- 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.
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 551 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Distributor — also bound by 201 other Acts
Any Person — also bound by 2684 other Acts
Operator — also bound by 803 other Acts
Employer — also bound by 701 other Acts
Director or Officer — also bound by 482 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.
8 other sections in this Part — procedural and definitional
Obligations of economic operators
30 of 35 sections shown- Ensure electrical equipment meets essential safety and interference standardsManufacturer
- Assess equipment and create technical files before sellingManufacturer
- Create a declaration of conformity and apply the UK markingManufacturer
- Keep technical and conformity records for 10 yearsManufacturer
- Maintain compliance procedures for mass-produced goodsManufacturer
- Label apparatus with manufacturer identification and contact detailsManufacturer
- Provide clear English instructions and safety information with equipmentManufacturer
- Recall or fix non-compliant electrical equipment immediatelyManufacturer
- Provide information and co-operate with the enforcing authority upon requestManufacturer
- Do not import equipment that does not meet safety standardsManufacturer
- Verify manufacturer compliance before importing electrical equipmentManufacturer
- Do not import or sell non-compliant electromagnetic equipmentManufacturer
- Mark apparatus with your importer name and contact addressManufacturer
- Provide clear English instructions with electrical apparatusManufacturer
- Safely store and transport electronic equipment to maintain complianceManufacturer
- Fix, withdraw, or recall non-compliant electrical equipmentManufacturer
- Keep technical and compliance records for 10 yearsManufacturer
- Provide conformity information and co-operate with enforcement authoritiesManufacturer
- Ensure products meet electromagnetic compatibility standardsDistributor
- Verify product compliance before distributing electrical apparatusDistributor
- Stop the sale of non-compliant equipment and report risksDistributor
- Maintain safe storage and transport of electromagnetic equipmentDistributor
- Fix, withdraw, or recall non-compliant equipmentDistributor
- Provide conformity information and cooperate with enforcing authorities on requestDistributor
- Identify your supply chain to market surveillance authorities on requestOperator
- Translate the EU declaration of conformity into EnglishOperator
- Use the UK marking correctly and do not mislead consumersOperator
- Provide electromagnetic compatibility information and usage instructionsAny Person
- Document engineering practices for custom fixed installationsAny Person
- Set terms for appointing an authorised representativeManufacturer
5 other sections in this Part — procedural and definitional
Conformity of apparatus and equipment
4 of 6 sections shown- Demonstrate equipment conformity through specific assessment proceduresManufacturer
- Create and sign a formal Declaration of Conformity for equipmentManufacturer
- Affix UK(NI) indication for Northern Ireland productsManufacturer
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
Notification of conformity assessment bodies
4 of 9 sections shownOther duties (1) — Crown / regulator
- Secretary of State must monitor approved bodies for ongoing complianceCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must restrict, suspend or withdraw approved body status with procedural safeguardsCrown / Minister / Government department
- Approved bodies must follow assessment procedures and provide appealsConformity Assessment Body
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
Enforcement and market surveillance
10 of 21 sections shownOther duties (1) — Crown / regulator
- Specified authorities must enforce electromagnetic compatibility rulesStatutory regulator
Other duties (1) — Crown / regulator
- Local authorities must arrange for market surveillance of electronic equipmentLocal authority
Other duties (1) — Crown / regulator
- OPSS must follow specific procedures when taking enforcement actionStatutory regulator
Other duties (1) — Crown / regulator
- OPSS must evaluate equipment suspected of presenting a riskStatutory regulator
Other duties (1) — Crown / regulator
- OPSS must require corrective action for non-compliant equipmentStatutory regulator
Unlimited fine
Other duties (1) — Crown / regulator
- Secretary of State must coordinate with the EU on non-compliant equipmentCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Enforcing authorities must follow RAMS procedures for restrictive measuresStatutory regulator
- Fail to comply with EMC requirements or recall noticeAny Person
- Be liable for another's electromagnetic compliance offenceDirector or Officer
- Fail to comply with a court order to remedy an EMC breachAny Person
11 other sections in this Part — procedural and definitional
MISCELLANEOUS
1 of 5 sections shownOther 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
Schedules
56 of 106 shown- Perform electromagnetic compatibility assessment and create technical filesManufacturer
- Obtain EU-Type Examination and manage product conformityManufacturer
- Ensure your conformity assessment body meets independence and technical standardsConformity Assessment Body
- Design and manufacture equipment to limit electromagnetic disturbance and ensure immunityManufacturer
- Perform electromagnetic compatibility assessment of your apparatusManufacturer
- Assess electromagnetic compatibility under all normal conditionsManufacturer
- Create technical documentation showing EMC conformity and risk analysisManufacturer
- Prepare technical documentation for EMC complianceManufacturer
