UK Offence Report

The Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994

UK Statutory Instrument 1994 No. 3129 — creates 5 criminal offences.

5offences created
0recorded in force
0revoked
Made
7 December 1994
In force from
1 January 1995
Extent
Not stated
Subject
Energy, communications, water and utilities
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend and extend the application of the Telecommunications Terminal Equipment Regulations 1992 (S. I. No.2423; “the TTE Regulations”), which implemented Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (“the TTE Directive”). Part II of these Regulations amends the TTE Regulations— a to make reference to their application to the European Economic Area (EEA) (regulation 3(c)); b to widen the definition of connection-capable equipment in regulation 4 of the TTE Regulations to effectively extend the application of regulation 12, which allows the CE mark to be affixed to equipment which is capable of, but not intended for, connection to the public telecommunications network, to all such equipment pursuant to Article 2 of the TTE Directive (regulation 4); and c to allow for the affixation of the rounded style CE mark as an alternative to the mark provided for in Schedule 2 to the TTE Regulations (regulation 5); and d to allow the Secretary of State to approve certain types of terminal equipment (regulation 6). Part III of these Regulations implements the provisions of Council Directive 93/68/EEC (the “CE Marking Directive”; which provides for the replacement of the CE mark with the CE marking) which amend the TTE Directive. Article 11 of the CE Marking Directive sets out the particular amendments to the TTE Directive; these are implemented by regulation 7. Article 14 provides for a transitional period until 1st January 1997 during which a manufacturer or his authorised representative may elect to apply either the CE marking or the CE mark; regulation 8 disapplies the amendments made by regulation 7 where the CE mark is applied. Part IV of these Regulations implements the provisions of Council Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment (the “SESE Directive”) except as described below. The TTE Regulations (as amended by Parts II and III of these Regulations, save that the transitional period during which the CE mark may be affixed does not apply) are extended with certain modifications to satellite earth station equipment. In extending the TTE Directive to such equipment, Article 4.4 of the SESE Directive provides for electromagnetic compatibility (EMC) requirements specific to such equipment to be imposed under Article 4(c) of the TTE Directive. Pursuant to Article 2.2 of Council Directive 89/336/EEC (the “EMC Directive”), the EMC Directive is therefore disapplied to such specific requirements. Regulation 6(2) of the Electromagnetic Campatibility (Amendment) Regulations 1994 (S. I. No.3080) substitutes a new regulation 27 of the Electromagnetic Compatibility Regulations 1992 (S. I. No.2372) disapplying the latter Regulations to these specific requirements. Article 8.3 of the SESE Directive (which disapplies the type approval procedure for radiocommunication transmission apparatus in Article 10.5 of the Council Directive 89/336/EEC in respect of satellite earth station equipment) is implemented by regulation 6(3) of S. I.1994/3080.

Offences created by this instrument

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