S.I. No. 22/1998:

EUROPEAN COMMUNITIES (ELECTROMAGNETIC COMPATIBILITY) REGULATIONS, 1998

EUROPEAN COMMUNITIES (ELECTROMAGNETIC COMPATIBILITY) REGULATIONS, 1998

I, Mary O'Rourke, Minister for Public Enterprise, 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 No. 89/336/EEC of 3 May 1989¹, as amended by Council Directives Nos. 9½63/EEC of 29 April 1991², 92/31/EEC of 28 April 1992³, 93/68/EEC of 22 July 1993⁴ and 93/97/EEC of 29 October 1993⁵, hereby make the following regulations:

¹ O J No. L 139, 23 May 1989, p. 19.

² O J No L 128, 23 May 1991, p. 1.

³ O J No L 126, 12 May 1992. p. 11

⁴ O J No L220, 30 August 1993, p. 1.

⁵ O J No L290, 24 November 1993. p. 1.

1. (1) These Regulations may be cited as the European Communities (Electromagnetic Compatibility) Regulations, 1998.

(2) These Regulations shall come into operation on the 9th day of February, 1998.

2. (1) In these Regulations, unless the context otherwise requires--

"apparatus" means all electrical and electronic appliances and equipment (together with equipment and installations) containing either electrical or electronic components or both electrical and electronic components to which these Regulations apply;

"authorised officer" means an officer appointed under Regulation 14 of these Regulations;

"authorised representative" means, in relation to a manufacturer, a person established within the Community who is expressly appointed by the manufacturer to act on his or her behalf in respect of obligations laid down in the Directive;

"CE marking" means a mark consisting of the symbol "CE" in the form shown in Annex I of the Directive (inserted by Council Directive No. 93/68/EEC) affixed visibly, legibly and indelibly;

"the Commission" means the Commission of the European Communities;

"competent body" means a person who has been-

(a) appointed under Regulation 9(3) of these Regulations,

or

(b) appointed, in another Member State in accordance with measures adopted to implement the Directive, to perform the function of issuing technical reports and certificates referred to in Article 10.2 of the Directive;

"the Directive" means Council Directive No. 89/336/EEC of 3 May 1989¹ on the approximation of the laws of the Member States relating to electromagnetic compatibility, as amended by Council Directives Nos. 9½63/EEC of 29 April 1991², 92/31/EEC of 28 April 1992³, 93/68/EEC of 22 July 1993⁴ and 93/97/EEC of 29 October 1993⁵;

¹ O J No L 139, 23 May 1989, p. 19.

² O J. No L 128, 23 May 1991, p 1.

³ O J No L 126, 12 May 1992, p. 11

⁴ O J No L220, 30 August 1993, p. 1.

⁵ O J No L290, 24 November 1993, p. 1.

"the Director" means the Director of Telecommunications Regulation;

"EC declaration of conformity" means a declaration, in the form specified in the Second Schedule to these Regulations, confirming the manner in which compliance of an apparatus with these Regulations has been achieved;

"EC type-examination certificate" means a document in which a notified body certifies that the type of apparatus examined by it complies with the provisions of these Regulations which concern that type of apparatus;

"end user or consumer" means the person who uses the apparatus after it has been assembled in accordance with the manufacturer's instructions and placed on the market in such a state as not to require it to be modified, adapted or fitted into any more complex apparatus;

"harmonised standard" means technical specifications adopted by the European Committee for Electro Technical Standardisation (CENELEC) on the basis of a remit by the Commission in accordance with the provisions of Council Directive No. 83/189/EEC of 28 March 1983¹;

¹O.J. No. L 109, 26 April 1983, p. 8.

