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What this means for your business

43 obligations

10 penalties

10 can imprison

1 guides

Enforced by: OPSS
Applies to: United Kingdom
On this page: 43 compliance obligations, 1 practical guide

Read full text on legislation.gov.uk

What you must do

43 compliance obligations under this legislation — 10 can result in imprisonment.

Appointments 1

If you manufacture radio equipment and you do not have a UK presence, you must appoint a person based in the UK as an authorised representative. You need a written mandate that gives them the power to handle the technical file, declaration of conformity and provide information to regulators, but you cannot let them take on design or marking responsibilities. Even after appointing them, you remain liable for those duties.

Manufacturer/Importer s.19 OPSS When you place radio equipment on the UK market and do not …

Risk assessment 2

If your business is an approved body under the Radio Equipment Regulations, you must perform the conformity‑assessment tests you have been authorised to do, following the detailed rules in Schedule 9. You also need to give manufacturers a clear way to appeal if you refuse to issue a type‑examination certificate or UK‑marking.

Employer s.51 OPSS When acting as an approved (or notified) body under the Radio Equipment …

If you manufacture radio equipment you must test it in every possible configuration and under all intended and reasonably foreseeable operating conditions to show it meets the essential safety and performance requirements. You also have to follow one of the approved assessment procedures (internal production control, type‑examination plus internal control, or full quality‑assurance) depending on whether you have used the designated standards.

Manufacturer/Importer s.41 OPSS When you place radio equipment on the market

Equipment and safety 9

You must put the UK regulatory mark on every radio device you place on the market, as well as on its data plate, packaging and any accompanying documents. The mark has to be clearly visible, legible and permanent, and for the first seven years after the product’s IP‑completion date you may use a label or a document instead of marking the product itself. If an approved body carried out the conformity assessment, you also need to add its identification number in the same size.

Manufacturer/Importer s.44 OPSS When placing radio equipment on the UK market (or during the first …

If your radio equipment carries a CE mark based on a UK notified‑body assessment, you must also attach a UK(NI) label that is clear, permanent and placed alongside the CE mark before you sell it in Northern Ireland. The manufacturer (or its authorised representative) must do this, and any importer must check that the label has been applied.

Manufacturer/Importer UK(NI) indication OPSS When the CE marking is based on an assessment or certificate from …

If you manufacture radio equipment you must design and construct it so that it does not endanger people, animals or property, complies with electromagnetic compatibility standards, and uses the radio spectrum efficiently to avoid causing harmful interference. In practice this means testing your product and keeping evidence that it meets the relevant health‑and‑safety, EMC and spectrum‑use requirements before you place it on the market.

Manufacturer/Importer s.6 OPSS

If you sell a common charger radio device, you must show a specific picture on the pack (or a sticker) to tell customers whether a charging device comes with it. The picture has to be at least 7 mm, clearly visible and legible, and for online sales it must sit close to the price.

Manufacturer/Importer Schedule 1C OPSS When you place common charger radio equipment on the market (including online …

If your business manufactures radio equipment that is subject to UK restrictions or needs authorisation before it can be used, you must tell users about those limits. This information has to be part of the user instructions required by regulation 13 and must be presented in the format set out in the implementing regulation.

Manufacturer/Importer s.14 OPSS When UK restrictions on putting the radio equipment into service or authorisation …

If your business sells or supplies a common‑charger radio device, you must attach a label that displays the minimum and maximum charging power (shown as XX W and YY W) and, where relevant, the “USB PD” logo. The label has to be clearly visible and legible, at least 7 mm in its smallest dimension, and must keep the same proportions even if you change its size.

Trader/Business Schedule 1B OPSS When you place or make available common‑charger radio equipment on the market

If you manufacture radio equipment, you must put a unique identifier (like a type, batch or serial number) on each device, together with your name or trade mark and a contact postal address. The information must be clear and in a language users and regulators can understand. If the device is too small to carry the markings, the same details must appear on the packaging or an accompanying document.

Manufacturer/Importer s.12 OPSS When placing radio equipment on the market

If you manufacture or place a common‑charger radio device on the UK market, you must show the minimum and maximum charging power (in Watts) that the device needs. For devices that can be charged at more than 5 V, 3 A or 15 W you also need to state that it supports USB‑PD fast charging and list any other charging protocols. The information can also be made available via QR‑code.

Manufacturer/Importer Schedule 1A OPSS When you place common‑charger radio equipment on the market (including higher‑power devices)

If you, as a distributor, suspect that any radio equipment you have put on the market does not meet the required standards, you must act – either make it compliant, withdraw it, or recall it. Where the equipment presents a safety risk you must also inform the market‑surveillance authority at once, explaining why it is non‑conforming and what you have done about it.

Trader/Business s.34 OPSS If you consider, or have reason to believe, any radio equipment you …

Management duties 18

If your company is a notified approved body, you must assess radio equipment against the Radio Equipment Regulations, only issue certificates when the equipment meets the essential requirements, require manufacturers to fix any non‑conformities, keep the Secretary of State informed of refusals or withdrawals, give manufacturers a chance to appeal, share assessment results with other approved bodies, and take part in any regulator‑run coordination group.

