Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/730 |
2000 No. 730
TELECOMMUNICATIONS
The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
Made 9th March 2000
Laid before Parliament 13th March 2000
Coming into force 8th April 2000
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the approval of radio equipment and telecommunications terminal equipment, in exercise of the powers conferred on him by that section, hereby makes the following Regulations:
PART I
INTRODUCTORY
Citation, commencement, revocations and disapplications
1.—(1) These Regulations may be cited as the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 and shall come into force on 8th April 2000.
(2) The following Orders and Regulations are hereby revoked:
Telecommunication Apparatus (Advertisements) Order 19823
Telecommunication Apparatus (Advertisements) Order 19854
Telecommunication Apparatus (Advertisements) (Amendments) Order 19855
Telecommunication Apparatus (Marking and Labelling) Order 19826
Telecommunication Apparatus (Marking and Labelling) Order 19857
Telecommunication Apparatus (Marking and Labelling) (Amendment) Order 19858
Telecommunication Apparatus (Bell Noise Labelling) Order 19859
Telecommunications Terminal Equipment Regulations 199212
Telecommunications Terminal Equipment (Amendment and Extension) Regulations 199413
Telecommunications Terminal Equipment (Amendment) Regulations 199514
(3) Sections 22 and 84 of the Act, the Electromagnetic Compatibility Regulations 1992, except for regulations 5 and 3115, and the Electrical Equipment (Safety) Regulations 1994, except for regulations 5 and 716, shall cease to apply to apparatus covered by these Regulations.
Interpretation
2.—(1) In these Regulations (except in Schedule 9)—
“the Act” means the Telecommunications Act 198417;
“active implantable medical device” shall have the meaning in Article 1 of Council Directive 90/385/EECof 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices18;
“apparatus” means any equipment that is either radio equipment or telecommunications terminal equipment or both;
“the CE marking” has the meaning given in regulation 10;
“the Commission” means the Commission of the European Communities;
“a component or a separate technical unit of a vehicle” shall have the meaning in Article 2 of Council Directive 92/61/EEC19;
“the Directive” means Directive 1999/5/ECof the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity20;
“the Director” means the Director General of Telecommunications appointed under section 1 of the Act;
“enforcement authority” has the meaning given in paragraphs 1 and 2 of Schedule 9;
“equipment class” means a class identifying particular types of apparatus which under the Directive are considered similar and those interfaces for which the apparatus is designed. Apparatus may belong to more than one equipment class;
“harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable Community or national regulations;
“harmonised standard” means a technical specification adopted by a recognised standards body under a mandate from the Commission in conformity with the procedures laid down in Directive 98/34/ECof the European Parliament and of the Council21for the purpose of establishing a European requirement, compliance with which is not compulsory;
“interface” means either or both of—
(i) a network termination point which is a physical connection point at which a user is provided with access to public telecommunications network, and
(ii) an air interface specifying the radio path between radio equipment
and their technical specifications;
“medical device” shall have the meaning in Article 1 of Council Directive 93/42/EECof 14 June 1993 concerning medical devices22;
“public telecommunications networks” means telecommunications networks used wholly or partly for the provision of publicly available telecommunications services;
“radio equipment” means a product, or a relevant component thereof, capable of communication by means of the emission and/or reception of radio waves utilising the spectrum allocated to terrestrial/space radio communication;
“radio waves” means electromagnetic waves of frequencies from 9 kHz to 3,000 GHz, propagated in space without artificial guide;
“responsible person” means the manufacturer of apparatus or his authorised representative within the Community, or any other person who places the apparatus on the market;
“technical construction file” means a file describing the apparatus and providing information and explanations as to how the essential requirements (within the meaning of regulation 4) applicable to the apparatus have been met;
“telecommunications terminal equipment” means a product enabling communication, or a relevant component thereof, which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks;
and any other expression used in these Regulations which is also used in the Directive has the same meaning in these Regulations as it has in the Directive.
(2) For the purposes of these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference—
(i)
(i) in a regulation to a paragraph is a reference to a paragraph in that regulation;
(ii)
(ii) to an Annex is a reference to an Annex of the Directive.
(3) For the purposes of these Regulations, Annexes I, II, III, IV, V, VI and VII are respectively set out in Schedules 1, 2, 3, 4, 5, 6 and 7, and a reference to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the respective Schedule.
PART II
GENERAL PRINCIPLES
Scope and Exclusions
3.—(1) Subject to paragraphs (4) and (5), these Regulations shall apply to all apparatus.
(2) Where apparatus incorporates, as an integral part or as an accessory—
(a)
(a) a medical device; or
(b)
(b) an active implantable medical device,
nothing in these Regulations shall affect the application of Council Directive 93/42/EEC of 14 June 199322; or Council Directive 90/385/EEC of 20 June 199023; or the Medical Devices Regulations 199424; or the Active Implantable Medical Devices Regulations 199225.
(3) Where apparatus constitutes a component or a separate technical unit of a vehicle, nothing in these Regulations shall affect the application of Council Directive 72/245/EECof 20 June 197226; or Council Directive 92/61/EECof 30 June 199227; or the Motor Vehicles (Type Approval) Regulations 198028; or the Motorcycle (EC Type Approval) Regulations 199529.
(4) These Regulations shall not apply to apparatus exclusively used for the purposes of public security, defence, State security (including the economic well-being of the State) or the activities of the State in the area of criminal law.
(5) These Regulations shall not apply to equipment listed in Schedule 1.
Essential Requirements
4.—(1) Apparatus when properly installed and maintained and used for its intended purpose shall satisfy the essential requirements set out in this regulation.
(2) The following essential requirements shall apply to all apparatus:
(a)
(a) the protection of the health and safety of the user and any other person, including the objectives with respect to safety requirements contained in Council Directive 73/23/EEC30(but as if there were no voltage limit);
(b)
(b) the protection requirements with respect to electromagnetic compatibility contained in Council Directive 89/336/EEC31;
(3) In addition, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference.
(4) When a measure has been adopted by the Commission pursuant to Articles 3.3, 6.2 and 15 of the Directive and published in the Official Journal of the European Communities determining that apparatus shall be so constructed that—
(a)
(a) it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the community; or that
(b)
(b) it does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; or that
(c)
(c) it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; or that
(d)
(d) it supports certain features ensuring avoidance of fraud; or that
(e)
(e) it supports certain features ensuring access to emergency services; or that
(f)
(f) it supports certain features in order to facilitate its use by users with a disability,
apparatus within the scope of that measure shall meet the requirements of that measure from the date specified in that measure.
PART III
COMPLIANCE
General duty relating to the placing on the market and putting into service of apparatus
5.—(1) Subject to regulations 6, 7 and 8, no person shall place on the market or put into service any apparatus unless the requirements of paragraph...
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