"instructions manual" means a manual which includes the following information for the end user or consumer namely, information in relation to the intended conditions of use of the apparatus concerned and the installation, assembly, maintenance and use of the apparatus and, where appropriate, suitable warnings regarding misuse of the apparatus;

"Member State" means a Member State of the European Union;

"notified body" means a body which has been --

(a) appointed under Regulation 9(4) of these Regulations,

or

(b) appointed, in another Member State in accordance with measures adopted to implement the Directive, to perform the function of issuing EC type-examination certificates referred to in Article 10 of the Directive;

"place on the market" shall be construed in accordance with paragraph (2) of this Regulation;

"third country" means a state which is not a Member State.

(2) In these Regulations "place on the market" means, in relation to an apparatus, import, sell, offer for sale, expose for sale or supply the apparatus within the State, but does not include any of the following matters:

(a) any transfer of the apparatus from the manufacturer to his or her authorised representative,

(b) any importation into the State of the apparatus for the purpose of its re-exportation to a third country, and

(c) the display of the apparatus at trade fairs and exhibitions and any activities incidental thereto.

(3) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

3. (1) Subject to paragraphs (2) and (3) of this Regulation, a notice under these Regulations shall be addressed to the person concerned by name and may be given to the person in one of the following ways:

(a) by delivering it to the person,

(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(2) Where a notice under these Regulations is to be given to a person who is the owner or occupier of land and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words "the owner" or, as the case may require, "the occupier".

(3) Where a notice under these Regulations is to be given to the Director it shall be sent by post in a prepaid registered letter bearing the words "The Director of Telecommunications Regulation", and addressed to Abbey Court, Irish Life Centre, Lower Abbey Street, Dublin 1 or such other address as may be specified for the purpose by the Director in a notice placed by him or her in a newspaper circulating in the State.

(4) For the purposes of this Regulation, a company within the meaning of the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

4. (1) These Regulations shall apply to apparatus which are liable to cause electromagnetic disturbance or to be affected by electromagnetic disturbance, other than apparatus referred to in paragraph (2) of this Regulation.

(2) The apparatus referred to in paragraph (1) of this Regulation are --

(a) apparatus of a type which, in relation to the protection requirements specified in the Directive, are subject to harmonised standards in another Directive,

(b) apparatus which, in relation to any electromagnetic phenomenon, are the subject of another Directive, in so far as such phenomenon is subject to that other Directive,

(c) apparatus used to study any electromagnetic phenomenon when they are used in a sealed environment, whereby the use of apparatus outside that environment is not affected by such use,

(d) radio equipment, within the meaning of Article 1, definition 53, of the radio regulations in the International Telecommunications Convention, used by radio amateurs and which is not available commercially.

5. (1) A person shall not place an apparatus on the market unless the apparatus is accompanied by an instructions manual and, subject to paragraph (2) of this Regulation, is affixed with the CE marking.

(2) If it is not practical to affix the CE marking to the apparatus, the requirement in paragraph (1) of this Regulation with respect to the affixing of that marking shall be deemed to be complied with if that marking is affixed to the apparatus' packaging or its instructions manual or guarantee certificate.

(3) Subject to paragraph (4) of this Regulation, a person shall not assemble, install, maintain or use an apparatus otherwise than in accordance with the instructions in that regard contained in the instructions manual accompanying the apparatus.

(4) Nothing in paragraph (3) of this Regulation shall be construed as operating to prohibit a person from using, otherwise than in accordance with instructions aforesaid, any apparatus, after it has been placed on the market, to build or assemble any other thing or installation or to use the apparatus otherwise where, in relation to such thing, installation or use, the person is carrying out the duties imposed on manufacturers by these Regulations.

(5) If an apparatus is used that does not comply with Regulation 6 (1) of these Regulations, the Director may, by notice in writing given to the person who, in the opinion of the Director, is responsible for such use, require that person to take such steps as will ensure that that use is discontinued.

(6) A notice under this Regulation shall be complied with by the person to whom it is given.

(7) The Director may, where he or she considers it appropriate to do so, withdraw a notice given under this Regulation.

