S.I. No. 170/1979:

EUROPEAN COMMUNITIES (RADIO INTERFERENCE FROM ELECTRICAL HOUSEHOLD APPLIANCES, PORTABLE TOOLS AND SIMILAR EQUIPMENT) REGULATIONS, 1979.

EUROPEAN COMMUNITIES (RADIO INTERFERENCE FROM ELECTRICAL HOUSEHOLD APPLIANCES, PORTABLE TOOLS AND SIMILAR EQUIPMENT) REGULATIONS, 1979.

I, PÁDRAIG FAULKNER, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 76/889/EEC¹ of 4th November, 1976 and corrigendum², hereby make the following Regulations--

1. (1) These Regulations may be cited as the European Communities (Radio Interference from Electrical Household Appliances, Portable Tools and Similar Equipment) Regulations, 1979.

(2) These Regulations shall come into operation on the 1st day of September, 1979.

2. (1) In these Regulations--

"appliance" means an electrical household appliance, portable tool or other equipment, to which the Council Directive applies;

"the Council Directive" means Council Directive 76/889/EEC of 4th November, 1976;

"the Minister" means the Minister for Posts and Telegraphs.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Council Directive.

3. A person who contravenes Article 2 or 3 of the Council Directive shall be guilty of an offence.

4. If a statement, included by a person pursuant to Article 3 of the Council Directive, in the instructions for use or the guarantee certificate of an appliance or on the appliance itself is untrue or inaccurate, the person shall be guilty of an offence.

¹ OJ No. L336, 4.12.1976, p. 1

² OJ No. L105, 28.4.1977, p. 51

5. The Wireless Telegraphy (Control of Interference from Electric Motors) Regulations, 1963 ( S.I. No. 108 of 1963 ), shall not be construed as prohibiting or preventing the placing on the market or use of appliances that meet the requirements of the Council Directive.

6. Whenever the Minister is of the opinion that appliances of any kind do not comply with the requirements of the Council Directive, he may serve on or send by registered post to any person who is in possession of appliances of that kind in the course of business a notice prohibiting the person, as from the expiration of a period (not being less than seven days) specified in the notice, from placing on the market appliances of that kind and requiring the person within such a period so specified--

( a ) to make the appliances available for inspection by an officer of the Minister and authorised by him, or, in case an order under section 12A (14) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) is for the time being in force, an officer of Radio Telefís Éireann or any other body specified in the order and authorised by Radio Telefís Éireann or the other body, as may be appropriate, to make the inspection,

( b ) if requested by such officer, to transport to a place specified by the officer a sample or samples (which such officer is hereby empowered to select) of the appliances, or of any parts of the appliances specified by such officer, for the purpose of ascertaining whether or not the appliances comply with the requirements of the Council Directive.

7. Examinations, tests and measurements for the purpose of verifying compliance with the Council Directive shall be in accordance with the provisions of the Annex to the Council Directive.

8. Where appliances or parts of appliances are transported pursuant to a request under Regulation 6 of these Regulations, the appliances or parts may be subjected by the person by whom the request was made or by any other officer of the Minister, Radio Telefís Éireann or the other body, as may be appropriate, to examination and tests for the purpose of ascertaining whether or not the appliances comply with the requirements of the Council Directive.

9. Where--

( a ) a notice under Regulation 6 of these Regulations has been served on or sent to a person, and

( b ) after the expiration of the period specified in the notice, the person contravenes the provisions, or fails to comply with the requirements, of the notice, and, in the case of a contravention, the appliances concerned do not comply with the requirements of the Council Directive,

the person shall be guilty of an offence.

10. ( a ) A Justice of the District Court may, upon information on oath of an officer of the Minister or, in case an order under section 12A (14) of the Wireless Telegraphy Act, 1926 , is for the time being in force, an officer of Radio Telefís Éireann or any other body specified in the order and authorised by Radio Telefís Éireann or that other body, as may be appropriate, to swear the information or of a member of the Garda Síochana that there is reasonable ground for believing that, at any specified place, appliances are to be found which do not comply with the requirements of the Council Directive, grant to the officer or (with the consent of the Minister) to the member a search warrant which shall be expressed and shall operate to authorise the officer or the member to whom it is granted to enter, if need be by force, the place named in the said information and there to search for appliances and to select and transport to a place specified in the warrant a sample or samples of the appliances, or of any parts of any appliances found there and there subject them to examination and tests for the purpose of ascertaining whether or not the appliances comply with the requirements of the Council Directive.

( b ) A search warrant granted under this Regulation may authorise or, if the Justice granting it so thinks proper, require the person to whom it is granted to be accompanied by one or more members, or other members, as the case may be, of the Garda Síochána when making the search under the warrant.

( c ) Where, under a warrant under this Regulation, a person has a right to select and transport appliances or any parts of appliances to a specified place for examination and testing, it shall be the duty of any person who is at the place where the appliances are found to give him any such assistance as he may reasonably require.

( d ) Any person who--

(i) obstructs a person in the exercise of the powers conferred on him by a warrant under this subsection, or

(ii) fails or refuses to give to the person any assistance which he is under this subsection under a duty to give to him,

shall be guilty of an offence.

11. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £500.

12. An offence under these Regulations may be prosecuted by the Minister.

GIVEN under my Official Seal, this 15th day of May, 1979.

PÁDRAIG FAULKNER.

Minister for Posts and Telegraphs.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to Council Directive 76/889/EEC and corrigendum. This Directive has as its aim the harmonisation of the laws of Member States relating to the suppression of radio interference caused by electrical household appliances, portable tools and similar equipment by fixing the interference limits when such equipment is to be placed on the market and specifying the methods for measuring the interference levels. The Directive requires that the conformity of the equipment with the requirements of the Directive shall be certified by the manufacturer, assembler or importer on his own responsibility, in a statement to be included in the instructions for use, the guarantee certificate or on the equipment itself. The statement shall be unnecessary where use is made of marks or certificates issued by competent national authorities.

The Regulations also provide for inspection and testing of any appliances coming within the scope of the Directive if there is reason to believe that such appliances placed on the market do not comply with the terms of the Directive, for the prohibition of the placing of such appliances on the market and for penalties for offences.