The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

Essential Requirements

4.—(1) Apparatus when properly installed and maintained and used for its intended purpose shall satisfy the essential requirements set out in this regulation.

(2) The following essential requirements shall apply to all apparatus:

(a)the protection of the health and safety of the user and any other person, including the objectives with respect to safety requirements contained in Council Directive 73/23/EEC(1) (but as if there were no voltage limit);

(b)the protection requirements with respect to electromagnetic compatibility contained in Council Directive 89/336/EEC(2);

(3) In addition, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference.

(4) When a measure has been adopted by the Commission pursuant to Articles 3.3, 6.2 and 15 of the Directive and published in the Official Journal of the European Communities determining that apparatus shall be so constructed that—

(a)it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the community; or that

(b)it does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; or that

(c)it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; or that

(d)it supports certain features ensuring avoidance of fraud; or that

(e)it supports certain features ensuring access to emergency services; or that

(f)it supports certain features in order to facilitate its use by users with a disability,

apparatus within the scope of that measure shall meet the requirements of that measure from the date specified in that measure.