UK Statutory Instrument SI 2016 United Kingdom

Electromagnetic Compatibility Regulations 2016

These Regulations transpose Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (OJ L 96, 29.3.2014, p.79) (“the Directive”).

Enforced by
OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 5 of 105 obligations carry imprisonment (3 months). 2 carry different penalties and 98 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer38 Conformity Assessment Body20 Distributor6 Any Person6 Operator6 Employer1 Director or Officer1

Plus 27 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Distributor — also bound by 182 other Acts
Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Employer — also bound by 682 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.002 Interpretation
s.003 Application
s.004 Application of safety legislation
s.005 Exhibition at trade fairs
s.designated standard Designated standard
s.disapplication where more specific obligations app Disapplication where more specific obligations apply
Part 2

Obligations of economic operators

30 of 35 sections shown
s.008 Duty to ensure apparatus complies with the essential requirements (opens in a new tab) Regulated
  • Ensure electrical equipment meets essential safety and interference standardsManufacturer
s.009 Technical documentation and conformity assessment (opens in a new tab) Regulated
  • Assess equipment and create technical files before sellingManufacturer
s.010 Declaration of conformity and UK marking (opens in a new tab) Regulated
  • Create a declaration of conformity and apply the UK markingManufacturer
s.011 Retention of technical documentation and EU declaration of conformity (opens in a new tab) Regulated
  • Keep technical and conformity records for 10 yearsManufacturer
s.012 Compliance procedures for series production (opens in a new tab) Regulated
  • Maintain compliance procedures for mass-produced goodsManufacturer
s.013 Information identifying manufacturer (opens in a new tab) Regulated
  • Label apparatus with manufacturer identification and contact detailsManufacturer
s.014 Instructions and information (opens in a new tab) Regulated
  • Provide clear English instructions and safety information with equipmentManufacturer
s.016 Provision of information and co-operation (opens in a new tab) Regulated
  • Provide information and co-operate with the enforcing authority upon requestManufacturer
s.017 Prohibition on placing apparatus on the market which is not in conformity (opens in a new tab) Regulated
  • Do not import equipment that does not meet safety standardsManufacturer
s.018 Requirements that must be satisfied before an importer places apparatus on the market (opens in a new tab) Regulated
  • Verify manufacturer compliance before importing electrical equipmentManufacturer
s.019 Duty not to place non-conforming apparatus on the market (opens in a new tab) Regulated
  • Do not import or sell non-compliant electromagnetic equipmentManufacturer
s.020 Information identifying importer (opens in a new tab) Regulated
  • Mark apparatus with your importer name and contact addressManufacturer
s.021 Instructions and information (opens in a new tab) Regulated
  • Provide clear English instructions with electrical apparatusManufacturer
s.022 Storage and transport (opens in a new tab) Regulated
  • Safely store and transport electronic equipment to maintain complianceManufacturer
s.024 Retention of technical documentation and EU declaration of conformity (opens in a new tab) Regulated
  • Keep technical and compliance records for 10 yearsManufacturer
s.025 Provision of information and co-operation (opens in a new tab) Regulated
  • Provide conformity information and co-operate with enforcement authoritiesManufacturer
s.026 Duty to act with due care (opens in a new tab) Regulated
  • Ensure products meet electromagnetic compatibility standardsDistributor
s.027 Making available on the market (opens in a new tab) Regulated
  • Verify product compliance before distributing electrical apparatusDistributor
s.028 Duty not to make non-conforming apparatus available on the market (opens in a new tab) Imprisonment
  • Stop the sale of non-compliant equipment and report risksDistributor
s.029 Storage and transport (opens in a new tab) Regulated
  • Maintain safe storage and transport of electromagnetic equipmentDistributor
s.031 Provision of information and co-operation (opens in a new tab) Regulated
  • Provide conformity information and cooperate with enforcing authorities on requestDistributor
s.033 Identification of economic operators (opens in a new tab) Regulated
  • Identify your supply chain to market surveillance authorities on requestOperator
s.034 Translation of EU declaration of conformity (opens in a new tab) Regulated
  • Translate the EU declaration of conformity into EnglishOperator
s.035 Prohibition on improper use of UK marking (opens in a new tab) Regulated
  • Use the UK marking correctly and do not mislead consumersOperator
s.036 Information concerning the use of apparatus (opens in a new tab) Regulated
  • Provide electromagnetic compatibility information and usage instructionsAny Person
s.037 Fixed installations (opens in a new tab) Regulated
  • Document engineering practices for custom fixed installationsAny Person
s.038 Appointment of an authorised representative (opens in a new tab) Regulated
  • Set terms for appointing an authorised representativeManufacturer
5 other sections in this Part — procedural and definitional
s.007 Essential requirements
s.further use of the uk marking Further use of the UK marking
s.obligations which are met by complying with obliga Obligations which are met by complying with obligations in the Directive
s.qualifying northern ireland goods Qualifying Northern Ireland Goods
Part 3

