Electromagnetic Compatibility Regulations 2016
At a glance
Enforced by
What's here
46 compliance obligations, 5 practical guides across 2 topics
Penalty landscape
5 of 46 obligations carry imprisonment (3 months). 2 carry different penalties and 39 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Manufacturer 21
- Distributor 5
- Any Person 5
- Operator 2
- Licence Holder 1
- Director or Officer 1
Plus 11 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Manufacturers also bound by 82 other Acts (top 5 shown)
- Toys (Safety) Regulations 2011 2011 27 duties
- Radio Equipment Regulations 2017 2017 25 duties
- Medical Devices Regulations 2002 2002 23 duties
- Lifts Regulations 2016 2016 22 duties
- Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended) 2012 20 duties
Distributors also bound by 33 other Acts (top 5 shown)
- Electricity Safety, Quality and Continuity Regulations 2002 2002 19 duties
- Value Added Tax Regulations 1995 1995 14 duties
- UK REACH Regulation (retained EU law) 2006 11 duties
- Electricity Act 1989 1989 9 duties
- Classification, Labelling and Packaging Regulation (UK CLP) 2008 7 duties
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Operators also bound by 125 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 71 duties
- Payment Services Regulations 2017 2017 41 duties
- Air Navigation Order 2016 2016 34 duties
- The Quarries Regulations 1999 1999 31 duties
- Reservoirs Act (Northern Ireland) 2015 2015 22 duties
Licence Holders also bound by 50 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 50 duties
- Human Medicines Regulations 2012 2012 11 duties
- Value Added Tax Regulations 1995 1995 7 duties
- Air Navigation Order 2016 2016 5 duties
- Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 2018 5 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1
Browse 3 other sections in this Part — procedural / definitional / commencement
Citation and commencement
Designated standard
Disapplication where more specific obligations apply
Part 2 — Obligations of economic operators
Duty to ensure apparatus complies with the essential requirements
- Ensure electrical equipment meets essential safety and interference standards Manufacturer
Technical documentation and conformity assessment
- Assess equipment and create technical files before selling Manufacturer
Retention of technical documentation and EU declaration of conformity
- Keep technical and conformity records for 10 years Manufacturer
Prohibition on placing apparatus on the market which is not in conformity
- Do not import equipment that does not meet safety standards Manufacturer
Duty not to place non-conforming apparatus on the market
- Do not import or sell non-compliant electromagnetic equipment Manufacturer
Storage and transport
- Safely store and transport electronic equipment to maintain compliance Manufacturer
Retention of technical documentation and EU declaration of conformity
- Keep technical and compliance records for 10 years Manufacturer
Duty to act with due care
- Ensure products meet electromagnetic compatibility standards Distributor
Duty not to make non-conforming apparatus available on the market
3 months imprisonment- Stop the sale of non-compliant equipment and report risks Distributor
Storage and transport
- Maintain safe storage and transport of electromagnetic equipment Distributor
Translation of EU declaration of conformity
- Translate the EU declaration of conformity into English Operator
Information concerning the use of apparatus
- Provide electromagnetic compatibility information and usage instructions Any Person
Fixed installations
- Document engineering practices for custom fixed installations Any Person
Browse 7 other sections in this Part — procedural / definitional / commencement
Provision of information and co-operation
Provision of information and co-operation
Cases in which the obligations of manufacturers apply to importers and distributors
Identification of economic operators
Further use of the UK marking
Obligations which are met by complying with obligations in the Directive
Qualifying Northern Ireland Goods
Part 3 — Conformity of apparatus and equipment
Conformity assessment procedures
- Demonstrate equipment conformity through specific assessment procedures Manufacturer
Register of UK notified bodies
Other duties (1) — Crown / regulator
- Secretary of State must maintain a register of UK notified bodies Crown / Minister / Government department
UK(NI) indication
- Affix UK(NI) indication for Northern Ireland products Manufacturer
Part 4 — Notification of conformity assessment bodies
No sections of this Part have been ingested yet.
