UK Statutory Instrument
2016
United Kingdom
Electromagnetic Compatibility Regulations 2016
At a glance
Enforced by
What's here
104 compliance obligations, 5 practical guides across 2 topics
Penalty landscape
5 of 104 obligations carry imprisonment (3 months). 2 carry different penalties and 97 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 38
- Any Person 18
- Licence Holder 7
- Distributor 6
- Operator 6
- Employer 1
- Director or Officer 1
Plus 27 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 472 other Acts (top 5 shown)
- Pressure Equipment (Safety) Regulations 2016 2016 91 duties
- Lifts Regulations 2016 2016 70 duties
- The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 2021 70 duties
- Non-Automatic Weighing Instruments Regulations 2016 2016 67 duties
- Pyrotechnic Articles (Safety) Regulations 2015 2015 64 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Licence Holders also bound by 221 other Acts (top 5 shown)
- Petroleum (Current Model Clauses) Order 1999 1999 317 duties
- The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 2004 123 duties
- Human Medicines Regulations 2012 2012 76 duties
- Space Industry Regulations 2021 2021 68 duties
- The Petroleum (Production) (Landward Areas) Regulations 1991 1991 65 duties
Distributors also bound by 177 other Acts (top 5 shown)
- The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 2017 28 duties
- The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 2017 26 duties
- The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 2017 25 duties
- Electricity Safety, Quality and Continuity Regulations 2002 2002 21 duties
- THE ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS (NORTHERN IRELAND) 2012 2012 19 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 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 8 other sections in this Part — procedural / definitional / commencement
Citation and commencement
Interpretation
Application
Application of safety legislation
Exhibition at trade fairs
Making available or putting into service
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
Declaration of conformity and UK marking
- Create a declaration of conformity and apply the UK marking Manufacturer
Retention of technical documentation and EU declaration of conformity
- Keep technical and conformity records for 10 years 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
Provision of information and co-operation
- Provide information and co-operate with the enforcing authority upon request Manufacturer
Prohibition on placing apparatus on the market which is not in conformity
- Do not import equipment that does not meet safety standards Manufacturer
Requirements that must be satisfied before an importer places apparatus on the market
- Verify manufacturer compliance before importing electrical equipment Manufacturer
Duty not to place non-conforming apparatus on the market
- Do not import or sell non-compliant electromagnetic equipment Manufacturer
Information identifying importer
- Mark apparatus with your importer name and contact address Manufacturer
Instructions and information
- Provide clear English instructions with electrical apparatus Manufacturer
Storage and transport
- Safely store and transport electronic equipment to maintain compliance 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
Retention of technical documentation and EU declaration of conformity
- Keep technical and compliance records for 10 years Manufacturer
Provision of information and co-operation
- Provide conformity information and co-operate with enforcement authorities Manufacturer
Duty to act with due care
- Ensure products meet electromagnetic compatibility standards Distributor
Making available on the market
- Verify product compliance before distributing electrical apparatus 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
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
Provision of information and co-operation
- Provide conformity information and cooperate with enforcing authorities on request Distributor
Identification of economic operators
- Identify your supply chain to market surveillance authorities on request Operator
Translation of EU declaration of conformity
- Translate the EU declaration of conformity into English Operator
Prohibition on improper use of UK marking
- Use the UK marking correctly and do not mislead consumers 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
Appointment of an authorised representative
- Set terms for appointing an authorised representative Manufacturer
Browse 5 other sections in this Part — procedural / definitional / commencement
Essential requirements
Cases in which the obligations of manufacturers apply to importers and distributors
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
Declaration of conformity
3 months imprisonment- Create and sign a formal Declaration of Conformity for equipment Manufacturer
UK(NI) indication
- Affix UK(NI) indication for Northern Ireland products 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
Browse 2 other sections in this Part — procedural / definitional / commencement
Presumption of conformity
UK marking
Part 4 — Notification of conformity assessment bodies
Monitoring
Other duties (1) — Crown / regulator
- Secretary of State must monitor approved bodies for ongoing compliance Crown / Minister / Government department
Restriction, suspension or withdrawal of approval
Other duties (1) — Crown / regulator
- Secretary of State must restrict, suspend or withdraw approved body status with procedural safeguards 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
Browse 5 other sections in this Part — procedural / definitional / commencement
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
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
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 11 other sections in this Part — procedural / definitional / commencement
Enforcement powers
Enforcement action in respect of formal non-compliance
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
Review
Other duties (1) — Crown / regulator
- Secretary of State must review the Electromagnetic Compatibility Regulations Crown / Minister / Government department
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
General requirements
- Design and manufacture equipment to limit electromagnetic disturbance and ensure immunity Manufacturer
The manufacturer must perform an electromagnetic compatibility assessment of the...
- Perform electromagnetic compatibility assessment of your apparatus Manufacturer
The electromagnetic compatibility assessment must take into account all normal...