6. (1) A person shall not affix the CE marking to an apparatus or, as the case may be, to its packaging, or the instructions manual or guarantee certificate accompanying it, unless:

(a) the electromagnetic disturbance generated by the apparatus is below a level that would affect the operation or use of radio equipment, telecommunications equipment or other apparatus as intended,

(b) the apparatus has an adequate level of intrinsic immunity to electromagnetic disturbance to enable it to operate as intended,

(c) the provisions of the First Schedule to these Regulations have been complied with in respect of the apparatus, and

(d) if one or more other Directives apply to the apparatus, subject to paragraph (2) of this Regulation, the requirements of that Directive or those Directives have been complied with.

(2) Where one or more Directives referred to in paragraph (1)(d) of this Regulation permit a manufacturer, during a transitional period, to choose which provisions of such a Directive or Directives to apply in relation to the apparatus concerned, then, for the purpose of the said paragraph (1)(d), the CE marking may be affixed if the said provisions so chosen to be applied are complied with.

(3) Particulars of the provisions of the Directive or Directives referred to in paragraph (2) of this Regulation (as published in the Official Journal of the European Communities) which are applied by the manufacturer shall be given in the documents, notices or instructions required by the Directive or Directives and accompanying the apparatus.

(4) A person shall not affix a mark to an apparatus, or to its packaging, instructions manual or guarantee certificate, which is likely to deceive any person as to the meaning of the CE marking.

(6) A mark other than the CE marking may be affixed to an apparatus placed on the market, or to its packaging, instructions manual or guarantee certificate, if the visibility and legibility of the CE marking is not thereby reduced.

7. (1) Subject to paragraph (2) of this Regulation, the manufacturer of apparatus or his or her authorised representative shall retain such of the following as relate to the apparatus, namely, any EC declaration of conformity, any technical report or certificate issued by a competent body, any EC type-examination certificate issued by a notified body and any technical construction file for a period of at least ten years after the last unit of the apparatus is placed on the market.

(2) Where the manufacturer of the apparatus is not established within the Community, and he or she has not appointed an authorised representative, the person who has placed the apparatus on the market shall retain the matters referred to in paragraph (1) of this Regulation for the period specified therein.

(3) A manufacturer or his or her authorised representative or the person who places apparatus on the market, as appropriate, shall comply with any request by the Director to furnish to the Director for the purpose of its being inspected by the Director anything required to be retained by him or her by this Regulation.

8. (1) Where the Director or an authorised officer is of the opinion that an apparatus which does not bear the CE marking or an apparatus which bears the CE marking but does not otherwise comply with these Regulations has been, or may be, placed on the market, the Director may require (by a notice given to the person) a person who has placed or, as appropriate, who appears to the Director may place, the apparatus on the market to take such steps as will ensure that the apparatus is withdrawn from the market or, as appropriate, that it is not placed on the market.

(2) A notice under this Regulation shall be complied with by the person to whom it is given.

(3) The Director may, where he or she considers it appropriate to do so, withdraw a notice given by him or her or an authorised officer under this Regulation.

(4) The Director shall notify the Commission forthwith of the giving by him or her or an authorised officer of a notice under this Regulation, indicating the reasons therefor and, in particular, (where appropriate) the grounds for the opinion of the Director or the authorised officer concerned that the apparatus concerned does not comply with these Regulations.

9. (1) In this Regulation "the Minister" means the Minister for Enterprise, Trade and Employment.

(2) The Director may perform his or her functions under these Regulations through one or more persons appointed by him or her for the purpose.

(3) The Director may appoint one or more persons to each perform the function of issuing technical reports and certificates referred to in Article 10.2 of the Directive and any person so appointed may perform that function accordingly.

(4) The Director may appoint one or more persons to each perform the function of issuing EC type-examination certificates referred to in the Directive and any person so appointed may perform that function accordingly.

(5) The Director shall not appoint a person under paragraph (3) or (4) of this Regulation unless that person complies with the criteria specified in Annex 11 of the Directive but any person who complies with the assessment criteria fixed by the relevant harmonised standards shall be presumed to comply with those criteria.