Trader/Business Schedule 9 OPSS When acting as a notified approved body that carries out conformity assessments …

If an enforcement authority tells you that your radio equipment does not meet the regulations and poses a risk, you must act quickly to fix it, withdraw it from sale, or recall it as instructed. You also have to inform the notified body about the problem and the steps you are taking. Failing to do so can lead to the product being banned from the market and criminal prosecution.

Manufacturer/Importer s.60 OPSS Enforcing authority identifies your radio equipment as not conforming with Part 2 …

If you import radio equipment, you must make sure the manufacturer has carried out the required conformity assessment, that the product is built so it won’t breach UK spectrum rules, and that all technical documents, UK marking and user information are in place before you put the gear on the market. In practice this means checking you have the assessment report, technical files, UK logo and the correct instructions and authorisation information ready to go.

Trader/Business s.21 OPSS Before placing imported radio equipment on the UK market

If you supply radio equipment, you must take reasonable steps to confirm it meets the technical requirements set out in Part 2 of the Radio Equipment Regulations before you make it available to customers. In practice this means checking conformity (e.g., testing, reviewing documentation) and only placing compliant products on the market.

Trader/Business s.30 OPSS When placing radio equipment on the market

If you import radio equipment, you must make sure that the way you store or move it never damages its compliance with the required standards. In practice this means checking that the environment (e.g., temperature, humidity, handling) during storage and transit is appropriate and keeping records to prove it.

Trader/Business s.25 OPSS When you are the importer responsible for radio equipment

If you distribute radio equipment, you must keep it in storage and during transport under conditions that do not damage its compliance with the required technical standards. This means you need to control factors such as packaging, temperature, humidity and handling so the equipment stays fit for use.

Trader/Business s.33 OPSS When you store or transport radio equipment as a distributor

If your company provides conformity assessment services for radio equipment, you must be set up as an independent body in the UK (or a CPTPP territory), keep staff free from conflicts of interest, have documented procedures, appropriate technical competence, civil‑liability insurance and safeguard confidentiality. In practice you need to prove that your organisation and its people are independent, qualified and properly resourced at all times.

Trader/Business Schedule 8 OPSS When your business acts as a conformity assessment body for radio equipment …

If you import radio equipment, you must test samples, investigate any complaints that the equipment does not meet the safety rules, and keep a register of complaints, non‑conforming items and recalls. You also have to let the distributors you work with know about any monitoring you carry out. All register entries must be kept for at least ten years.

Trader/Business s.26 OPSS

If you manufacture radio equipment, you must regularly test your products, look into any complaints that they don’t meet the essential safety requirements, keep a detailed register of complaints, non‑conforming items and recalls, and let your distributors know about any monitoring you carry out. Each record must be kept for at least ten years.

Manufacturer/Importer s.18 OPSS When health and safety risks associated with your radio equipment justify monitoring

If your business supplies radio equipment that can use a common charger, you must also make available a version that does not include a charging device. You must put the correct pictogram on the packaging – one picture if a charger is included, a different one if no charger is supplied – following the layout set out in Schedule 1C.

Manufacturer/Importer Requirement to offer common charger radio equipmen OPSS When you place on the market common‑charger radio equipment that includes a …

If you import radio equipment and sell it in the UK, you must make sure each item comes with instructions and safety information that are easy to read, clearly written and in plain English. This means checking the documents before the product is placed on the market and keeping copies as evidence.

Trader/Business s.24 OPSS When placing radio equipment on the UK market

When you sell radio equipment, you must supply clear, legible English user instructions and safety information that explain how to use the device, its accessories and any software. For equipment that deliberately emits radio waves you also need to give the frequency band(s) it can use and the maximum power, and include a declaration of conformity (or a simplified version) with each item.

Manufacturer/Importer s.13 OPSS When placing radio equipment on the market

Before you sell any radio equipment you must have written procedures that guarantee each item you produce meets the required standards. If you change the design of the equipment or a referenced standard changes, you must update those procedures so production stays in conformity.

Manufacturer/Importer s.17 OPSS when placing radio equipment on the market (and whenever design or standard …

If an enforcement authority decides that one of your radio products meets the technical standards but still poses a health, safety or environmental risk, you must act. You have to fix the product, withdraw it from sale or carry out a recall within the time‑frame set by the authority, and provide the required information about the product and the steps you have taken.

Manufacturer/Importer s.62 OPSS Enforcing authority finds a compliant radio product that still presents a risk …

If you manufacture radio equipment and you realise (or have reason to suspect) that a product you’ve placed on the market does not meet the required standards, you must act straight away – either fix it, withdraw it or recall it. If the product also poses a safety risk, you must immediately tell the market surveillance authority about the problem and what you are doing to fix it.