- Assess electromagnetic compatibility under all normal conditions Manufacturer
The manufacturer must establish the technical documentation. The documentation must...
- Create technical documentation showing EMC conformity and risk analysis Manufacturer
The technical documentation must specify the applicable requirements and cover,...
- Prepare technical documentation for EMC compliance Manufacturer
The manufacturer must take all measures necessary so that the...
- Ensure manufacturing process and monitoring comply with technical documentation and essential requirements Manufacturer
The manufacturer must affix the UK marking to each individual...
- Affix UK marking to each compliant apparatus Manufacturer
The manufacturer must draw up a written EU declaration of...
- Keep EU declaration of conformity for 10 years Manufacturer
Where the type does not satisfy the applicable requirements of...
Other duties (1) — Crown / regulator
- Approved body must inform applicant if type fails EMC requirements Statutory regulator
The approved body must keep itself apprised of any changes...
Other duties (1) — Crown / regulator
- Approved body must monitor technical changes and inform manufacturer if product may no longer comply Statutory regulator
The manufacturer must inform the approved body that holds the...
- Notify the approved body of any changes to your approved product type Manufacturer
Each approved body must inform its notifying authority of any...
- Approved bodies must report type-examination certificates to notifying authority Licence Holder
Each approved body must inform the other approved bodies of...
Other duties (1) — Crown / regulator
- Approved bodies must share information on refused or withdrawn certificates Statutory regulator
The Secretary of State and the other approved bodies may,...
Other duties (1) — Crown / regulator
- Keep copies of type examination certificates and technical files until expiry Statutory regulator
The manufacturer must keep a copy of the Type examination...
- Keep Type Examination Certificate and technical docs for 10 years Manufacturer
Manufacturing
- Manufacturing process must produce apparatus conforming to approved type and regulations Manufacturer
UK marking and ... declaration of conformity
- Affix UK marking and maintain declaration of conformity for apparatus Manufacturer
The manufacturer must lodge an application for Type examination with...
- Apply for Type examination with an approved body Manufacturer
The approved body must examine the technical documentation to assess...
Other duties (1) — Crown / regulator
- Approved body must examine technical documentation for type examination Statutory regulator
The approved body must draw up an evaluation report which...
Other duties (1) — Crown / regulator
- Approved body must keep evaluation report confidential unless manufacturer agrees Statutory regulator
Where the type meets the requirements of these Regulations that...
Other duties (1) — Crown / regulator
- Approved body must issue Type examination certificate when type meets requirements Statutory regulator
The Type examination certificate, which may be accompanied by one...
Other duties (1) — Crown / regulator
- Approved bodies must include all required information in Type examination certificates Statutory regulator
A conformity assessment body must have at its disposal—
- Maintain adequate staff, procedures and policies for conformity assessment Any Person
A conformity assessment body must have the means necessary to...
- Have the resources and equipment needed to perform conformity assessments Manufacturer
The personnel responsible for carrying out the conformity assessment activities...
- Personnel must have technical training, knowledge, and assessment ability Any Person
A conformity assessment body must be able to demonstrate the...
- Demonstrate impartiality of top management and assessment personnel Any Person
The remuneration of the top level management and the personnel...
- Ensure remuneration of conformity assessment staff is not linked to outcomes Any Person
A conformity assessment body must have, and must satisfy the...
- Maintain civil liability insurance and prove it to the Secretary of State Any Person
A conformity assessment body must ensure that its personnel observe...
- Keep all information obtained during conformity assessment confidential Any Person
A conformity assessment body must participate in, or ensure that...
- Conformity assessment bodies must participate in standardisation and apply coordination group guidance Any Person
A conformity assessment body, its top level management and the...
- Conformity assessment bodies must avoid conflicts of interest Any Person
A conformity assessment body, its top level management and the...
- Conformity assessment bodies must stay independent of apparatus activities Any Person
A conformity assessment body, its top level management and the...
- Conformity assessment bodies must avoid conflicts of interest Any Person
A conformity assessment body must ensure that the activities of...
- Ensure subsidiaries and subcontractors do not compromise assessment integrity Any Person
A conformity assessment body and its personnel must carry out...
- Perform conformity assessments with integrity, competence, and independence Any Person
A conformity assessment body must be capable of carrying out...
- Ensure your conformity assessment body can perform all approved activities Any Person
An approved body must carry out conformity assessments in accordance...
- Carry out conformity assessments using correct procedures Licence Holder
An approved body must inform the Secretary of State of—...
- Notify Secretary of State of certificate status changes and assessment activities Licence Holder
An approved body must make provision in its contracts with...
- Include appeal rights in contracts for certificate decisions Licence Holder
An approved body must provide other bodies approved under these...
- Share negative and (on request) positive conformity assessment results with other approved bodies Licence Holder
An approved body must participate in the work of any...
- Approved bodies must join and participate in coordination groups Licence Holder
An approved body must carry out conformity assessments in a...
