995[^f00014]

• (3) Sections 22 and 84 of the Act, ... ... shall cease to apply to apparatus covered by these Regulations.

Interpretation

2

• (1) In these Regulations (except in Schedule 9)—

• “the Act” means the Telecommunications Act 1984[^f00017];

• “active implantable medical device” shall have the meaning in Article 1 of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices[^f00018];

• “apparatus” means any equipment that is either radio equipment or telecommunications terminal equipment or both;

• “the CE marking” has the meaning given in regulation 10;

• “the Commission” means the Commission of the European Union;

• “a component or a separate technical unit of a vehicle” shall have the meaning in Article 2 of Council Directive 92/61/EEC[^f00019];

• “the Directive” means Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity[^f00020];

• “the Director” means the Director General of Telecommunications appointed under section 1 of the Act;

• “enforcement authority” has the meaning given in paragraphs 1 and 2 of Schedule 9;

• “equipment class” means a class identifying particular types of apparatus which under the Directive are considered similar and those interfaces for which the apparatus is designed. Apparatus may belong to more than one equipment class;

• “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 radio communications service operating in accordance with the applicable Community or national regulations;

• “harmonised standard” means a technical specification adopted by a recognised standards body under a mandate from the Commission in conformity with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council[^f00021] for the purpose of establishing a European requirement, compliance with which is not compulsory;

• “interface” means either or both of—a network termination point which is a physical connection point at which a user is provided with access to public telecommunications network, andan air interface specifying the radio path between radio equipmentand their technical specifications;

• “medical device” shall have the meaning in Article 1 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices[^f00022];

• “OFCOM” means the Office of Communications established under the Office of Communications Act 2002.

• “public telecommunications networks” means telecommunications networks used wholly or partly for the provision of publicly available telecommunications services;

• “radio equipment” means a product, or a relevant component thereof, capable of communication by means of the emission and/or reception of radio waves utilising the spectrum allocated to terrestrial/space radio communication;

• “radio waves” means electromagnetic waves of frequencies from 9 kHz to 3,000 GHz, propagated in space without artificial guide;

• “responsible person” means the manufacturer of apparatus or his authorised representative within the European Union, or any other person who places the apparatus on the market;

• “technical construction file” means a file describing the apparatus and providing information and explanations as to how the essential requirements (within the meaning of regulation 4) applicable to the apparatus have been met;

• “telecommunications terminal equipment” means a product enabling communication, or a relevant component thereof, which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks;

and any other expression used in these Regulations which is also used in the Directive has the same meaning in these Regulations as it has in the Directive.

• (2) For the purposes of these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference—

• (i) in a regulation to a paragraph is a reference to a paragraph in that regulation;

• (ii) to an Annex is a reference to an Annex of the Directive.

• (3) For the purposes of these Regulations, Annexes I, II, III, IV, V, VI and VII are respectively set out in Schedules 1, 2, 3, 4, 5, 6 and 7, and a reference to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the respective Schedule.

• (4) Except for the references to the European Union in the definition of “the Commission” and in relation to the Official Journal, a reference to the European Union includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for this purpose—

• (a) the “EEA” means the European Economic Area;

• (b) an “EEA State” means a State which is a contracting party to the EEA Agreement; and

• (c) the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

PART II — GENERAL PRINCIPLES

Scope and Exclusions

3

• (1) Subject to paragraphs (4) and (5), these Regulations shall apply to all apparatus.

• (2) Where apparatus incorporates, as an integral part or as an accessory—

• (a) a medical device; or

• (b) an active implantable medical device,

the apparatus shall be governed by these Regulations without prejudice to the application of Council Directive 93/42/EEC of 14 June 1993[^f00022]; or Council Directive 90/385/EEC of 20 June 1990[^f00023]; or the Medical Devices Regulations 1994[^f00024]; or the Active Implantable Medical Devices Regulations 1992[^f00025].

• (3) Where apparatus constitutes a component or a separate technical unit of a vehicle, the apparatus shall be governed by these Regulations without prejudice to the application of Council Directive 72/245/EEC of 20 June 1972[^f00026]; or Council Directive 92/61/EEC of 30 June 1992[^f00027]; or the Motor Vehicles (Type Approval) Regulations 1980[^f00028]; or the Motorcycle (EC Type Approval) Regulations 1995[^f00029].

• (4) These Regulations shall not apply to apparatus exclusively used for the purposes of 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.

• (5) These Regulations shall not apply to equipment listed in Schedule 1.

Essential Requirements

4

• (1) Apparatus when properly installed and maintained and used for its intended purpose shall satisfy the essential requirements set out in this regulation.

• (2) The following essential requirements shall apply to all apparatus:

• (a) the protection of the health and safety of the user and any other person, including the objectives with respect to safety requirements contained in Council Directive 73/23/EEC[^f00030] (but as if there were no voltage limit);

• (b) the protection requirements with respect to electromagnetic compatibility contained in Council Directive 89/336/EEC[^f00031];

• (3) In addition, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference.

