The Radio Equipment Regulations 2017

Designated standard

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 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;

• (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 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 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.

Scope

Exception for trade fairs and exhibitions

Putting into service and use

Power to specify additional essential requirements

6A

• (1) The Secretary of State may by regulations—

• (a) amend regulation 6 to add any of the matters listed in paragraph (2) as additional essential requirements; and

• (b) specify that only certain categories or classes of radio equipment are required to meet any additional essential requirements.

• (2) The matters that may be added as additional essential requirements are that the—

• (a) radio equipment interworks with accessories, in particular with common chargers;

• (b) radio equipment interworks via networks with other radio equipment;

• (c) radio equipment can be connected to interfaces of the appropriate type throughout the United Kingdom;

• (d) radio equipment does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service;

• (e) radio equipment incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;

• (f) radio equipment supports certain features ensuring protection from fraud;

• (g) radio equipment supports certain features ensuring access to emergency services;

• (h) radio equipment supports certain features in order to facilitate its use by users with a disability;

• (i) radio equipment supports certain features in order to ensure that software can only be loaded into the radio equipment where the compliance of the combination of the radio equipment and software has been demonstrated.

• (3) 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.

Construction must allow operation without infringement of requirements

Declaration of conformity and UK marking

Provision of information on compliance of combinations of radio equipment and software

18A

• (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.

Power to amend R14(2)(b) and specify how information is to be presented

18B

• (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—

• (a) register information on compliance with the essential requirements; and

• (b) affix to the product a registration number allocated by the Secretary of State.

• (3) Regulations made under paragraph (2) may specify—

• (a) the categories or classes of product in respect of which the manufacturer must register information;

• (b) that some or, where the Secretary of State considers necessary, all of the technical documentation listed in Schedule 5 must be registered;

• (c) that when setting out a registration process the Secretary of State must take the following matters into account—

• (i) whether the process includes a central system of registration by manufacturers;

• (ii) whether the process ensures appropriate control of access to information of a confidential nature; and

• (iii) whether the process allocates a registration number to each registered radio equipment type.

• (4) Regulations made under paragraph (2)—

• (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.

Power to require registration of radio equipment

18C

• (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.

Authorised representatives

Obligations which are met by complying with obligations in the Directive

36A

• (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 2(26);

• (c) “harmonised standard” has the meaning given to it in Article 2(18).

• (2) Subject to paragraphs (6) and (7), paragraph (3) applies where, before placing radio equipment on the market, the manufacturer—

• (a) ensures that the radio equipment has been designed and manufactured in accordance with the essential safety requirements set out in Article 3;

• (b) ensures that the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 of the Directive has been carried out;

• (c) affixes a CE marking and where the conformity assessment procedure set out in Annex IV is applied, the notified body identification number, in accordance with Articles 19 and 20(1) to (3);

• (d) draws up the technical documentation in accordance with Article 21;

• (e) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

• (f) draws up an EU declaration of conformity, in accordance with Article 18; 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 7, 9, 10(1) and (3) are to be treated as being satisfied;

• (b) regulations 2(2)(a), 10(2), 11, 19(3) and 39 apply subject to the modifications in paragraph (8);

• (c) Part 3 does not apply; and

• (d) regulation 63 does not apply.

• (4) Subject to paragraphs (6) and (7) paragraph (5) applies where, before placing radio equipment on the market, the importer ensures that—

• (a) the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 has been carried out;

• (b) the manufacturer has drawn up the technical documentation referred to in Annex V; and

• (c) the radio equipment bears the CE marking referred to Article 19.

• (5) Where this paragraph applies—

• (a) the requirements of regulation 21(a) to (d) are to be treated as being satisfied; and

• (b) regulations 2(2)(a), 22(1), 25 and 28 apply subject to the modifications in paragraph (10).

• (6) This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard as referred to in Article 17.

• (7) Where paragraph (6) applies paragraphs (2)(b) and (4)(a) are to be treated as requiring the manufacturer to have carried out—

• (a) one of the conformity assessment procedures in Article 17(1) with respect to the essential requirements set out in Article 3(1); and

• (b) the conformity assessment procedure in Article 17(4) with respect to the essential requirements set out in Article 3(2) and (3).

• (8) Paragraph (9) applies where, before making radio equipment available on the market, a distributor ensures that the radio equipment bears the CE marking referred to in Article 19.

• (9) Where this paragraph applies—

• (a) regulation 31(a)(i) is satisfied; and

• (b) regulations 32(1) and 33 apply subject to the modifications in paragraph (10).

• (10) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (8)(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 safety requirements” is to be read as a reference to the essential safety requirements set out in Article 3;

• (d) any reference to “designated standard” is to be read as a reference to a harmonised standard within the meaning of Article 2(18);

• (e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the radio equipment in accordance with Article 17;

• (f) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex V.

Expiry of regulation 36A

36B

• (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 2(18).

• (2) Subject to paragraphs (4) and (5), paragraph (3) applies where, before placing radio equipment on the market, the manufacturer—

• (a) ensures that the radio equipment has been designed and manufactured in accordance with the essential requirements set out in Article 3;

• (b) ensures that the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 has been carried out;

• (c) draws up the technical documentation in accordance with Article 21; 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) regulations 7, 9 and 45 are to be treated as being satisfied;

• (b) except for regulations 42, 43 and 44(1) to (3), Part 3 does not apply;

• (c) regulations 2(2)(a), 11, 17, 20, 21(a) and (c), 22, 25, 28, 32, 33, 39, 42, 44 and 63 apply subject to the modifications in paragraph (6);

• (d) regulation 10 and Schedule 6 apply subject to the modifications in paragraphs (6) and (7);

• (e) Schedule 7 applies subject to the modification in paragraph (7).

• (4) This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 17.

• (5) Where paragraph (4) applies, paragraph (2)(b) is to be treated as requiring the manufacturer, when assessing the compliance with the essential requirements set out in Article 3(2) and (3), to ensure either of the conformity assessment procedures set out in Article 17(4) is carried out.

• (6) The modifications referred to in paragraph (3)(c) and (d) are that—

• (a) any reference to the “essential requirements” is to be read as a reference to the essential requirements set out in Article 3;

• (b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

• (c) any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to that radio equipment in accordance with Article 17;