Manufacturer/Importer s.15 OPSS When you consider or have reason to believe your radio equipment is …

If you import radio equipment and realise, or have reason to suspect, that it does not meet the Radio Equipment Regulations, you must act straight away – either fix it, withdraw it from sale or recall it. If the product also poses a safety risk you must promptly tell the market surveillance authority and give details of the problem and what you have done.

Trader/Business s.27 OPSS When you consider or have reason to believe the radio equipment you …

Before you sell or make radio equipment available in the UK, you must have the EU declaration of conformity (and the simplified version, if used) available in the language required by the market. In Northern Ireland this means the declaration must be in English. The translation must be ready before the product is placed on the market.

Manufacturer/Importer s.37 OPSS When placing radio equipment on the market or making it available for …

Before you put any radio device on the market, you must check that it carries the UK marking, comes with all required paperwork and clear English instructions, and that the manufacturer and importer have fulfilled their own statutory duties. If any of these checks fail, you cannot supply the product.

Trader/Business s.31 OPSS Before making radio equipment available on the market (i.e., before each sale …

Other requirements 5

If your business receives a notice under the Radio Equipment Regulations, you can ask a court to change or cancel it. You must lodge the appeal within 21 days of the notice being served, otherwise the notice will remain in force.

Any Person s.73 OPSS You have been served a notice under the Radio Equipment Regulations

If you put radio equipment on the UK market, you must produce a written declaration confirming it meets all essential requirements. The declaration must include the required statements and follow the exact format set out in Schedule 6 of the Regulations. You’ll need to keep this document and show it to authorities if asked.

Manufacturer/Importer s.42 OPSS when placing radio equipment on the UK market

Before you sell any radio equipment, you must produce a declaration of conformity confirming it meets the essential requirements and you must put the UK mark on the product. Keep that declaration up‑to‑date, and if other laws also require a declaration you can combine them into a single document.

Manufacturer/Importer s.10 OPSS When you have demonstrated compliance via a conformity assessment and intend to …

If you choose to use the simplified conformity declaration for your radio equipment, you must include all required details and follow the template set out in Schedule 7. You also have to make the full declaration accessible online at the web address you give in the simplified version.

Manufacturer/Importer s.43 OPSS When you provide only a simplified declaration of conformity under regulation 13(3)

If you manufacture radio equipment, you must supply a simplified EU declaration of conformity with each product. The declaration must state that the equipment complies with the relevant statutory requirements and you must make the full EU declaration available online via a web address.

Manufacturer/Importer Schedule 7 OPSS when placing radio equipment on the market

Offences and prohibitions 5

If your business places the UK conformity marking on radio equipment when you are not the manufacturer or have not completed the required conformity assessment, or you use any other marking that could mislead people about the UK marking, you are committing an offence. Conviction can lead to prosecution, a fine and possibly imprisonment, although the exact penalties are set elsewhere in the regulations.

Any Person s.39 OPSS

If a breach of the Radio Equipment Regulations (for example, putting non‑compliant radio equipment on the market) happens because of something you did or failed to do in the course of business, you can be prosecuted even if you are not the main offender. This applies to directors, managers, secretaries, partners and similar officers, as well as to corporations where such a person consents, connives or is negligent. Conviction can result in a fine and possible imprisonment, as set out for the underlying offence.

Director/Officer s.68 OPSS

If you place radio equipment on the market or put it into service that does not meet the requirements of regulation 65, you commit an offence. On summary conviction you can be fined (unlimited amount) and/or sentenced to up to three months in prison. The case will be heard in the Magistrates’ Court.

Any Person s.66 OPSS

If you import radio equipment that you know – or have reason to believe – does not meet the essential requirements, you must not put it on the UK market. Doing so breaches the Radio Equipment Regulations and is a criminal offence. You could be prosecuted, face an unlimited fine, possible imprisonment and must also report any safety risk to the manufacturer and the market‑surveillance authority.

Any Person s.22 OPSS

If you import radio equipment and sell it on the UK market without it meeting the essential requirements set out in the Radio Equipment Regulations, you commit a criminal offence. A conviction can lead to a fine (potentially unlimited) and/or imprisonment, so you must ensure the equipment is tested and certified before it is placed on the market.

Any Person s.20 OPSS

Record keeping 3

If you manufacture radio equipment, you must keep a technical file that shows how the product meets the essential safety and performance requirements. The file must include at least the items listed in Schedule 5, be prepared before the equipment is placed on the market and be kept up‑to‑date. If the file is insufficient, the market surveillance authority can order you to pay for testing to prove conformity.

Manufacturer/Importer s.45 OPSS when placing radio equipment on the market

If you manufacture radio equipment, you must retain a copy of the EU declaration of conformity and all technical documentation for each product you sell. Keep these records for 10 years from the date the product is first placed on the market and be ready to show them to the regulator if they ask.

Manufacturer/Importer s.11 OPSS

If you import radio equipment, you must keep a copy of its declaration of conformity and all technical documentation for 10 years from the day you first place the product on the market. If a regulator asks, you must make those documents available to them.

Trader/Business s.28 OPSS