Part 5 — Enforcement and market surveillance
Designation of enforcing authorities
Other duties (1) — Crown / regulator
- Specified authorities must enforce electromagnetic compatibility rules Statutory regulator
Designation of market surveillance authorities
Other duties (1) — Crown / regulator
- Local authorities must arrange for market surveillance of electronic equipment Local authority
Exercise of enforcement powers
Other duties (1) — Crown / regulator
- OPSS must follow specific procedures when taking enforcement action Statutory regulator
Evaluation of apparatus presenting a risk
Other duties (1) — Crown / regulator
- OPSS must evaluate equipment suspected of presenting a risk Statutory regulator
EU safeguard procedure
Other duties (1) — Crown / regulator
- Secretary of State must coordinate with the EU on non-compliant equipment Crown / Minister / Government department
Restrictive measures
Other duties (1) — Crown / regulator
- Enforcing authorities must follow RAMS procedures for restrictive measures Statutory regulator
Offences
3 months imprisonment- Fail to comply with EMC requirements or recall notice Any Person
Liability of persons other than the principal offender
3 months imprisonment- Be liable for another's electromagnetic compliance offence Director or Officer
Power of the court to require a matter to be remedied
2 years imprisonment- Fail to comply with a court order to remedy an EMC breach Any Person
Browse 10 other sections in this Part — procedural / definitional / commencement
Enforcement powers
Penalties
Defence of due diligence
Service of documents
Recovery of expenses of enforcement
Action by enforcing authority
Appeals against notices
Appropriate court for appeals against notices
Time limit for prosecution of offences
Compensation
Part 6 — MISCELLANEOUS
Browse 4 other sections in this Part — procedural / definitional / commencement
Transitional provision
Revocations and savings
Consequential amendments
Transitional provision in relation to EU Exit
Schedules
Module A: internal production control
- Perform electromagnetic compatibility assessment and create technical files Manufacturer
Applicable conformity assessment procedures
- Obtain EU-Type Examination and manage product conformity Manufacturer
Requirements for notified approved bodies
- Ensure your conformity assessment body meets independence and technical standards Any Person
Browse 2 other Schedules — structural / supplementary
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Declaration of conformity and UK marking
- Create a declaration of conformity and apply the UK marking Manufacturer
Compliance procedures for series production
- Maintain compliance procedures for mass-produced goods Manufacturer
Information identifying manufacturer
- Label apparatus with manufacturer identification and contact details Manufacturer
Instructions and information
- Provide clear English instructions and safety information with equipment Manufacturer
Manufacturer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity
- Recall or fix non-compliant electrical equipment immediately Manufacturer
Requirements that must be satisfied before an importer places apparatus on the market
- Verify manufacturer compliance before importing electrical equipment Manufacturer
Instructions and information
- Provide clear English instructions with electrical apparatus Manufacturer
Importer's duty to take action in respect of apparatus placed on the market which is considered not to be in conformity
- Fix, withdraw, or recall non-compliant electrical equipment Manufacturer
Making available on the market
- Verify product compliance before distributing electrical apparatus Distributor
Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformity
3 months imprisonment- Fix, withdraw, or recall non-compliant equipment Distributor
Prohibition on improper use of UK marking
- Use the UK marking correctly and do not mislead consumers Operator
Appointment of an authorised representative
- Set terms for appointing an authorised representative Manufacturer
Declaration of conformity
3 months imprisonment- Create and sign a formal Declaration of Conformity for equipment Manufacturer
Monitoring
Other duties (1) — Crown / regulator
- Secretary of State must monitor approved bodies for ongoing compliance Crown / Minister / Government department
Operational matters in relation to approved bodies
- Approved bodies must follow assessment procedures and provide appeals Licence Holder
Register of approved bodies
Other duties (1) — Crown / regulator
- Secretary of State must maintain a public register of approved bodies Crown / Minister / Government department
Enforcement action in respect of apparatus that is not in conformity and which present a risk
Unlimited fineOther duties (1) — Crown / regulator
- OPSS must require corrective action for non-compliant equipment Statutory regulator
Review
Other duties (1) — Crown / regulator
- Secretary of State must review the Electromagnetic Compatibility Regulations Crown / Minister / Government department
Browse 12 other unclassified sections
Making available or putting into service
Information identifying importer
Provision of information and co-operation
Presumption of conformity
UK marking
Approved bodies
Approval of conformity assessment bodies
Presumption of conformity of approved bodies
Restriction, suspension or withdrawal of approval
Subsidiaries and contractors
UK national accreditation body
Enforcement action in respect of formal non-compliance
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Vehicle Certification Agency (opens in a new tab) Detailed Guidance
- Radio equipment regulations guidance (opens in a new tab) from Ofcom Detailed Guidance
- Placing manufactured goods on the UK market (opens in a new tab) Detailed Guidance
- Office for Product Safety and Standards (opens in a new tab) Detailed Guidance
- UK designated standards (opens in a new tab) Detailed Guidance
- Using the UKCA marking (opens in a new tab) Detailed Guidance
- RoHS Regulations 2012 - compliance and guidance (opens in a new tab) Detailed Guidance
- OPSS guidance on Electrical Equipment (Safety) Regulations 2016 (opens in a new tab) Publication
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Product Safety and Standards
Product safety regulator responsible for ensuring consumer products are safe. Enforces product safety regulations, UKCA marking requirements, and works with market surveillance …
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.