Other duties (1) — Crown / regulator
- Approved bodies must perform conformity assessments proportionately and avoid unnecessary burdens Statutory regulator
Conformity assessment bodies must perform their activities taking due account...
Other duties (1) — Crown / regulator
- Tailor conformity assessments to business size and product complexity Statutory regulator
Conformity assessment bodies must respect the degree of rigour and...
Other duties (1) — Crown / regulator
- Conformity assessment bodies must apply proper rigour in assessing apparatus compliance Statutory regulator
Where an approved body finds that the essential requirements or...
- Approved bodies must require corrective measures and refuse certification when standards not met Employer
Where, in the course of the monitoring of the conformity...
Other duties (1) — Crown / regulator
- Approved/notified body must require corrective measures and suspend/withdraw certificate if non-conformity found Statutory regulator
Where corrective measures are not taken or do not have...
Other duties (1) — Crown / regulator
- Approved body must restrict, suspend or withdraw certificates when corrective measures fail Statutory regulator
Where this paragraph applies, the approved body must—
Other duties (1) — Crown / regulator
- Approved body must give you written reasons and a chance to respond before refusing a certificate Statutory regulator
A withdrawal notice must prohibit the relevant economic operator from...
- Do not supply prohibited apparatus without consent Operator
A recall notice must require the relevant economic operator to...
- Use reasonable endeavours to organise return of recalled apparatus Operator
In determining what requirements to include in a recall notice,...
Other duties (1) — Crown / regulator
- Regulator must consider encouraging distributor and user cooperation in recall notices Statutory regulator
A compliance notice must— (a) require the relevant economic operator...
- Respond to a compliance notice: fix the issue or prove you didn't breach the rules Operator
Browse 51 other Schedules — structural / supplementary
EU declaration Declaration of conformity
Enforcement and investigatory powers conferred on the enforcing authority and the market surveillance authority
Specific requirements for fixed installations
Internal production control is the conformity assessment procedure whereby the...
The manufacturer's obligations set out in paragraphs 7 and 8...
Type examination is the part of a conformity assessment procedure...
The manufacturer's authorised representative may lodge the application referred to...
Conformity to type based on internal production control is the...
Type examination must be carried out by an assessment of...
Authorised representative
The technical documentation referred to in paragraph 3(c) of this...
The Type examination certificate and any annexes to that certificate...
Declaration of conformity (No xxxx)
Name and address of manufacturer or the manufacturer's authorised representative:...
This declaration of conformity is issued under the sole responsibility...
Object of the declaration (identification of apparatus allowing traceability; it...
The object of the declaration described above is in conformity...
References to the relevant designated standards used, including the date...
Where applicable, the approved body … (name, number) performed …...
Additional information: Signed for and on behalf of: (place and...
(1) A conformity assessment body must have legal personality and...
Paragraph 16 does not prevent the personnel from providing information...
(1) A conformity assessment body must be a third party...
Nothing in paragraph 3 of this Schedule precludes the use...
Paragraph 9 applies where an approved body is minded to—...
Enforcement powers under the 1987 Act
A withdrawal notice may require the relevant economic operator to...
A withdrawal notice may require the relevant economic operator to...
A consent given by the enforcing authority pursuant to a...
Subject to paragraph 15, an enforcing authority may revoke or...
An enforcing authority may not vary a withdrawal notice so...
A withdrawal notice has effect throughout the United Kingdom.
Recall notice
A recall notice may— (a) require the recall to be...
Modifications to the 1987 Act
A recall notice may only be issued by the enforcing...
A relevant economic operator which has received notice from the...
Paragraphs 21(b), (c) and (d) do not apply in the...
Where a relevant economic operator requires the enforcing authority to...
In this Schedule, “Institute” means the charitable organisation with registered...
A recall notice served by the enforcing authority may require...
Subject to paragraph 28, an enforcing authority may revoke or...
An enforcing authority may not vary a recall notice so...
A recall notice has effect throughout the United Kingdom.
Application of Schedule 5 to the Consumer Rights Act 2015
Interpretation
Compliance notice
A compliance notice may include directions as to the measures...
Subject to paragraph 8, an enforcing authority may revoke or...
An enforcing authority may not vary a compliance notice so...
Withdrawal notice
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Electromagnetic Compatibility Regulations 2016: Northern Ireland (opens in a new tab) from OPSS Detailed Guidance
- Electromagnetic Compatibility Regulations 2016: Great Britain (opens in a new tab) from OPSS Detailed Guidance
- Vehicle Certification Agency (opens in a new tab) from VCA Detailed Guidance
- Radio equipment regulations guidance (opens in a new tab) from Ofcom Detailed Guidance
- UK designated standards (opens in a new tab) Detailed Guidance
- RoHS Regulations 2012 - compliance and guidance (opens in a new tab) from OPSS Detailed Guidance
- OPSS guidance on Electrical Equipment (Safety) Regulations 2016 (opens in a new tab) from OPSS 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 …
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Regulators
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