European Communities (Electromagnetic Compatibility) Regulations 2017.

• Jurisdiction: Ireland
• Year: 2017
• Citation: IR SI 69/2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th March, 2017.

I, MARY MITCHELL O’CONNOR, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2014/30/EU of the European Parliament and of the Council of 26 February 20141 , hereby make the following regulations:

Part 1

General Provisions

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Electromagnetic Compatibility) Regulations 2017.

(2) These Regulations and the Regulations of 2016 may be cited together as the European Communities (Electromagnetic Compatibility) Regulations 2016 and 2017.

Interpretation

2. (1) In these Regulations—

“authorised officer” means a person appointed under Regulation 26;

“competent national authority” means—

(a) in relation to the State, the Regulator, and

(b) in relation to another Member State, the competent authority under the Directive, of that other Member State;

“Directive” means 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)1;

“fixed installation compliance notice” has the meaning assigned to it by Regulation 19(11);

“formal non-compliance notice” has the meaning assigned to it by Regulation 24;

“notice of appeal” has the meaning assigned to it by Regulation 30;

“notice under these Regulations” means all of the following:

(a) a fixed installation compliance notice;

(b) a formal non-compliance notice;

(c) a risk compliance notice;

“notified body” has the meaning assigned to it by the Regulations of 2016;

“Regulator” means the Commission for Communications Regulation;

“Regulation (EC) No. 765/2008” has the meaning assigned to it by the Regulations of 2016;

“Regulations of 2007” means the European Communities (Electromagnetic Compatibility) Regulations 2007 ( S.I. No. 109 of 2007 );

“Regulations of 2016” means the European Communities (Electromagnetic Compatibility) Regulations 2016 ( S.I. No. 145 of 2016 );

“risk compliance notice” has the meaning assigned to it by Regulation 22;

“Union” means the European Union.

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

Application

3. (1) These Regulations shall apply to equipment.

(2) These Regulations shall not apply to—

(a) equipment covered by Directive 1999/5/EC2 ,

(b) aeronautical products, parts and appliances as referred to in Regulation (EC) No. 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No. 1592/2002 and Directive 2004/36/EC3 ,

(c) radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted in the framework of the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union, unless the equipment is made available on the market,

(d) equipment the inherent nature of the physical characteristics of which is such that:

(i) it is incapable of generating or contributing to electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended; and

(ii) it operates without unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use,

(e) custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

(3) For the purposes of subparagraph (c) of paragraph (2), kits of components to be assembled by radio amateurs and equipment made available on the market and modified by and for the use of radio amateurs are not regarded as equipment made available on the market.

(4) Where, for the equipment referred to in paragraph (1), the essential requirements set out in Annex I to the Directive are wholly or partly laid down more specifically by other Union legislation, these Regulations shall not apply, or shall cease to apply, to that equipment in respect of such requirements from the date of implementation of that Union legislation.

(5) These Regulations shall not affect the application of Union or national legislation regulating the safety of equipment.

Making available on the market, and putting into service, equipment

4. A person shall not—

(a) make available on the market equipment to which these Regulations apply, or

(b) put into service equipment to which these Regulations apply,

unless that equipment complies with these Regulations when it is properly installed, maintained and used for its intended purpose.

Exception for trade fairs, exhibitions and similar events

5. (1) Nothing in these Regulations shall prevent the display or demonstration of equipment which does not comply with these Regulations at trade fairs, exhibitions or similar events if a visible sign clearly indicates that the equipment may not be made available on the market or put into service until it has been brought into conformity with these Regulations.

(2) A person shall not demonstrate equipment which does not comply with these Regulations unless adequate measures are taken to avoid electromagnetic disturbances during the demonstration.

Essential requirements for equipment to which these Regulations apply

6. (1) Equipment to which these Regulations apply shall meet the essential requirements set out in Annex I to the Directive.

(2) A person shall not—

(a) make available on the market equipment to which these Regulations apply, or

(b) put into service equipment to which these Regulations apply,

unless the equipment concerned meets the essential requirements set out in Annex I to the Directive.

(3) A person who—

(a) owns a fixed installation which is put into service, or

(b) operates a fixed installation which is put into service,

shall not put the fixed installation concerned into service unless the fixed installation concerned meets the essential requirements set out in Annex I to the Directive.

Part 2

Obligations of economic operators

Obligations of manufacturers

7. (1) A manufacturer shall ensure that apparatus placed on the market has been designed and manufactured in accordance with the essential requirements set out in Annex I to the Directive.

(2) A manufacturer shall—

(a) draw up the technical documentation referred to in Annex II to the Directive or Annex III to the Directive, and

(b) carry out the relevant conformity assessment procedure referred to in Regulation 14 or have it carried out.

(3) Where compliance of apparatus with the applicable requirements has been demonstrated by the procedure referred to in paragraph (2)(b), the manufacturer concerned shall—

(a) draw up an EU declaration of conformity, and

(b) affix the CE marking,

in accordance with these Regulations.

(4) A manufacturer shall keep the technical documentation and the EU declaration of conformity for 10 years after the apparatus has been placed on the market.

(5) A manufacturer shall ensure that procedures are in place for series production to remain in conformity with these Regulations, having regard to any changes in apparatus design or characteristics and the harmonised standards or other technical specifications by reference to which conformity of apparatus is declared.

(6) A manufacturer shall ensure that apparatus which the manufacturer has placed on the market—

(a) bears a type, batch or serial number or other element allowing for the identification of the apparatus, or

(b) where the size or nature of that apparatus does not allow it, that the required information is provided on the packaging or in a document accompanying the apparatus.

(7) A manufacturer shall—

(a) indicate on the apparatus the name of the manufacturer concerned, the registered trade name, or registered trade mark, and the postal address at which the manufacturer can be contacted, or

(b) where it is not possible to indicate the matters referred to in subparagraph (a) on the apparatus, indicate that information on its packaging or in a document accompanying the apparatus,

and for the purposes of subparagraphs (a) and (b)—

(i) the address shall indicate a single point at which the manufacturer can be contacted, and

(ii) the contact details shall be in a language easily understood by end-users and market surveillance authorities.

(8) A manufacturer shall—

(a) ensure that the apparatus is accompanied by instructions and the information referred to in Regulation 18 in—

(i) the English language, and

(ii) language which is clear, understandable and intelligible, and

(b) provide those instructions and that information in a manner that is clear, understandable and intelligible.

(9) A manufacturer shall ensure that the labelling of apparatus is clear, understandable and intelligible.

(10) Where a manufacturer considers, or has reason to believe, that an apparatus which the manufacturer has placed on the market is not in conformity with these Regulations, the manufacturer shall immediately take the corrective measures necessary to bring that apparatus into conformity including withdrawing it or recalling it, if appropriate.

(11) Where apparatus placed on the market presents a risk, the manufacturer shall—

(a) immediately inform the competent national authorities of the Member States in which the manufacturer has made the apparatus available on the market of the risk, and

(b) provide details, in...