Conformity of apparatus and equipment

4 of 6 sections shown
s.040 Conformity assessment procedures (opens in a new tab) Regulated
  • Demonstrate equipment conformity through specific assessment proceduresManufacturer
s.041 Declaration of conformity (opens in a new tab) Imprisonment
  • Create and sign a formal Declaration of Conformity for equipmentManufacturer
s.042 UK(NI) indication Regulated
  • Affix UK(NI) indication for Northern Ireland productsManufacturer
s.042 Register of UK notified bodies Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a register of UK notified bodiesCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
Part 4

Notification of conformity assessment bodies

4 of 9 sections shown
s.046 Monitoring (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must monitor approved bodies for ongoing complianceCrown / Minister / Government department
s.047 Restriction, suspension or withdrawal of approval (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must restrict, suspend or withdraw approved body status with procedural safeguardsCrown / Minister / Government department
s.048 Operational matters in relation to approved bodies (opens in a new tab) Regulated
  • Approved bodies must follow assessment procedures and provide appealsConformity Assessment Body
s.050 Register of approved bodies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a public register of approved bodiesCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
Part 5

Enforcement and market surveillance

10 of 21 sections shown
s.052 Designation of enforcing authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Specified authorities must enforce electromagnetic compatibility rulesStatutory regulator
s.053 Designation of market surveillance authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must arrange for market surveillance of electronic equipmentLocal authority
s.055 Exercise of enforcement powers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • OPSS must follow specific procedures when taking enforcement actionStatutory regulator
s.056 Evaluation of apparatus presenting a risk (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • OPSS must evaluate equipment suspected of presenting a riskStatutory regulator
s.057 Enforcement action in respect of apparatus that is not in conformity and which present a risk (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • OPSS must require corrective action for non-compliant equipmentStatutory regulator

Unlimited fine

s.058 EU safeguard procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must coordinate with the EU on non-compliant equipmentCrown / Minister / Government department
s.060 Restrictive measures (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcing authorities must follow RAMS procedures for restrictive measuresStatutory regulator
s.061 Offences (opens in a new tab) Imprisonment
  • Fail to comply with EMC requirements or recall noticeAny Person
s.064 Liability of persons other than the principal offender (opens in a new tab) Imprisonment
  • Be liable for another's electromagnetic compliance offenceDirector or Officer
s.072 Power of the court to require a matter to be remedied (opens in a new tab) Imprisonment
  • Fail to comply with a court order to remedy an EMC breachAny Person
11 other sections in this Part — procedural and definitional
Part 6

MISCELLANEOUS

1 of 5 sections shown
s.073 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review the Electromagnetic Compatibility RegulationsCrown / Minister / Government department
4 other sections in this Part — procedural and definitional
s.transitional provision in relation to eu exit Transitional provision in relation to EU Exit
Schedules

