The Radio Equipment Regulations 2017

UK Statutory Instrument 2017 No. 1206 — creates 4 criminal offences.

Made

4 December 2017

In force from

26 December 2017

Extent

Not stated

Subject

Energy, communications, water and utilities

Made under

European Communities Act 1972, Schedule 2 to, the 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 transpose Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p.62) (“the Directive”). The Directive repeals and replaces Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p.10) which was implemented in the United Kingdom by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730). These Regulations revoke and replace S.I. 2000/730. Regulations 3 to 5 set out the application of the Regulations to radio equipment, as defined in regulation 2. Regulation 2 contains definitions of many of the terms used in the Regulations. Part 2 sets out the obligations of economic operators. Regulation 6 defines what are the essential requirements that radio equipment must meet, which include the protection of the health and safety of persons, the protection of property, ensuring an adequate level of electromagnetic compatibility with other equipment, and avoiding harmful interference in the radio spectrum . Regulations 7 to 18 set out the obligations that are specific to manufacturers. Obligations include ensuring that radio equipment has been designed and manufactured in accordance with the essential requirements, having a relevant conformity assessment procedure carried out before the radio equipment is placed on the market and affixing the CE marking. Regulation 19 sets out the obligations which an authorised representative, appointed by a manufacturer, must and must not perform on the manufacturer’s behalf. It also provides that the authorised representative, as well as the manufacturer, is then responsible for the performance of those obligations Regulations 20 to 29 set out the obligations that are specific to importers. These obligations include that the importer must not place on the market radio equipment which is not in conformity with the essential requirements, must check that the manufacturer has carried out a relevant conformity assessment procedure and must ensure the radio equipment bears the name and address of the importer. Regulation 25 includes an obligation to ensure that, while the importer is responsible for radio equipment, the storage and transport of the radio equipment does not jeopardise its conformity with the essential requirements. Regulations 30 to 35 set out the obligations that are specific to distributors. These obligations include acting with due care to ensure that radio equipment is in conformity with Part 2 when making it available on the market, and checking that radio equipment bears the CE marking. Regulation 33 contains an obligation to ensure that, while the distributer is responsible for radio equipment, the storage and transport of the radio equipment does not jeopardise its conformity with the essential requirements. Regulations 37 to 39 set out obligations which apply to all economic operators. These obligations include making sure that the EU declaration of conformity is in English before radio equipment is placed on the market in the United Kingdom. Those regulations also include an obligation to identify other economic operators in the supply chain on request from a market surveillance authority and a prohibition on the improper use of the CE marking. Part 3 sets out provisions concerning the conformity assessment procedures, declarations of conformity and CE marking for radio equipment. Part 4 sets out provisions concerning the bodies which carry out conformity assessment procedures under the Regulations. Part 5 sets out provisions for market surveillance and enforcement of these Regulations. Regulation 55 identifies the market surveillance authorities and regulation 56 identifies the enforcing authorities. Regulation 57 and Schedule 10 provide for the powers of the enforcing and market surveillance authorities. Regulation 65 provides for the contravention of certain provisions of these Regulations to be an offence. Regulation 66 sets out the penalties that are to apply for offences under these Regulations. Part 6 sets out a review provision and transitional provisions and consequential amendments. Regulation 78 revokes the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730) (as amended) and provides that they continue to apply to radio equipment placed on the market before the date these Regulations come into force. Regulations 79 to 85 make consequential amendments. A transposition note and full impact assessment of the impact that these Regulations will have on the costs of business, the voluntary sector and the public sector are available from the Single Market Product Safety Team, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET and are also published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.

Offences created by this instrument

• It is an offence for a person to contravene or fail to comply with any requirement of regulations 7 to 15, 16(4), 17… regulation 65(1) · Status not determined · Mixed — some elements strict, some not
• It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice… regulation 65(2) · Status not determined · Strict liability
• Liability of persons other than principal offender regulation 68(2) · Status not determined · Strict liability
• Recovery of expenses of enforcement regulation 71(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2025 Commons · General Committees · 11 November 2025 · The Parliamentary Under-Secretary of State for Business and Trade (Kate Dearden)

  I beg to move, That the Committee has considered the draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2025. It is a pleasure to serve under your chairmanship, Mr Pritchard, for my first time leading a debate on a statutory instrument. The draft regulations were laid before the House on 13 October 2025, and I will begin by setting out their background. They concern radio equipment, which today includes a wide range of products, including smartphones and many other smart and connected devices. The radio equipment directive 2014/53/EU continues to apply in Northern Ireland under…

• Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2025 Commons · General Committees · 11 November 2025 · Gareth Davies (Grantham and Bourne) (Con)

  It is a great pleasure to see you in the chair, Mr Pritchard. I welcome the relatively new Minister to her first delegated legislation Committee; I am sure there will be many more. It is a great pleasure to see her for the first time in her place. I welcome the opportunity to address this statutory instrument on behalf of the official Opposition. As the Minister helpfully set out, the instrument gives effect to Commission Delegated Regulation (EU) 2022/30 in Northern Ireland and allows it to be legally enforced. The radio equipment directive requires that the radio equipment sold or used…

• Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2025 Commons · General Committees · 11 November 2025 · Jim Allister (North Antrim) (TUV)

  It is a pleasure to serve with you in the Chair, Mr Pritchard. Here we have another egregious example of how my constituents are disenfranchised when it comes to making laws that govern aspects of their lives. All of us in the United Kingdom were subject to the EU regulations on radio equipment through the Radio Equipment Regulations 2017. [Interruption.] Does the hon. Member for Bermondsey and Old Southwark wish to intervene?

• Radio Equipment (Amendment) (Northern Ireland) Regulations 2025 Lords · Lords Chamber · 20 November 2025 · The Earl of Effingham (Con)

  My Lords, this instrument, as the Minister has outlined, amends the Radio Equipment Regulations 2017 to ensure that additional essential requirements covering cyber security, data protection and fraud prevention apply to certain categories of radio equipment marketed in Northern Ireland. The objectives of these requirements are sensible. In an era of ultra-connected devices such as smartphones, watches, fitness trackers and more, the need to protect personal data, prevent fraud and safeguard network integrity is clearly paramount. Consumers rightly expect that the technology that, in many…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure

Made negative — law unless a motion to stop it succeeded

Could either House amend it?

No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Committee

Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

• Instrument created 4 December 2017
• Instrument made (signed into law) 4 December 2017
• Laid before the House of Commons 5 December 2017 · Commons
• Laid before the House of Lords 5 December 2017 · Lords
• Considered by the Secondary Legislation Scrutiny Committee (SLSC) 20 December 2017 · Lords
• Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 20 December 2017 · Lords
• Objection period ends 30 January 2018
• Instrument remains law 30 January 2018
• Procedure concluded in the House of Commons and the House of Lords 30 January 2018 · Commons, Lords
• Considered by the Joint Committee on Statutory Instruments (JCSI) 31 January 2018 · Commons, Lords
• Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 31 January 2018 · Commons, Lords
• Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 31 January 2018 · Commons, Lords
• Instrument comes into force as law Date not recorded

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2017