(6) The Director may revoke any appointment of a person under paragraph (2), (3) or (4) of this Regulation.

(7) The Minister may approve standards for apparatus (being standards that implement harmonised standards applicable to apparatus) which standards shall be known and are referred to in these Regulations as "national harmonised standards".

(8) (a) Subject to subparagraph (b) of this paragraph, the Minister may approve standards for apparatus that are not the subject of a national harmonised standard for the purpose of ensuring that the apparatus--

(i) do not generate undue electromagnetic disturbance,

and

(ii) have adequate intrinsic resistance to predictable electromagnetic disturbance,

and such standards shall be known and are referred to in these Regulations as "national standards",

(b) The Minister shall not approve a standard as a national standard until the Commission has informed him or her that the standard proposed to be approved is adequate for the purpose of presuming the compliance of the apparatus concerned with the protection requirements of the Directive.

(9) The Minister may revoke an approval of a standard under this Regulation ("an existing standard") or make such modifications to an existing standard (including a standard approved under this paragraph) as he or she considers appropriate and approve the standard as so modified (and the standard so modified and approved shall, accordingly, have effect in lieu of the existing standard).

(10) The Minister shall cause notice of the approval, under this Regulation, of standards as national harmonised standards or national standards to be published in Iris Oifigúil (together with their reference numbers).

(11) Notwithstanding Regulations 5 and 6 of these Regulations, the Director may approve in writing the installation and use of apparatus at any specified place in order to overcome an existing or foreseeable electromagnetic compatibility problem, or the installation and use of apparatus to protect public telecommunications networks and wireless apparatus used for security (including safety) purposes.

(12) The Director may revoke or suspend an approval under paragraph (11) of this Regulation and such an approval which is so suspended shall cease to have effect for the period for which it is so suspended.

(13) The Director shall inform the Commission and the competent authorities of the other Member States of any approvals granted under paragraph (11) of this Regulation.

10. (1) A competent body shall require an application for a technical report or certificate in relation to an apparatus to be accompanied by each of the following:

(a) a general description of the apparatus,

(b) such technical documentation as will enable it to decide whether the apparatus complies with the protection requirements of the Directive,

(c) design and manufacturing drawings and layout diagrams covering components, sub-assemblies and circuits,

(d) descriptions and explanations necessary to enable it to examine the drawings and the operational aspects of the apparatus,

(e) design calculation results arising from control tests undertaken,

(f) test results,

and may request that a representative sample of the apparatus accompany the application.

(2) A competent body may refuse to issue, or may revoke or suspend, a technical report or certificate if it considers it appropriate to do so.

(3) A technical report or certificate which is so suspended shall cease to have effect for the period for which it is so suspended.

(4) Whenever a competent body refuses an application for a technical report or certificate it shall inform the applicant therefor of the reasons for the refusal.

11. (1) A notified body shall require an application for an EC type-examination certificate in relation to an apparatus to be accompanied by each of the following:

(a) the name and address of the manufacturer of the apparatus and, if appropriate, the name and address of his or her authorised representative and, where the manufacturer is not established within the Community and he or she has not appointed an authorised representative, the name and address of the person who intends to place the apparatus on the market,

(b) a declaration by the applicant that to the best of his or her knowledge the apparatus is not the subject of another application for an EC type-examination certificate to any other notified body,

(c) such technical documentation as will enable it to decide whether the apparatus complies with the protection requirements of the Directive,

and may request that a representative sample of the apparatus accompany the application.

(2) A notified body may refuse to grant, or may revoke or suspend, an EC type-examination certificate if it considers it appropriate to do so.

(3) An EC type-examination certificate which is so suspended shall cease to have effect for the period for which it is so suspended.

(4) Whenever a notified body refuses an application for an EC type-examination certificate it shall inform the applicant therefor of the reasons for the refusal.

