- 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 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.
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.
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.