Statutory Instruments
1995 No. 3180

ELECTROMAGNETIC COMPATIBILITY
The Electromagnetic Compatibility (Amendment) Regulations 1995

Made
7th December 1995

Laid before Parliament
7th December 1995

Coming into force
1st January 1996

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to apparatus which is liable to cause electromagnetic disturbance and to apparatus the performance of which is liable to be affected by such disturbance, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations: —

1.  These Regulations may be cited as the Electromagnetic Compatibility (Amendment) Regulations 1995 and shall come into force on 1st January 1996.

2.  The Electromagnetic Compatibility Regulations 1992(3) are hereby further amended as follows—

(a)after regulation 22, there shall be inserted the following regulation—

“Vehicles, components and separate technical units

22A.—(1) These Regulations do not apply to vehicles, components or separate technical units.

(2) In this regulation, in accordance with Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles(4) as adapted to technical progress and amended by Commission Directive 95/54/E,C(5) “vehicle”, “component”and “separate technical unit”have the meanings respectively given to them by Article 2 of Council Directive 70/156/EEC on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers(6), as amended by Council Directive 92/53/EEC.(7); and”

(b)regulation 24 shall be deleted.

Anthony Nelson
Minister for Trade,
Department of Trade and Industry
7th December 1995

Explanatory Note

(This note is not part of the Regulations)
These Regulations give effect to Article 1.4 of Commission Directive 95/54/EC which adapts to technical progress and amends Council Directive 72/245/EEC (“the Automotive EMC Directive”) and Article 2.2 of Council Directive 89/336/EEC (“the generic EMC Directive”).
Article 2.2 of the generic EMC Directive provides that insofar as protection requirements which are specified in it are harmonised, in the case of certain apparatus, by specific Directives, the generic EMC Directive shall cease to apply in respect of such apparatus upon the entry into force of the specific Directive.
Article 1.4 of Commission Directive 95/54/EC replaces Article 3 of the Automotive EMC Directive. Replacement Article 3 provides that the Automotive EMC Directive (as amended) is a specific Directive for the purposes of Article 2.2 of the generic EMC Directive with effect from the 1st January 1996.
The generic EMC Directive was implemented by the Electromagnetic Compatibility Regulations 1992 (S.I. No. 2372 as amended by S.I. 1994/3080) (“the EMC Regulations”). These Regulations further amend the EMC Regulations by disapplying the EMC Regulations in respect of “vehicles”, “components”, and “separate technical units”as defined in Council Directive 70/156/EEC (as amended) pursuant to the Automotive EMC Directive (as amended) from the 1st January 1996.
There is a consequential amendment which deletes regulation 24 of the EMC Regulations.


(1)
S.I. 1989/2393.

(2)
1972 c. 68.

(3)
S.I. 1992/2372, as amended by S.I. 1994/3080.

(4)
OJ No. L152, 6.7.72, p.15.

(5)
OJ No. L266, 8.11.95, p.1.

(6)
OJ No. L42, 23.2.70, p.1.

(7)
OJ No. L225, 10.8.92, p.1. Council Directive 92/53/EEC replaced Article 2 of Council Directive 70/156/EEC. Council Directive 72/245/EEC (as amended by Commission Directive 95/54/EC) is a separate Directive for the purpose of the definitions of component and separate technical unit.