Schedules

56 of 106 shown
s.002 Module A: internal production control (opens in a new tab) Regulated
  • Perform electromagnetic compatibility assessment and create technical filesManufacturer
s.003 Applicable conformity assessment procedures (opens in a new tab) Regulated
  • Obtain EU-Type Examination and manage product conformityManufacturer
s.005 Requirements for notified approved bodies (opens in a new tab) Regulated
  • Ensure your conformity assessment body meets independence and technical standardsConformity Assessment Body
s.sch001 General requirements Regulated
  • Design and manufacture equipment to limit electromagnetic disturbance and ensure immunityManufacturer
s.sch002 The manufacturer must perform an electromagnetic compatibility assessment of the... Regulated
  • Perform electromagnetic compatibility assessment of your apparatusManufacturer
s.sch002 The electromagnetic compatibility assessment must take into account all normal... Regulated
  • Assess electromagnetic compatibility under all normal conditionsManufacturer
s.sch002 The manufacturer must establish the technical documentation. The documentation must... Regulated
  • Create technical documentation showing EMC conformity and risk analysisManufacturer
s.sch002 The technical documentation must specify the applicable requirements and cover,... Regulated
  • Prepare technical documentation for EMC complianceManufacturer
s.sch002 The manufacturer must take all measures necessary so that the... Regulated
  • Ensure manufacturing process and monitoring comply with technical documentation and essential requirementsManufacturer
s.sch002 The manufacturer must affix the UK marking to each individual... Regulated
  • Affix UK marking to each compliant apparatusManufacturer
s.sch002 The manufacturer must draw up a written EU declaration of... Regulated
  • Keep EU declaration of conformity for 10 yearsManufacturer
s.sch003 Where the type does not satisfy the applicable requirements of... Regulated
Other duties (1) — Crown / regulator
  • Approved body must inform applicant if type fails EMC requirementsStatutory regulator
s.sch003 The approved body must keep itself apprised of any changes... Regulated
Other duties (1) — Crown / regulator
  • Approved body must monitor technical changes and inform manufacturer if product may no longer complyStatutory regulator
s.sch003 The manufacturer must inform the approved body that holds the... Regulated
  • Notify the approved body of any changes to your approved product typeManufacturer
s.sch003 Each approved body must inform its notifying authority of any... Regulated
  • Approved bodies must report type-examination certificates to notifying authorityConformity Assessment Body
s.sch003 Each approved body must inform the other approved bodies of... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must share information on refused or withdrawn certificatesStatutory regulator
s.sch003 The Secretary of State and the other approved bodies may,... Regulated
Other duties (1) — Crown / regulator
  • Keep copies of type examination certificates and technical files until expiryStatutory regulator
s.sch003 The manufacturer must keep a copy of the Type examination... Regulated
  • Keep Type Examination Certificate and technical docs for 10 yearsManufacturer
s.sch003 Manufacturing Regulated
  • Manufacturing process must produce apparatus conforming to approved type and regulationsManufacturer
s.sch003 UK marking and ... declaration of conformity Regulated
  • Affix UK marking and maintain declaration of conformity for apparatusManufacturer
s.sch003 The manufacturer must lodge an application for Type examination with... Regulated
  • Apply for Type examination with an approved bodyManufacturer
s.sch003 The technical documentation referred to in paragraph 3(c) of this... Regulated
  • Prepare technical documentation for type examinationManufacturer
s.sch003 The approved body must examine the technical documentation to assess... Regulated
Other duties (1) — Crown / regulator
  • Approved body must examine technical documentation for type examinationStatutory regulator
s.sch003 The approved body must draw up an evaluation report which... Regulated
Other duties (1) — Crown / regulator
  • Approved body must keep evaluation report confidential unless manufacturer agreesStatutory regulator
s.sch003 Where the type meets the requirements of these Regulations that... Regulated
Other duties (1) — Crown / regulator
  • Approved body must issue Type examination certificate when type meets requirementsStatutory regulator