- Ensure manufacturing process and monitoring comply with technical documentation and essential requirementsManufacturer
- Affix UK marking to each compliant apparatusManufacturer
- Keep EU declaration of conformity for 10 yearsManufacturer
Other duties (1) — Crown / regulator
- Approved body must inform applicant if type fails EMC requirementsStatutory regulator
Other duties (1) — Crown / regulator
- Approved body must monitor technical changes and inform manufacturer if product may no longer complyStatutory regulator
- Notify the approved body of any changes to your approved product typeManufacturer
- Approved bodies must report type-examination certificates to notifying authorityConformity Assessment Body
Other duties (1) — Crown / regulator
- Approved bodies must share information on refused or withdrawn certificatesStatutory regulator
Other duties (1) — Crown / regulator
- Keep copies of type examination certificates and technical files until expiryStatutory regulator
- Keep Type Examination Certificate and technical docs for 10 yearsManufacturer
- Manufacturing process must produce apparatus conforming to approved type and regulationsManufacturer
- Affix UK marking and maintain declaration of conformity for apparatusManufacturer
- Apply for Type examination with an approved bodyManufacturer
- Prepare technical documentation for type examinationManufacturer
Other duties (1) — Crown / regulator
- Approved body must examine technical documentation for type examinationStatutory regulator
Other duties (1) — Crown / regulator
- Approved body must keep evaluation report confidential unless manufacturer agreesStatutory regulator
Other duties (1) — Crown / regulator
- Approved body must issue Type examination certificate when type meets requirementsStatutory regulator
Other duties (1) — Crown / regulator
- Approved bodies must include all required information in Type examination certificatesStatutory regulator
- Maintain adequate staff, procedures and policies for conformity assessmentConformity Assessment Body
- Have the resources and equipment needed to perform conformity assessmentsConformity Assessment Body
- Personnel must have technical training, knowledge, and assessment abilityAny Person
- Demonstrate impartiality of top management and assessment personnelConformity Assessment Body
- Ensure remuneration of conformity assessment staff is not linked to outcomesAny Person
- Maintain civil liability insurance and prove it to the Secretary of StateConformity Assessment Body
- Keep all information obtained during conformity assessment confidentialConformity Assessment Body
- Conformity assessment bodies must participate in standardisation and apply coordination group guidanceConformity Assessment Body
- Conformity assessment bodies must avoid conflicts of interestConformity Assessment Body
- Conformity assessment bodies must stay independent of apparatus activitiesConformity Assessment Body
- Conformity assessment bodies must avoid conflicts of interestConformity Assessment Body
- Ensure subsidiaries and subcontractors do not compromise assessment integrityConformity Assessment Body
- Perform conformity assessments with integrity, competence, and independenceConformity Assessment Body
- Ensure your conformity assessment body can perform all approved activitiesConformity Assessment Body
- Carry out conformity assessments using correct proceduresConformity Assessment Body
- Notify Secretary of State of certificate status changes and assessment activitiesConformity Assessment Body
- Include appeal rights in contracts for certificate decisionsConformity Assessment Body
- Share negative and (on request) positive conformity assessment results with other approved bodiesConformity Assessment Body
- Approved bodies must join and participate in coordination groupsConformity Assessment Body
Other duties (1) — Crown / regulator
- Approved bodies must perform conformity assessments proportionately and avoid unnecessary burdensStatutory regulator
Other duties (1) — Crown / regulator
- Tailor conformity assessments to business size and product complexityStatutory regulator
Other duties (1) — Crown / regulator
- Conformity assessment bodies must apply proper rigour in assessing apparatus complianceStatutory regulator
- Approved bodies must require corrective measures and refuse certification when standards not metEmployer
Other duties (1) — Crown / regulator
- Approved/notified body must require corrective measures and suspend/withdraw certificate if non-conformity foundStatutory regulator
Other duties (1) — Crown / regulator
- Approved body must restrict, suspend or withdraw certificates when corrective measures failStatutory regulator
Other duties (1) — Crown / regulator
- Approved body must give you written reasons and a chance to respond before refusing a certificateStatutory regulator
- Do not supply prohibited apparatus without consentOperator
- Use reasonable endeavours to organise return of recalled apparatusOperator
Other duties (1) — Crown / regulator
- Regulator must consider encouraging distributor and user cooperation in recall noticesStatutory regulator
- Respond to a compliance notice: fix the issue or prove you didn't breach the rulesOperator
50 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Set up as an electronics or electrical equipment manufacturer
Learning path for new electronics and electrical equipment manufacturers and importers placing products on the GB and UK market. Work out which …
Set up a machinery manufacturing business
For new makers of engines, pumps, machine tools, lifting equipment, agricultural machinery and industrial plant. Control the factory's hazards, meet the conformity …
5 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.