- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As made)
Version Superseded: 31/12/2022
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the The Radio Equipment Regulations 2017, CHAPTER 3.
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20. An importer must not place radio equipment on the market unless it is in conformity with the essential requirements.
21. Before placing radio equipment on the market, an importer must ensure that—
(a)a relevant conformity assessment has been carried out by the manufacturer,
(b)that the radio equipment has been constructed so that it can be operated F1... without causing an infringement of the applicable requirements on the use of the radio spectrumF1...,
(c)the manufacturer has drawn up the technical documentation,
(d)the radio equipment—
(i)bears the [F2UK] marking, and
(ii)is accompanied by the information and documents referred to in regulations 13 (instructions and information to be included with the radio equipment) and 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use),
(e)the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer).
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 21(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 18(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 21(d)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 18(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
21. Before placing radio equipment on the market, an importer must ensure that—
(a)a relevant conformity assessment has been carried out by the manufacturer,
(b)that the radio equipment has been constructed so that it can be operated in at least one [F12relevant state] without causing an infringement of the applicable requirements on the use of the radio spectrum in the relevant [F12relevant state] or [F13relevant states],
(c)the manufacturer has drawn up the technical documentation,
(d)the radio equipment—
(i)bears the CE marking, and
(ii)is accompanied by the information and documents referred to in regulations 13 (instructions and information to be included with the radio equipment) and 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use),
(e)the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer).
Extent Information
E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F12Words in reg. 21(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(9)(a)
F13Words in reg. 21(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(9)(b)
22.—(1) Where an importer considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the importer must not place the radio equipment on the market.
(2) Where the radio equipment presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.
23.—(1) Before placing radio equipment on the market, an importer must indicate on the radio equipment—
(a)the name, registered trade name or registered trade mark of the importer, and
(b)a postal address at which the importer can be contacted.
(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the [F3enforcement authority].
[F4(3) Paragraph (1) does not apply where—
(a)either—
(i)it is not possible to set out the information referred to in paragraph (1) on the radio equipment, or
(ii)the importer has imported the radio equipment from an EEA state or Switzerland and places it on the market within the period of 24 months beginning with IP completion day, and
(b)before placing the radio equipment on the market, the importer sets out the information referred to in paragraph (1)-
(i)on the packaging; or
(ii)in a document accompanying the radio equipment.]
Extent Information
E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F3Words in reg. 23(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 19(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Reg. 23(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 19(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2; S.I. 2019/1246, regs. 1(3), 5, 7(2); S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(m) and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(r)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
23.—(1) Before placing radio equipment on the market, an importer must indicate on the radio equipment—
(a)the name, registered trade name or registered trade mark of the importer, and
(b)a postal address at which the importer can be contacted.
(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [F14relevant state] in which it is to be made available to such end-users.
(3) Where it is not possible to indicate the information specified in paragraph (1) on the radio equipment, the importer must indicate that information—
(a)on the packaging, or
(b)in a document accompanying the radio equipment.
Extent Information
E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F14Words in reg. 23(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(7)
Modifications etc. (not altering text)
24.—(1) When placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information [F5that are clear, legible and in easily understandable English].
F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F5Words in reg. 24(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 20(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6Reg. 24(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 20(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
24.—(1) When placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F15relevant state] in which the radio equipment is to be made available to such consumers and other end-users.
(2) Where the radio equipment is being made available to consumers and other end-users in [F16Northern Ireland], the language which can be easily understood by consumers and other end-users is English.
Extent Information
E9This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F15Words in reg. 24 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(10)(a)
F16Words in reg. 24 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(10)(b)
25. Where an importer has responsibility for radio equipment, the importer must ensure that the conditions under which the radio equipment is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements.
26.—(1) When appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, an importer must—
(a)carry out sample testing of radio equipment made available by the importer on the market,
(b)investigate complaints that radio equipment made available on the market by the importer is not in conformity with Part 2,
(c)keep a register of—
(i)complaints that radio equipment is not in conformity with Part 2,
(ii)radio equipment which is not in conformity with Part 2, and
(iii)radio equipment recalls, and
(d)keep distributors informed of any monitoring carried out under this regulation.
(2) An importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.
27.—(1) An importer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the radio equipment into conformity,
(b)withdraw the radio equipment, or
(c)recall the radio equipment.
(2) Where the radio equipment presents a risk, the importer must immediately inform the market surveillance authority F7... of the risk, giving details of—
(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and
(b)any corrective measures taken.
Extent Information
E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F7Words in reg. 27(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 21 (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
27.—(1) An importer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the radio equipment into conformity,
(b)withdraw the radio equipment, or
(c)recall the radio equipment.
(2) Where the radio equipment presents a risk, the importer must immediately inform the market surveillance authority, and the competent national authorities of any other [F17relevant state] in which the importer made the radio equipment available on the market, of the risk, giving details of—
(a)the respect in which the radio equipment is considered not to be in conformity with Part 2, and
(b)any corrective measures taken.
Extent Information
E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F17Words in reg. 27(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(7)
28. An importer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, upon request, make available to an enforcing authority the following in relation to radio equipment—
(a)a copy of the F9... declaration of conformity, and
(b)the technical documentation.
Extent Information
E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F8Word in reg. 28 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 22 (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in reg. 28(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 22 (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
28. An importer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, upon request, make available to an enforcing authority the following in relation to radio equipment—
(a)a copy of the EU declaration of conformity, and
(b)the technical documentation.
Extent Information
E11This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
29.—(1) Further to a reasoned request from an enforcing authority F10..., an importer, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.
(2) A request referred to in paragraph (1)—
(a)may only be made during the period of 10 years beginning on the day that the importer places the radio equipment on the market, and
(b)must be accompanied by the reasons for making the request.
(3) The information referred to in paragraph (1)—
(a)may be provided in electronic form, and
(b)must be in a language which can be easily understood by the [F11enforcing authority].
(4) An importer must, at the request of the enforcing authority or the competent national authority, cooperate with the authority on any action taken to—
(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),
(b)eliminate the risks posed by radio equipment which the importer has placed on the market.
Extent Information
E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F10Words in reg. 29(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 23(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in reg. 29(3)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 23(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
29.—(1) Further to a reasoned request from an enforcing authority or a competent national authority of another [F18relevant state], an importer, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.
(2) A request referred to in paragraph (1)—
(a)may only be made during the period of 10 years beginning on the day that the importer places the radio equipment on the market, and
(b)must be accompanied by the reasons for making the request.
(3) The information referred to in paragraph (1)—
(a)may be provided in electronic form, and
(b)must be in a language which can be easily understood by the authority concerned.
(4) An importer must, at the request of the enforcing authority or the competent national authority, cooperate with the authority on any action taken to—
(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk),
(b)eliminate the risks posed by radio equipment which the importer has placed on the market.
Extent Information
E12This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F18Words in reg. 29(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(7)
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