s.sch003 The Type examination certificate, which may be accompanied by one... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must include all required information in Type examination certificatesStatutory regulator
s.sch005 A conformity assessment body must have at its disposal— Regulated
  • Maintain adequate staff, procedures and policies for conformity assessmentConformity Assessment Body
s.sch005 A conformity assessment body must have the means necessary to... Regulated
  • Have the resources and equipment needed to perform conformity assessmentsConformity Assessment Body
s.sch005 The personnel responsible for carrying out the conformity assessment activities... Regulated
  • Personnel must have technical training, knowledge, and assessment abilityAny Person
s.sch005 A conformity assessment body must be able to demonstrate the... Regulated
  • Demonstrate impartiality of top management and assessment personnelConformity Assessment Body
s.sch005 The remuneration of the top level management and the personnel... Regulated
  • Ensure remuneration of conformity assessment staff is not linked to outcomesAny Person
s.sch005 A conformity assessment body must have, and must satisfy the... Regulated
  • Maintain civil liability insurance and prove it to the Secretary of StateConformity Assessment Body
s.sch005 A conformity assessment body must ensure that its personnel observe... Regulated
  • Keep all information obtained during conformity assessment confidentialConformity Assessment Body
s.sch005 A conformity assessment body must participate in, or ensure that... Regulated
  • Conformity assessment bodies must participate in standardisation and apply coordination group guidanceConformity Assessment Body
s.sch005 A conformity assessment body, its top level management and the... Regulated
  • Conformity assessment bodies must avoid conflicts of interestConformity Assessment Body
s.sch005 A conformity assessment body, its top level management and the... Regulated
  • Conformity assessment bodies must stay independent of apparatus activitiesConformity Assessment Body
s.sch005 A conformity assessment body, its top level management and the... Regulated
  • Conformity assessment bodies must avoid conflicts of interestConformity Assessment Body
s.sch005 A conformity assessment body must ensure that the activities of... Regulated
  • Ensure subsidiaries and subcontractors do not compromise assessment integrityConformity Assessment Body
s.sch005 A conformity assessment body and its personnel must carry out... Regulated
  • Perform conformity assessments with integrity, competence, and independenceConformity Assessment Body
s.sch005 A conformity assessment body must be capable of carrying out... Regulated
  • Ensure your conformity assessment body can perform all approved activitiesConformity Assessment Body
s.sch006 An approved body must carry out conformity assessments in accordance... Regulated
  • Carry out conformity assessments using correct proceduresConformity Assessment Body
s.sch006 An approved body must inform the Secretary of State of—... Regulated
  • Notify Secretary of State of certificate status changes and assessment activitiesConformity Assessment Body
s.sch006 An approved body must make provision in its contracts with... Regulated
  • Include appeal rights in contracts for certificate decisionsConformity Assessment Body
s.sch006 An approved body must provide other bodies approved under these... Regulated
  • Share negative and (on request) positive conformity assessment results with other approved bodiesConformity Assessment Body
s.sch006 An approved body must participate in the work of any... Regulated
  • Approved bodies must join and participate in coordination groupsConformity Assessment Body
s.sch006 An approved body must carry out conformity assessments in a... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must perform conformity assessments proportionately and avoid unnecessary burdensStatutory regulator
s.sch006 Conformity assessment bodies must perform their activities taking due account... Regulated
Other duties (1) — Crown / regulator
  • Tailor conformity assessments to business size and product complexityStatutory regulator
s.sch006 Conformity assessment bodies must respect the degree of rigour and... Regulated
Other duties (1) — Crown / regulator
  • Conformity assessment bodies must apply proper rigour in assessing apparatus complianceStatutory regulator
s.sch006 Where an approved body finds that the essential requirements or... Regulated
  • Approved bodies must require corrective measures and refuse certification when standards not metEmployer
s.sch006 Where, in the course of the monitoring of the conformity... Regulated
Other duties (1) — Crown / regulator