12. (1) A person who is given a notice under Regulation 5 (5) or 8 (1) of these Regulations may appeal to the appropriate court against the giving of the notice.

(2) An appeal under this Regulation shall state the grounds on which the appeal is made and be made by written notice which shall be lodged with the appropriate office of the court by the appellant not later than 14 days from the date upon which the notice concerned was given to him or her.

(3) A copy of the notice by which a person makes an appeal under this Regulation shall be given by him or her to the Director.

(4) On the hearing of an appeal under this Regulation the appropriate court may, as it thinks fit, confirm the notice concerned or annul the notice.

(5) In this Regulation, "the appropriate court" means--

(a) in case the estimated value of the apparatus concerned does not exceed £5,000, the District Court,

(b) in case the estimated value of the apparatus concerned does not exceed £30,000, the Circuit Court,

(c) in any case, the High Court.

(6) If, in relation to an appeal under this Regulation to the District Court, that court becomes of opinion during the hearing of the appeal that the value of the apparatus, the subject of the appeal, exceeds £5,000, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the apparatus.

(7) If, in relation to an appeal under this Regulation to the Circuit Court, that court becomes of opinion during the hearing of the appeal that the value of the apparatus, the subject of the appeal, exceeds £30,000, it may, if it so thinks fit, transfer the appeal to the High Court.

(8) Paragraphs (6) and (7) of this Regulation are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an appeal under this Regulation in relation to which it was, at the time of the hearing of the appeal, the appropriate court.

(9) An appeal under this Regulation to the District Court shall be determined by the judge of the District Court for the District Court district in which the apparatus concerned was placed on the market or the appellant ordinarily resides.

(10) An appeal under this Regulation to the Circuit Court shall be determined by the judge of the Circuit Court for the circuit in which the apparatus concerned was placed on the market or the appellant ordinarily resides.

(11) For the purposes of this Regulation, a company within the meaning of the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

13. (1) If the Director is of opinion that--

(a) an apparatus does not comply with the requirements of Regulation 6(1) of these Regulations,

and

(b) the apparatus is being used or may be used by a person in such circumstances as are likely to cause death or serious injury or damage to property,

he or she may apply to the High Court for an order requiring that person to take such steps as will ensure that such use of the apparatus is discontinued or, as may be appropriate, does not occur and the High Court may, on the hearing of the application, if it thinks fit to do so, grant relief of that nature.

(2) An application for an order under this Regulation shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(3) An application for an order under this Regulation may be made notwithstanding that--

(a) the time specified in paragraph (2) of Regulation 12 of these Regulations within which an appeal under that Regulation against any notice that has been given under Regulation 5(5) on 8(1) of these Regulations in relation to the matter concerned may be made has not expired,

or

(b) an appeal under the said Regulation 12 against such a notice is pending.

14. (1) The Director may appoint such and so many of his or her officers or other persons whom he or she considers to be suitably qualified to be authorised officers for the purpose of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer and, when exercising a power under these Regulations, shall, if requested by any person affected, produce to the person the warrant for inspection by him or her.

(3) An authorised officer may--

(a) enter at all reasonable times any premises, place, vehicle or vessel at or in which he or she has reasonable grounds for suspecting that there is present an apparatus,

(b) require any person in or at the said premises, place, vehicle or vessel, the owner or person in charge thereof or any person employed in connection with any activity carried on therein or thereat to give him or her such information and to produce to him or her such books, records other documents which are within that person's power of procurement as he or she or the Director, a competent body or a notified body may sreasonably require for the purposes of his or her or its functions under these Regulations,

(c) in or at the said premises, place, vehicle or vessel seize any apparatus or part thereof or any books, records or other documents that he or she or the Director, a competent body or a notified body may reasonably require for the purposes of his or her or its functions under these Regulations.

(4) Regulation 16 of these Regulations shall apply to anything seized under paragraph (3) of this Regulation.

