|
The Radio Equipment and Telecommunications
Terminal Equipment Regulations 2000
|
These Regulations, which impose requirements concerning the conformity of certain radio equipment (RE) and telecommunications terminal equipment (TTE) if such equipment is to be supplied and put into service, including connection where appropriate to a public telecommunications network (PTN), implement Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (the RTTE Directive).
These Regulations disapply sections 22 and 84 of the Telecommunications Act 1984 (c.12), and approvals given thereunder, insofar as apparatus to which these Regulations apply is concerned, with effect from 8 April 2000. (regulation 1)
RE is a product, or 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. TTE is a product enabling communication or relevant component thereof which is intended to be connected directly or indirectly by any means whatsoever to interfaces of PTNs - that is to say, telecommunications networks used wholly or partly for the provision of publicly available telecommunications services (regulation 2). Certain apparatus is excluded from the scope of these Regulations, or is recognised as being subject to other regulations in addition to these (regulation 3).
The essential requirements that must be met by apparatus to which these Regulations apply, when properly installed, maintained, and used for its intended purpose, are stated (regulation 4). Provision is made for additional requirements of a specific nature to be imposed following a measure to that effect having been adopted by the Commission pursuant to the RTTE Directive and published in the Official Journal of the European Communities (regulation 4).
These Regulations identify procedural requirements for placing apparatus on the market (regulation 5), and certain circumstances where the apparatus is regarded as not subject to these requirements, or where conditions for display of the apparatus are imposed (regulation 6).
Apparatus that meets the requirements of these Regulations may be connected to appropriate interfaces of PTNs and may be put into service, subject to safeguards in the event of serious damage to a network or harmful radio interference (regulation 7). The manufacturer of the apparatus may choose from certain alternative conformity assessment procedures, and may presume conformity to the essential requirements where apparatus meets harmonised standards that have been referenced in the Official Journal of the European Communities (regulation 9). Apparatus approved under the superseded approvals regimes may continue to be supplied for a transitional period of one year (regulation 8).
These regulations define the form of CE marking that must be placed on apparatus (regulation 10), the information and instructions that must accompany apparatus (regulation 11), and the notice to be given before placing on the market of RE using frequency bands whose use is not harmonised throughout the Community (regulation 12).
Regulation 13 imposes a duty on PTN operators to publish network interface information before services provided through those interfaces are offered to the public.
Regulations 14 to 16 make provision for the appointment and functions of notified bodies, including the charging of fees. Regulation 17 introduces conditions into the Telecommunications Act licences of PTN operators, covering the duty to publish interface details.
Regulation 18 revokes the various orders and regulations made under the current approvals regime for telecommunications.
Regulation 19 disapplies the requirements of sections 22 and 84 of the Telecommunications Act 1984 for apparatus within the scope of the regulations. It also disapplies the Electrical Equipment (Safety)Regulations1994 and the type examination procedure for radio equipment within the scope of the Electromagnetic Compatibility (EMC) Regulations 1992.
Regulation 20 ensures that other relevant measures will apply to apparatus in addition to these regulations.
Regulations 21 to 25 make provision for enforcement of these Regulations. They identify the appropriate procedures to be taken by enforcement authorities in the respective parts of the UK, the offences and penalties related to possible breach of the Regulations, the admission of the defence of due diligence, and the liability of persons other than the principal offender. For the offences of not meeting the essential requirements (regulation 5(2)(a)), not applying one of the relevant conformity assessment procedures (regulation 9(2)), not correctly CE marking the equipment (regulation 10), not providing correct information and instructions accompanying the apparatus (regulation 11), or failing to give correct notice of placing on the market radio equipment using frequencies that are not harmonised throughout the Community (regulation 12), the penalties are imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both. For the offence of failure to supply or retain a copy of the declaration of conformity (regulation 5(2)(a) to (f)), the penalty is a fine not exceeding level 5 on the standard scale.
Schedules 1 to 7 are taken from the respective Annexes of the RTTE Directive, and transpose these requirements, which cover: excluded equipment, conformity assessment procedures, criteria for designating notified bodies, and the CE marking to be applied to apparatus.
Schedule 8 details the provisions for enforcement of these Regulations in the respective parts of the UK, including provisions for forfeiture of equipment.
Schedule 9 details the "Publication of Interfaces Condition" which, as a result of regulation 17 modifies the Telecommunications Act licences of PTN operators.
The
Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
| November 1999 |  |