  • Approved/notified body must require corrective measures and suspend/withdraw certificate if non-conformity foundStatutory regulator
s.sch006 Where corrective measures are not taken or do not have... Regulated
Other duties (1) — Crown / regulator
  • Approved body must restrict, suspend or withdraw certificates when corrective measures failStatutory regulator
s.sch006 Where this paragraph applies, the approved body must— Regulated
Other duties (1) — Crown / regulator
  • Approved body must give you written reasons and a chance to respond before refusing a certificateStatutory regulator
s.sch007 A withdrawal notice must prohibit the relevant economic operator from... Regulated
  • Do not supply prohibited apparatus without consentOperator
s.sch007 A recall notice must require the relevant economic operator to... Regulated
  • Use reasonable endeavours to organise return of recalled apparatusOperator
s.sch007 In determining what requirements to include in a recall notice,... Regulated
Other duties (1) — Crown / regulator
  • Regulator must consider encouraging distributor and user cooperation in recall noticesStatutory regulator
s.sch007 A compliance notice must— (a) require the relevant economic operator... Regulated
  • Respond to a compliance notice: fix the issue or prove you didn't breach the rulesOperator
50 other schedules
s.sch001 Specific requirements for fixed installations
s.sch002 Internal production control is the conformity assessment procedure whereby the...
s.sch002 The manufacturer's obligations set out in paragraphs 7 and 8...
s.sch003 Type examination is the part of a conformity assessment procedure...
s.sch003 The manufacturer's authorised representative may lodge the application referred to...
s.sch003 Conformity to type based on internal production control is the...
s.sch003 Type examination must be carried out by an assessment of...
s.sch003 Authorised representative
s.sch003 The Type examination certificate and any annexes to that certificate...
s.sch004 Declaration of conformity (No xxxx)
s.sch004 Name and address of manufacturer or the manufacturer's authorised representative:...
s.sch004 This declaration of conformity is issued under the sole responsibility...
s.sch004 Object of the declaration (identification of apparatus allowing traceability; it...
s.sch004 The object of the declaration described above is in conformity...
s.sch004 References to the relevant designated standards used, including the date...
s.sch004 Where applicable, the approved body … (name, number) performed …...
s.sch004 Additional information: Signed for and on behalf of: (place and...
s.sch005 (1) A conformity assessment body must have legal personality and...
s.sch005 Paragraph 16 does not prevent the personnel from providing information...
s.sch005 (1) A conformity assessment body must be a third party...
s.sch005 Nothing in paragraph 3 of this Schedule precludes the use...
s.sch006 Paragraph 9 applies where an approved body is minded to—...
s.sch007 Enforcement powers under the 1987 Act
s.sch007 A withdrawal notice may require the relevant economic operator to...
s.sch007 A withdrawal notice may require the relevant economic operator to...
s.sch007 A consent given by the enforcing authority pursuant to a...
s.sch007 Subject to paragraph 15, an enforcing authority may revoke or...
s.sch007 An enforcing authority may not vary a withdrawal notice so...
s.sch007 A withdrawal notice has effect throughout the United Kingdom.
s.sch007 Recall notice
s.sch007 A recall notice may— (a) require the recall to be...
s.sch007 Modifications to the 1987 Act
s.sch007 A recall notice may only be issued by the enforcing...
s.sch007 A relevant economic operator which has received notice from the...
s.sch007 Paragraphs 21(b), (c) and (d) do not apply in the...
s.sch007 Where a relevant economic operator requires the enforcing authority to...
s.sch007 In this Schedule, “Institute” means the charitable organisation with registered...
s.sch007 A recall notice served by the enforcing authority may require...
s.sch007 Subject to paragraph 28, an enforcing authority may revoke or...
s.sch007 An enforcing authority may not vary a recall notice so...
s.sch007 A recall notice has effect throughout the United Kingdom.
s.sch007 Application of Schedule 5 to the Consumer Rights Act 2015
s.sch007 Interpretation
s.sch007 Compliance notice
s.sch007 A compliance notice may include directions as to the measures...
s.sch007 Subject to paragraph 8, an enforcing authority may revoke or...
s.sch007 An enforcing authority may not vary a compliance notice so...
s.sch007 Withdrawal notice

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