15. (1) If a judge of the District Court is satisfied, by information on oath of an authorised officer or a member of the Garda Siochana, that there are reasonable grounds for believing that there is present at or in any specified premises, place, vehicle or vessel, an apparatus which does not comply with these Regulations, or evidence otherwise of or related to a suspected offence under these Regulations, that judge may issue to the authorised officer or to the member of the Garda Siochana a warrant under this Regulation.

(2) A warrant issued under this Regulation shall be expressed and shall operate to authorise the authorised officer or the member of the Garda Siochana to whom it is issued, accompanied, if the judge concerned deems it appropriate so to provide, by such number of members of the Garda Siochana or authorised officers as may be specified in the warrant, to enter at any time or times within one month from the date of the issue of the warrant (if need be by force) the premises, place, vehicle or vessel named in the said information and there to search for and examine any apparatus as aforesaid and to seize anything which he believes to be evidence of, or evidence related to, a suspected offence under these Regulations.

16. (1) Anything seized--

(a) by an authorised officer under Regulation 14 of these Regulations,

or

(b) by an authorised officer or a member of the Garda Siochana pursuant to his or her powers under a warrant under Regulation 15 of these Regulations,

may, without prejudice to paragraph (2) of this Regulation, be given by him or her to the Director, a competent body, a notified body or any other person specified by the Director for the purpose (a"specified person") for examination by him or her or it. If a thing aforesaid is given to the Director, a competent body, a notified body or a specified person for examination, it shall, as soon as may be after the examination is completed, be returned, as the Director, competent body, notified body or specified person considers appropriate, to the said authorised officer or member of the Garda Siochana or to any other such officer or member to whom duties are, for the time being, assigned in relation to the matter concerned.

(2) Anything referred to in paragraph (1) of this Regulation which an authorised officer or member of the Garda Siochana believes to be evidence of, or evidence related to, an offence under these Regulations (whether as a result of an examination referred to in that paragraph or not) may, without prejudice to the fight of the Director, a competent body, a notified body or a specified person to detain the thing for the purposes of an examination as aforesaid, be detained--

(a) for such period from the date of seizure of the thing as is reasonable,

or

(b) if proceedings are commenced under these Regulations in which the thing is to be used in evidence, until the conclusion of those proceedings,

and shall then, as soon as may be after the expiration of that period or, as the case may be, the conclusion of those proceedings be delivered to the person who, in the opinion of the authorised officer or member of the Garda Siochana to whom duties are, for the time being assigned in relation to the matter, is the owner of the thing.

(3) Anything seized--

(a) by an authorised officer under Regulation 14 of these Regulations,

or

(b) by an authorised officer or a member of the Garda Siochana pursuant to his or her powers under a warrant under Regulation 15 of these Regulations, which in the opinion of that officer or member or any other such officer or member to whom duties are, for the time being, assigned in relation to the matter, is not evidence of, or evidence related to, an offence under these Regulations shall, as soon as may be after that officer or member becomes of that opinion, be delivered to the person who, in his or her opinion, is the owner of the thing.

(4) If the authorised officer or member of the Garda Siochana concerned referred to in paragraph (2) or (3) of this Regulation becomes of the opinion that he or she is unable to ascertain the identity of the owner of the thing referred to in the said paragraph (2) or (3), as the case may be, and records that opinion in writing then, on and from that opinion being so recorded, the Police (Property) Act, 1897, shall apply to the thing in the same manner as that Act applies to property which has come into the possession of the Garda Siochana in the circumstances mentioned in that Act.

17. (1) Any person who--

(a) obstructs or impedes an authorised officer in the exercise of his or her powers under these Regulations,

(b) refuses to produce any book, record or other document or to answer any question which an authorised officer lawfully requires him or her to produce or to answer,

(c) produces or causes to be produced any book, record or other document to an authorised officer which is false or misleading in any material respect knowing it to be so false or misleading,

(d) gives to an authorised officer any information which is false or misleading in any material respect knowing it to be so false or misleading,

(e) contravenes Regulation 5 (1), (3), (6), 6 (1), (3), (4), 7 (1), (2), (3), or 8 (2) of these Regulations, or

(f) makes or utters a false EC declaration of conformity, EC type examination certificate, technical report or certificate,

shall be guilty of an offence.