• (4) When a measure has been adopted by the Commission pursuant to Articles 3.3, 6.2 and 15 of the Directive and published in the Official Journal of the European Union determining that apparatus shall be so constructed that—

• (a) it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the European Union; or that

• (b) it does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; or that

• (c) it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; or that

• (d) it supports certain features ensuring avoidance of fraud; or that

• (e) it supports certain features ensuring access to emergency services; or that

• (f) it supports certain features in order to facilitate its use by users with a disability,

apparatus within the scope of that measure shall meet the requirements of that measure from the date specified in that measure.

PART III — COMPLIANCE

General duty relating to the placing on the market and putting into service of apparatus

5

• (1) Subject to paragraph (4) and regulations 6, 7 and 8, no person shall place on the market or put into service any apparatus unless the requirements of paragraph (2) and (in the case of radio equipment) the requirements of paragraph (3) have been complied with in relation to it.

• (2) The requirements in respect of any apparatus are that:

• (a) it satisfies the essential requirements set out in regulation 4: and without prejudice to other means of complying for the purpose of satisfying those requirements, where a harmonised standard covers one or more of the relevant essential requirements, any apparatus or part thereof constructed in accordance with that harmonised standard or part thereof shall be presumed to comply with that or, as the case may be, those essential requirements;

• (b) the information has been provided in accordance with regulation 11;

• (c) the appropriate conformity assessment procedures in respect of the apparatus have been carried out in accordance with regulation 9;

• (d) the requirements of regulation 10 and Schedule 7 (CE and other marking) have been complied with;

• (e) a declaration of conformity has been drawn up in respect of it by the manufacturer of the apparatus or other responsible person in accordance with Schedule 2, 3, 4 or 5.

• (3) In respect of radio equipment using frequency bands whose use is not harmonised throughout the European Union it is also a requirement that notification of intention to place it on the market shall have been given in accordance with regulation 12.

• (4) Paragraph (1) does not prohibit the putting into service of apparatus in relation to which the requirements of paragraphs (2)(b), (c), (d) and (e) have not been complied with.

Exceptions in respect of placing on the market and putting into service

6

• (1) For the purposes of regulation 5, apparatus shall not be regarded as being placed on the market where that apparatus—

• (a) is intended to be exported to a country outside the European Union; or

• (b) is imported into the European Union for re-export to a country outside the European Union; or

• (c) is transferred from the manufacturer in a third country to his authorised representative established within the European Union who is responsible on behalf of the manufacturer for ensuring compliance with the Directive; or

• (d) is transferred to a manufacturer for further processing (for example, to modify the product or to integrate it into another product, or to put his own name on the product);

save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto.

• (2) Subject to paragraph (3), no offence under the Act or the Wireless Telegraphy Acts 1949 to 1967, nor any offence of incitement to commit such an offence, shall be committed by reason only that apparatus which does not comply with these Regulations is displayed at a trade fair, exhibition or demonstration if a notice is displayed in relation to the apparatus to the effect

• (a) that it does not satisfy the provisions of these Regulations; and

• (b) that it may not be placed on the market or put into service until those provisions are satisfied by a responsible person.

• (3) Paragraph (2) does not apply in any case in which radio equipment is switched on and thereby causes harmful interference or endangers public health.

• (4) The Secretary of State and the Director shall so exercise their respective functions under Part VI of the Act and the Wireless Telegraphy Acts 1949 to 1967 that the putting into service of radio equipment which complies with these Regulations is restricted only for reasons related to the effective and appropriate use of the radio spectrum, avoidance or harmful interference of public health.

The right to connect

7

• (1) Operators of public telecommunications networks

• (a) shall connect or permit the connection, at an interface, of any telecommunications terminal equipment which meets the requirements of regulation 4 or is equipment which was placed on the market before 8th April 2001 and complied with the provisions of Directive 98/13/EC, the Telecommunication Terminal Equipment Regulations 1992 or section 22 or 84 of the Telecommunications Act 1984;

• (b) shall not discontinue such connection lawfully made of any such equipment.

• (2) No apparatus is required under sub-paragraphs (1)(a) and (b) or otherwise to be, or to be permitted to be, connected or kept connected if that apparatus

• (a) met the requirements of regulation 4 at the time when the connection was made but no longer does so;

• (b) was placed on the market before 8th April 2001 and complied with the provisions of Directive 98/13/EC, the Telecommunication Terminal Equipment Regulations 1992 or section 22 or 84 of the Telecommunications Act 1984 at the time when the connection was made but no longer does so;

• (c) causes serious damage to a network or harmful radio interference or harm to the network or its functioning; and the operator may refuse connection of that apparatus, disconnect that apparatus or withdraw that apparatus from service provided the operator at the earliest practical opportunity informs the Secretary of State and the Director of its action; or

• (d) is, in case of emergency, required to be disconnected to protect the network, provided that

• (i) the user may be offered, without delay and without costs, an alternative solution; and

• (ii) the operator immediately informs the Secretary of State and the Director.

• (3) In any case in which a public telecommunications operator

• (a) refuses connection of apparatus declared to be compliant with the provisions of the Directive; or

• (b) disconnects such apparatus; or

• (c) withdraws it from service

the Secretary of State and the Director may, if they are of the opinion that the apparatus would not cause serious damage to a network or harmful interference or harm to the network or its functioning, require the operator to provide connection, reconnect the apparatus or restore it to service (as the case may be).

Transitional provisions in respect of placing on the market and putting into service

8