(2) Proceedings for an offence under these Regulations may be brought and prosecuted by the Director.

(3) Where an offence under these Regulations has been committed by a body corporate, and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(4) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.

(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within one year from the date on which the offence was committed.

(6) The Director shall, whenever he or she initiates any proceedings under these Regulations, notify the Commission and the competent authorities of the other Member States of that fact.

18. The following are hereby revoked:

(a) the European Communities (Radio Interference from Electrical Household Appliances, Portable Tools and Similar Equipment) Regulations, 1979 ( S.I. No. 170 of 1979 );

(b) the European Communities (Radio Interference from Electrical Household Appliances, Portable Tools and Similar Equipment) (Amendment) Regulations, 1983 ( S.I. No. 339 of 1983 );

(c) the European Communities (Radio Interferences from Electrical Household Appliances, Portable Tools and Similar Equipment) (Amendment) Regulations, 1990 ( S.I. No. 290 of 1990 );

(d) the European Communities (Radio Interference from Fluorescent Lighting Luminaires) Regulations, 1979, ( S.I. No. 171 of 1979 );

(e) the European Communities (Radio Interference from Fluorescent Lighting Luminaires) (Amendment) Regulations, 1983 ( S.I. No. 340 of 1983 );

and

(f) the European Communities (Radio Interference from Fluorescent Lighting Luminaires) (Amendment) Regulations, 1990 ( S.I. No. 291 of 1990 ).

Regulation 6(1).

First Schedule

The requirements specified in column (4) of the following Table at any reference number shall be complied with in respect of apparatus specified in column (3) of that Table at that reference number if the circumstances specified in column (2) of that Table at that reference number apply to the apparatus.

Table

¹O.J. No. L128, 23 May 1991, p.1

²O.J. No. 1290, 24 November 1993, p.1

Regulation 2(1).

Second Schedule

FORM OF EC DECLARATION OF CONFORMITY

No. ................... (front side)

The undersigned, representing the following manufacturer

or representing the manufacturer's authorised representative established within the Community indicated hereafter (when applicable)

hereby declares that the product

is in conformity with the provisions of the following EC Directive(s)

and that the standards and/or technical specifications referenced overleaf have been applied.

............................................. (place),............................................. (date)

.....................................

signature

............................................................ ............................................................ .........

(name and function of the signatory empowered to bind the manufacturer or his authorised representative)

No. ......................... (back side) (for office use only)

References of standards and/or technical specifications applied for this EC declaration of conformity, or parts thereof (the latter only to be mentioned where appropriate):

-- harmonised standards:

-- other standards and/or technical specifications:

-- other technical solutions, the details of which are included in the technical documentation or the technical construction file:

............................................................ ............................................................ .......................

............................................................ ............................................................ .......................

............................................................ ............................................................ .......................

Other references/information, if required by the applicable EC Directive(s): (e.g.)

-- the last two digits of the year in which the CE marking was affixed:.......... (only in the case of compliance with the provisions of the Low Voltage Directive No. 73/23/EEC, amended by Directive No. 93/68/EEC)

-- EC type-examination certificate no. ............................................................ ....................

issued by ............................................................ .....................................................

-- ............................................................ ............................................................ ..................

............................................................ ............................................................ ..................

............................................................ ............................................................ ..................

GIVEN under my Official Seal this 30th day of January, 1998

Mary O'Rourke T.D.,

Minister for Public Enterprise.

EXPLANATORY NOTE

The purpose of the Regulations is to give legal effect to Council Directive 89/336/EEC, of 3 May 1989, as amended, on the approximation of the laws of the Member States relating to electromagnetic compatibility.